Pros and cons of settlement vs. litigation

Settling an accident case outside of court is the most ideal option for most of our clients. Avoiding litigation saves time and money. Perhaps the most favorable aspect of setting out of court is the guarantee of compensation. In some instances, an accident victim can achieve a better outcome by going to trial. Sometimes the other party refuses to settle for an amount that adequately compensates the plaintiff. If the plaintiff has a strong case, taking the case to trial increases the likelihood of the plaintiff receiving a higher payout from the defendant.

Florida as a no-fault state in truck accident cases

Florida law requires all car owners to carry auto insurance. Because Florida is a no-fault state, drivers must include Personal Injury Protection (PIP) coverage in their auto insurance policy. PIP allows the policyholder to receive compensation in the event of an accident. The policyholder is generally eligible to receive a payout without regard to whether he or she was at fault in the accident that caused his or her injury.

Florida implemented the PIP system to allow accident victims to receive compensation for their injuries more quickly. However, the system has its share of drawbacks. Victims may only receive compensation for up to 80% of their medical expenses up to a maximum payout of $10,000. The state’s PIP system also covers up to 60% of lost wages up to a maximum of $10,000. If an accident causes the victim’s death, the victim’s surviving family members may receive a payout of $5,000. If an accident victim’s damages exceed $10,000, the victim may file a personal injury claim to receive additional compensation. Consult a Wesley Chapel truck accident lawyer before filing a claim for PIP compensation.

Causes of truck accidents in Wesley Chapel

Truck accidents and car accidents can have very similar causes. However, there are a few additional variables that may factor into an accident that involves a commercial truck. Common causes of commercial truck accidents include:

• speeding
• hazardous road conditions
• visibility obstructions
• distracted driving
• driver intoxication
• driver inexperience
• cargo loading errors
• improper maintenance
• defective parts

A Wesley Chapel truck accident lawyer can help you determine the cause of the accident and file a claim for compensation. The legal professionals at Couture Law are here to fight for the compensation you deserve.

Identifying who is at fault

In the most straightforward truck accident scenarios, a truck driver behaves in a way that causes a collision with someone else. Most personal injury cases, including truck accidents, are based on the legal doctrine of negligence. A party negligently causes an accident if he or she fails to act in a reasonable manner to prevent a foreseeable harm from occurring to someone else.

Third-party defendants in Wesley Chapel commercial truck lawsuits

Sometimes more than one party may be at fault in a personal injury case. This is especially true of commercial truck accidents. There are several reasons why multiple parties may play a role in a Wesley Chapel commercial truck lawsuit.

Younger truck drivers on the road

The anticipated increase in demand for commercial truck drivers has prompted commercial trucking companies to increase their recruitment efforts. A change in federal law has allowed truck drivers to make interstate trips if they are at least 18 years of age. In previous years, federal law restricted interstate trips to drivers who were 21 or older. Although Florida commercial truck drivers are permitted to travel interstate routes if they are at least 18 years old. However, state law requires drivers to be at least 21 before they are permitted to accept interstate assignments.

Relaxed hiring and training practices

To meet the demand for more truck drivers, some employers accelerate their hiring and training programs. New drivers may be placed on the road earlier and with less experience than their previously-trained counterparts. As a result, driver inexperience may contribute to a truck accident.

Demanding schedules for drivers

As cargo loads and logistics needs have increased, drivers have become increasingly expected to take on more demanding schedules with shorter turnaround times. As a result, drivers are more likely to be fatigued. The commercial trucking industry requires employers to limit the number of hours drivers can work before taking time off to rest. However, drivers and employers are often inclined to exceed industry guardrails that are aimed at reducing the number of fatigued drivers on the road. In response to the pressure to meet stringent deadlines, drivers may also feel tempted to take stimulant drugs while operating a commercial truck.

