You could take legal action against the truck driver or trucking company for the rear-end collision. A regular car accident in Fort Lauderdale falls under Florida’s no-fault laws, which means you must first use your Personal Injury Protection or PIP to cover the cost of damages. However, trucks follow a different set of insurance regulations as they pose more risks on the road.
The Federal Motor Carrier Safety Administration (FMCSA) requires public liability insurance for trucks, which will pay for the injuries and property damage they cause in an accident. It also covers their environmental damage costs. You could file a third-party claim with their insurance provider to have your rear-end accident-related expenses paid.
A trucking company may likely carry more insurance than the minimum required to avoid dealing with a lawsuit. But if the damages exceed the coverage they can provide, you could directly file a case against them instead.
What Forms of Compensation You May Seek
You could recover the accident-related costs. These include damages such as medical treatments and vehicle repairs. If the rear-end collision killed a loved one, you could also get compensated for wrongful death damages such as funeral and burial expenses. You might also receive non-economic damages that compensate you for your pain and suffering.
Do note that Florida’s comparative fault law may affect your recovery in the rear-end truck collision case. If you are found partly at fault, your recoverable damages will be reduced based on the percentage of liability you share. Just because the truck rear-ended your car does not mean they are automatically responsible for the crash. You still need to gather sufficient evidence to prove it.
How Much Time You Have to Sue
As with other Florida accident cases, you have up to four years to file your claim as stipulated in the statute of limitations, according to Florida Statutes §95.11. This is regardless of whether you suffered injuries, property damage, or both. However, if the rear-end collision resulted in death, you only have two years to do so. Be sure to submit within the allotted time, as your case will be dismissed if it misses the deadline.
You can ask an attorney for help to determine exactly how much time you have left. They can also check your progress and assist you in working on your case to finish it faster.
We Can Provide Legal Support
While you can sue for truck rear-end collision, it can involve a long and arduous process. For one, you would have to learn all the local and federal laws that regulate trucks. You would also need to spend time gathering evidence and presenting it as per the court’s requirements, which will require legal expertise.
Fortunately, the Law Offices of Anidjar & Levine can help. We have handled trucking, Fort Lauderdale motorcycle accidents, and other types of auto accident cases in Fort Lauderdale and various parts of Florida since 2005. We can serve as your legal representative when negotiating with insurance providers or bringing your case to trial.
To get started, you can call 1-800-747-3733.
We Can Help.
