Types Of Damages In Florida Commercial Vehicle Accident Cases

Being involved in an auto accident always has the potential to cause long-term injury, but if the other vehicle involved is a commercial motor vehicle (CMV), the injuries are disproportionately likely to be serious or even deadly. While not every CMV accident involves negligence, the damages that an injured plaintiff can collect if a defendant is found negligent can be significant. It is important that you and your attorney are well aware of the nature of damages that may be available to you in the event of a finding in your favor.

Insurance Covers Some Expenses

Florida has a no-fault auto insurance system, meaning that instead of filing suit against negligent defendants in cases where the injuries are minor, injured drivers can seek compensation from their insurer (or the insurer of the person who caused the accident). Florida drivers are required to carry a certain amount of both personal injury protection and property damage liability insurance – though the Insurance Resource Council reports that as many as one in five drivers in the state do not have this coverage.

While this can be a boon for an injured person, the odds are high that insurance will not be enough to cover all the medical expenses incurred in a CMV crash. In addition, insurance will not pay for what are called intangible damages – damages that are hard to quantify, such as pain and suffering or loss of quality of life – which can make an injured plaintiff’s financial situation difficult. However, if their injuries are “significant and permanent,” they have the right to file suit against the allegedly negligent driver, even in a no-fault state.

Tangible & Intangible

If you learn that you have the right to file suit against the CMV driver who caused your injuries, it is important to know which types of damages you can and cannot claim. Florida recognizes both tangible and intangible damages – in other words, damages that can and cannot be quantified with a reasonable degree of certainty. For example, a hospital bill is an example of the former, while claims of mental anguish would be the former.

In cases where gross negligence can be proven, punitive damages may also be awarded, but this is quite rare. Anything ‘punitive’ is designed not to make a victim whole, but to punish a negligent actor, and this is why negligence of a particularly serious degree must be evident in order to award them. Either way, the right attorney can help determine the damages you may be owed for the harm you have suffered.

Call A Tampa Commercial Vehicle Accident Attorney

Filing suit against a commercial vehicle driver can be intimidating, but if you have been harmed by a driver’s negligence, you have the right to seek damages for what you have been through. A Tampa truck accident attorney from the Rinaldo Law Group can help you through the legal process and work hard to get you the compensation you deserve. Contact our office today to schedule a consultation.

Source:

usatoday.com/story/business/2025/03/09/meeting-the-states-required-minimums-is-costing-motorists-more-than-what-others-pay-for-full-coverag/81607838007/