Truck accident collisions are easily the most serious on Florida highways, and they are also among the most difficult when it comes to obtaining equitable financial compensation for victims. Trucking companies and their insurers are well-known within the legal industry for using any technicality they can find to avoid paying commensurate damages. Certain legalities such as the Florida “no-fault” insurance law can actually work to a trucking company’s advantage when the degree of injury is questionable regarding permanent nature.
State law is complicated in Florida
All claims for damages based on negligence in Florida must be approved by the state court, and trucking companies always force this legal action. State law requires injured victims to turn first to the PIP rider of their personal insurance policy before pursuing extended whole financial damages. This means that information is crucial for equitable damage recovery, including official documentation for both the driver and the employing trucking company. Examples of this documentation can include:
- Accident reports
- Alcohol and drug testing
- Electronic transport logs
- Photos and testimony from witnesses
Establishing serious injury
The primary threshold for pursuing general damages in a Florida truck accident is clearing the threshold for what is considered a serious injury. This is not necessarily a low-impact injury barrier; the legal statute has direct wording that controls the determination. In order to qualify for further pursuit of whole damages, the injury must consist of:
- Significant scarring or disfigurement
- Permanent loss of a bodily function
- Permanent injury prognosis
- Fatal damage
How a truck accident attorney may help
A Florida truck accident attorney is recommended in all cases because general damages for pain and suffering are not included in a typical PIP claim, and qualifying for filing an additional claim against negligent parties is not always easy. It takes extensive and detailed evidence to obtain whole damages, so an attorney may provide the necessary assistance to victims.