Drivers in Fort Lauderdale understand that special caution is needed when navigating its unique roadways. On the other hand, commercial truck drivers passing through may not be ready for some of these challenges — despite their best efforts. If you’ve been in a truck accident on I-95 or any of Fort Lauderdale’s crowded roads, it’s important to consult with an experienced Fort Lauderdale truck accident lawyer immediately. You may be entitled to compensation resulting from your injuries and other damages incurred.
Truck accidents pose severe damages for those involved — especially when compared to car accidents — making timely legal consultation imperative to address the unique legal complexities associated with these types of cases. At Steinger, Greene & Feiner, we know how to navigate these intricacies like we do Fort Lauderdale’s roadways. We put our knowledge to work for you, securing the maximum compensation and justice you deserve during your time of need.
Common Causes of Truck Accidents
Truck accidents often lead to disproportionately severe outcomes, far exceeding their representation on the roads. Even though large trucks constitute only about 4% of registered vehicles nationwide, they are involved in approximately 9% of all fatal crashes, according to the National Highway Traffic Safety Administration (NHTSA).
In Florida alone, 9,139 truck accidents occurred in 2023, involving 9,657 vehicles according to FMCSA data. These incidents resulted in 273 fatal crashes, meaning about 3% of all truck accidents in the state were fatal. Additionally, there were 4,511 injuries, indicating that nearly 49% of truck accidents led to injuries. Broward County consistently reports a high number of truck-related accidents each year, leading to numerous injuries and tragic fatalities.
Truck accidents happen for many reasons, and knowing these risks can help you protect your rights. While human error is a factor in almost any type of accident, certain aspects of the trucking industry contribute to increased risk, making truck accidents especially dangerous.
Common causes of truck accidents in Fort Lauderdale include:
Driver Fatigue
The pressure on truck drivers to meet deadlines often leads to extended driving hours, compromising safety despite federal regulations mandating rest breaks.
Distracted Driving
Long hours on the road can lead to attention-diverting activities such as texting, watching media, or daydreaming.
Impaired Driving
The use of substances to combat fatigue, including prescription, over-the-counter, or illicit drugs, can impair decision-making and response times.
Equipment Malfunctions
Inadequate vehicle inspections or failure to address mechanical issues can lead to accidents. In cases of defective equipment – components like tires, brakes, and lights – manufacturers may be held liable for the accident.
Speeding and Reckless Driving
Especially given the size and weight of commercial trucks, speeding makes it harder to stop suddenly and increases the risk of accidents.
Environmental Factors
Rainy or foggy conditions create slick roads and poor visibility, increasing the risk of vehicles sliding and losing control. Always exercise extra caution when operating a motor vehicle in these types of conditions.
Types of Truck Accidents
Steinger, Greene & Feiner has decades of experience counseling truck accident victims, so we’ve seen almost every type of accident imaginable.
Some of the most common types of truck accidents include:
Rear-End Collisions
Often caused by factors such as distracted driving, fatigue, or brake system issues, rear-end collisions are typically intensified by the size and weight of commercial trucks.
Jackknife Accidents
Because they resemble a folding knife, jackknife accidents occur when a trailer folds towards the truck cab, typically due to loss of traction. These can be triggered by adverse weather, improper braking, or sudden maneuvers, posing significant risks on busy highways.
T-Bone, or Side Collision
Side collisions can be caused by a truck driver blowing a stop light or running an intersection because they’re behind schedule. Depending on the speed, an impact on the side of your vehicle can cause devastating injury to the lower back or lower limbs.
Rollover Incident
When a truck rolls over, it’s usually due to factors like excessive speed, overloading, or abrupt steering maneuvers. These types of accidents can be potentially catastrophic.
Underride Collisions
Underride collisions occur when smaller vehicles become wedged beneath a truck’s rear or side. Often resulting in severe injuries or fatalities, these accidents can be exacerbated by inadequate truck safety features.
Blind Spot Accidents
Because of their size, trucks have substantial blind spots in which smaller vehicles may not be visible. Blind spot accidents frequently occur during lane changes or turns, particularly when vehicles linger in these areas.
Cargo Spills
A heavy payload that hasn’t been properly secured to its trailer can spill out on the road, having catastrophic consequences for traffic following behind a commercial truck.
Visit the US Department of Transportation’s website to learn more about how some of these accidents can be avoided.
Common Injuries in Truck Accidents
According to a recent study conducted by the Florida Department of Highway Safety and Motor Vehicles, Broward County’s roadways sustain approximately 41,000 automobile accidents a year. Of those accidents, more than half (roughly 25,000) result in injuries.
Because trucks outweigh — and are significantly larger than — passenger vehicles, truck accident injuries are typically much more severe than car accident injuries.
