Will I Be Held Liable for My Crash With a Tractor Trailer in Florida?
Were you involved in a crash with a tractor trailer in South Florida? You need to protect your legal rights. Liability can be a big issue in these cases. While Florida is a no-fault state for semi-truck accidents, fault is an issue if any person suffered a serious injury in the wreck. You need to protect yourself from an unfair finding of full or partial liability. Here, our Miami truck accident attorney explains the key things to know about liability for tractor trailer collisions in Florida.
Background: No Fault Law for Truck Accidents in Florida
Florida is a “no-fault” state for auto insurance. That law applies to semi-truck accident cases. It has significant implications for your case. After a truck accident in Miami, each party typically turns to their own insurer to cover basic medical bills and lost income through Personal Injury Protection (PIP) coverage. That is true regardless of who “caused” the accident. However, the no-fault law in Florida has limits. It applies to minor and moderate injuries only and not to property damage.
Why Fault Still Matters (Property Damage and Serious Injury Claims)
A property damage (vehicle repair) claim is still a fault-based claim in Florida. Further, a serious injury in a truck accident is also likely a fault-based claim. Although Florida’s no-fault system governs initial medical benefits, fault becomes a central issue when a victim suffers a serious or permanent injury. Under Florida Statutes § 627.737, an injured person can file a personal injury lawsuit against the at-fault driver (or truck company) if the injuries meet the statutory threshold—such as significant and permanent loss of a bodily function, permanent injury, or significant disfigurement.
Liability is Based on Negligence
In a fault-based truck accident claim in Florida, liability is determined by negligence. A driver, trucking company, or any other party may be found liable if they failed to exercise reasonable care under the circumstances. Some of the most common examples of truck driver and truck company negligence include:
- Speeding;
- Fatigued driving;
- Distracted driving;
- Improper lane changes; and
- Poor vehicle maintenance.
Of course, a trucker or truck company is not automatically responsible for a crash. You could be held liable for part or all of your own accident if your negligence was a contributing factor in causing the truck crash. Truck accident victims need to be prepared to protect themselves from an unfair finding of liability by proving that they did not contribute to their own crash. A thorough investigation of a commercial truck accident in Florida is a must.
Contact Our Florida Commercial Truck Accident Lawyer Today
At Pike & Lustig, LLP, our Miami eighteen wheeler accident attorney fights tirelessly for justice for victims and their family members. If you have any questions about liability for a commercial truck wreck, we are here to help. Contact us today for your free case review. With offices in Miami and West Palm Beach, our firm handles truck accident cases throughout all of South Florida.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0627/Sections/0627.737.html
