If you are partially at fault for a truck accident in Fort Myers, you may still qualify to receive compensation for some of your losses. In 2023, Florida changed from a pure comparative negligence system to modified comparative negligence, limiting the number of at-fault drivers who may recover damages after a crash.
The legislature enacted several other tort reforms in 2023. Personal injury is a complicated area of law, but a Fort Myers truck accident lawyer can help you understand how these changes may affect the outcome of your compensation claim.
Florida’s New Negligence Rule
Florida Statutes § 768.81 states that if you are more than 50% at fault for a truck accident in Fort Myers or elsewhere in Lee County, you may not recover damages for your losses.
However, if a jury finds you at fault up to 50%, you may recover your losses, minus the percentage of blame it apportions to you for the crash. For instance, suppose a jury awards $200,000 in economic and non-economic damages but finds you were 10% responsible for the crash. You may recover 90% of the damages ($180,000) per the new modified comparative negligence rule.
The old negligence rule allowed you to recover damages as long as you were not 100% at fault for the crash. So, a driver found to be 90% at fault could still collect 10% of their compensable losses.
What Are Considered Compensable Damages In A Fort Myers Truck Crash?
Your accident and the damages you sustained from it are unique. Before filing, discussing your compensation claim with an attorney experienced in Florida’s personal injury laws may help you recognize losses you might otherwise miss.
Medical Care
Medical costs related to your injuries sustained in the truck crash are compensable and may broadly include:
- Ambulance trips
- Emergency care
- Hospital stays
- Medication
- Diagnostic tests
- Surgeries
- Rehab and physical therapy
- Doctor and specialist visits
- Transport to and from medical appointments
- Foreseeable future medical expenses
Property Loss
You can recover compensation to cover repairs to your vehicle or replace a totaled car. Damage to other property you had with you during the crash (e.g., a smashed laptop or cell phone) may also be compensable.
Lost Income
Many truck accident victims can’t work during their recovery. You can recover the wages lost during this time and the pay rate differential if your earning capacity has changed.
Should the severity of your injuries make returning to work impossible, your attorney would include estimated future earnings and benefits in your compensation claim.
Noneconomic Damages
Non-economic losses are subjective, compensable damages and may include:
- Pain and suffering
- Emotional trauma
- Disability
- Disfigurement
- Loss of enjoyment of life
- Loss of companionship
- Loss of quality of life
Proving Fault For A Truck Accident In Fort Myers, FL
Big rig accident cases are complicated and require an experienced team to investigate. For instance, there are several potentially liable parties, such as:
- Truck drivers
- Truck owners
- Trucking companies
- Parts manufacturers
- Cargo loaders
- Maintenance teams
Moreover, it could turn out that none of those parties are at fault for your accident. Perhaps a road maintenance crew didn’t correctly fix a pothole, or a traffic signal was inoperable, leaving no drivers at fault. Or maybe two drivers are at fault. We investigate to get at the truth.
A thorough investigation reviews the following:
- CCTV footage
- Eyewitness statements
- Police reports
- Medical records
- Data from the truck’s black box
- The truck driver’s daily log and driving history
- Maintenance and inspection reports
- Expert reconstruction of the collision
What You Can Do After A Truck Crash To Help Your Case
If you’re involved in a truck accident, your health and the health of the other victims are the priority. Call for emergency medical assistance and the police. Then, take these steps if you can to assist with your compensation claim:
- Take pictures of the street and surrounding area, all sides of the damaged vehicles, and each driver’s insurance card and driver’s license.
- Note all vehicles’ make, model, and vehicle identification number (VIN).
- Ask eyewitnesses for their names and contact information.
- Write down or record what you remember of the accident.
- Note your treatment at the scene and take pictures of your injury.
- Speak about the crash with your insurer, a truck accident attorney, and no one else.
Seeking A Compensation Settlement Or Judgment For A Truck Accident
Florida drivers are well aware that it is a no-fault state. All drivers must carry personal injury protection (PIP) and property damage liability (PDL) coverage. After an accident, your policy will cover up to a specific amount of your damages. However, if you suffer severe injuries, or your vehicle needs to be replaced, your insurance may not cover all your losses.
As long as you are not more than 50% at fault for a truck crash in Fort Myers, you could seek a settlement with your insurance company or the other driver’s insurer. That’s when you want a firm negotiator at your side.
If negotiations falter, you can file a personal injury lawsuit before the two-year statute of limitations expires. A lawsuit might be the only way to recover the compensation you deserve.
Call The Law Offices Of Anidjar & Levine For A Free Case Consultation
Fault is often tricky to figure out when a commercial truck and a passenger vehicle collide. The legal team at the Law Offices of Anidjar & Levine offers free, no-obligation case consultations to help you decide what to do if you’re partially at fault for a truck accident in Fort Myers and what your legal options are going forward.
Our Fort Myers truck accident attorneys offer responsive legal help, focusing on serving the needs of your case. We travel to you, help schedule your medical appointments, and provide your attorney’s phone number so you can get your questions answered by the person in charge of your case. So, don’t hesitate to contact us today. We do the fighting, so you don’t have to.
