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Truck accidents are all too common in and around Fort Lauderdale. While sharing busy roadways—such as interstate highways I-75, I-95, and I-595—with truckers, collisions involving semis and other heavy trucks are inevitable.

And given these vehicles’ sheer size, mass, and momentum, most accidents involving trucks result in severe, life-changing injuries and extensive property damage. An experienced Fort Lauderdale truck accident lawyer can help guide you through the complex legal maze to ensure you get the compensation you deserve.

Imagine you are driving to Speed & Truck World to get some parts to customize your car, and on Highway 1 a semi-truck next to makes an abrupt lane change and crashes into you.

Or possibly you are your way to Power Center to pick up some equipment and you are rear-ended on I-95 by a truck whose driver was so fatigued he had fallen asleep at the wheel.

While these are hypothetical situations they underline how serious truck accidents in Fort Lauderdale can be. Our legal team has a reputation for fighting for truck accident victims against negligent truck drivers, predatory insurers, and reluctant trucking companies. Our job is to build a winning case and bargain for the highest possible compensation on your behalf.

Contact our experienced truck accident attorneys in Fort Lauderdale, Florida, today to learn more about your rights.

Do Accidents Involving Large Trucks Occur Often in Fort Lauderdale, Florida?

The “Sunshine State” is a popular trucking destination; thousands of semis and other heavy trucks ply Florida roads daily.

Why is Florida so attractive to trucks? Well, for one, Florida is a major shipping hub. With 14 primary deep-water ports, Florida is one of the largest shipping hubs on the East Coast. Secondly, Florida is the third most populated state in the US, with over 22.6 million residents. Sustaining such a huge population requires trucks to haul goods around the clock. Thirdly, Florida does a lot of trade with neighboring states.

With so many semi-trucks and 18-wheelers on the road it is no surprise that crashes occur. A report published by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) shows that in 2022 levels of injuries sustained in truck accidents as follows:

Fatal: 29
Incapacitating: 107
Non-incapacitating: 449
Possible injuries: 1,046
No Injuries: 34,045

Truck accidents aren’t just a problem in Broward County, in fact, according to the National Highway Traffic Safety Administration’s (NHTSA) 2020 traffic safety report, there were a staggering 4965 fatalities nationwide in crashes involving large trucks.

For immediate legal assistance from an experienced Fort Lauderdale truck accident lawyer contact the legal team at Schilling & Silvers Personal Injury & Car Accident Lawyers today.

What Are Some of the Types of Truck Accidents in Fort Lauderdale, Florida?

Truck accidents can vary significantly based on their causes, vehicle types, and the incident’s circumstances. Understanding the various types of truck accidents can help identify potential risks and legal avenues for victims. Here are some common types of truck accidents that occur in Fort Lauderdale:

Rear-End Collisions: These accidents happen when a truck hits another vehicle from behind. They can result from sudden stops, distracted driving, or tailgating.
Jackknife Accidents: This type occurs when a truck’s trailer swings out and forms an angle with the cab. It typically happens during hard braking or adverse weather conditions, making it difficult for the driver to maintain control.
Rollovers: Trucks can overturn due to sharp turns, excessive speeds, or improper loading. Due to the weight and size of the vehicle, rollover accidents often lead to severe injuries.
Side-Impact Collisions: Also known as T-bone accidents, these occur when a truck strikes another vehicle from the side. They are particularly dangerous for smaller vehicles and can lead to severe injuries.
Head-On Collisions: When a truck collides with another vehicle coming from the opposite direction, it often results in catastrophic outcomes. These accidents can happen due to driver fatigue or reckless driving.
Cargo Spills: If a truck’s cargo is not secured correctly, it can spill onto the road during transit, creating hazardous conditions for other drivers and leading to accidents.
Blind Spot Accidents: Trucks have significant blind spots where smaller vehicles can go unnoticed. Accidents often occur when a driver attempts to change lanes without ensuring safety.
Under-ride accidents happen when a smaller vehicle slides underneath a truck during a collision. The occupants of the smaller vehicle can suffer devastating injuries.
Multi-Vehicle Pileups: Trucks can be involved in multi-vehicle accidents in congested areas or during adverse weather conditions. These incidents can cause significant damage and multiple injuries.

