
Trucks dominate Florida’s roads, highways, and expressways transporting and delivering items across Florida, so it’s very likely that whilst driving in Clearwater, you will have to pass a truck, or a truck will have to pass you. Truck drivers are obliged to follow stricter rules when driving than the average driver, and most truck drivers will follow these rules and drive safely to avoid causing accidents. However, this is not always the case. Truck drivers are often on tight deadlines and drive for long hours at a time, so sometimes can make bad decisions when driving or forget to signal as they are in a hurry and this can cause car accidents.
Trucks are by nature, large and heavy vehicles, and they often carry heavy loads too, which means a car accident with a truck can cause severe injuries. It only takes one badly judged maneuver by a truck driver to leave a person with a life-changing injury. A car accident that commonly involves a truck is usually the result of a truck driver being reckless and changing lanes in an unsafe manner.
If you or a loved one has been the victim of a car accident in Clearwater which was the result of a truck changing lanes unsafely, you may be eligible to receive compensation for the injuries and damages sustained. The Law Place has over 75 years of combined experience and has a Clearwater truck accident lawyer to help you. We have dealt with cases similar to yours before, and you can ensure that at our law firm, you will be in the most capable hands in Florida. Our practice areas cover Clearwater as well as Tampa, FL, St Petersburg, and the rest of Florida.
Contact us today on (941) 444-4444 to schedule a free consultation and talk to one of our injury lawyers. We are available to you 24 hours a day, seven days a week.
What Is Improper Passing?
Passing another driver on the road is almost a given when driving in Clearwater. However, there is a duty of care for all drivers to follow to ensure that the passing maneuver is completed safely and does not cause an auto accident. For a truck to safely pass another vehicle on the road, they are supposed to use their blinker to make a signal, check all of their blind spots, check their mirrors, and make sure that the lane is clear and that there is enough room and time to safely pass another vehicle. If a truck driver fails to do any of these things, they risk causing an accident and can be held liable for their negligence.
The main types of unsafe passing are as stated below:
- Passing on the right – Usually, it is illegal to make a pass on a vehicle on the right. There is an exception to this; however, when the vehicle a driver is trying to pass is turning left on the road with two lanes with enough room to make the pass safely.
- A blind pass – It is both unsafe and illegal to overtake a vehicle where the vehicle making the pass would have to intrude into the oncoming traffic lane when there is a blind spot, and the driver is unable to see the oncoming traffic approaching in the other direction. An example would be a driver attempting to make a pass on a bendy road or approaching the top of a hill without a clear view of the oncoming traffic heading in the other direction.
- A pass endangering others – Most road users will know what it is like to be ‘Cut Off’ whilst driving in Florida. If a truck driver does this, it is classed as an unsafe maneuver, and they can be cited by an officer if caught. Any driver who disrupts the safe passage of another vehicle on the road is illegal.
Regardless of the truck accident, if you or someone you know has suffered an injury as a result of a truck driver unsafely making a pass on your vehicle, you may be entitled to some compensation as accident victims. At The Law Place, our accident attorneys are here to help you and win you the justice that you deserve. Contact our us today in Clearwater, FL, for a free consultation with an accident lawyer.
What to Do After a Improper Passing Truck Accident in Clearwater
If you remain at the scene after a truck accident caused by a truck unsafely making a pass on your vehicle, the utmost important thing to do is not to panic. The phone lines at The Law Place are open 24 hours a day, so you can trust us to give you some free advice at a critical time.
After the truck accident, you may instinctively feel the need to drive away or leave the scene, especially if the accident occurred on a busy expressway. If the truck driver leaves the scene, your case could be classed as a hit-and-run, which is a major offense. Try and get yourself far away from any oncoming traffic and somewhere safe whilst waiting for the police to come. It is vital to get a police report as trucking companies will often quickly attempt to make a case against you, so a police report can help quash this.
Make sure that you check on all of your passengers and anyone else involved in the incident and do not hesitate to call an ambulance if anyone has suffered an injury. Florida Statute 316.062 also requires that the police is called to the scene of an accident.
If possible, take as many photographs and videos of the wreck as possible. Using your phone to capture the state of all vehicles involved, debris, road conditions, and skid marks, for example, can all be used to strengthen your claim as evidence by a Clearwater personal injury lawyer. But please never put yourself in danger to capture this footage.
