West Palm Beach Truck Accident Lawyer

The massive trucks that we share our roads with can weigh upwards of 80,000 pounds, which helps to ensure that truck accidents are among the deadliest out there. If a truck driver’s negligence leaves you injured in a truck accident, it’s time to consult with an experienced West Palm Beach truck accident lawyer.

Truck Accidents Are on the Rise

The National Safety Council (NSC) shares the following concerning statistics regarding truck accidents in 2022:

• There were 5,837 fatal truck accidents, which represents a nearly 2 percent increase over the prior year.
• Over the prior ten years, there was a 49 percent increase in fatal truck accidents.
• The accident involvement rate for truck accidents per 100 million miles traveled was up 3 percent over the prior year and was up 24 percent over the prior ten years.

Truck accidents are on the rise, and – because of the immense size differential – the occupants of the other vehicles involved are at the greatest risk of being seriously injured.

Truck Driver Negligence

The trucking industry helps drive our economy, and it is a booming industry. In response, both truck drivers and trucking companies have been known to cut safety corners, which puts the rest of us at serious risk. In their rush to deliver, truckers are susceptible to forms of negligence like the following:

• Distraction
• Aggression
• Impairment
• Failure to abide by the rules of the road
• Excess speed

Truck drivers can also be liable when they violate the Federal Motor Carrier Safety Regulations (FMCSRs), which regulate the trucking industry. For example, one common violation that leads to trucking collisions is hours of service (HOS) violations, which can cause fatigued driving accidents. When someone who is manning an 80,000-pound machine fails to make safety their top priority, it can lead to devastating results.

Other common violations of truck drivers that we have found in litigating trucking cases are:

• Operating without a CDL:  when a driver is operating “under the table,” when a carrier fails to check records on an independent contractor, or even when  a driver’s CDL is suspended or expired.
• No record of duty status within the electronic logging device (ELD): With a few limited exceptions, the FMCSR requires truck drivers to use an ELD to log their trips. Failing to record duty status is one of the top violations for many carriers, as some drivers simply forget to log it.
• Failure to conduct a property pre-trip/post-trip inspection: Before a CMV is operated, the driver must perform a pre-trip inspection to ensure that their vehicle is safe and operable. Truck drivers must complete a pre-trip and post-trip inspection themselves, as well as a quick inspection every 24 hours during a trip.
• Driver not physically qualified to carry out duties related to the job: Trucking is hard physical work, and all drivers must undergo a full physical every two years. Those with certain medical conditions may need more frequent physicals. If a driver operates a truck without proper medical clearance, they could receive this DOT violation.
• Speeding: This is one of the most common DOT violations for truck drivers. Exceeding posted speed limits is a serious offense that poses significant risks to everyone on the road.
• Following too closely: Truck drivers, like all drivers, can face penalties for tailgating, or following too closely behind another vehicle. This dangerous driving behavior increases the risk of accidents and is strictly prohibited by traffic laws. The FMCSR state that if you are driving below 40 mph, you should leave at least one second for every 10 feet of vehicle length. For a typical tractor-trailer, this results in 4 seconds between you and the leading vehicle. For speeds over 40 mph, you should leave one additional second.
• Improper lane changes: Improper lane changes are illegal for anyone. They’re especially risky for truck drivers, as the equipment size and blind spots make accidents even more likely to occur.
• Not Looking Far Enough Ahead: Truck Drivers should constantly be looking at least 15 seconds in front of them (approximately1/4 of a mile on the interstate and 1 1/2 blocks in the city) to observe any hazardous conditions and have a plan to react. Looking far ahead allows truck drivers to respond early and smoothly to changing conditions ahead and to avoid dangerous, abrupt braking situations.
• Reckless driving: Along with its less severe counterpart, careless driving, poses a significant threat to road safety. Both offenses demonstrate a disregard for the well-being of others and can lead to serious accidents. 
• Improper turns: An improper turn is another common traffic infraction that can be highly dangerous for truckers.  
• Failure to yield the right of way: Yielding the right of way is a crucial defensive driving technique that all drivers, including truckers, must master. This practice helps prevent accidents on the road.
• Failure to obey a traffic control device: This covers traffic lights, stop signs, and any other device designed to keep traffic flowing smoothly and safely.
• Failed drug test: Truckers must submit to a drug test before employment, then once per year thereafter. They are also tested after most accidents. Failing a drug test is a severe DOT violation.
• Exceeding Hours of Service: Truckers are subject to HOS regulations that specify maximum driving hours and minimum break times. Driving longer than HOS limits is a critical DOT violation. Tired and drowsy drivers can lead to a crash.