Each type of truck accident presents unique challenges for victims seeking compensation. If you or a loved one has been involved in an accident involving a truck, consulting an experienced Fort Lauderdale truck accident attorney can help you navigate the legal process and pursue the justice you deserve.

What Are Some of the Factors Contributing To These Trucking Accidents in Fort Lauderdale?

Truck accidents in Fort Lauderdale can be caused by various factors linked to driver behavior, mechanical failures, and external conditions. Understanding the root causes is essential for addressing safety concerns and preventing future accidents. Below are some of the most common causes of truck accidents in the area:

Driver Fatigue: Truck drivers often work long hours to meet tight deadlines, leading to fatigue. Tired drivers may have slower reaction times or even fall asleep at the wheel, increasing the likelihood of accidents.
Distracted Driving: Distractions such as using a cell phone, eating, or adjusting the radio can divert a truck driver’s attention from the road. Even a momentary lapse in concentration can result in a severe accident.
Speeding: Trucks require a longer distance to stop due to their size and weight. When drivers exceed speed limits, they have less time to react to hazards, making accidents more likely and severe.
Improperly Loaded Cargo: If cargo is not correctly loaded or secured, it can shift during transit, causing the truck to become unbalanced. This can lead to rollovers or cargo spills, which can cause significant accidents.
Poor Maintenance: Trucks require regular maintenance to ensure safe operation. Neglected maintenance often results in brake failures, tire blowouts, and other mechanical issues, leading to dangerous accidents.
Reckless Driving: Aggressive driving behaviors such as tailgating, sudden lane changes, and failure to signal can cause accidents. Due to the size and power of their vehicles, truck drivers are hazardous when exhibiting these behaviors.
Adverse Weather Conditions: Rain, fog, and strong winds can make it difficult for truck drivers to control their vehicles, especially when roads are slick or have poor visibility.
Driving Under the Influence: Alcohol or drug use impairs a driver’s ability to make sound decisions and respond quickly to changing conditions. While less common among truck drivers, these incidents still occur and often have catastrophic consequences.

The Dangers of Sleep Deprivation

Sleep deprivation takes a heavy toll on mental, emotional, and physical well-being. Even if you don’t feel sleepy, lacking enough sleep may impair your concentration, judgment, and physical performance. You may also exhibit irrational or aggressive behavior. Our legal team has seen how this is what happens to truck drivers who work long hours without enough rest or sleep.

According to the Federal Motor Carrier Safety Administration’s (FMCSA) latest data, 13% of all truck accidents are associated with driver fatigue. And as it turns out, sleep deprivation is a major contributor to driver fatigue and burnout.

How Does Drowsiness Affect Truck Drivers?

Drinking and driving do not mix—that’s pretty much common sense. But did you know that driving while sleep deprived is similar to driving while intoxicated? The CDC reckons that staying awake for 17 hours is similar to having a BAC (Blood Alcohol Concentration) of 0.05%, while staying up for 24 hours straight is like having a BAC of 0.10%. For reference, the legal blood-alcohol limit for drivers in Florida is 0.08.

In a nutshell, driving while drowsy has the same effect as driving while under the influence. A sleep-deprived driver is slow to react and less aware of their surroundings, not to mention their compromised emotional state. In the worst-case scenarios, drowsy and fatigued drivers doze off and lose control of their rigs, causing devastating road accidents.

Why There Are Drowsy Truck Drivers on the Road in Fort Lauderdale, Florida

The FMCSA restricts the number of hours a trucker can drive in one shift. A trucker may drive up to 11 hours after ten consecutive hours off duty. They may also not drive more than 70 hours over seven consecutive days without taking at least 34 hours off duty.

However, some drivers dismiss these rules due to pressure from work or the employer. Others are all too eager to rack up as many hours or miles as possible to get a bigger paycheck at the end of the day. Sometimes, the driver just doesn’t realize how much they need to rest or sleep and drives on, oblivious to the peril they pose on the road.