It would be a wise idea to gather the contact details of any people who were witness to the truck accident as their evidence can help an accident lawyer to fight your case in Clearwater. However, we advise that you refrain from publishing about your accident on social media as any statements you make can be held against you if you decide to claim compensation.
The Law Place has a wealth of experience in dealing with insurance companies after a truck accident, and our accident attorneys will be able to advise you if you require it after a truck accident. Never hesitate to contact an accident attorney at our law firm to get advice following a truck accident.
Typical Injuries Caused in a Clearwater Improper Passing Truck Accident
An accident involving a truck is often the most severe type of accident to happen on the road due to their large size.
A truck is an incredibly large vehicle that can weigh around 80,000 pounds. This is colossal when considering that a car may only weigh 4,000 pounds. Therefore, when one of these trucks passes a vehicle in an unsafe manner, the damage caused can be catastrophic.
In the worst-case scenario, a victim of a truck accident may, unfortunately, lose their life. If this is the case, you are entitled to claim compensation for wrongful death.
Some of the injuries that may have been sustained include broken bones, lacerations, neck and back injuries, paralysis, spinal cord injuries, and potentially traumatic brain damage.
These injuries can leave victims with life-long trauma, and it is not fair that a truck driver could have potentially caused these injuries because of their recklessness. Regardless of the injuries, if you have suffered as a result of a truck passing a vehicle unsafely in Clearwater, you are entitled to compensation. You can contact one of The Law Place personal injury attorneys today to schedule a free consultation and seek advice if you need help.
Compensation for Accident Victims in Clearwater
If you or someone you know has been the innocent victim of a truck accident as a result of a truck driver’s recklessness in trying to pass a vehicle on the road, you may have suffered serious injuries. Consequently, this could mean that you have been left to endure an immense amount of financial losses. The personal injury that you sustained could be debilitating and life-altering. Not only would you be left to face the initial hefty medical bills to treat your injuries, but you may also incur other financial losses.
For example, you may need to take time off work as a direct result of the truck accident or be unable to return to employment, leaving you without a financial income. Once one of the personal injury lawyers at The Law Place establishes who the negligent party is in your case, they will then work to investigate all of the financial losses you will have incurred as a consequence and ensure that you receive the maximum amount of compensation possible. Our attorneys frequently get compensation for our clients to cover the following:
- Medical expenses.
- Lost wages.
- Pain and suffering.
- Loss of future employment.
- Disability or permanent damage.
- Future medical bills.
- Wrongful death.
Whatever the amount of compensation you get for the damages caused to you, it will never take away the trauma or pain suffered. It won’t be able to restore the quality of life you experienced before the truck accident. The Law Place, however, can work to ensure that your suffering wasn’t in vain. Our Clearwater truck accident lawyers will work to hold these truck drivers and trucking companies to account and get you the justice that you deserve. It is not fair that innocent victims like you should have to suffer because of another person’s recklessness on the road. Contact The Law Place today to speak to an attorney who can look at your accident case; it’s the first step in winning the compensation you deserve.
How The Law Place Can Prove Your Case in Clearwater
Our lawyers at The Law Place have dealt with truck accident cases similar to yours before. It is crucial that you seek the legal advice of an experienced attorney because any wrong move you make can be used against you by insurance companies in their attempts to devalue your case. An accident lawyer will immediately begin to investigate your case, and some of the ways that they will gather evidence to make your claim include:
- Gathering together any photographs or videos taken of the scene, as well as the police report.
- Your accident lawyer will work to contact as many witnesses as possible and document their statements.
- Your lawyer will also gather statements from both you and your family to determine that the accident left you with an injury that deeply affected your life. They will do all they can to ensure that you get compensated for the pain and suffering caused.
- An attorney will approach the truck company to seek records such as the truck driver’s logbook to investigate whether violations of the law and driver fatigue contributed to the driver making an unsafe pass and caused the accident.
- Your lawyer will try and retrieve the black box from the truck involved, as that may include vital evidence in the form of data showing how the truck was being driven.
It is important that you seek legal advice quickly after your accident; however, as the longer it takes to claim compensation, the weaker your claim can be. This is because the evidence required to form your case eventually becomes less credible. For example, witnesses’ memory can fade, and cameras on the road that may have caught the accident may have been wiped. Call us today at The Law Place to schedule a free case evaluation to ensure that you can win the most amount of compensation possible.
