Truck accident claims are unique due to the immense weight of these vehicles, the multiple parties that could be held liable in an accident, the number of additional laws that trucking companies and their drivers are subject to, and the fact that truck accidents produce unique evidence, such as ELDs, black-box data, inspection records, and maintenance records, to name a few.
These factors make liability more complicated and the overall investigation more critical. If you were injured in a truck accident, a truck accident lawyer in Winter Park will investigate the commercial carrier, driver, vehicle, and other unique and responsible parties. In contrast, a car accident lawyer in Winter Park at Abercrombie P.A. mostly handles less complicated liability and a different evidence structure.
The Weight and Severity Difference
Physical size and the difference between a vehicle and a commercial motor vehicle can drastically affect collision severity. The weight/gross combination weight rating of a loaded truck can range from several thousand to thousands of times the weight rating/size of a car; its speed, braking distance, and height can all affect a collision differently.
Consequently, severe injuries, multi-vehicle car collisions, or multiple deaths and significant property damage become much more common in truck collisions. An incapacitating severe injury can result in exorbitant medical bills, longer periods of absence from your job or during physical rehabilitation, and, quite possibly, huge prospective damages.
Accident reconstructionists may need to scrutinize vehicle damage, road and vehicle conditions, skids, photographs, and the truck’s speed and weight. This doesn’t mean every truck accident guarantees maximum compensable damages compared to a car accident, because damages can vary based on negligence, liability, and the facts of the case.
Multiple liable parties (and Why Florida’s Comparative Negligence Law Makes This Harder)
A car accident may involve only two vehicles. In fact, even though there may only be one or two vehicles at the scene, numerous additional parties may be held responsible:
- truck driver
- trucking company
- owner of the vehicle
- leasing company
- service or mechanic company
- a shipping company (that loaded the truck)
- an accessory or equipment manufacturer
- other vehicles on the road (car accidents as well)
- a broker, other carrier or logistics company
Several parties can be legally responsible for an accident like this. This means the relationships between the parties are crucial in determining who caused the collision. Florida follows comparative negligence under Fla. Stat. § 768.81, where compensation is calculated based on each person’s percentage of responsibility; you lose compensation if the evidence shows you were more than fifty percent (50%) at fault for the collision.
For example, the truck driver may have been partially negligent, and a second vehicle, trucking company, and another motorist may have caused or aggravated the accident along with the plaintiff. Parties will dispute who is more liable. Thus, identifying all potentially liable parties is extremely vital in this sort of trucking accident case.
Florida’s Commercial Insurance Requirements
Truck accident cases could easily run complicated upon various policy coverages; For example, Florida law requires minimum vehicular liability coverage for commercial vehicles to be substantially higher than standard auto policies, especially once a vehicle’s gross weight exceeds 10,000 pounds and no longer qualifies for standard passenger vehicle registration. For commercially regulated motor carriers, federal minimum financial responsibility insurance limits also apply:
| Vehicle/cargo category | Applicable minimum requirement* |
|---|---|
| Florida commercial vehicle, 26,000–34,999 lbs. | $50,000 per occurrence |
| Florida commercial vehicle, 35,000–43,999 lbs. | $100,000 per occurrence |
| Florida commercial vehicle, 44,000+ lbs. | $300,000 per occurrence |
| For-hire interstate property carrier, non-hazardous, GVWR ≥10,001 lbs. | $750,000 BIPD |
| Certain hazardous-material carriers | $1 million or more, depending on cargo |
| Certain explosives/high-risk hazardous-material carriers | Up to $5 million |
Most of these figures are statutory and federal minimum financial responsibility requirements for the categories shown; the exact insurance available in a specific accident depends on the carrier, vehicle, cargo, operation, policy, and applicable federal or state requirements. A truck accident will require examining multiple insurance policies to determine which coverage applies.
Specialized Evidence Unique to Truck Cases
Evidence is the biggest difference between truck and car accident claims. A truck accident investigation might involve:
- Electronic Logging Device (ELD) records
- Data from Event Data Recorder (EDR) or engine control module
- Data from GPS and fleet telematics
- Dash-cam video clips
- Data from drivers’ qualification records
- Record of working hours or service
- Vehicle inspection reports
- Maintenance and repair logs
- Data of shipment loading
- Data of bills of lading.
- Dispatch records.
- Driver training records.
- Data on drivers’ drug and alcohol testing.
- Company safety policy documents
Such full evidence allows investigators to determine whether the driver exceeded the speed limit, was fatigued, had poor or inadequate training, was inattentive, or was driving a preconditioned, malfunctioning vehicle.
For more information on electronic evidence, browse our related article, “Can black box data help my truck accident case?” The black box and electronic data can provide information that is very difficult to establish through eyewitness testimony alone.
Some electronic information can be overwritten or retained only for a limited time. Early preservation of evidence can be especially critical.
Why Truck Cases Take Longer to Resolve
Truck accidents often involve more documents, more parties, more insurance companies, and more laws and technicalities than smaller vehicle accidents, all of which a lawyer must consider and evaluate.
An attorney may need to obtain records
A lawyer might need to obtain the trucking company’s files, identify all the correct insurance coverage in place, determine relevant driver and truck maintenance histories, inspect the truck, preserve data, hire accident reconstruction experts and get technical feedback, determine if the truck’s maintenance, load, or trucking company’s policies played a role, and much more.
Severity of injuries
Serious injuries can also prolong claim settlement. The more significant the injuries, the longer the process to calculate compensation. You may be undergoing active medical treatment, making it premature to know the full extent of future medical care needs, lost wages and working capacity, rehabilitation expenses, and long-term medical issues.
Insurance companies may also conduct extensive investigations
Insurers usually conduct exhaustive investigations when a commercial vehicle has been involved in an accident because multiple sources of coverage apply and very large amounts can be recovered.
These reasons show why settling for a low early offer of what a claim may be worth can be detrimental, because the full scope of evidence and compensation is not yet readily available. A qualified truck accident lawyer in Winter Park can determine the evidence required to prove the factors necessary in presenting and supporting such a claim.