Understanding these causes can help victims and their families pursue appropriate legal action and hold the responsible parties accountable.

To learn more about the common causes of truck accidents, reach out to our experienced Fort Lauderdale truck accident lawyers today. We offer free case evaluations and are never too busy to speak with you.

Are There Rules and Regulations For Truck Drivers in Florida?

Florida truck drivers must follow various state and federal regulations to ensure road safety. These rules cover everything from driver qualifications to vehicle maintenance and working hours, helping to reduce the risk of accidents.

State-Level Regulations

On a state level, the Florida Department of Transportation (FDOT) enforces laws that govern commercial trucking operations. These include vehicle size, weight limits, and load distribution regulations to ensure trucks can be operated safely on Florida roads.

Truck drivers must also hold a valid Commercial Driver’s License (CDL), which requires passing written and driving tests specific to operating large vehicles. Additionally, Florida law mandates regular vehicle inspections to catch and fix mechanical issues before they lead to accidents.

Federal-Level Regulations

At the federal level, the Federal Motor Carrier Safety Administration (FMCSA) sets regulations for interstate trucking. The FMCSA regulations include hours of service limits, which dictate how long drivers can be on the road before taking mandatory breaks.

This is critical for preventing fatigue, one of the leading causes of truck accidents. There are also strict rules regarding drug and alcohol testing, ensuring drivers are fit to operate their vehicles.

Another crucial federal regulation concerns truck maintenance and inspection. Drivers must complete pre-trip and post-trip inspections to ensure their vehicle works properly. If any defects are found, they must be addressed before the truck can continue operating.

Truck drivers can help make Florida’s roads safer by adhering to these rules and regulations. However, when these regulations are ignored or violated, the risk of accidents increases, and responsible parties can be held accountable through legal action.

Why Are Truck Accident Claims in Fort Lauderdale More Complicated Than Other Claims?

The process of claiming compensation after a truck accident can get complicated fast, especially if the claimant has not partnered with a Fort Lauderdale personal injury lawyer. Many claimants in truck accident cases actually get frustrated along the way and wind up settling for much less than what they’re owed or walking away with nothing.

Here are the three main reasons why truck accident personal injury claims are so complicated:

Truck Accidents Often Result in Severe Damage

A fully-loaded semi-truck can weigh up to 80,000 pounds (40 tons)—20 times heavier than the average passenger car. Even for a truck traveling at fairly low speeds, all that weight carries immense momentum.

Also, trucks are much tougher compared to other road vehicles. Most trucks have heavy-duty body panels, chassis, and frames built from thick steel or aluminum. On the other hand, passenger vehicles typically have shells made of comparatively fragile composites.

With their immense mass and sturdy build, heavy trucks are more like battering rams on wheels. They pack a heavy punch during collisions with other vehicles or road users. Many traffic crashes involving heavy trucks are utterly devastating in terms of severity of injuries and extent of property damage.

For this reason, most personal injury claims for truck accidents have lots of cost/damage considerations. And the more the claims, the more the paperwork, and the longer the case drags out. As you can imagine, the defendant (insurer, driver, or trucking company) will want to fight you on every claim to ensure they only pay the lowest compensation possible.

Trucks are Categorized as Commercial Vehicles

Florida Statute 320.01(26) defines a “commercial vehicle” and it is more than just a distinction between commercial and noncommercial vehicles.

It means that commercial vehicles, including trucks, are registered and insured differently than other types of vehicles.

Additionally, commercial vehicle regulations fall under unique state laws. For instance, truck drivers must meet specific requirements to obtain a commercial driver’s license. Other laws and industrial standards may also apply, depending on the truck’s route, layout, and cargo.

All this adds to the complexity of personal injury claims involving truck crashes.

There are Several Entities Involved

A truck accident personal injury case may involve several parties in the claim process. Depending on the nature of your case and the at-fault party, you may claim compensation against the truck driver, the trucking company, the truck company’s insurer, the person or company whose goods were being transported at the time of the accident, or the truck’s manufacturer. And in most cases, you’ll be dealing with more than one party regardless of who was at fault for the accident.