Clearwater Improper Passing Truck Accident Lawyer
Meet the Team
David Haenel leads our Clearwater improper-passing litigation group and studies every Federal Motor Carrier Safety rule on overtaking clearances and mirror checks. Darren Finebloom turns side-camera video, steering-angle data, and blind-spot diagrams into simple stories jurors understand. AnneMarie Rizzo teams with reconstruction engineers to laser-scan skid marks and trailer-sweep paths before rain or traffic erases evidence. Paralegals Rose and Tracy open claims the same day you call, schedule orthopaedic or neurology visits, and text nightly updates so no client wonders what happens next.
Reviews & Testimonials
“A tractor-trailer crossed the double yellow to pass slow traffic on US 19 and clipped my SUV. David uncovered three insurance layers and settled for the full limits.”
“They treated my multiple-fracture case like family. Darren proved the driver cut back too early and the company paid every medical bill.”
“After a dump truck passed in a blind curve near the Bayside Bridge, they guided me through surgery, therapy, and wage-loss paperwork until everything was covered.”
Case Studies
Double-Yellow Pass on US 19
A dump truck crossed a solid line for two hundred feet and struck an oncoming sedan. Dash-cam footage plus laser-scanned skid marks proved the illegal maneuver. Settlement reached for $915,000, and the contractor retrained every driver on rural-road passing rules.
Early Cut-In on the Howard Frankland Bridge
A semi merged back into the right lane before clearing a car, shearing its bumper. Event-data recorder logs showed only two seconds of passing clearance. Recovery of $785,000 funded shoulder-repair surgery and forced the carrier to install blind-spot radar.
Late-Night Overtake near Clearwater Beach
A box truck passed bicycles without the three-foot buffer and sideswiped two riders. Helmet-cam video captured the close pass. We secured $740,000, and the fleet added side-guard panels and driver training on cyclist safety.
Comprehensive FAQ
What is improper passing under Florida law
Florida Statute 316.083 and 316.085 require drivers to pass on the left, provide safe clearance, and return only after fully clearing the overtaken vehicle. Crossing a solid yellow line, cutting back too early, or passing on the right in normal conditions violates these statutes.
Why are improper-passing crashes with large trucks so dangerous
Eighteen-wheelers need more than two hundred feet to pass safely. Their trailers swing as they merge back, sweeping smaller vehicles or cyclists. The weight difference multiplies crash energy, causing underride injuries, roof crush, and fatal ejections even at moderate highway speeds.
Where do improper-passing truck crashes often occur in Clearwater
US 19’s rural segments, the Courtney Campbell Causeway, and the Howard Frankland Bridge see frequent truck passes due to long straightaways and congestion. Tourist traffic near Clearwater Beach causes impatient drivers to cross solid lines on narrow two-lane roads.
Who can be liable beyond the driver
The motor carrier shares fault for poor training or unrealistic delivery schedules. Brokers may be liable for tight pickup windows that encourage risky passes. Trailer manufacturers can share blame if mirror placement hides blind spots. Government entities face exposure when faded lane markings or missing no-passing signs contribute.
How do attorneys prove an improper pass
Lawyers combine dash-cam frames, traffic-camera clips, event-data recorder steering inputs, and lane-mark laser scans. Reconstruction engineers model trailer swing and point of encroachment. GPS speed and distance data show that the truck returned to the lane before adequate clearance.
How quickly must evidence be preserved
Side-camera loops overwrite in forty-eight hours and event-data recorders rewrite after forty engine hours. Traffic-camera servers keep video seven days. Preservation letters within forty-eight hours lock electronic files, CCTV clips, and dispatcher texts before deletion.
Can cellphone records help prove liability
Yes. Time-stamped calls, texts, or app use show whether the driver was distracted during the pass. Matching those logs to dash-cam timecodes strengthens negligence claims.
What damages can victims recover
Florida law allows payment for medical bills, future care, lost wages, diminished earning power, property loss, pain, suffering, and emotional distress. Catastrophic injuries justify life-care plans that cover attendant care, adaptive vehicles, and home modifications. Families of deceased victims may claim funeral costs and future financial support.
How does modified comparative negligence affect recovery
You may recover damages if your fault is below fifty percent. Carriers often argue you sped up or rode in a blind spot. Gap analysis, reaction-time studies, and lane-position modeling usually keep victim fault low, preserving full compensation.
