Recent Changes in Truck Accident Regulations and How They Affect Miami Drivers
Research shows that roughly 170,000 accidents involving trucks occur in the United States each year. When added to the fact Florida sits third on the list of states with the highest number of fatal car accidents, it’s clear that Miami drivers should be aware of the latest regulations and how they may be affected by them,
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Here at the Law Office of Cary Woods II, our experienced attorneys are well versed in all aspects of law in Florida including truck accident regulations and the changes that have come into effect over the past 12 months. Having already helped hundreds of road accident victims in the Magic City, we are perfectly positioned to help you too.
In this quick guide, we’ll answer all of your key questions relating to the recent changes in truck accident regulations and how they affect Miami drivers and road users.
Why Have Florida’s Truck Accident Regulations Changed?
Given that statistics show a continued growth in truck accidents, including fatal crashes, several new regulations have been introduced in recent years. The “move over” law, for example, is designed to make the roads safer while changes to the Hours of Service regulations have imposed tighter rulings on how many hours commercial truck drivers are allowed to drive for without taking breaks.
Some of the reasons for changing regulations include the high percentage of fatal crashes involving trucks or large vehicles. Underride crashes, when cars go underneath the body of a truck from the rear or either side, are a particularly noteworthy point.
When it comes to legal regulations surrounding truck accidents and consequential lawsuits,though, it could be perceived that the laws actively protect truck drivers and companies.
While it is proposed that the updates are designed to prevent excessive payouts on frivolous cases, many argue that this simply makes it harder for genuine victims. In particular, they suggest that new regulations serve to limit the financial exposure of trucking companies rather than stop false claims.
As such, anyone who is injured due to a crash must call an attorney specializing in road accidents and personal injury lawsuits.
What Changes Have Been Made to Florida’s Truck Accident Regulations?
Several changes have been made to the truck accident legislation in Florida. Victims looking to claim compensation for their injuries or the wrongful death of a loved one following a road accident should first know that the statute of limitations has been reduced from four years to two. So, you have just 24 months from the date of the incident to make the claim.
Last year, the Sunshine State also adopted a “modified comparative negligence” approach to trucking accident cases. Drivers who were partially responsible for the road accident are still able to claim for a partial payout that is determined by the percentage of the incident that the other party was liable for. However, there are now circumstantial restrictions on when a victim can make this type of claim, making it a more challenging situation for drivers compared to the former “pure comparative negligence” regulations.
The new regulations were introduced by Governor Desantis and notably state that “a plaintiff who is found to be more than 50 percent at fault for his or her own harm may not recover damages from any defendant”. While it does not extend to issues like medical negligence, it does cover road accidents including trucking incidents.
It is perhaps easiest to look at the changes and how they impact by taking a look at an example. Let’s suppose that Driver A has an accident involving Trucker B with the total damages being $600,000.
- If Driver A is deemed to be 25% responsible, they could claim 75% of the damages from Trucker B. In this case, the payout would be $450,000. This would be the same figure under the modified comparative negligence as would have been the case under the former pure comparative negligence.
- However, if Driver A is deemed to be 50% responsible for the accident, they will not be able to claim anything under the new regulations. So, they will have essentially lost out on what would have been a $300,000 payout under the old rulings. Similarly, any other payout from 1% to 49% would now be invalid.
Perhaps most worryingly, defendants (trucking companies and insurers) only have to argue that the plaintiff was at least 50% responsible for the accident to remove themselves from all potential financial liability. Given that the average cost of a truck accident is $382,000, defendants understandably go the extra mile to avoid liability.
How Should Miami Drivers Respond to a Truck Accident?
When you are involved in a truck accident on the roads of Miami, your health is the most important thing by far. A large percentage of crashes involving larger vehicles will result in significant injuries for the driver and passengers of the smaller vehicle. Given that payouts can cover lifelong medical bills relating to injuries, drivers should show no hesitation in securing the healthcare attention that they deserve.
While it is a scary and confusing situation, potential claimants must also try to stay calm so that they can successfully begin to build their case. Several positive steps may be taken in this instance. Firstly, victims must take down the details of the truck driver and the company they drive for, not least because it’s very likely that freight drivers will be from another state. Information should extend to license plate numbers and other identification data.
Other steps that must be taken by divers include;
- Making note of the date, time, and place of the incident,
- Ensuring that a medical record of your injuries is made,
- Gaining receipts for all medical costs as well as therapy and treatments,
- Keeping receipts for repairs to your vehicle,
- Securing witness statements from anyone who saw the incident,
- Calling the police to ensure that the incident is recorded.
In addition to making the right moves, it’s equally vital to avoid potentially damaging action. For example, you should not post anything on social media. More importantly, you must never admit any liability as this could come back to haunt you in court.
Above all else, working with a dedicated lawyer who understands the current truck accident regulations and how to prove another party’s liability is essential. They can help compile evidence, prepare the case, and push for the settlement that you deserve covering everything from medical bills to lost earnings or other related expenses.
What Other Regulations May Be Relevant to a Truck Accident Case?
As well as the direct truck accident regulations, drivers should be aware of road safety regulations in Florida. When thinking about who is at fault for an incident, there are several issues that could contribute including but not limited to;
- Was either driver distracted by smartphones or other devices?
- Did one of the parties fail to obey the highway codes?
- Was a driver weaving in and out of traffic?
To determine that the other person was guilty of negligence, it must be shown that they had a duty of care that they failed to uphold. Injuries and incurred losses must subsequently be shown to be a result of the truck driver’s neglect.
Most trucking companies are insured for at least $750,000. So, successful claimants have a great opportunity to secure the payout that they deserve. However, it should be noted that joint and several liability has now been banished. Previously, victims could split their damages across multiple defendants. For example, a $250,000 payout could be $50,000 from the diver and $200,000 from a third party company like a loading business. This meant users had a better chance of a full payout.
Under the current rulings, compensation must come from one negligent party. So, in this instance, the driver may only need to pay $50,000 due to their percentage of fault while an uninsured loading company without the means to pay their $200,000 won’t have to. In other words, the victim will only gain 20% of the anticipated payout. A professional attorney can stop this from becoming a problem.
Contact Miami’s Premier Personal Injury Lawyers Today
Given that the new regulations have made it even more difficult for victims to get the justice and financial compensation that they deserve, it is now essential for plaintiffs to work with highly professional and experienced attorneys. This ensures that your case can be presented to the full extent of the current laws, proving the other party’s negligence and pushing to confirm that they are responsible for at least 51% of the damages.
Aside from ensuring that cases are made with the latest regulations in mind, it allows you to focus on getting your life back on track. Whether this means seeking medical attention for your injuries or getting your vehicle back on the road, it will be far easier to do this when you are not weighed down by the stresses of preparing a case.
To find out more about truck accident regulations and whether you have a personal injury case, get in touch with the Law Office of Cary Woods II for a free case evaluation today.