Most commercial truckers work for limited liability trucking companies that are cleverly structured to protect themselves and their drivers from personal injury liabilities. Also, the insurers covering these companies have strict policies surrounding “fault” and “liability.” Since nobody wants to own up or pay up, the ball gets tossed around all the different parties using obscure bureaucracies.

Unfortunately, none of this makes the case any easier for the plaintiff or their Fort Lauderdale truck accident attorney, mainly because negotiating with or suing each party requires a unique strategy.

The stakes are usually pretty high in commercial truck accident cases, which is why the defendant(s) fights so aggressively against personal injury lawsuits in Fort Lauderdale. As a claimant or plaintiff in a truck accident lawsuit, you need an equally aggressive claim to stand any chance of compensation.

And that’s where an experienced truck accident attorney in Fort Lauderdale comes in. At Schilling & Silvers Personal Injury & Car Accident Lawyers, we pull out all the stops to ensure our clients get triumphant legal representation against otherwise stubborn defendants.

Establishing Fault in a Fort Lauderdale Truck Accident Case

Florida is a no-fault state, meaning that the truck’s auto insurance policy should cover all the damages regardless of who’s fault caused the accident. However, you can file a claim if the insurance policy isn’t enough to cover all your injuries or damages. A personal injury case is filed against the at-fault party.

In other words, you must prove that the accident occurred due to someone else’s fault (negligence), resulting in injuries/damages that caused you monetary or non-monetary losses.

Proving fault is where truck accident cases get really challenging. Several independent players are involved in the trucking business, and any one of them could be held responsible for an accident. Let’s look at the potentially liable parties in a truck accident:

The Truck Driver

Most road crashes result from driver error, and truck accidents are no different. Not to bash on truckers, but the driver is evidently the weakest link in any vehicle. Based on NHTSA’s findings, of all the truckers involved in fatal crashes in 2021, 21.3% had previously recorded crashes, 0.9 had previous DWI convictions, 18.8% had at least one prior speeding conviction, and 7.3% had previously had their license revoked or suspended.

A truck driver can be found responsible for a truck accident in many different ways. Here are some of the common driver errors that can lead to an injury-causing crash in Broward County:

Driving while intoxicated
Driving for extended periods without taking well-deserved breaks or naps
Distracted driving, for example, talking or texting on the phone, fiddling with the stereo, or snacking while driving
Over-speeding and tailgating
Carelessly switching lanes or overtaking
Ignoring traffic rules, directions, or signs
Disregarding mandated caution when transporting special goods such as hazardous cargo and wide loads

The Trucking Company

The trucking company the driver works for or that owns the truck could be liable for a truck accident. However, tying the trucking company to a crash can be difficult. And since the driver and the company are usually tightly intertwined, it can be hard to tell who was responsible for what.

All in all, the trucking company can at least share some of the blame in the following situations:

The company/employer pressured the driver to work overtime and skip breaks
The company hired an underqualified or unlicensed driver
The company violated FMCSA safety regulations
The company failed to keep the truck in good working condition

The Truck’s Manufacturer

Unexpected and unavoidable vehicle malfunctions cause some truck accidents. For instance, failed brakes, wonky steering, defective couplings, and tire blowouts are common culprits of truck accidents. And in some cases, such malfunctions stem from defective trucks or spare parts, meaning the manufacturer can be solely or partly to blame for the accident.

Keep in mind that suing a truck or spare parts manufacturer for personal injury can easily escalate into a mass tort or class action lawsuit. Chances are, the manufacturer sold more than one defective truck or auto component.

The Cargo’s Owner

The person or company whose cargo was being transported during the accident could be responsible for the crash. That might seem farfetched, but if you can prove that the cargo’s owner played a role in the accident, it will definitely hold up in court. Maybe they ignored some safety precautions, gave the wrong routing or cargo handling instructions, or cut some corners to save money on hauling fees.

