Florida Injury Attorney Blog

If you were involved in an accident with a semi truck, tractor trailer or 18 wheeler, as they are often called, and suffered an injury as a result of the accident, there is a good chance that you have a case and can make a claim to be compensated for your injuries. 

The first element of a case or lawsuit involving an accident with a big truck (or car or other vehicle) is whose fault the accident was, or in other words, who caused or contributed to the accident.  This can be a simple answer, such as when a person is hit from behind while lawfully stopped at a red light.  Or, it can be a very complicated issue, such as a large accident involving different vehicles, which is not uncommon when tractor trailers are involved in accidents.  Additionally, the issue of whose fault the accident was, commonly referred to as the liability phase of a lawsuit, is not always an all or nothing proposition.  For instance, if two vehicles were involved and each driver was partially at fault for the accident, a person who was injured in the accident can recover a reduced amount of his or her damages.  In a situation where Driver A was speeding and was injured in a crash when Driver B ran a stop sign, the two parties, or a jury, may find that each driver was 50% at fault for the accident.  In that case, Driver A may collect 50% of his or her damages from the accident.  In crashes where the fault is less obvious or where several vehicles were involved who contributed to the crash, an accident reconstructionist expert who is trained in figuring out how the crash occurred may be retained to reconstruct the crash and figure out how it happened and which drivers caused or contributed to the crash.  It is common to use an accident reconstructionist in tractor trailer accidents.

The second element of an accident case is damages.  There are several elements of damages in Florida including, but not limited to, loss of earnings (past wages), loss of ability to earn money in the future, physical and mental pain and suffering and past and future medical expenses.  If you were in an accident and feel that you were injured such that needed to go to the hospital, a doctor or chiropractor, there is a good chance that you have suffered damages under the law for which you can be compensated if they were caused by an accident that was caused or contributed to by another driver.  Some of these elements of damages, such as future medical and health care needs and future lost wages, are not easily determined and may require the analysis of an expert to calculate.

The third element of an accident case is insurance.  If you were in an accident that was clearly the other driver's fault and suffered serious injuries, it still may be difficult to collect compensation if the other driver either has no insurance or little insurance coverage.  This may not be a problem if your own insurance policy has uninsured/underinsured motorist coverage which protects you in a situation where you were injured by a driver with no or little insurance.  Additionally, you may also make a claim against the other driver's employer's insurance if the other driver was on the job at the time of the accident, and in Florida you can also make a claim against the other vehicle's owner's insurance policy.  In accidents with tractor trailers, insurance coverage is not as much of an issue since tractor trailers drivers and companies are required to carry a minimum amount of liability insurance for their drivers and trucks, as further detailed here.

There are several factors that determine whether you have a case after an accident.  Every case is different.  When a tractor trailer is involved, the issues can become more complicated but often in a way that ultimately makes it easier for you to be compensated for your injuries.  If you have been injured in an accident with another vehicle, particularly if it is a tractor trailer, it is important to contact a lawyer to determine if you have a case, and if so, to begin building that case as soon as possible.