Seeking Compensation After A Tractor-Trailer Crash

Accidents involving tractor-trailers often lead to serious, even life-changing injuries. A tractor-trailer is significantly larger and heavier than most standard cars and SUVs, and if you are involved in a crash with one, it can easily mean a long physical recovery. However, if you suspect that negligence was involved, you have the right to seek compensation if your injuries are severe. The right attorney can help.

Can I File Suit In Florida?

If a person decides to file suit after a tractor-trailer accident, the first thing they might think of is whether they would be able to file in the first place. Florida is a no-fault state when it comes to auto insurance, which means that unless injuries rise to a certain threshold, a person cannot file suit in court to seek damages. Rather, they are expected to file an insurance claim using their personal injury protection (PIP) insurance, which every Florida driver is expected to carry.

That said, if your injuries are serious enough to pass the severity threshold of the law, you will generally be able to file suit against the person or entity you believe caused your injuries. PIP coverage only extends over 80 percent of all ‘reasonably necessary’ medical care, and does not cover damages like pain and suffering, so if an injured person is able to sue, many decide to do so.

Four Criteria For Negligence

If negligence is involved in any type of auto accident in Florida, an injured plaintiff must establish four things to a court’s satisfaction in order to have a chance at receiving damages. They must show:

• The existence of a duty of care between road users. In Florida this is understood by law, though the level of care may vary;
• A breach of that duty of care by the defendant;
• A showing that the breach of duty was the direct cause of the plaintiff’s injuries, with no other intervening events; and
• Actual injuries – significant enough to be lasting and require medical care.

Given that Florida road users have a duty to exercise care toward other road users, an injured plaintiff can jump right into establishing that the (allegedly) negligent defendant breached that duty of care. A breach of duty can look like many different things – any action, or lack of action, that places other road users in jeopardy may fit the proverbial bill. For example, a driver who operates their vehicle beyond the recommended time in the Hours of Service rules, and thus becomes fatigued, may be held liable if they cause injury or death.

Contact A Tampa Tractor-Trailer Accident Attorney

A tractor-trailer accident is often a very serious matter, and if you believe the driver was negligent, it is important to have an idea of how to get the compensation you deserve. A Tampa tractor-trailer accident attorney from the Rinaldo Law Group can help – contact us today to schedule a free consultation.

Source:

flhsmv.gov/insurance/