Accidents Involving Commercial Vehicles: Unique Challenges in Florida

Florida is a bustling hub for commercial transportation, with its highways carrying thousands of trucks daily, supporting industries like retail, agriculture, and manufacturing. While these vehicles are critical to Florida’s economy, their presence on the roads also increases the risk of serious accidents. Due to the size and weight of commercial vehicles, collisions can result in severe property damage, catastrophic injuries, and even fatalities.

This comprehensive guide will explore the root causes of commercial vehicle accidents in Florida, the laws governing them, how liability is determined, and the steps you should take if you’re involved in such an incident. Whether you’re a victim, a driver, or simply a concerned Florida resident, this resource offers everything you need to understand the complexities of these cases.

Accidents Involving Commercial Vehicles: Unique Challenges in Florida

Common Causes of Commercial Vehicle Accidents in Florida

Commercial vehicle accidents can occur for numerous reasons. Often, these causes involve a combination of human error, vehicle issues, and environmental factors. Understanding these can help drivers and trucking companies mitigate risks.

1. Driver Fatigue: The Hidden Danger

Long hours on the road are a common part of a truck driver’s job. Despite federal regulations limiting drivers to 11 hours of driving per day, tight deadlines and pressure to deliver on time can lead to violations of these rules. Fatigue not only affects reaction time but also impairs judgment, making it one of the leading causes of commercial vehicle accidents in Florida.

Real-World Example:
A truck driver traveling overnight to meet a delivery deadline falls asleep at the wheel, causing a multi-vehicle collision on I-95. Investigators discover the driver exceeded the legal hours-of-service limit, highlighting the dangers of fatigue.

2. Poor Weather Conditions: Florida’s Climate Risks

Florida is known for its sudden downpours, thunderstorms, and occasional hurricanes. These conditions make roads slippery and reduce visibility, posing unique challenges for commercial vehicles. Trucks require significantly longer stopping distances, and wet conditions can make braking even harder.

Preventive Measures:

  • Trucks should have tires designed for wet conditions and regularly maintained braking systems.
  • Drivers should slow down during rain and increase their following distance.

3. Cargo Loading Issues

Cargo plays a crucial role in a truck’s stability. Improperly loaded or secured cargo can cause the truck to become unbalanced, leading to rollovers or spills. Florida law mandates that cargo be evenly distributed and adequately secured, but violations remain a common issue.

Example:
In 2022, an improperly secured load of construction materials fell off a truck on the Florida Turnpike, causing multiple accidents and injuring several drivers. Such incidents underscore the importance of compliance with cargo safety regulations.

 

Florida-Specific Trucking Regulations

Florida’s trucking regulations are designed to improve safety and reduce accidents. However, many drivers and trucking companies fail to follow these laws, leading to preventable incidents.

  1. Weight and Size Restrictions
    The Florida Department of Transportation (FDOT) enforces strict weight and size limits for commercial vehicles. Trucks exceeding 80,000 pounds or specific height and length restrictions require special permits and must stick to designated routes. Overweight trucks not only damage infrastructure but also increase the risk of accidents due to difficulty in stopping or maneuvering.

How It Affects You:
If you’re involved in an accident with an overloaded truck, the trucking company may be held liable for violating weight restrictions.

  1. Driver Training and Licensing
    Truck drivers operating in Florida must hold a Commercial Driver’s License (CDL) and undergo specialized training to handle large vehicles. Employers are responsible for ensuring their drivers meet these requirements. Inadequate training or hiring unqualified drivers increases the likelihood of accidents.
  2. Maintenance Requirements
    Florida law mandates regular inspections and maintenance of commercial vehicles to prevent mechanical failures. Poorly maintained brakes, tires, or steering systems can lead to catastrophic accidents. Companies that neglect maintenance can be held accountable for resulting crashes.

 

Determining Liability in Florida Truck Accidents

One of the most challenging aspects of a commercial vehicle accident is determining who is responsible. Florida’s comparative negligence system, which assigns a percentage of fault to each party, plays a key role in these cases.

The Role of Comparative Negligence

Under Florida law, if multiple parties are at fault for an accident, their liability is divided based on their percentage of responsibility. This means even if you’re partially at fault, you can still recover damages, but the amount will be reduced by your share of liability.

Example:
Imagine you are involved in a collision with a truck. It’s determined that you were 20% at fault for speeding, while the truck driver was 80% at fault for making an illegal turn. If your total damages are $100,000, you would receive $80,000 after deducting your percentage of fault.

Common Liable Parties

Liability in truck accidents may extend beyond the driver and include:

  • Trucking companies for inadequate training or maintenance.
  • Cargo loaders for improperly securing loads.
  • Vehicle manufacturers for defective parts.
  • Government entities for poorly maintained roads.

