Transportation and material moving occupations put food on the table for thousands of people living and working in Daytona Beach, according to the U.S. Bureau of Labor Statistics (BLS). That means for many people in Daytona, accidents with large trucks can hit close to home. People living in Florida depend on freight carriers for the timely delivery of most everyday goods.
Due to the massive size of some freight and carrier trucks, getting into an accident with these vehicles can be catastrophic. It is important to know what steps to take after you or a loved one is a victim of a truck accident. Fortunately, the lawyers at Ben Crump Law, PLLC are here to help. Call our offices for a free consultation and request to work with a Daytona Beach truck accident lawyer: (800) 630-9229.
About Truck Driving Accidents in Florida
Truck driving is intended to be a well-vetted process in the state. However, there were almost 900 accidents involving a Commercial Motor Vehicle (CMV) in 2018, according to Florida Highway Safety and Motor Vehicles (FLHSMV). A significant number of the crashes resulted in injuries, and in some cases, death. No matter how much experience a driver has, human error can lead to dangerous situations all the same.
Commercial truck driving can incorporate a variety of large trucks, which are designed to carry different weight loads and perform different functions. The Insurance Information Institute (III) also notes that trucks can be 20 to 30 times bigger than other vehicles on the road, despite sharing most of the same roadways. This may not be an issue during the day, but traffic in the Daytona Beach area can quickly create a hazardous situation.
In order to drive a load-bearing truck larger than 26,001 pounds, drivers in Florida must carry a Commercial Driver’s License. Generally, the requirements for obtaining this special license in Florida requires drivers to first possess a regular driver’s license. In the event of an accident, most commercial truck drivers and employers have some form of commercial insurance to compensate for damages. However, your particular case may vary.
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Factors in Truck Driving Accidents
Commercial truck drivers have a duty of care to others on the road to avoid accidents. However, the Federal Motor Carrier Safety Administration (FMCSA) reports that truck driver error is a leading cause of accidents during critical decision-making moments. common factors that make truck driving accidents more likely can include the following:
- Mechanical Errors: Improper inspection of the truck’s main functions, including brakes, are likely to cause accidents.
- Traffic: When traffic patterns are inconsistent, large trucks are more likely to experience an accident.
- Intoxication or Fatigue: Prescription drugs and over-the-counter drugs are notable factors in truck driving accidents.
- Speeding: Moving quickly with a heavy vehicle can lead to disaster, especially in poor weather conditions.
- Unfamiliar roads: This can be a problem for truck drivers who often need to drive cross-continental routes in new places to transport items.
- Required Stopping: Quick-changing traffic lights and similarly required stops can create dangerous situations for trucks, which need significantly more space to come to a complete halt.
Understanding how and why human error can be a factor in truck accidents is important for determining liability from the moment an accident happens.
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No-Fault Insurance in Florida
Florida is a no-fault insurance state. This rule requires that drivers file through their personal insurance policy when an accident happens. All drivers in Florida must have $10,000 in Personal Injury Protection, and additional coverage for Property Damage Liability.
No-fault insurance can be an issue in the state for a few reasons: If you are underinsured or uninsured, you may not be able to recover the amount necessary to fully recover from the accident. Fortunately, no-fault insurance rules may not prevent accident victims from seeking additional compensation through another liable party’s insurance policy.
In the case of an accident with a commercial vehicle, Florida Statute § 627.7415, sets the limit for drivers with a Commercial Driver’s license at $50,000 for a minimum weight of 35,000 pounds. The amount of minimum required insurance for large trucks increases with the weight limit.
While the damage from an accident with a large truck can be terrible, the minimum insurance requirement should be useful in recovering to the fullest extent. However, a business with a commercial vehicle may have a financial interest in denying fault or liability for your injuries. Victims should contact a Daytona Beach truck accident lawyer as soon as they can do so safely.
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How to Take Legal Action After a Truck Accident
State law requires that all accidents that involve a commercial vehicle be reported to police. When you work with a lawyer on your particular case, the process of filing the required documents and collecting additional evidence can be simple. A lawyer can identify the strongest points of your case, based on facts and understanding of the law.
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Building Your Case
After the initial impact of the accident, you will need to work with a medical team, plus insurance adjusters to document the full extent of your losses. A lawyer can ease the amount of effort required from you individually, since you have already been through so much. Leave it to our team to study, organize, and present a case that recovers an appropriate settlement for your injuries.
Depending on the circumstances of the accident, our lawyers may seek to collect evidence like roadway cameras, dashboard recordings, witnesses, expert testimony, and more.
Ultimately, the goal of the lawyers at Ben Crump Law, PLLC is to help you bounce back as soon as possible. We can simplify the litigation process for you and keep you informed along the way. Call our offices today and request to work with a Daytona Beach truck accident lawyer by dialing (800) 630-9229.
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