Fort Lauderdale 18-Wheeler Accident Lawyer

Hurt in an 18-Wheeler Crash in Fort Lauderdale

A fully loaded 18-wheeler can weigh up to 80,000 pounds, many times more than a passenger car. When a truck that size hits a car, motorcycle or pedestrian, the people outside the truck take most of the force. These crashes often cause brain injuries, spinal cord injuries, broken bones and deaths.

Truck crash claims also tend to be more involved than car crash claims. The driver, the trucking company and their insurers may all be involved, and key evidence such as driver logs and onboard data is in the trucking company’s hands.

For immediate legal assistance from an experienced Fort Lauderdale 18-wheeler accident lawyer, contact our law firm today. At The Bald Injury Lawyers, we are open 24 hours a day, 7 days a week to offer legal guidance for accident and injury victims in Fort Lauderdale.

Do Accidents Involving 18-Wheelers Happen Often?

We all know that 18-wheeler accidents, given the sheer size and weight of these vehicles, can result in some of the most devastating road incidents. But just how often do they happen?

In 2021, Florida provided some insightful statistics regarding trucks and commercial vehicles. According to the Florida Highway Safety and Motor Vehicles (FLHSMV) Crash Facts Report, there were 30 fatalities regarding drivers and passengers in medium or heavy truck accidents in 2021. There were also 148 incapacitating injuries due to these accidents and 560 non-incapacitating injuries. These incidents highlight the potential risks of these massive vehicles on the road.

Also, it’s worth noting that Florida’s challenges with truck-related accidents are not isolated. On a national scale, the state stood out with concerning numbers. In 2021, Florida had the third-highest number of fatal truck accidents in the country, as highlighted by the data from the National Safety Council.

These statistics underscore the importance of road safety awareness, not just for truck drivers but all road users. It’s a collective effort to ensure that roads remain safe for everyone, especially in regions with high commercial traffic like Florida.

To learn more about 18-wheeler accident statistics in Fort Lauderdale, reach out to our experienced Fort Lauderdale 18-wheeler accident attorneys.

What Causes So Many 18-Wheeler Accidents in Fort Lauderdale?

These massive vehicles pose significant risks on the road, and understanding the causes behind these accidents can be the first step to prevention. So, why do so many 18-wheeler accidents occur in Fort Lauderdale? Let’s take a look at the biggest contributors below.

Driver Responsibility

The driver is found to be responsible about 87% of the time in these incidents. Here’s a breakdown of the reasons:

• Decision (38%) – These situations often arise from poor judgment. Examples include driving too fast for the current road conditions, misjudging the speed of other vehicles, or tailgating another car.
• Recognition (28%) – These accidents result from a lapse in the driver’s awareness. They could be distracted by a phone call, a billboard, or even just lost in thought. Perhaps they failed to notice a vehicle braking ahead or didn’t realize a traffic pattern had changed.
• Non-Performance (12%) – Non-performance is when things happen suddenly, catching the driver off guard. Maybe they fell asleep at the wheel, suffered from a heart attack or seizure, or were physically impaired due to some other unforeseen issue.
• Performance (9%) – Here, it’s not about making the wrong decision but rather about reacting incorrectly. A driver might panic when they see an obstacle, swerving too hard, or overcompensating for a minor road hazard.

Vehicle Issues

The truck itself can sometimes be the culprit.

• Brake Problems (29%) – These large trucks require robust braking systems. However, when those systems fail, it can lead to catastrophic results.
• Tire Problems & Cargo Shift (4%) – A blown tire or improperly secured cargo can change a truck’s trajectory or balance, leading to severe accidents.

External Factors

As Fort Lauderdale 18-wheeler accident lawyers we see that external factors can also contribute to the broad range of accidents in the city, and the most common factors include:

• Traveling Too Fast for Conditions (23%) – This doesn’t just mean speeding. It can also mean going too fast during heavy rain, fog, or other challenging weather conditions.
• Driver Unfamiliarity (22%) – Not all truckers know Fort Lauderdale’s roads. An unfamiliar route can mean missed exits or unexpected lane changes, leading to accidents.
• Roadway Problems (20%) – Potholes, inadequate signage, or sudden lane closures can all pose hazards, especially for large 18-wheelers.

