Protecting the Rights
of Injury Victims

Thomas DeLattre and Glen D. Wieland

New state laws harm truck accident victims

On Behalf of | Mar 18, 2024 | Trucking Accidents |

Truck accidents are a major problem in Florida, which has one of the highest rates of truck accidents in the nation. Anyone who has been involved in an accident with a truck in Florida knows the major toll it can take on many aspects of their life.

Minor injuries are rare in a truck accident. Most truck accident victims experience severe injuries, some of which are life-altering or permanent.

The cost of treating injuries from a truck accident is often astronomical, but truck accident victims can obtain compensation for these and other losses by filing a lawsuit against the trucker or trucking company.

However, the trucking industry has been pushing states, including Florida, for changes in the laws that will make it harder for trucking accident victims to recover compensation. According to a recent article, some of these attempts have been successful.

Trucking industry claims laws will prevent frivolous lawsuits

The trucking industry argues that these laws will prevent trucking accident victims from receiving excessive compensation and reduce the number of frivolous lawsuits.

However, safety advocates dispute that reasoning, saying that these laws will prevent trucking accident victims from receiving legitimate compensation from negligent trucking companies. The advocates also note that trucking companies may be less likely to adhere to safety guidelines designed to prevent accidents.

The two specific new laws in Florida involve compensation for medical bills and the statute of limitations.

Medical bills

One piece of establishing negligence in truck accident cases involves proving damages. This is typically done through presenting evidence such as medical bills.

Previously, truck accident victims could present medical bills showing the amount an insurance company initially billed and that number was used when determining compensation.

The new law only allows victims to submit the amount paid instead of the amount initially billed.

Statute of limitations

Additionally, the statute of limitations for filing a personal injury lawsuit has been reduced from four years to two years. This places a major burden on truck accident victims.

Back, brain and head injuries are common truck accident injuries. Many times, the extent of these types of injuries from a truck accident are not fully known until more than two years after the accident.

Furthermore, the first few years after a truck accident are often chaotic for truck accident victims. Physical and mental healing takes time and victims are busy with attending medical appointments, dealing with insurance paperwork and getting a handle on their medical bills.

Two years is usually not enough time to adequately prepare to file a lawsuit. This new law could prevent many truck accident victims from filing lawsuits that would properly hold negligent truckers and trucking companies responsible.

Your rights as a truck accident victim deserve protection

It is important to be aware of these new laws so you can act quickly if you are injured in a truck accident. Although you may not be ready to become involved in the legal process after your accident, getting your lawsuit filed in time is vital.

There are professionals who are experienced with helping truck accident victims who can help explain how these new laws apply to your situation and help you recover fair compensation.


FindLaw Network