Overcoming Challenges in Florida Large Truck Accident Cases

In the last decade, the number of deadly Florida large truck accident cases increased nearly 75 percent, with almost 300 reported in the most recent year, according to The Federal Motor Carrier Administration. On average, more than 3,000 people lose their lives in U.S. truck accidents annually. Federal data released last month indicated the number of people injured in large truck crashes – occupants and non-occupants – spiked 5.3 percent to 159,000 in 2019.

Trucks in Florida barrel daily down I-75 (including Alligator Alley through the Everglades), I-275, I-95, I-4 and I-10. They also rumble along U.S. 41 and on many rural routes in South Florida, posing a greater risk to other drivers.

Florida lawsuits involving large trucks such as 18-wheelers can be especially complex. As our Fort Myers truck accident lawyers can explain, you are not dealing with the just negligence of a single, private individual behind the wheel. Rather, like layers of an onion, there are likely to be numerous corporations, employees, vehicle owners, and insurers involved.

Further complicating matters is that Florida’s large truck accident cases tend to involve very serious injuries, much more so than the average car accident (perhaps unsurprising given that these vehicles can weigh up to 30 times as much as a car). Lives have been upended, shattered, or even lost. Meanwhile, companies know they have hundreds of thousands or millions of dollars on the line. Drivers may have their careers at stake. These defendants are usually well-funded inclined to invest heavily in protecting their own interests – no matter how tragic the circumstances. These are not the kind of cases that can be trusted to just any law firm.

Defense Tactics in Florida Large Truck Accident Cases

Tactics that large trucking company defendants might use in cases against those who file injury and wrongful death claims include:

• Unfairly accusing the victim of being negligent, in whole or in part.
• Trying to convince the victim to quickly agree to a much lower settlement than what s/he could obtain in a personal injury case.
• Hiring bulldog attorneys to intimidate potential claimants.
• Hiding or falsifying documents to indicate they followed safety requirements when they did not. (This is not legal and could result in substantial sanctions.)

Justice for your loved one is going to require a legal team prepared to skillfully take on a case with such complexities, high stakes, and strong resistance from the defense.

We Fight For You

An experienced South Florida truck accident attorney will clearly understand the tactics trucking companies and commercial insurers employ to either deny payment or offer the lowest possible settlement amount. At Garvin Injury Law, we can help you:

• Conduct the necessary investigation, start to finish.
• Collect and review medical records, autopsy reports, etc.
• Contact expert witnesses if necessary and arrange for them to provide analysis and testimony.
• Identify and locate all potential defendants and examine their degree of legal responsibility based on the facts of the case.
• Prepare all claim forms and supporting documents.
• Determine all insurance policies that might be relevant (your own PIP coverage, various defendant bodily injury liability policies, umbrella coverage, etc.).
• Formulate legal challenges to any argument that the victim was negligent in whole or in part.
• Negotiate with insurers on your behalf.
• Assess whether settlement offers are fair and reasonable, and if not, assist clients with pursuing litigation.

We understand that if you are coming to us in the aftermath of a large truck accident, you have endured trauma – physical and emotional. We are here to walk you through the legal process, serve as your advocate and hold negligent truck drivers and companies accountable.

If you are injured in Fort Myers, Naples or Key West, contact our injury attorneys at Garvin Injury Law at 800.977.7017 for a free initial consultation.

Additional Resources:

Overall injuries in large-truck crashes increase 5.3%, Dec. 18, 2020, By John Gallagher, FreightWaves.com

More Blog Entries:

What are Tort Claims? Key West Injury Lawyer FAQ, Dec. 10, 2020, Fort Myers Truck Accident Lawyer Blog