Who Should You File a Claim Against After a Truck Accident in Florida?

Florida is a no-fault state. When an auto accident occurs, it mandates victims to file their claim with their insurer first.

After that, your situation dictates whom you should file your claim against, as a truck accident may involve many parties such as the following:

Truck driver
Trucking company
Cargo loading company
Truck manufacturer
Third-party maintenance providers, such as mechanics

Have you or your loved one been involved in a truck accident? Such accidents can be devastating.

This blog post guides you on whom you should file your truck accident claim with to recover maximum compensation.

Who Should You File Your Truck Accident Claim Against?

File Your Claim With Your Insurer Under Personal Injury Protection (PIP)

In Florida, every automobile owner must carry insurance that covers their bodily injury expenses in case of an automobile crash. It's known as personal injury protection (PIP).

PIP provides coverage for 80% of your medical expenses, but only up to $10,000. So, you must first file your truck accident claim with your insurance company under PIP.

As truck accidents can be extremely serious, $10,000 would likely be insufficient to cover your medical expenses and other damages. Your injury expenses could be as high as $100,000 or more. Therefore, the law allows you to pursue a claim against those responsible for your accident.

File Your Claim Against Those Responsible for Your Losses

As mentioned in the introduction, truck accidents can involve many parties. For this reason, it becomes incredibly challenging to identify the responsible parties and hold them accountable for your losses.

For example, if the truck belongs to a company, that company may be liable for your losses.

Ideally, to file your truck accident claim, you need to consider two main factors:

Identify the at-fault party or parties
Determine the third-party liability insurance policy the at-fault parties carry

Once you have identified these factors, file your truck accident claim against the party whose percentage of fault was the highest and who carries the highest monetary coverage to cover third-party losses.

If you hold a party responsible for your accident, consider the following:

Check if they have a third-party liability policy to cover your losses or else you will likely not be able to recover enough compensation.
If they have a minimum third-party liability policy, you will likely be able to recover limited compensation.

For instance, if a Walmart truck caused your injuries, Walmart has a million-dollar policy to cover the victim's losses.

How to Determine Who Is at Fault for Your Accident

While automobile drivers need to follow basic traffic laws, truck drivers have additional rules and regulations to follow. All the parties associated with the truck must follow Federal and State laws.

To determine who is at fault for your accident, you need to investigate and determine which party associated with the truck was negligent. If the driver broke the laws, then in what capacity? Were they fulfilling their employer's orders?

Relevant Truck Accident Laws

There are many laws truck drivers must follow. Here are some basic ones for your understanding:

Hours of Service Regulations

A truck driver can drive for eleven hours maximum after ten consecutive hours off duty.
After coming on duty, a truck driver cannot drive beyond the fourteenth consecutive hour. Furthermore, a truck driver should be off duty for ten hours consecutively before coming on duty.
A truck driver must take a break for at least thirty minutes after eight cumulative hours of driving.

Speed Limit Regulation

The truck driver must follow certain speed limits on Florida highways:

Interstate - 70 mph maximum
Four-lane divided highway outside an urban area - 65 mph maximum

Statute of Limitations

In Florida, you must file your truck accident lawsuit within two years. The two years start from the day of your truck accident.

Truck accident laws are highly complex but Florida truck wreck advocates understand them well. They can file your claim against the appropriate party and help you recover the compensation you deserve.

Conclusion

After a truck accident, the law requires you to file your claim with your insurer under PIP. Then file your claim with the at-fault parties to recover your remaining damages as PIP will likely not be enough to cover all of your damages.

If you've been involved in a truck accident, discuss your case with a personal injury lawyer who is well acquainted with federal and state trucking laws.

They can effectively handle your truck accident case and help you recover the compensation you deserve.