What Are the Challenges of Pursuing a Truck Accident Claim in Florida?
Being involved in a truck accident is typically a devastating and overwhelming experience. The sheer size and weight of these vehicles mean that trucking accidents often lead to severe injuries, substantial property damage, and, tragically, loss of life.
If you’re in this position, you may be grappling with physical pain, emotional trauma, and financial burdens all at once. It’s natural to feel uncertain about what to do next. While pursuing a truck accident claim in Florida may seem like the logical step to take, the process can feel intimidating and is often riddled with obstacles. Understanding these challenges is crucial for protecting your rights and your future.
At Reese Legal, we’ve seen firsthand how complicated truck accident claims can be. With over 27 years of legal experience, we’ve helped countless clients in Orlando, Florida, and the surrounding communities, including Windermere, Winter Park, Dr. Phillips, and Bay Hill, pursue fair compensation for their injuries.
Truck accident claims differ significantly from typical car accident cases, and these differences often catch people off guard when they need clarity the most. We are here to guide and support you at every step, from the initial consultation to reaching a resolution. Located just one mile from Universal Studios, our office is accessible for locals and visitors alike, making it easy to seek the help you need during difficult times.
The Challenges of Pursuing a Truck Accident Claim in Florida
Pursuing a truck accident claim in Florida can be a complicated process due to the unique details involved. These cases often entail navigating intricate federal and state regulations, dealing with multiple liable parties, and confronting powerful insurance companies or trucking firms. Therefore, it's important to understand these challenges to help you build a strong claim for pursuing the compensation you deserve for your injuries, damages, and losses.
1. Dealing With Multiple Parties
Unlike a typical car accident involving two drivers, truck accidents often involve several parties who may share liability. The truck driver, the trucking company, the owner of the truck or trailer, the cargo loader, and even the manufacturer of truck components could all play a role.
Florida law allows you to pursue claims against any or all of these parties if their negligence contributed to the accident, but determining who is responsible requires thorough investigation and careful analysis.
Each party, in turn, will likely have its own insurance company and legal team working hard to minimize or deny your claim. Figuring out how to identify liability can feel overwhelming without help, especially when you’re recovering from injuries or grieving the loss of a loved one.
2. Florida’s Comparative Negligence Laws
Florida follows a modified comparative negligence rule (Florida Statutes §768.81), meaning that your compensation for damages could be reduced based on your degree of fault in the accident. For example, if you are found to be 20% at fault, any settlement or judgment you receive could be reduced by that 20%. However, if you are found to be more than 50% at fault for the accident, you cannot recover any damages.
Insurance adjusters and defense attorneys will often attempt to assign as much blame to you as possible to lower the value of or eliminate your compensation. Properly countering these tactics requires you to present clear and convincing evidence of the other party’s negligence.
3. Regulations Governing the Trucking Industry
The trucking industry is heavily regulated by both state and federal laws, including those set forth by the Federal Motor Carrier Safety Administration (FMCSA). These regulations govern everything from rest periods for drivers to maintenance standards for the vehicles themselves.
While these laws are intended to enhance road safety, they also introduce complex details in legal claims. Proving negligence often involves scrutinizing compliance with these regulations, which can be challenging without access to industry records and a thorough understanding of the specific laws in question.
Florida law also requires trucking companies to adhere to specific insurance requirements, which may differ from the policies carried by individual drivers. This added layer underscores the importance of an advocate who can untangle these regulatory issues to help pursue the compensation you deserve.
4. Gathering Evidence to Support Your Claim
Truck accident cases hinge on substantial evidence. However, much of this evidence is in the hands of trucking companies, insurance providers, and other stakeholders. In some cases, important records, such as driver logs, black box data, vehicle maintenance records, and surveillance footage, can be difficult to obtain. Additionally, witnesses who saw the accident will need to be identified and interviewed promptly to build a compelling case, which can sometimes prove challenging.
Trucking companies are required to retain evidence for only a limited time under FMCSA guidelines. After that, they may dispose of documents, logs, or data critical to your claim. Act quickly to preserve this evidence and prevent its destruction.
5. The Impact of Insurance Companies and Adjusters
Insurance companies involved in truck accidents often take an aggressive approach to minimize potential payouts. They may dispute liability, argue the extent of your injuries, or pressure you into accepting a quick, low settlement to avoid a larger payout.
Insurance adjusters are trained negotiators who are instructed to prioritize the company’s bottom line rather than your well-being. Without sound representation, it’s easy to feel pressured into making decisions that don’t serve your best interests. If you have been involved in a truck accident in Florida, contact an experienced personal injury attorney who can advocate for the compensation you need.
How Reese Legal Can Help
For more than 27 years, our attorney at Reese Legal has been helping clients in Orlando and the surrounding areas successfully pursue truck accident claims. Our deep understanding of Florida law and our commitment to our clients have made us a trusted legal resource in this community.
We begin every case with a detailed consultation to assess your situation. Our goal is to uncover all liable parties, preserve critical evidence, and build a claim that supports the full scope of your damages. Whether you’re dealing with an uncooperative insurance company, complicated legal regulations, or mounting financial stress, we are here to help.
Determined Legal Advocate
Pursuing a truck accident claim may feel like a daunting task, but you don’t have to face it alone. Our attorney at Reese Legal strives to serve as a compassionate partner and a determined advocate for clients across Orlando, Windermere, Winter Park, Dr. Phillips, and Bay Hill. We understand what it takes to fight for fair compensation, and we are committed to supporting you throughout this process.
If you or a loved one has been involved in a truck accident, schedule a consultation to discuss your options. Time is of the essence when it comes to preserving evidence and safeguarding your claim. Call us or visit our conveniently located Orlando office today. It’s time to take the first step toward justice.
Disclaimer: This blog is for informational purposes only and does not create an attorney-client relationship. If you need specific legal advice regarding your unique situation, we encourage you to contact us for a consultation.