 

Insurance and Compensation for Florida Truck Collisions

Navigating insurance claims after a truck accident in Florida can be daunting due to the state’s no-fault insurance system and the involvement of multiple parties.

The Basics of Florida’s No-Fault System

Florida law requires drivers to carry Personal Injury Protection (PIP) insurance, which covers medical expenses and lost wages regardless of fault. However, in cases involving severe injuries, you can pursue compensation from the at-fault party.

Types of Compensation Available

Victims of truck accidents may be entitled to:

  1. Economic Damages: Medical expenses, lost wages, and property damage.
  2. Non-Economic Damages: Pain and suffering, emotional distress, and loss of enjoyment of life.
  3. Punitive Damages: In cases of gross negligence, such as a truck driver under the influence, courts may award punitive damages to deter future misconduct.

 

Legal Steps After a Commercial Vehicle Accident in Florida

Taking the right steps after an accident can protect your rights and strengthen your case.

  1. Call Emergency Services
    Report the accident immediately to ensure medical assistance and official documentation of the scene.
  2. Document Everything
    Take photos of the accident scene, including vehicle damage, injuries, and road conditions. Collect contact information from witnesses and the truck driver.
  3. Seek Medical Attention
    Even if you don’t feel injured, see a doctor to rule out conditions that might not be immediately apparent, such as whiplash or internal injuries.
  4. Contact an Attorney
    Truck accidents often involve complex legal and insurance issues. An experienced lawyer can help you gather evidence, negotiate with insurers, and file a lawsuit if necessary.

 

Preventative Measures for Commercial Vehicle Safety

Both trucking companies and other drivers can take steps to make Florida’s roads safer.

For Trucking Companies

  • Conduct regular maintenance checks.
  • Limit driver hours to prevent fatigue.
  • Invest in driver training programs focused on defensive driving.

For Other Drivers

  • Avoid lingering in a truck’s blind spots.
  • Be patient and cautious when passing.
  • Never cut off a large truck, as their stopping distances are much longer.

 

Frequently Asked Questions About Florida Commercial Vehicle Accidents

What should I do immediately after a truck accident in Florida?
After a truck accident, your first priority should be your safety. Move to a safe location if possible and call emergency services to report the incident. Seek medical attention, even if injuries aren’t immediately apparent, as some conditions may develop over time. Document the scene by taking photos of the vehicles, road conditions, and any visible injuries. Collect information from the truck driver, such as their license, insurance, and employer details, as well as contact information from witnesses. Lastly, consult with an attorney as soon as possible to protect your rights and build a strong case.

Who can be held responsible for a commercial vehicle accident?
Liability in a commercial vehicle accident can extend beyond the truck driver. Depending on the circumstances, the trucking company, cargo loaders, maintenance crews, or even vehicle manufacturers may share responsibility. For example, if the accident was caused by improperly loaded cargo, the company responsible for loading may be liable. If the truck was not maintained correctly, the maintenance team or the company overseeing the vehicle may be at fault. Determining liability often requires a thorough investigation and the assistance of legal experts.

Can I file a lawsuit if I was partially at fault for the accident?
Yes, you can still file a lawsuit even if you were partially at fault. Florida follows a comparative negligence system, which means your compensation will be reduced by your percentage of fault. For instance, if you are found 20% at fault for the accident, you can still recover 80% of the damages. An experienced attorney can help minimize your assigned fault percentage and ensure you receive the compensation you deserve.

What types of compensation can I receive after a truck accident?
Victims of truck accidents in Florida may be entitled to economic, non-economic, and, in some cases, punitive damages. Economic damages include tangible costs like medical bills, lost wages, and property damage. Non-economic damages compensate for pain and suffering, emotional distress, and loss of enjoyment of life. Punitive damages may be awarded in cases of gross negligence or intentional misconduct, such as a truck driver operating under the influence of drugs or alcohol.

How does Florida’s no-fault insurance system affect truck accident claims?
Florida’s no-fault insurance system requires drivers to first seek compensation through their Personal Injury Protection (PIP) coverage, regardless of who caused the accident. PIP covers medical expenses and lost wages up to policy limits. However, in cases involving severe injuries or damages exceeding PIP limits, you may pursue a claim against the at-fault party’s insurance. Truck accident cases often involve higher levels of insurance coverage due to the severity of damages and injuries, making it essential to have legal guidance to navigate the claims process.

 

Contact Lawlor, White & Murphey Today

If you’ve been involved in a commercial vehicle accident in Florida, don’t navigate this challenging process alone. Protect your rights and maximize your compensation by consulting a qualified attorney. Contact Lawlor, White & Murphey today to ensure your case is handled professionally and effectively.