If you or a family member have suffered because of the negligence of another driver, then they could be held liable to pay for property damage, medical bills, and any other costs that occurred as a result of your accident. Truck accidents can be physically, mentally, and financially damaging, so it is important that you get the financial compensation you deserve following such a traumatic collision. Troubling statistics from the Florida Department of Highway Safety and Motor Vehicles showed that in 2017 alone, nearly 32,000 accidents involving a large truck occurred on the roads of Florida, of which 27 people died and 1,053 suffered other injuries. It can be overwhelming having to deal with the fallout of a truck accident and trying to seek justice all by yourself. A truck accident lawyer can work to protect your rights and will fight tirelessly to get you the insurance settlement you deserve.
If you or a loved one have been involved in a trucking accident, then contact The Law Place today! Here at The Law Place, our team of dedicated attorneys possesses 75 years of combined experience, and many are AVVO 10.0 rated, so you can be confident your case will be handled with the utmost professionalism. If you wish to sue someone personally after a truck accident, contact us today at (941) 444-4444. Phone lines are open 24/7.
Can Someone Sue You Personally After a Truck Accident?
To put it simply, yes. You can sue an individual personally for damages following a truck accident. Even though Florida operates using a strict, no-fault insurance system, you will still be able to pursue specific damages against an individual if your injuries are considered severe enough to qualify for additional compensation.
If you are being sued personally following a car accident or wish to sue somebody, then contact The Law Place today to receive unbiased legal advice in a free case evaluation.
For a free legal consultation, call 941-444-4444
Can You Sue an Individual After Settling With Their Insurance?
In most cases, once you have settled with the necessary insurance company, this will close the case. A settlement is designed to wrap truck accident cases up, which means, in most cases, you will not be able to seek further compensation after you have settled with an insurance provider. However, a personal injury lawyer will tell you that there are always some exceptions to this rule.
When an insurance company settles a case, they essentially agree to pay an amount of money to wrap up the case. The agreement will include language that prevents the victim from requesting more money. Once you have signed a waiver to release the cash settlement, this will prevent you from making further claims. You’ll only be able to file a second lawsuit if you can prove you agreed to the settlement because of fraud or coercion.
How Much Money Can You Get From a Semi-Truck Accident?
It is difficult to determine an average truck accident settlement as the fallout of truck accidents can vary so heavily. How much money you can receive will depend on multiple factors, including the degree of property damage, pain and suffering, any lost wages, and how bad your injuries were.
The Federal Motor Carrier Safety Administration (FMCSA) requires a truck driver and/or the trucking company to have certain minimum coverage depending on their truck type:
- Non-hazardous goods moved in vehicles below 10,001 pounds – $300,000.
- Non-hazardous goods moved in vehicles above 10,001 pounds – $750,000.
- Oil moved by private carriers – $1,000,000.
- Hazardous materials moved by private carriers – $5,000,000.
These are the minimum requirements, but most trucking companies will require a minimum liability insurance amount of $1,000,000, regardless of the materials being carried.
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Who Can Be Sued Following a Truck Accident in Florida?
In order for you to receive any financial compensation following an accident, your personal injury lawyer must be able to prove which parties can be held liable for the collision. Potential parties include:
- Truck driver – If your accident was caused because of truck driver error, then they will most likely be considered at fault. Examples of truck driver faults consist of but are not limited to distracted driving, drunk driving, speeding, etc. Every truck driver owes a duty of care to others on the road. This means they have a legal obligation to behave as a reasonable person would in order to ensure that others around them remain safe. If this duty is breached, then you may be able to sue the truck driver.
- Trucking company – A trucking company can be held liable for an accident either directly (e.g., hiring an unqualified truck driver) or through vicarious liability. The FMCSA makes it clear that a trucking company can be held liable for any collision involving one of their truck drivers or trucks, regardless of employment or ownership status. A trucking company is more likely to have experienced lawyers working for them, so it is always best to have a lawyer of your own if you wish to file a lawsuit against trucking companies.
- Maintenance team – If the mechanics employed by the trucking company to work on the vehicle make any crucial errors whilst inspecting or repairing the truck and this mistake then lead to an accident, then the maintenance team could be found to be liable.
- Government entity – The State of Florida or its smaller government entities could be found liable for the accident in a case where the accident was caused by something under government jurisdiction. Examples of this include poorly maintained roads, bad road design, or missing, necessary road signs.
If you have been involved in an accident and want to seek compensation against the liable party, then contact The Law Place today. Call us to organize a free consultation and learn how our team of dedicated injury attorneys may be able to help your case.
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What Damages Are Available Following a Truck Accident?
If you sue someone for a collision, the involved insurance companies could owe you a range of different damages. These include:
- Medical expenses.
- Pain and suffering
- Wrongful death.
- Lost wages.
- Property damage.
Contact us today to organize a free consultation where we can evaluate your case and help determine what kind of damages you may be able to sue for after your accident.
How Will Comparative Negligence Laws Affect My Truck Accident Case?
The State of Florida operates using comparative negligence laws. This means it considers the element of fault to be an essential aspect of every truck accident case. The courts will determine liability and award compensation by using the rules of comparative negligence. In many cases, the judge will reduce the amount of compensation you are awarded based on the percentage of fault that was found to be your own negligence.
For example, if your truck accident was caused by the truck driver’s drunk driving, but you were also speeding, then the judge assessing your case may deduct your compensation amount by up to 10%. This is because of the fact drunk driving is considered to be a much more serious traffic violation than driving over the speed limit by up to ten miles per hour.
A detailed investigation will be undertaken, and you will receive a suitable compensation amount as per the comparative negligence laws in Florida. Contact The Law Place today if you wish to sue someone personally after a truck accident but are unsure of the legalities surrounding comparative negligence. Our lawyers can offer a free case review and answer any questions you may have.
Contact a Truck Accident Lawyer at The Law Place Today!
If you or a loved one have been involved in a truck accident that was not your fault and you wish to sue someone personally, contact The Law Place today! Going up against an insurance company can be daunting, so it is best to have an experienced accident attorney on your side to fight your case. Truck accidents can be life-changing, but having an attorney will greatly increase your chances of receiving a fair settlement amount.
Call us today at (941) 444-4444 to organize a free case evaluation with a personal injury lawyer on our team. Phone lines are open 24 hours a day 7 days a week, for your convenience.
Call or text 941-444-4444 or complete a Free Case Evaluation form