For more information on the causes of 18-wheeler accidents in Fort Lauderdale, set up a consultation with a skilled Fort Lauderdale personal injury lawyer from our law firm today.

Do I Need to Hire an Attorney After an 18-Wheeler Accident in Fort Lauderdale?

If you’ve been in an 18-wheeler accident in Fort Lauderdale, it’s crucial to navigate the complexities of identifying all responsible parties. A knowledgeable legal representative can be invaluable. Let’s see why:

• Automobile Manufacturers – If a flaw in a truck’s design or manufacturing caused an accident, you may have a legal claim against everyone from the manufacturer to the retailer.
• Employees and Employers – In Fort Lauderdale, if an employee of a business causes an accident while on the job, you can hold the employer liable.
• Truck Drivers – Drivers who hold a commercial driver’s license (CDL) must be cautious and follow specific safety rules and federal motor carrier regulations. A driver who breaks those rules can be held responsible for the harm it causes. Even when the other party is not cooperating, a skilled attorney knows what questions to ask, what documents to look at, and what options to investigate.
• Trucking Companies – If an 18-wheeler accident in Fort Lauderdale was due to driver negligence or recklessness, the trucking company may be liable under Florida law, as they’re generally accountable for damages caused by their employees during work.
• Vehicle Owners – Under Florida’s Dangerous Instrumentality Doctrine, if a truck causes harm with the vehicle owner’s permission, that owner can be held liable. This encompasses both individual truck owners and companies.

Can I Sue a Trucking Company If the 18-Wheeler’s Driver Was Negligent?

In many cases, trucking companies can be held liable for their drivers’ actions, primarily if the incident occurred while the driver was on the job. This legal concept, in which an employer is held liable for its employee’s actions performed within the scope of their employment, can be critical in pursuing compensation through a personal injury claim following an accident.

Suppose the driver of an 18-wheeler gets caught texting or drinking while driving, resulting in a fatal accident. If that driver had a history of impaired driving, you or your Fort Lauderdale 18-wheeler accident lawyer could hold the trucking company liable by filing a wrongful death lawsuit.

The logic here is that the company should be accountable for their employees’ actions, especially if they were aware of (or should have been aware of) such behavior. Additionally, you may be able to hold the trucking companies directly liable in several situations:

• Encouraging Rule Breaking – Trucking regulations are in place for safety. If a company encourages its drivers to disregard these rules, such as driving more hours than legally allowed without breaks, you can hold them directly responsible for any resulting accidents.
• Hiring Issues – If a company knowingly employs a driver with a tainted driving record, a criminal background, or a history of health issues that could impair their driving, you could hold them liable.
• Supervisory Negligence – Proper supervision is critical in the trucking industry. If a company fails to monitor its drivers correctly, resulting in negligent behaviors, it can be held accountable.
• Training Deficits – Trucking is a profession that requires rigorous training. If an accident occurred because a driver didn’t get adequate training, the onus might fall on the company.

FMCSA Trucking Laws and Regulations

The Federal Motor Carrier Safety Administration (FMCSA) has established extensive regulations designed to protect both truck drivers and the general public. Here’s a quick rundown of some of the most important rules:

• Cargo Securement and Loading Regulations – Ensuring cargo is secured correctly is crucial to prevent accidents caused by shifting or falling loads. FMCSA has specific rules regarding how companies should secure different types of freight to ensure safe transportation.
• Drug & Alcohol Testing – Trucking companies must implement drug and alcohol testing for their drivers. This includes pre-employment, post-accident, random, and reasonable suspicion testing to ensure that drivers are not operating vehicles under the influence.
• Hours-of-Service – These rules limit the number of hours a truck driver can be on the road to prevent fatigue-related accidents. For instance, a driver is generally limited to 11 hours of driving within a 14-hour workday after 10 consecutive hours off duty.
• Qualification of Drivers – To operate a commercial vehicle, drivers must meet specific qualifications. This includes possessing a valid CDL, undergoing a medical examination, and maintaining a clean driving record.
• Truck Inspection, Repair, and Maintenance – Trucks must undergo regular inspections to ensure they’re safe for the road. Any defects or issues identified during inspections must get addressed and repaired promptly. They must also keep accurate records of all inspections, repairs, and maintenance activities.