Are punitive damages possible
Courts may award punitive damages when drivers pass on blind curves, text while overtaking, or ignore repeated warnings about unsafe passing. Clear proof of reckless disregard raises settlement value and pressures carriers to change training policies.
What injuries are common in improper-passing crashes
Sideswipes and head-ons cause cervical fractures, traumatic brain injuries, internal organ lacerations, and complex limb fractures. Prompt imaging and specialist care create objective records that support high-value settlements.
What immediate steps should I take after an improper-passing crash
Call 911 and accept medical care. Photograph lane markings, tire tracks across the centerline, debris, and trailer-sweep damage. Collect witness contacts and save dash-cam footage. Contact a truck-accident lawyer quickly so subpoenas issue before video disappears.
Will health insurance pay my bills while the case is open
Health insurers usually pay first, then place liens on any settlement. Your lawyer negotiates lien reductions so you keep more net funds. Personal Injury Protection covers up to $10,000 regardless of fault, and many carriers offer medical-payments coverage that offsets deductibles.
How long does an improper-passing truck case take
Clear-liability crashes with completed treatment often settle in eight to ten months. Disputed merges, severe injuries, or multiple excess policies can stretch litigation to fifteen or eighteen months. Trial calendars usually push carriers toward serious offers before jury selection.
What expert witnesses strengthen these claims
Accident-reconstruction engineers calculate lateral movement, clearance gaps, and speed. Human-factors experts explain mirror scanning and decision-making errors. Biomechanical professionals link crash forces to claimed injuries. Economists project lifetime wage loss, and life-care planners price future medical needs.
Do traffic citations guarantee civil liability
A citation is persuasive but not conclusive. Civil juries evaluate all evidence. Even if charges are dropped, black-box steering data and lane-scan models often prove negligence.
Can cyclists and pedestrians recover after unsafe passes
Yes. Florida’s three-foot buffer law protects cyclists, and passing within that distance violates right-of-way statutes. Helmet-cam footage and bike GPS logs help prove the encroachment. Pedestrians struck by trailer sweep enjoy the same compensation rights as vehicle occupants.
Does filing a claim raise my auto-insurance premium
Using the at-fault carrier’s liability coverage usually does not change your rates. Your insurer adjusts premiums only if you claim collision benefits or are found mainly at fault. A successful liability recovery that reimburses your carrier helps keep premiums stable.
How much does it cost to hire your firm
Representation is contingency based. No attorney fee is due unless we recover money. Standard fees are one-third before litigation and forty percent if a lawsuit is filed. All costs, including expert fees and drone mapping, are advanced by the firm and reimbursed only from a successful settlement or verdict.
Why choose a Clearwater lawyer for an improper-passing truck crash
Local counsel knows Pinellas County judges, jury preferences, and traffic-camera grids. Quick access to bridges and rural US 19 segments lets us scan skid marks and scraped centerlines before storms wash them away. Familiar relationships with Tampa orthopaedic and trauma specialists streamline treatment and expert referrals, speeding both recovery and case progress.
What should I bring to the first meeting
Bring the crash report, photos, medical records, hospital bills, insurance cards, repair estimates, pay stubs, and any dash-cam or CCTV footage. Complete documentation lets our team send preservation letters immediately and start building a compelling claim.
Talk to a Personal Injury Lawyer in Clearwater, FL
Contact The Law Place today in Clearwater to speak to one of our experienced accident lawyers about your case. Our practice areas cover the whole of Florida, including St Petersburg and Tampa, FL. If you or someone you loved has suffered as a direct result of an accident caused by a truck unsafely making a pass on a vehicle, you have the right to claim compensation. Sadly, by the nature of trucks being incredibly large vehicles, when they are involved in an accident, the damage caused is often catastrophic and could leave a person with a life-changing, debilitating injury.
You may want to seek the advice or legal representation of one of our lawyers at The Law Place. With over 75 years of combined experience, you can trust that your case will be handled by the best attorneys in Florida. We have the legal expertise to ensure that you will win both the compensation and justice of which you are entitled to. The legal process may seem complex at the moment, but our accident lawyers at The Law Place can guide you through everything you need to know to make a claim. Your claim is important to us, so call us today on (941) 444-4444 to schedule a free consultation.