Getting into a truck accident can be highly traumatizing, but discovering that the truck driver is uninsured can be overwhelming. Florida has one of the highest vehicle accidents in the U.S., where at least one-third of the drivers are uninsured. Accidents involving uninsured truck drivers often impose a financial burden on victims. You might feel confused about how to cover your medical bills, repair expenses, and other damages. However, the proper legal assistance can protect your financial well-being. At Abercrombie, P.A., we can assist you with such challenging situations. In this blog, we’ll explain what you need to do after being hit by an uninsured truck driver. Continue reading to know more.
Brief Idea about Truck Insurance in Florida
Commercial trucks generally own insurance policies that are designed to protect truckers and other motorists in an accident. The insurance requirements for a commercial truck depend on the size and weight of the rig. Any commercial truck is required to have the following type of insurance:
- Body insurance coverage
- Property damage insurance
- Uninsured driver coverage
- Underinsured driver coverage
Hiring an experienced truck accident attorney will help you navigate through which insurance policy your commercial truck will particularly need. If the trucker or employer lacks the specific type of insurance, they can be cited. Similarly, you might need to file a personal injury lawsuit to recover the damages.
Reasons a Truck Driver is Uninsured
In some instances, the truck driver might be uninsured. Our lawyers will identify whether a truck driver is insured or not and evaluate the reasons behind it. Here are some common reasons for truck drivers to be uninsured:
Failure to Renew Insurance
If the truck owner or contractor fails to renew the insurance, the lapsed policy will be declared uninsured. Financial problems, inadequate legal knowledge, and other complexities might be reasons for the failure to renew insurance.
Truck Driver is an Independent Contractor
An independent trucker might try to save money and drive illegally without liability insurance. Our truck accident lawyer will analyze whether your truck driver is an independent contractor or not. In other cases, an independent trucker might have a minimum level of insurance that doesn’t cover your losses.
Avoided Complexities in Insurance Policy
Truckers often ignore insurance policies to save money and avoid legal complexities. Their insufficient driving record can also lead to a coverage denial or expensive coverage.
Lapsed Coverage
Due to financial loss or burden, many truck drivers face the problem of lapsed insurance coverage. However, if a driver is a contractor without proper insurance, they might face serious financial issues or burdens in the future.
When do you need to File a Truck Accident Lawsuit?
Truck accidents, unlike car accidents, have a profound impact and are not covered by standard car insurance. Severe injuries can lead to permanent disability or death. The trucking company is a typical party that is sued in an accident. Here’s when a truck accident attorney can help you file a proper truck accident lawsuit. We will assist you with proper evidence, documentation, and negotiation with liable parties and insurance companies. Our attorneys can negotiate a settlement until the insurance company makes the final offer. Most truck accident claims end with an insurance settlement. However, if fair trade isn’t made, our attorneys will file a lawsuit on your behalf and present the case to a jury.
Need to Prove Liability
If your truck driver is insured, then how would you prove the fault of the party? There should be specific evidence to prove your liability. Here’s how your truck accident lawyer can prove the liability of the truck accident driver:
- Proving that the truck accident involved negligent or reckless driving.
- The truck driver was poorly trained, as identified from training or employment records.
- Improper maintenance of the truck or defects present in the truck.
In addition to the above liability aspects, our truck accident lawyer will help you prove whether your truck driver is liable.
Damages that Can be Claimed from Truck Accidents
Truck accidents impose severe damages that are greater than car or motorcycle accidents. Here are some common damages that you can claim from truck accidents:
- Medical expenses are experienced to treat physical damage and emotional stress.
- Property damage caused due to collision
- Lost earnings and lost earning capacity due to medical problems
- Loss of consortium in the accident.
Conclusion
Are you injured in a truck accident by an uninsured driver? We at Abercrombie, P.A., will assist you with the necessary legal guidance in filing a lawsuit. Whether you need to negotiate with an insurance company or sue liable parties, we can help with everything. Connect with us today.
