Personal Injury Lawyer Explains How Truck Accident Liability Is Determined in Naples, FL
Truck accident victims have the right to seek compensation for their injuries and other losses, like damage to their cars and pain and suffering. But before they can do so, they must understand who was liable for the accident: the truck driver or trucking company, another driver, or another third party.
Insurance companies evaluate all details of the accident to determine liability. The Law Offices of Marc L. Shapiro, P.A., a personal injury attorney in Naples, explains how truck accident liability is determined in Florida.
Florida's Modified Comparative Negligence Policy
As of March 2023, Florida follows a modified comparative negligence policy for accident liability. This policy allows the parties involved in an accident to seek compensation as long as they were no more than 49% at fault for the accident.
Parties who were less than 50% responsible for the accident can seek damages according to their percentage of liability. For example, if the insurance company finds an accident victim 20% responsible for the crash, they can seek 80% of the value of their case, including medical expenses, physical damage, and lost wages, from the other party or parties.
How Do Insurance Companies Determine Truck Accident Liability?
Insurance companies and judges assign truck accident liability percentages to each party involved in an accident after carefully reviewing the details of the crash. They look to all of the following evidence:
- The police report
- Photos and videos of the accident
- Witness testimonies
- Testimonies from accident reconstruction professionals
- Black box data
Commercial trucks typically contain black boxes that record the truck's activity. Insurance companies can use this information to determine whether truck drivers were speeding or violating traffic laws at the time of an accident.
If any parties were issued citations at the accident scene for violating traffic laws, these citations could also serve as valuable evidence of a party's liability.
To maximize compensation under Florida's modified comparative negligence policy, accident victims need to prove that they were not even 1% at fault for the truck accident. With the help of a skilled truck accident attorney, they can provide solid evidence showing that the truck driver was responsible for the crash.
Contact The Law Offices of Marc L. Shapiro, P.A., for Truck Accident Representation
The Law Offices of Marc L. Shapiro, P.A., helps truck accident victims across the greater Naples, FL, area seek compensation and move forward from their accidents. Attorney Marc L. Shapiro has over 30 years of experience representing clients in truck accident cases. For assistance exploring the reasons to hire an attorney after the truck accident, navigating truck accident liability or seeking compensation after a truck crash, contact Attorney Marc L. Shapiro today at 239-500-5000.
