Frequently Asked Questions - Florida Truck Accidents

The statute of limitations is the time period within which a case must be settled or formally filed as a lawsuit. For most Florida truck accident cases, the statute of limitations is 2 years from the accident date. Some exceptions apply to the general rule. For instance, if the crash took place before March 24, 2023, the statute of limitations can be as long as 4 years from the date of the crash. Florida law changed in March 2023. In addition, there may be a longer time period (beyond the current 2-year system) to pursue an Uninsured Motorist or Underinsured Motorist claim (if applicable). It is best to consult an experienced personal injury attorney to ensure the claim/case is pursued, settled, and/or filed on time.

The amount of required insurance will depend on the following factors/issues:

• Where is the truck at issue operating? Solely within Florida (intrastate) OR across state lines (interstate);
• What is the vehicle's gross weight?
• What type of cargo, product, freight, and/or materials is the truck hauling?

Most freight shippers and brokers require at least $1,000,000 in applicable liability insurance coverage, even if the legally required minimum is less.

In most cases involving a semi-tractor trailer, significant liability insurance is in place. However, each case must be investigated and pursued on its own merits and coverages, not on what is typical for the situation.

The simple answer is no; however, a further explanation will help shed more light on this question. As stated above, there typically will be a significant amount of coverage. However, a commercial insurance carrier will not just hand over money for the asking price. The adjuster and defense attorney will require proof of injury and treatment to determine the value of the claim or case. For instance, let's say an injury victim sprains a finger and goes to the doctor three times. This case would have some value, but not significant value, because of the limited injuries and treatment. Let's take a look at another situation. Let's say the injury victim suffers neck and back injuries. MRI films show herniated discs. The injury victim has a year of injections, including epidural steroid injections and radiofrequency ablations. Finally, the injury victim has been recommended for surgery. This would be a significant case based on the seriousness of the injuries and extent of the treatment.

In Florida, PIP (Personal Injury Protection) coverage generally pays for up to $10,000 of the medical treatment. This is the primary source of payment during the first couple of months following the truck accident. Beyond PIP, the injury victim's health insurance may pay for additional medical treatment.

The simple answer is yes. In Florida, whether a traffic citation was issued is not binding for purposes of a civil case. In other words, even if the truck driver did not receive a traffic citation, you can still pursue a civil case against the truck driver, truck owner, and other involved parties.

This will depend on the facts of the case. There is no "one size fits all" answer to how long a case will take. One factor that affects timing is the seriousness of the injuries. In serious injury matters, it may take time to get fully diagnosed and treated. Be patient in any Florida truck accident case so you can properly analyze and evaluate all facts and information and move the best possible case forward on behalf of the injury victim.

There are generally two types of damages: Economic Damages and Non-Economic Damages. Economic damages include out-of-pocket expenses and other measurable expenses. You can prove these damages with receipts, bills, wage documents, tax returns, and expert testimony. Economic damages can include both past and future expected damages. Common economic damages include medical bills, medical equipment, lost wages, loss of earning capacity, and property loss/damage expenses.

Non-economic damages include intangible, emotional, and physical harm damages. No receipt, bill, or exact formula defines non-economic damages. These damages include pain, suffering, mental anguish, loss of enjoyment of life, and loss of consortium and services (by the injury victim's spouse and/or minor children). In most personal injury cases, non-economic damages are sought for past and future damages over the expected lifespan of the injury victim.