Palm Harbor Truck Accident Attorney

Accidents involving commercial trucks often make headlines because of the catastrophic damage they can inflict. Victims in these accidents may be left with extreme pain and suffering due to their injuries, as well as enormous medical bills. In many cases, they do not survive the crash.

The Palm Harbor truck accident lawyers at Zervos & Calta, PLLC are dedicated to ensuring that victims of these accidents do not face the aftermath alone. We have over 50 years of combined legal experience defending the rights of injury victims throughout Florida. Let us fight for you. Call our truck accident attorneys today for a free consultation.

What Are Common Causes of Commercial Truck Accidents?

Thousands of commercial vehicle accidents occur in Florida each year. “Commercial vehicles” include large trucks, buses, any road vehicle weighing over 10,001 pounds, and vehicles required to display a hazardous material placard.

According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), Pinellas County alone saw a three-year average of 1,340 commercial vehicle accidents between 2018-2020. These resulted in an average of 407 injuries and 9 fatalities each year.

Leading causes of commercial truck accidents include:

• Speeding
• Distracted driving
• Drunk driving
• Fatigued driving
• Unsafe turns and lane changes
• Failure to yield the right of way
• Disregarding traffic signs and signals
• Driver inexperience
• Unsafely loaded cargo
• Poor vehicle inspection and maintenance
• Road conditions
• Inclement weather

What Are Some Common Commercial Truck Accident Injuries?

Because of their enormous size, accidents involving large commercial trucks are some of the most dangerous on the road. The average 18-wheeler weighs about 35,000 pounds when empty and can weigh as much as 80,000 pounds when loaded. By contrast, everyday passenger vehicles normally weigh anywhere between 2,500 and 5,000 pounds.

The numbers speak for themselves. When these two types of vehicles collide, the results can be devastating for passengers in the smaller of the two. The risk increases when the collision occurs at highway speeds.

Common injuries sustained by victims in these accidents include:

• Broken and fractured bones
• Internal bleeding and organ damage
• Burns and abrasions
• Neck and back injuries
• Facial and dental injuries
• Spinal cord injuries, including paralysis
• Traumatic brain injuries (TBIs)
• Lost limbs and permanent disfigurement
• Cuts and puncture wounds
• Sprains, strains, and bruises
• Wrongful death

Who Can Be Held Liable for a Truck Accident?

Cargo shipped between cities and states passes through many hands before arriving at its destination. Accordingly, commercial truck accident cases are characterized by the long list of parties that may ultimately be held liable for one accident. These parties include the:

• Truck driver – Of course, when a truck driver causes accidents by operating their vehicle recklessly or negligently, they may be directly liable for resulting injuries.
• Trucking company – If the truck driver is employed by a trucking company, the company may be held liable for injuries caused by the driver while operating within the course and scope of their employment. The company may also be held directly liable for things like negligent hiring, supervision, and truck maintenance.
• Truck owner – If the truck driver and company do not own the truck, its owner may be held liable for accidents when truck defects or poor maintenance caused the crash.
• Cargo or freight company – Many truck accidents are caused by improperly loaded cargo. In these cases, the party responsible for safely securing the cargo — normally a cargo or freight company — may be held liable for accidents.
• Mechanics and inspectors – Commercial trucks must be regularly inspected and maintained. The party responsible for these tasks may be held liable if their poor workmanship causes an accident.
• Manufacturer – Some accidents are caused by design or manufacturing defects in the truck itself. In these cases, the manufacturer may be held liable for products liability.

Are Truck Drivers Required to Carry Higher Levels of Liability Insurance?

Yes. In Florida, most drivers are only required to carry a minimum of $10,000 in Personal Injury Protection (PIP) and $10,000 in Property Damage Liability (PDL) auto insurance. However, because commercial trucks pose a much greater danger to other drivers on the road, state and federal law impose much higher liability insurance requirements on their operators.

Specifically, Florida law requires that commercial vehicle operators carry minimum insurance based on the weight of their vehicle. In addition to any other insurance requirements, they must carry the following minimum levels of combined bodily liability and property damage liability insurance:

• Over 26,000 pounds but less than 35,000 pounds – $50,000 per accident
• Over 35,000 pounds but less than 44,000 pounds – $100,000 per accident
• Over 44,000 pounds – $300,000 per accident

Further, truck drivers operating in interstate commerce must comply with even higher federal minimum insurance requirements. They are as follows:

• Trucks carrying nonhazardous cargo – $750,000
• Trucks carrying hazardous substances in bulk cargo tanks, portable tanks, or hopper-type vehicles – $5 million
• Trucks carrying oil, hazardous waste, and other hazardous substances – $1-5 million, depending on their cargo

What Compensation Can Be Recovered for a Truck Accident Claim?

The types of compensation available for losses sustained in a truck accident claim are the same as in any other auto accident. The difference is normally in quantity, not in kind. Because truck accidents often lead to more severe injuries than other auto accidents, victims may recover more compensation.

An experienced personal injury attorney can help you recover compensation for:

• Medical and rehabilitation expenses
• Lost wages from missed work
• Lowered future earning capacity
• Physical pain and suffering
• Psychological distress and trauma
• Reduced quality and enjoyment of life
• Loss of consortium
• Funeral and burial expenses
• Wrongful death
• Property damage

Is There a Time Limit for Filing a Truck Accident Injury Claim in Florida?

Yes. The deadline is set by a law known as the statute of limitations. In Florida, victims of truck accidents normally have two years from the date of the collision to file a lawsuit seeking compensation for their injuries. In almost all cases, failure to comply with this deadline will result in your case being dismissed in court.

If this happens, you will lose your avenue to compensation through the court system, as well as your leverage when negotiating an out-of-court settlement with the at-fault party and their insurers. Therefore, it is very important that you bring your case to an experienced truck accident attorney in Palm Harbor as soon as possible after the accident. This will give your truck accident lawyer plenty of time to build a solid foundation for your case and ensure that the filing deadline is not missed.