Cargo station errors

The cause of a truck accident sometimes originates from an error that occurs before a truck driver hits the road. Employee error at cargo loading stations may cause a truck's load to be unbalanced or improperly secured. An unbalanced load may increase the risk of a truck jackknifing, which can cause a sudden obstruction in several lanes of traffic. An improperly secured load may cause cargo to spill onto the road and create hazards for surrounding vehicles.

Elements in a negligence-based truck accident case

To prove negligence in a Wesley Chapel truck accident case, the plaintiff must establish four elements:

• duty
• breach
• causation
• damages

Failure to prove any one of the four elements generally results in the defendant winning the case. When you call Couture Law, we will carefully examine the details of your case to determine whether all four required elements are provable.

Duty of care in Florida personal injury cases

A duty of care is a legal responsibility to keep people safe from a foreseeable harm. An example of a duty of care is the responsibility a shop owner owes to customers. The shop’s employees may uphold the duty to prevent falls by neatly maintaining the store and promptly cleaning up spills. Depending on the facts of a case, the defendant may not owe the plaintiff a duty based on where the accident took place, how the accident happened, and the plaintiff’s reason for being at the scene of the accident. In a truck accident case, the defendant may not owe the plaintiff a duty if the plaintiff was speeding, operating a vehicle in an unusual manner, or driving in an area that is restricted to trucks only.

BREACH OF DUTY

Even if the plaintiff proves the defendant owed the plaintiff a duty of care, the plaintiff is also required to successfully establish that the defendant breached the duty. A defendant breaches a duty owed to the plaintiff when the defendant fails to behave in a reasonable manner to safeguard the plaintiff from foreseeable harm. The defendant does not breach the duty owed if the plaintiff’s injury occurs as a result of an unforeseeable harm. For example, Florida courts are unlikely to find that a truck driver is liable in an accident that occurs as a result of a person falling from a tree onto a commercial truck as the truck passes by. Although truck drivers owe a duty of care to others who are in close proximity to the truck, someone falling out of a tree onto a truck is an unforeseeable incident.

CAUSATION IN NEGLIGENCE-BASED TRUCK ACCIDENT CASES

Plaintiffs are also required to establish a link between the defendant’s negligent behavior and the plaintiff’s injury. Courts generally use the “but for” test to determine whether the defendant’s behavior caused the plaintiff’s injury. In applying the test, courts ask, “But for the defendant’s negligent actions, would the harm have taken place?”

DAMAGES IN PERSONAL INJURY LAWSUITS

"Damages" refers to the financial compensation a plaintiff receives upon winning a personal injury lawsuit. The plaintiff’s attorney must prove that the plaintiff’s injury caused the plaintiff to suffer a compensable loss. Damages may be tangible or intangible. Examples of tangible economic losses include:

• medical expenses, including medical visits, equipment, supplies, and services
• lost income due to the plaintiff taking time off from work
• ongoing and future medical treatments, including rehab, therapy, and in-home care
• future lost income due to disability
• funeral expenses if the accident caused the victim’s death

Intangible damages are often more challenging to quantify. Some examples of intangible damages include:

• pain and suffering
• dmotional distress
• loss of parental guidance
• loss of consortium
• changes in quality of life

Knowing how much a personal injury case may be worth is often challenging for the average person. Your Wesley Chapel truck accident lawyer can help you determine the amount of damages you should request when filing your claim.

In Florida truck cases, accident victims typically receive compensatory damages, which are intended to cover the victim’s financial losses. In some instances, a court may also order a defendant to pay punitive damages, which are intended to discourage the defendant and others from engaging in similar behavior in the future.

Wesley Chapel lawyer for truck accident cases

In the event of a truck accident, seeking medical attention outweighs all other priorities. However, after receiving the necessary medical care, getting in touch with a Florida truck accident attorney should be the next phone call. Couture Law is Wesley Chapel’s trusted truck accident law firm. With more than 15 years in business, we are qualified to handle truck accident cases that range from having the most straightforward fact patterns to very complex matters. Before accepting any offer from the insurance company, contact our talented legal team. Call Couture today to receive a free case evaluation. A member of our team will follow up with you and review the facts of your case to determine your best legal options.