Some of the most common injuries resulting from truck accidents include:
- Amputations
- Traumatic Brain Injuries
- Spinal Cord Injuries
- Broken Bones
- Internal Injuries
Compensation for Truck Accident Victims
Our experienced truck accident lawyers will thoroughly review the details of your case to assess the potential for compensation. If they determine that you have a case, they will investigate to further establish the facts and gather supporting evidence. Compensation may be prorated based on the percentage of fault assigned to each party. For instance, if the injured party is found 20% responsible, their compensation would be reduced accordingly.
Compensation for truck accident victims generally covers two types of damages: economic and non-economic. Economic damages compensate you for the financial losses incurred — things like medical bills, lost wages, property damage, and any other out-of-pocket expenses related to the accident. Non-economic damages, on the other hand, help you recover compensation for intangible losses related to pain and suffering, mental anguish, and permanent disabilities or impairments.
In certain cases, truck accident victims can also claim punitive damages. Punitive damages don’t seek compensation for losses but instead are awarded to discourage future wrongdoing by the defendant. To qualify for punitive damages, your lawyer must provide convincing evidence of the defendant’s gross, wilful misconduct. The maximum amount of punitive damages permitted by Florida law is $500,000 or 3x your compensatory damages – whichever amount is greater.
In the worst cases, you or someone you love may have been involved in a fatal truck accident.
At Steinger, Greene & Feiner, we understand the tactics that insurance companies use to minimize payouts and maximize their profits. When you contact us, we will calculate and prove the total damages so that you are compensated accordingly. If necessary, we will go a step further and represent your case in court, working tirelessly to ensure you receive fair compensation for both economic and non-economic damages.
Steps to Take After a Truck Accident
Safety should be your priority following a truck accident. Call 911 or the Fort Lauderdale Police Department to receive prompt medical care – no matter how insignificant your injuries may seem. Your medical report creates a paper trail documenting your injuries which may later prove useful in your truck accident claim.
Once you’ve received the necessary medical attention, prompt legal action is also crucial to preserve evidence and build a strong case.
Quick action allows for the preservation of driver logs, electronic data, surveillance footage, and witness statements, medical treatment documentation, logbooks, traffic images and video, black box data. A trucking accident attorney will also work with accident reconstruction specialists to obtain expert, unbiased testimony. This collective evidence will later serve as the foundation of your case. They will advise you on the importance of documenting evidence to provide proof of damages and to make your case as strong as possible.
Use your cell phone to capture eyewitness accounts and record videos of the damaged vehicles and surrounding accident scene. Take photos and videos of any injuries you or a loved one may have sustained. Last, communicate with the other drivers involved and note their contact and insurance information.
Never admit fault at the scene of the accident. You should avoid discussing your case with anyone but your personal injury lawyer — and never post anything about it on social media. Anything you say or post publicly can and will be used by the opposing counsel to diminish your case. Your attorney-client relationship is important, and everything you discuss together will remain confidential.
Remember, you’re not alone in this journey. Legal support aims to alleviate the burden, allowing you to focus on recovery while your truck wreck attorney handles the rest. Consult with a compassionate truck crash lawyer in Fort Lauderdale to pursue a wrongful death claim and receive compensation for your ultimate loss.
Establishing Liability in Truck Accident Cases
Determining who is at fault in a truck accident can be a complex and challenging process, especially when it’s an accident involving multiple parties who might share responsibility. Identifying all liable parties is crucial to maximizing your compensation and holding the right people accountable.
Potentially Liable Parties:
- Truck Driver: May be directly responsible due to negligence, reckless driving, or violations of federal and state regulations—such as exceeding allowed driving hours or ignoring safety protocols.
- Trucking Company: Could be liable for negligent hiring practices, insufficient training, or failure to maintain their fleet properly. If the company pressures drivers to meet unrealistic deadlines, leading to unsafe driving conditions, they share in the responsibility.
- Shipping or Loading Company: If improperly loaded or secured cargo caused the accident, the company responsible for loading the truck might be at fault. Overloaded trucks or uneven weight distribution can make vehicles difficult to control.
- Broker: Entities that connect shippers with carriers must comply with federal regulations. They might be held accountable if they hire an unqualified carrier or neglect to verify safety records.
- Truck Manufacturer or Parts Supplier: Defective parts, such as faulty brakes or tires, can lead to catastrophic failures. Manufacturers and suppliers might be liable if a mechanical defect contributed to the accident.
- Maintenance Providers: Companies or individuals responsible for the upkeep of the truck can be held liable if poor truck maintenance practices lead to mechanical failures.
- Third-Party Drivers: Other motorists on the road may share responsibility if their actions trigger a chain reaction leading to your accident.
