Commercial Truck Accident Lawyer

Due to the tremendous force involved in a truck crash, injuries are often severe, long-term, or permanent. Truck accidents are uniquely destructive, and the injuries they cause can have lasting consequences for victims and their families.

Understanding the severity of these injuries underscores the importance of seeking experienced legal representation to help victims secure the compensation and support they need to rebuild their lives.

Some of the most common injuries we help clients recover compensation for include:

• Traumatic Brain Injuries (TBIs) – Head trauma can result in an injury to the brain, which can be life-threatening or altering.  Brain injuries can occur even in the absence of direct trauma to the head as a result of whiplash, rapid acceleration, or deceleration.  These types of injuries may not be immediately apparent. 

• Spinal Cord Damage and Paralysis – Injuries to the spinal cord can be especially devastating and result in paralysis.  The damage isn’t always readily apparent, which is why victims should always seek medical attention as soon as possible following a truck crash. 

• Internal Bleeding – These types of injuries are extremely dangerous because they are not visible to the eye, so victims are often unaware of them.  But they can be life-threatening.   

• Broken Bones and Fractures – Any bone in the body can be broken in a violent truck crash. Spinal and neck injuries are typically the most serious. 

• Severe Back and Neck Injuries –these can include minor neck pain or more serious injuries such as dislocated discs in the spine.

• Concussions – effects are usually temporary, but most victims don’t realize they’ve suffered a concussion until examined by a medical professional.  A concussion can become serious if not treated.

• Lacerations and Scarring – cuts and lacerations from truck crashes are often especially painful and frequently leave massive scars that may never fully heal or entirely go away. 

• Loss of Limbs or Amputations – Severe truck accidents can result in traumatic injuries that lead to the loss of limbs, requiring lifelong medical care, prosthetics, and major lifestyle adjustments.

• Emotional Trauma and PTSD – Survivors of truck accidents often suffer from emotional distress or post-traumatic stress disorder (PTSD), which can impact daily life, relationships, and mental well-being long after physical injuries have healed.

Prompt medical attention is crucial, even if you feel fine. Some injuries, especially internal or neurological, may not present symptoms right away but can become life-threatening.

In general, traffic accidents can occur at any time and anywhere.  They are caused by a wide variety of factors, including distracted driving, drunk or impaired driving, speeding, reckless driving, failure to yield right-of-way, improper lane changes, following too closely, road rage, tire blowouts, weather conditions, and motor vehicle design defects.  

The trucking company and its truck drivers must adhere to strict safety regulations. Yet, truck accidents still occur. The most common causes of truck accidents include:

• Driver Error – fatigue, distracted driving, or reckless behavior while operating a large vehicle.

• Improperly Maintained Equipment – worn-out brakes, tire failures, and steering issues.

• Defective Truck Parts – when a truck manufacturer designs or produces faulty components.

• Improperly Loaded Cargo – unsecured or unbalanced loads increase the risk of tipping or spilling.

• Negligent Hiring or Training by Trucking Companies – companies that fail to vet or train truck drivers appropriately.

• Negligent Truck Driver behavior – including speeding, failing to yield, or violating hours-of-service regulations.

Establishing liability in a truck accident lawsuit requires a thorough investigation and understanding of federal trucking regulations (FMCSA). Our board-certified truck accident attorneys are equipped to handle these technical and legal complexities.

Commercial truck accidents often happen because at least one party acted negligently. For an injured victim to recover compensation, they must prove that another party is legally responsible for their injuries. Establishing legal liability can be complicated. Generally, the victim needs to demonstrate:

1. The other party had a duty to act with reasonable care toward the victim.

2. That duty was breached, and

3. The breach directly caused the victim’s injuries.

Insurance companies often go to great lengths to avoid liability. They may deny responsibility entirely, try to shift blame onto the victim (see discussion on Comparative Negligence), or downplay the severity of the injuries. To achieve this, they rely on a team of adjusters, attorneys, medical professionals, and technical experts to minimize payouts.

