florida truck accident aftermath

Florida Truck Accident FAQs

 

At Fine, Farkash, and Parlapiano, we have decades of experience representing the victims of truck accidents in northern Florida.

 
Below is a list of frequently asked questions and concerns, by victims just like you. If you have suffered an injury as the result of a truck accident or negligent driver in Alachua, Marion, Levy, Gilchrist, Dixie, Bradford, Columbia, Union, Putnum, Citrus or Duval counties, you may well be entitled to compensation.


How soon must I bring an injury or death case based on a Florida truck accident?

Jack J. Fine: The answer to this question is, it depends. If it’s a wrongful death case, it’s a two-year statute of limitations. If it’s a commercial vehicle trucking case, it’s typically a four-year statute of limitations. If the truck is owned by a governmental entity, there are other statute of limitations. There is a three-year notice period. The limitations or actions depends on the exact nature of the ownership and operation of the truck, and the injuries sustained in the accident.

 

What are the most common factors in collisions between commercial trucks and automobiles?

Jack J. Fine: I may be a little biased in answering this question, because I frequently represent the victims of accidents, and they’re usually in the automobile. The most common factor is the truck driver simply not paying attention. Other factors can be violation of the Federal Motor Carrier Safety Regulations, the truck driver’s being on the road too long. They’re fatigued and as a result, they’re half falling asleep, thereby causing an accident.

 

Are there special rules that apply to commercial trucks in Florida?

Jack J. Fine: There are special rules that apply to commercial trucks throughout the entire country. These rules are federal in nature. They are put together. They are called the Federal Motor Carrier Safety Regulations. We have handled many cases where truck drivers violated these rules and because they violated these rules, lives have been ruined. People have died, and we have prosecuted those truck drivers. If you’ve sustained an injury in a commercial trucking accident, be sure to talk to an attorney who’s handled this kind of case.

 

Are expert witnesses necessary to prove fault in a Florida truck accident case?

Cherie Hoch Fine: Very likely. You’ll probably have to have an accident reconstruction expert. You may need a trucking practice expert to talk about negligent hiring or time in service issues. More than likely, you will need to have an expert in your case. Talk to your lawyer. They’ll look at the facts and they’ll decide.

 

How complicated are Florida truck accident cases?

Jack J. Fine: Florida truck accident cases can be complicated. They can be simple. However, even the more simple truck accident cases can be difficult to prosecute on the part of a plaintiff’s attorney. This is because the insurance companies fight these cases and very frequently, we have to hire experts, either in trucking practices or in accident reconstruction, to make the case on behalf of our clients. That’s why, if you’re hit by a truck, if a truck driver causes you serious injuries, talk to an attorney who’s experienced in handling these cases.

 

A big rig jackknifed and I was injured in Florida. Can I recover against the driver of the truck?

Cherie Hoch Fine: Probably, yes. It depends on the facts of the case, obviously, but if the big rig jackknifed and they were negligent, and that’s the reason they jackknifed, then the owner of the big rig, potentially the driver as well, would be responsible for damages and injuries that you suffered as a result.

 

What are the most common factors in collisions between commercial trucks and automobiles?

Jack J. Fine: I may be a little biased in answering this question, because I frequently represent the victims of accidents, and they’re usually in the automobile. The most common factor is the truck driver simply not paying attention. Other factors can be violation of the Federal Motor Carrier Safety Regulations, the truck driver’s being on the road too long. They’re fatigued and as a result, they’re half falling asleep, thereby causing an accident.