Other Third-Parties

Other potentially liable entities may include:

The negligent individuals or company tasked with maintaining, servicing, and repairing the truck
The crew that loaded the truck with a poorly balanced or unsecured cargo
The truck inspector for failing to notice imminent malfunctions
The government authorities that failed to maintain the road or direct traffic properly

The Injured Party

The injured party (claimant or plaintiff in a personal injury case) could be partly liable for the accident. As ironic as it sounds, “victims” in personal injury cases can share the blame for their injuries.

Florida recently modified its negligence laws. As of March 24, 2023, a plaintiff in a personal injury case can only recover damages if they are less than 50% to blame for the accident. Also, the compensation will be awarded depending on the plaintiff’s share of the fault. For instance, if the court determines you were 20% responsible for a truck accident, you may only claim 80% of the available compensation.

As a plaintiff, you could be held partly responsible for a truck crash in many different ways. It could be that you ignored traffic rules, refused to yield to the truck, or were intoxicated at the time of the accident. Under the newly modified comparative negligence law, the trick to winning such a case is proving that your fault was considerably less than the defendant’s fault.

In any case, proving fault requires gathering irrefutable evidence and building a solid case that works in your favor. Again, an experienced Fort Lauderdale truck accident attorney can help you argue your way out of blame and bring the liable parties to justice.

What Types of Evidence Will Strengthen My Truck Accident Claim in Fort Lauderdale, Florida?

Building a substantial truck accident claim in Fort Lauderdale requires gathering solid evidence demonstrating liability and the extent of your damages. The more comprehensive the evidence, the more your case will be when seeking compensation. Below are some crucial types of evidence that can strengthen your truck accident claim:

Police Reports

One of the first pieces of evidence you’ll need is the official report from the Fort Lauderdale Police Department. This document provides essential details about the accident, including witness statements, the officer’s observations, and any citations issued. A police report offers an unbiased third-party account of the crash, making it valuable in establishing fault.

Eyewitness Testimony

Eyewitnesses can provide vital firsthand accounts of the accident, including what they saw before, during, and after the crash. Their testimony can corroborate your version of events and help clarify how the accident occurred, mainly if there’s any dispute over fault.

Photos and Videos

Photographs and videos taken at the scene can be extremely helpful. These images can show the positioning of the vehicles, road conditions, weather, and visible damage to your vehicle. Dashcam footage, if available, can offer a clear visual record of the moments leading up to the crash.

Black Box and Event Data Recorder (EDR)

Commercial trucks have a “black box” or Event Data Recorder (EDR). This device captures crucial information, such as the truck’s speed, brake usage, and throttle position, just before the accident.

Securing this data can provide concrete evidence of the truck driver’s actions or mechanical issues contributing to the crash. As EDRs automatically record data, they offer an unbiased account that can be pivotal in proving fault.

Medical Records

Your medical records document the extent of your injuries and connect them directly to the accident. These records are crucial to proving your physical and emotional damages. Ensure you record treatments, diagnoses, and doctor visits to substantiate your compensation claim.

Expert Testimony

In more complex cases, accident reconstruction experts or medical professionals may be necessary to provide testimony. These experts can analyze the accident scene or your injuries to offer insight that strengthens your claim.

This evidence is essential for proving your truck accident claim in Fort Lauderdale. Obtaining EDR data and securing eyewitness testimony early on can significantly impact the outcome of your case, helping you get the compensation you deserve.

How Much Money Can I Get For My Fort Lauderdale Truck Accident Lawsuit?

The compensation you can receive for a Fort Lauderdale truck accident lawsuit depends on several factors. Each case is unique, and the final settlement or verdict will be based on the specific details of your accident and the extent of your injuries.

Truck accident victims often seek compensation for damages, including medical bills, lost wages, and pain and suffering.

Types of Compensation

Victims of truck accidents are entitled to pursue two primary types of damages: economic and non-economic.

Economic Damages are measurable losses like medical expenses, property damage, and lost income. If your injuries prevent you from working, you can seek compensation for past and future lost wages. Ongoing medical care, including surgeries or rehabilitation, may also be covered under economic damages.
Non-Economic Damages: These include compensation for emotional distress, pain and suffering, and the loss of enjoyment of life. While more challenging to quantify, these damages reflect the emotional and mental toll the accident has taken on your life.

