Florida truck accident lawyer, Guy S. DiMartino, DC, JD explains why truck accidents have their own unique issues.
A lot of people, even attorneys, mistakenly believe that the only difference between a car accident and a truck accident is the size of the vehicles. Trucks are much bigger in every way than the average car. The truth is that commercial truck and car accidents are completely different animals. Lets spend a few minutes comparing the two:
- Car accidents typically have one defendant (party to blame) to sue. Truck accidents typically have multiple defendants from different states.
- Car accident lawsuits are typically brought in a local state court. Truck accident lawsuits can wind up in local state or federal court.
- Car accidents are typically rear end collisions involving two vehicles. Truck accidents are primarily from lane changing, and can involve multiple vehicles.
- Car accidents are usually caused by driver error. Truck accidents can be caused by driver error but additionally there can be mechanical issues, defective equipment, loading issues, and improper repair and maintenance issues.
- Car accident cases may or may not have bodily injury insurance coverage, which is available to compensate an injured person. Trucking companies are required to have bodily injury insurance at different levels depending on the load.
- Car accidents involve “amateur” drivers who are held to lower standards. Truck accidents involve “professional” drivers who may drive over a hundred thousand miles a year, hold CDLs (commercial driver license), have endorsements to drive and haul specific trucks and cargo, are highly trained, are regularly drug and alcohol tested, have to log and document every hour of every week they work, are responsible for daily vehicle inspections, and are certified annually to be healthy enough to drive.
Car accident claims generally do not require the use of an accident reconstruction expert
or an investigator. Truck accidents require a full investigation into all potential sources of liability (fault). This may involve hiring experts in accident reconstruction, truck equipment and operation.
In Florida truck accident cases the stakes are usually much higher so the insurance company becomes much more aggressive, and because of the federal rules and regulations, the issues are much more complex than a routine car accident case.
If you would like to discuss a Florida trucking accident case, contact Guy S. DiMartino, DC, JD at 352-267-9168. We handle truck accident cases in Stuart, Port St. Lucie, Palm City, Hobe Sound, Port Salerno, St. Lucie West, Fort Pierce, Vero Beach, Sebastian, Clermont, Leesburg, Tavares, Mount Dora, Howey-in-the-Hills, Yalaha, The Villages, Ocala, Belleview, Mineola, Four Corners, Winter Garden, Montverde, Bushnell, Lady Lake and Fruitland Park