If the truck driver who hit you in Fort Myers was from out of state, you can still file a claim in Florida, and the trucking company’s insurance policy should cover your losses. However, this situation can make the legal process more complex. Understanding your legal rights and the steps you must take is crucial to protecting your ability to recover compensation.
You may be wondering how a crash with an out-of-state driver affects your ability to file a personal injury claim. A Fort Myers truck accident lawyer can guide you through the legal process, ensuring your rights are protected every step of the way.
Does it Matter that the Truck Driver was from Out of State?
If the negligent driver was from out of state, it can complicate your claim, but Florida law generally applies to all accidents occurring within the state. This means you can file your claim in Florida, even if the truck driver or their employer is based elsewhere. However, jurisdictional issues may arise if the trucking company wants to move the case to another state.
Whether the trucking company is based in Florida or another state, you may have challenges dealing with its insurer. These companies often have legal teams experienced in minimizing payouts. Additionally, federal trucking regulations may be relevant, depending on the circumstances of the accident.
A Fort Myers personal injury lawyer can help you deal with the potential challenges of working with an out-of-state trucking company and walk you through the legal process from start to finish.
What Florida Laws May Affect Your Truck Accident Claim in Fort Myers?
Several Florida laws may affect your truck accident claim, including:
No-Fault Insurance
Florida is a no-fault state. Per Florida Statutes § 627.737, you can generally only file a claim with the liable party’s insurance company in Florida if you suffer severe injuries in an accident. For less serious accidents, your personal injury protection (PIP) coverage will cover up to 80% of your medical bills and 60% of your lost wages, per Florida Statutes § 627.736.
Modified Comparative Negligence
If you qualify to file a fault-based claim, the trucking company’s insurance company may use various tactics to minimize or deny your claim. They may try to shift blame, using Florida’s modified comparative negligence rule to reduce your payout. Per Florida Statutes § 768.81, if you are more than 50% at fault, you cannot recover compensation. The insurer may exaggerate your role in the accident to reduce their liability.
The Personal Injury Statute of Limitations
Additionally, under Florida Statutes § 95.11, you typically only have two years from the accident date to file a personal injury lawsuit. If negotiations drag out, the insurance company may hope you miss the statute of limitations, essentially releasing them from liability.
Fort Myers truck accident attorneys understand these laws and their potential challenges. Your lawyer can ensure the trucking company and its insurance provider do not take advantage of legal loopholes to avoid liability.
What Compensation Can You Recover After an Out-of-State Truck Accident?
If you were injured in a truck accident, you may be entitled to compensation for various losses, including:
Medical Expenses
You may recover fair compensation for emergency medical treatment, hospital stays, surgeries, physical therapy, medications, and future medical care related to the accident.
Lost Wages and Reduced Earning Capacity
If your injuries prevent you from working, you may deserve compensation for lost income. If you are permanently unable to return to your job, you may also claim a settlement covering your future lost earnings and diminished earning capacity.
Pain and Suffering
Catastrophic injuries like traumatic brain injuries, spinal cord damage, and internal organ damage can lead to lasting physical pain, emotional distress, and reduced quality of life. Compensation for these losses is based on the severity of your suffering.
A Fort Myers personal injury lawyer can ensure you seek the full compensation you deserve.
What Steps Should You Take to Protect Your Legal Rights After a for Myers Trucking Accident?
Taking the right steps after a truck accident with an out-of-state driver is crucial to protecting your claim.
At the Accident Scene
- Call 911 to seek immediate medical attention and ensure a police report is filed. This official record of the accident will be important for your claim.
- Take photos of vehicle damage, road conditions, and any visible injuries.
- Get the at-fault driver’s contact, insurance, and employer information.
- Gather eyewitness contact details.
After the Accident
- If you do not require emergency medical care at the scene, seek a medical evaluation elsewhere as soon as possible. Early diagnosis and treatment of injuries can be vital to making a full recovery.
- Do not give a recorded statement to an insurance adjuster before consulting an attorney.
- Keep all medical records, repair estimates, and communications with insurers.
Is the Trucking Company Liable for My Damages?
In general, a trucking company is vicariously liable for its driver’s negligent actions. Trucking companies can also be directly liable for negligent hiring, training, or maintenance. If the company failed to properly vet the driver’s qualifications, enforce federal safety regulations, or maintain the truck, it could be legally responsible for your damages.
A key piece of evidence in these cases is black box data, which records the truck’s speed, braking, and driver activity before the crash. A Fort Myers truck accident injury attorney can obtain this data, review driver logs, and investigate whether company policies contributed to the accident. Holding the trucking company accountable can ensure justice.
What if the Truck Driver was an Independent Contractor?
If the truck driver was an independent contractor, determining liability can be more complicated. Unlike employees, independent drivers are typically responsible for their own actions. In this case, you may be able to pursue the negligent driver for damages.
Insurance challenges may arise, as independent drivers often carry lower insurance coverage limits. A Fort Myers truck accident injury lawyer can investigate the driver’s employment status, insurance coverage, and any potential company liability to ensure you pursue all possible compensation sources.
How Our Fort Myers Truck Accident Lawyers Can Help with Your Insurance Claim or Lawsuit
Being hit by an out-of-state truck driver in Fort Myers can complicate your injury claim, but Florida law protects your right to seek compensation. Challenges like jurisdiction disputes, aggressive insurance tactics, and trucking company liability make it essential to take the right legal steps. Acting quickly, gathering evidence, and avoiding common pitfalls can strengthen your case.
Our Fort Myers truck accident attorneys can handle negotiations with insurers, investigate the trucking company’s role, and ensure you file your claim or lawsuit within legal deadlines. You can focus on recovery while we focus on maximizing your compensation. Contact our legal team at the Law Offices of Anidjar & Levine today for a free consultation. We work on a contingency fee basis, so you won’t pay us unless we recover compensation.
We Can Help.