Factors Affecting Your Compensation

The amount of compensation you can recover is influenced by several factors. Some of the most important include:

Severity of Injuries: Serious or catastrophic injuries generally lead to higher compensation because they involve much greater medical expenses and impact on quality of life.
Liability: As stated, Florida follows a comparative negligence rule, meaning your compensation can be reduced if you are found partially responsible for the accident. If you are deemed 20% at fault, your compensation will be reduced by that percentage.
Insurance Policy Limits: The at-fault party’s insurance coverage significantly determines the compensation available. Trucking companies often carry more extensive insurance policies, but these policy limits may still cap the total compensation.
Long-Term Impact: If your injuries have long-term effects on your ability to work or require ongoing medical care, your compensation will reflect those future losses.

While there is no set amount for a truck accident settlement, understanding the factors that impact your case can give you a clearer idea of what to expect. An experienced Fort Lauderdale truck accident lawyer can help assess your case and pursue the compensation you deserve based on your circumstances.

Fort Lauderdale, Florida

The roads in and around Fort Lauderdale, Florida, are heavily traveled by commercial trucks, which is no coincidence. The state’s geographic advantages primarily drive Florida’s thriving trucking industry. Positioned as a central hub for trade and transportation, Florida has extensive access to ports, railways, and major highways that connect it to the rest of the country.

For example, Port Everglades, located in Fort Lauderdale, is a critical point for the distribution of goods both domestically and internationally. This proximity to major shipping routes makes it a hotspot for trucking activity, as goods constantly move in and out of the area.

In addition to its coastal location, Florida’s year-round warm climate allows for uninterrupted trucking operations. Unlike other states that face snowstorms or icy conditions, Florida’s roads remain accessible throughout the year, making it ideal for freight transportation.

The state’s agricultural sector is critical in generating freight traffic as Florida is one of the nation’s leading producers of fresh fruits and vegetables. Beyond agricultural products, Fort Lauderdale also sees high volumes of construction materials, machinery, and petroleum products passing through, fueling the city’s local economy and development.

This strategic location, favorable weather, and a diverse range of transported products make Fort Lauderdale a bustling hub for trucking activity. As a result, residents and visitors will continue to see many trucks sharing the roads daily.

Resources For Victims of Truck Accidents

Fort Lauderdale has several healthcare facilities offering a wide range of treatments, including physical and wellness therapies.

Santiso Physical Therapy offers expert physical therapy and rehabilitation services. They are located at 2419 E. Commercial Blvd., Suite 201, Fort Lauderdale, FL 33308.
Wales Garage: If you need to repair your vehicle after an unfortunate accident, you can trust this shop to put it back on the road good as new.
State Auto Body: Specializing in vehicle repair and restoration, State Auto Body offers comprehensive services for vehicles involved in collisions. It is well-known for its high-quality workmanship.
Ramsey Paint & Body Inc.: If you need expert paint and bodywork, Ramsey Paint & Body has decades of experience in vehicle restoration. From minor scratches to major repairs, they’ve got you covered.
Fort Lauderdale Onsite Truck Repair: This mobile truck repair service specializes in 24/7 roadside assistance and fleet maintenance. It offers convenient repairs right at your location, ensuring minimal downtime.

Experienced Truck Accident Law Firm in Fort Lauderdale, Florida

As soon as you or a loved one are in an accident with a large commercial vehicle, it is critical to your case for financial compensation and recovery that you contact an experienced Fort Lauderdale truck accident lawyer. To schedule an appointment with Schilling & Silvers Personal Injury & Car Accident Lawyers, please fill out our contact form to arrange for your free, no obligation consultation.

In addition to Fort Lauderdale, our attorneys also serve Hialeah, Hollywood, Pompano Beach, North Lauderdale, Lauderdale Lakes, Wilton Manors, Lazy Lake, and more.

Fort Lauderdale Truck Accident Attorney