How Much Are Most Truck Accident Settlements in Florida?

If you’ve experienced a truck accident while living or traveling in Florida, you are likely to be overwhelmed by the changes and responsibilities that result from an incident you had no control over. Suddenly, you’re swamped with medical bills, faced with lost wages, and uncertain of how to pay for basic day-to-day expenses. You want to know, “How much are most truck accident settlements in Florida?”

How Settlement Amounts Are Determined

Every truck accident is different, and the unique characteristics of the accident will be used to determine how much a settlement will be. A few factors are considered, such as:

• Modified comparative negligence. In Florida, if you are determined to be partially responsible for the accident, the settlement amount will be decreased by the percentage you were found to have contributed to the accident.
• The injuries sustained. Severe injuries will require more medical care. You should be able to receive compensation for your immediate medical costs following a truck accident.
• Ongoing medical needs. Settlement amounts should cover medical needs that are likely to arise in the future as a result of injuries sustained during the accident.
• Lost wages or future earnings. Compensation for lost wages as a result of the accident should be covered. Lost earning potential should also be considered if the injuries sustained during the accident preclude you from working in the future or working at the same level you previously did.
• Property damage. The loss of your property during the accident will also be considered when calculating a settlement. The cost to replace or repair your vehicle is considered, as well as any other property that was damaged or destroyed during the accident.
• Pain and suffering. Florida allows for pain and suffering to be included when calculating settlement amounts. If you have suffered serious injuries as a result of the accident, medical records and expert medical testimony can be used to obtain additional settlement compensation.

Truck Accident Frequency

The Federal Motor Carrier Safety Administration (FMCSA) has compiled information on truck accidents in the United States. In 2021, there were 494,000 police-reported accidents involving trucks. Of those accidents, 1% (5,149) were fatal, while 22% (110,000) involved injuries. In 83% of all fatal crashes, the person killed was not in the truck.

Information collected by the FMCSA about the drivers of large trucks found that 5,634 drivers were involved in fatal crashes, of those:

• 7% were under 25 years old
• 7% were over 66 years old
• 15% were not wearing seatbelts at the time of the accident
• Of the drivers tested (38%), 6% were found to be under the influence of at least one drug
• 32% had at least one driver-related factor recorded at the scene

The most common driver-related factors recorded after fatal truck accidents were speeding of any kind and distraction or inattention.

Who Is Responsible After a Truck Accident?

Your settlement could be impacted after a truck accident based on who the responsible party is determined to be. Responsible parties could include:

• The company that owns the truck
• The company that employs the truck driver
• The truck driver, if he owns the truck
• The cargo loading company
• A negligent mechanic
• A manufacturer, if a defective part caused the accident
• The government, if road maintenance played a part in the accident

A Tampa truck accident lawyer from our firm can look at your case to determine all liable parties involved.

FAQs

Q: How Long Does a Truck Accident Settlement Take in Florida?

A: There is no standard length of time for a settlement after a truck accident in Florida. Truck accidents typically take longer to investigate than car accidents because truck drivers are required to adhere to federal and state regulations.

There are also more companies involved in a truck accident, as the truck driver and the company they work for may have separate insurance companies representing them. These factors increase the length of time before a settlement is reached.

Q: If I Have Been in a Truck Accident, What Type of Lawyer Do I Need?

A: If you have been involved in a truck accident, you will need a personal injury lawyer who has experience in truck accident cases. Truck accident laws differ from car accident laws. A knowledgeable Florida truck accident attorney can help you navigate the complex state and federal regulations that apply to your truck accident case.

Q: How Long Does the Insurance Company Have to Pay a Settlement in Florida?

A: In Florida, according to Florida Statute 627.4265, the insurance company has 20 days to pay after a settlement agreement is made in writing. The only exception to the 20-day rule is if both parties agree to an exception. If the insurance company fails to submit payment within 20 days, they are liable for an additional 12% interest penalty. This interest is paid starting from the date of the agreement.

Q: Is Pain and Suffering Considered in a Truck Accident Settlement in Florida?

A: Yes, pain and suffering are considered in a truck accident settlement in Florida, but only if a serious injury is sustained as a result of the accident. Florida Statute 627.737 defines the requirements for a serious injury as significant loss of regular function, permanent injury, significant or permanent scarring or disfigurement, death, or endangerment. Medical records and medical testimony can help secure this type of settlement.

Q: Can I Still Get a Settlement if I’m Partially At-Fault?

A: Yes, you can still be awarded a partial settlement if you are found to be less than 50% at-fault for the accident. Florida follows a modified comparative negligence rule for traffic accidents. Under this system, if you are found to be 30% at-fault for the accident, your subsequent settlement award will be reduced by 30% to account for your negligence in the accident.

Your Dedicated Legal Team: Hire a Truck Accident Lawyer

When you’ve been injured through no fault of your own, you need a legal team ready to fight on your behalf. At Paul Figueroa Law, our founding attorney has been practicing law for over a decade. We’ve helped thousands of clients get the justice they deserve.

When you’re driving to spend a leisurely day at Hillsborough River State Park or taking a trip to Adventure Island, a sudden truck accident can leave you overwhelmed and worried about your future. Contact us today for a confidential consultation.