Types of Fort Lauderdale 18-Wheeler Cases Our Law Firm Handles

At The Bald Injury Lawyers, our legal team has experience taking on a broad range of 18-wheeler cases, including the following:

Alcohol-Related Crashes

It is illegal for truck drivers to drink alcohol 4 hours before operating a commercial vehicle. If significant damage requires towing after an accident, drivers must submit to an alcohol test. If the investigation does not get completed within 2 hours of the accident, the carrier must explain the delay in court. Failure to administer these tests may indicate cover-ups.

Drowsy Driving Crashes

Truck drivers can only drive for 11 hours before taking a 10-hour break. They cannot work more than 14 hours in a row and must take a 30-minute break every 8 hours. Despite these regulations, some drivers, especially those under pressure, exceed these limits, resulting in fatigue-related accidents.

Intersection Accidents

Commercial trucks have limited maneuverability due to their size and weight. If a truck driver attempts to clear a traffic light too quickly or fails to stop in time at an intersection, the risk of severe accidents, such as T-bone collisions, increases significantly.

Rear-End Collisions

Commercial trucks weighing up to 80,000 pounds require a longer distance to come to a complete stop. Instant stops are impossible despite their advanced braking systems. Truck drivers who misjudge distances or react late frequently cause devastating rear-end collisions.

How Florida’s Comparative Negligence Law May Impact Your Claim

In Florida, comparative negligence plays a crucial role in personal injury claims. But what exactly is it, and how might it affect your case?

Florida follows a modified comparative negligence rule (Fla. Stat. § 768.81(6)). If you are 50 percent or less at fault, you can recover damages reduced by your share of fault. If you are more than 50 percent at fault, you cannot recover. For example, if you are 30 percent at fault on a $100,000 claim, you recover $70,000.

Two key references govern this principle in Florida:

• HB 837 – This bill provides detailed insights into various aspects of Florida’s negligence laws.
• Fla. Stat. § 768.81 – This statute explains how comparative fault works in Florida, including the rules and procedures for reducing damages based on an individual’s level of responsibility.

Always ask for the advice of an experienced Fort Lauderdale 18-wheeler accident lawyer to help you confront the complex nature of this system and maximize your potential recovery.

Schedule a Consultation With Our Truck Accident Law Firm in Fort Lauderdale Today

Our skilled legal team takes pride in our extensive experience as Fort Lauderdale 18-wheeler accident attorneys. Our history in the area demonstrates our commitment and experience in handling complex trucking accident cases. Our law firm offers outstanding legal representation when you need it the most, focusing on thoroughness and a commitment to our clients’ needs.

In addition to Fort Lauderdale, the experienced legal team at our law firm also serves Pompano Beach, Miami, Weston, Plantation, Hialeah, Sunrise, Davie, and more.

How long do I have to file an 18-wheeler accident claim in Florida?

For injuries caused by negligence on or after March 24, 2023, Florida generally allows two years from the date of the accident to file a lawsuit (Fla. Stat. § 95.11(5)(a)). Wrongful death claims must be filed within two years of the date of death. Some claims have different deadlines, so talk to a lawyer as soon as possible.

Can I sue for pain and suffering after a truck crash?

Florida’s no-fault law limits lawsuits for pain and suffering after car crashes. You can pursue those damages against the at-fault driver if the crash caused (1) significant and permanent loss of an important bodily function, (2) a permanent injury within a reasonable degree of medical probability, (3) significant and permanent scarring or disfigurement, or (4) death (Fla. Stat. § 627.737(2)).

What evidence matters in an 18-wheeler case?

Driver logs, electronic logging device and onboard computer data, maintenance and inspection records, drug and alcohol test results, and the driver’s hiring file can all show what went wrong. The trucking company controls much of this evidence, so it helps to have a lawyer ask for it to be preserved early.

Should I give a statement to the trucking company’s insurer?

You do not have to give the trucking company’s insurer a recorded statement. Talk to a lawyer first, and let your lawyer handle communication with the insurer.

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