- Government Entities or Contractors: Poor road design, inadequate signage, or lack of proper maintenance (like potholes or faulty traffic signals) can contribute to accidents. In such cases, the entities responsible for road upkeep might be held accountable.
- Other potentially liable parties include the Truck Owner (responsible for maintenance) and Highway Designers.
Each party will have its own insurance and legal teams aiming to deflect blame, so having experienced legal representation can make a significant difference. A Fort Lauderdale truck accident attorney can investigate the commercial truck accident thoroughly, gather evidence, and navigate the intricacies of Florida’s laws—including recent legislative changes that impact your personal injury claim.
Truck Accident Laws and Regulations
After a truck accident in Fort Lauderdale, understanding the legal framework becomes essential to protect your rights and secure fair compensation. Recent changes in Florida’s laws have made it even more critical to be informed and act promptly.
Statute of Limitations
Florida now imposes a two-year statute of limitations for personal injury claims arising from vehicle accidents. This means you have exactly two years from the date of your accident to file a lawsuit against the responsible parties. Time moves quickly, especially when dealing with recovery and financial pressures, so initiating legal action as soon as possible is crucial. Waiting too long could forfeit your right to seek compensation for medical bills, lost wages, and other damages.
Modified Comparative Negligence
Florida follows a modified comparative negligence system. If you’re found to be more than 50% at fault, you cannot recover any damages from the other parties involved. However, if you’re 50% or less at fault, you can still receive compensation, but it will be reduced by your percentage of fault. For instance, if you are deemed 30% responsible for the accident and your total damages amount to $100,000, you would be eligible to receive $70,000. Establishing the other party’s greater fault is therefore essential to maximizing your compensation.
Federal and State Regulations
Truck drivers and trucking companies must comply with strict federal and state regulations designed to promote safety on the roads:
- Hours of Service: To combat driver fatigue—a leading cause of truck accidents—federal laws limit the number of hours a trucker can drive without rest. Violations of these regulations can be pivotal in proving negligence.
- Vehicle Maintenance: Regular inspections and maintenance are mandatory. Neglecting these duties can lead to equipment failures like brake malfunctions or tire blowouts, increasing the risk of accidents.
- Cargo Securement: Proper loading and securing of cargo prevent dangerous spills, rollovers, or shifting loads that can cause collisions. Failure to adhere to these standards can hold the trucking company liable.
Understanding these regulations can uncover violations that contributed to your accident, strengthening your case against negligent parties.
Vicarious Liability
Under the principle of vicarious liability, trucking companies can be held responsible for the actions of their drivers. Employers are obligated to hire qualified personnel, provide adequate training, and enforce all safety regulations. If a company’s negligence in these areas led to your accident, they could be held accountable alongside the driver.
Insurance Complexities
Trucking companies are required to carry substantial insurance policies due to the potential severity of accidents. This often involves multiple insurers and complex policies, including:
- Primary Liability Insurance: Covers damages if the truck driver is at fault.
- Excess Liability Insurance: Provides additional coverage beyond the primary policy limits.
- Cargo Insurance: Covers loss or damage to the cargo being transported.
Navigating these layers of insurance can be daunting. Insurers may attempt to minimize payouts or deflect blame, making experienced legal guidance invaluable. That’s why hiring an trucking crash attorney with local legal expertise ensures you will be able to successfully navigate complex insurance claims where insurers subvert your best interests for theirs.
Get in Touch with a Fort Lauderdale Truck Accident Lawyer
At Steinger, Greene & Feiner, our services are available to you with no upfront costs. We only get paid if we win your case, making quality legal representation accessible regardless of your financial situation. Our client-centered approach, proven track record, and team-based strategy have helped us recover over $2 billion for our clients over the years.
If you’ve been injured in a large vehicle accident in Fort Lauderdale, you don’t have to face the legal system — or your recovery process — alone. Contact Steinger, Greene & Feiner today for a free consultation and take the first step towards securing the justice and compensation you deserve.
See why others choose Steinger, Greene & Feiner:
If you or someone you know has been injured in a truck accident and you’re wondering how you’re going to pay for all related medical expenses, we can help. The resourceful Fort Lauderdale truck accident attorneys at Steinger, Greene & Feiner will put an end to the stress of uncertainty and get you started on the road to recovery.
We relieve you of the burden that comes with navigating complex legal processes and insurance negotiations. While insurance companies add insult to your injuries with questionable strategies aimed at minimizing payouts, we’re your advocate for maximum compensation. With decades of truck accident experience on our side, we’re by your side.
Contact Steinger, Greene & Feine for a free consultation or visit our law office at the address: 3102 West End Ave #1050, Nashville, TN 37203.