Facing such challenges alone makes it incredibly difficult for accident victims to secure full and fair compensation. However, having a board-certified trial lawyer with experience with commercial truck accidents on your side can level the playing field and significantly increase your chances of receiving fair and complete compensation.

To obtain compensation, you must prove that another party’s negligence directly caused your injuries. This often means demonstrating that:

• The truck driver or trucking company owed you a duty of care;

• That duty was breached; and

• The breach caused your injuries and damages.

But the trucking company, insurance companies, and defense teams don’t give up easily. They may deny fault, shift blame, or downplay the severity of your injuries.

That’s why it’s essential to have a legal team with the experience and trial credentials to push back hard—and win. Contact us at 561-810-3675 for a free review for truck accident injury case.

Florida operates under the legal principle of modified comparative negligence, which incorporates a 51% bar rule, as outlined in F.S. § 768.81. This system is designed to allocate fault and determine damages in personal injury cases.

Interestingly, Florida law refers to this concept as “comparative fault” rather than the more widely recognized term “comparative negligence.”

In this framework, fault is assessed and distributed among all parties involved, including the plaintiff and defendants. The amount of compensation a plaintiff can recover is directly influenced by their degree of fault in causing the accident that led to their injuries.

Specifically, the plaintiff’s recovery is reduced by their assigned percentage of fault. The 51% bar rule plays a critical role here: if the plaintiff is found to be 51% or more at fault, they are entirely barred from recovering any damages. To be eligible for compensation, a plaintiff must be 50% or less at fault for the accident.

For instance, consider a scenario where a plaintiff is deemed 50% at fault, and the total damages awarded are $100,000. In this case, the plaintiff would receive $50,000, as their 50% share of fault ($50,000) is deducted from the total award.

However, if the plaintiff is found to be 51% at fault, they would be ineligible to recover any damages due to Florida’s 51% bar rule. In summary, a plaintiff can recover damages if they are 50% or less at fault, but recovery is completely barred if they are 51% or more at fault.

In cases where reckless behavior leads to property damage or personal injury, the damage awards are potentially significantly higher compared to those involving ordinary negligence. These cases are typically referred to as “enhanced value” cases.

When it comes to commercial truck accidents, they can fall under a legal principle known as “aggravated negligence,” which frequently results in much larger compensation amounts for victims than accidents caused by simple negligence.

Most traffic accidents occur due to negligence by at least one party involved. For instance, if a driver rear-ends another vehicle because they were following too closely, their negligence is the clear cause of the crash.

However, this behavior doesn’t typically demonstrate a blatant or reckless disregard for the safety of others. Instead, it’s considered ordinary negligence—a momentary lapse in judgment or attention.

On the other hand, consider a scenario where a truck driver is speeding 20+ mph over the limit and driving very aggressively through traffic before causing a severe crash. In such cases, the truck driver’s actions would likely be deemed reckless.

This level of negligence is often classified as “aggravated,” meaning the resulting damage award or settlement for the victims is likely to be far greater than if the truck driver had only been guilty of ordinary negligence.

Basically, cases involving aggravated negligence typically lead to substantial compensation for victims. Our team of experienced, board-certified trial lawyers has successfully represented clients in aggravated negligence cases for decades.

We possess the knowledge and expertise necessary to effectively handle your claim and ensure you receive the compensation you deserve. If you’ve been affected by such an incident, we’re here to provide the skilled legal support you need.

The damages and settlement amounts awarded in commercial truck accident cases vary widely based on the unique facts and circumstances of each situation. Several factors can affect the value of an injury claim, meaning the compensation someone else received or the figures advertised by law firms won’t necessarily reflect the value of your specific case.

That’s why it’s essential to work with a skilled attorney who has experience handling commercial truck accident cases. They can offer a fact-based, expert assessment of your claim’s potential value while protecting your legal rights.

Failing to obtain an objective and reasonable valuation from an experienced lawyer could lead to two unfavorable outcomes: (1) accepting a settlement that’s significantly lower than your claim’s worth or (2) waiting for an offer that exceeds the realistic value of your case.

In both scenarios, you may not receive the full and fair compensation you deserve for your injuries, property damage, expenses, and lost wages.