Trucking Company Negligence

The trucking company can be liable for the conduct of drivers, but companies can be negligent in their own right. For example, trucking companies might engage in:

• Negligent hiring
• Negligent training
• Negligent retention
• Inadequate inspection and maintenance of trucks
• Violations of other FMCSA regulations

PUNITIVE DAMAGES

What are punitive damages? They are damages that can be awarded by a jury to punish the at fault party for grossly negligent, reckless or intentional actions. By imposing punitive damages, our legal system sends a resounding message that egregious actions will not be tolerated, creating a sense of accountability and responsibility among individuals.

Some examples of conduct where punitive damages can be awarded include:

• Operating a motor vehicle while under the influence of alcohol
• Operating a motor vehicle while under the influence of drugs
• Operating a motor vehicle in a reckless manner, such as excessive speed
• Lying on  a commercial motor vehicle job application about your qualifications and experience then causing a fatal crash
• Vehicle manufacturer selling a vehicle with a  known defect
• Operating a commercial while texting and driving thereby causing a crash

In order to bring a claim for punitive damages, a case must already be in litigation.  Then you must seek permission from the Court to ask for punitive damages based on the conduct of the at-fault party.

Pursuant to Florida Statute 768.72, punitive damages may be awarded only when “there is a reasonable showing by evidence in the record or proffered by the claimant which would provide a reasonable basis for recovery of such damages.” Understanding when a court can award punitive damages is important for anyone who may be involved in a lawsuit. Being involved in a case where you are seeking punitive damages can increase the value of your claim. 

How Much Can I Recover in Punitive Damages?

Florida Statute §768.73 generally limits the amount a party can recover for punitive damages as follows:

1. Three times the amount of compensatory damages awarded to each claimant entitled thereto, consistent with the remaining provisions of this section; or

2. The sum of $500,000.

However, there are multiple exceptions the toe statute. For example, if a defendant’s intentional actions were for the purpose of financial gain, then the punitive damages could be as high as four times the compensatory damages or two million dollars, whichever amount is higher.

The Losses Suffered

The losses victims experience in truck accidents can be life-altering. Consider the following primary categories of legal damages:

• Property damage to the victim’s vehicle and its contents
• Medical expenses, including the cost of ongoing and future healthcare needs
• Lost income, including losses related to overall earning power
• Physical and psychological pain and suffering, which can interfere with the victim’s recovery and can outpace their other losses combined

In addition to compensation for specific losses, punitive damages might be available in some truck accident lawsuits. If a truck accident lawyer can prove a defendant’s conduct was intentional or grossly negligent, the court might hold them liable for these additional damages.

The Insurance Company

While the involved insurance company is paid specifically to cover truck accident claims, it is also in the business of making money, which means it will spare no effort in its skilled attempts to keep settlements low. Leaving the insurance company to an accomplished truck accident attorney is the best approach, and they can be counted on for all the following:

• Compiling a strong claim that helps protect the victim’s rights
• Communicating claim details to the involved insurance company
• Knowledgeably negotiating with the insurance company for fair terms
• Skillfully preparing the case for court – if the insurance company won’t engage in fair negotiations

An Experienced West Palm Beach Truck Accident Attorney Is Standing By to Help; Don’t Delay

As of 2023, changes to Florida tort laws shortened the statute of limitations for personal injury lawsuits to only two years, cutting the time victims have to take action in half. Time is short, so you should never delay in beginning the process with the right legal help.

Maaz Quraishi is a well-respected West Palm Beach truck accident attorney at Right To Justice who appreciates how challenging your situation is and who will leave no stone unturned in his focused quest to help. Learn more by contacting or calling us at 561-242-4800 and scheduling your free consultation today.