Attorneys who handle significant numbers of truck accident cases in Tallahassee have noticed some new trends with regard to truck accident lawsuits. While an experienced attorney will be aware of the changing focus and new requirements, it is helpful for anyone who may have a truck accident claim to be aware of the trends as well.
Becoming informed about your rights, legal options, and the tasks needed to obtain recovery is the first step toward succeeding with a truck accident claim. Here are some recent trends to keep in mind.
The Increase in “Nuclear” Verdicts
The U.S. Chamber of Commerce Institute for Legal Reform reports a sharp increase in the number of truck accident lawsuits where victims received more than $10 million in damages. They refer to these as “nuclear” verdicts. Comparing data over decades, the research team noted that within recent years, incidents of truck accident cases with multi-million dollar verdicts or settlements have “skyrocketed.” It has become more common for truck accident lawsuits to involve liability from more interested parties as well.
While these are nationwide trends, the impact is particularly noticeable in the Tallahassee area because of the increase in both commercial and private traffic on the roads.
Investigations and Claims Increasingly Rely on New Forms of Technology
Technology is changing all aspects of our lives, and truck accident litigation is no exception. Trucking companies are using a variety of tech tools to monitor trucks and track driver behavior. Among these tools are electronic logging devices that record the number of hours drivers work to ensure that they are complying with regulatory limitations. Many trucking companies also use video cameras and telematics to keep track of driver actions in real-time. When an attorney is able to access information obtained through these tech tools, it can provide valuable evidence of driver action (or inaction) in a truck accident case. However, it is important to be aware of privacy concerns to avoid restrictions on the use of this type of evidence.
The wealth of new technology and data it provides is shifting the focus of truck accident litigation. Analysts are able to determine how braking patterns, vehicle speed, and driver action before the accident lead to the collision. Companies sometimes use artificial intelligence to analyze data, identify patterns, and assess liability. Defense tactics have become more sophisticated, and attorneys representing victims need to understand and use increasingly data-driven arguments to demonstrate causation and override defense claims.
Increased Focus on Training and Fatigue Management for Drivers
All the technological advances so far have not been able to change the fact that errors by truck drivers continue to be a primary cause of truck accidents. In an effort to reduce accidents and limit their liability, trucking companies are putting more effort into programs to ensure that drivers have proper training and that they are not driving while overworked or fatigued.
As trucking companies point to their programs to support arguments that they should not be held liable for accidents, attorneys need to spend more time analyzing the effectiveness of programs so that companies are not able to shift all of the blame onto the individual drivers.
Federal regulations also set limits to decrease the odds of fatigued drivers causing accidents because of too many hours on the road. Attorneys monitor changes in the laws as well as compliance in a particular case to see whether a driver was putting others at risk by exceeding the limits.
More Cases are Being Resolved Through Alternative Dispute Resolution
Another trend in truck accident cases is the use of alternative dispute resolution methods such as arbitration and mediation to resolve issues that are under dispute. Trucking companies like methods that can control costs, and clients can still benefit if they are working with an attorney who understands the true value of the claim and knows when and how to draw in the line if a trucking company or insurer is not offering a fair settlement.
It is also important to understand the implications before agreeing to settle one or more issues through alternative dispute resolution. For example, in mediation, the neutral third party working to facilitate the negotiation of a solution does not have the authority to make a binding decision if the parties cannot agree. In arbitration, however, the arbitrator can act like a judge and make a determination, so it is important to ensure that arbitration is right for the issue before agreeing to be bound by the result.
Changes in Florida Tort Laws are Impacting Truck Accident Litigation
Recent changes in Florida laws involving personal injury lawsuits are also having a major impact on truck accident litigation in Tallahassee. Instead of having four years to investigate the causes of a truck accident, which can often be extremely complex, accident victims and their attorneys must be ready to file a case within two years of the accident, thanks to a change in the statute of limitations for personal injury lawsuits.
In addition, lawmakers made changes to the comparative fault rule in Florida that can significantly impact a truck accident victim’s ability to recover compensation after suffering injuries. In many collisions, the actions of more than one party combine to cause the accident. Under the new rules, if an accident victim is found to be more than 50% responsible for the events causing the accident, then that victim cannot recover anything, no matter how severe their injuries may be.
The Legal Team at Searcy Denney Stays on Top of Truck Accident Litigation Trends to Get the Best Outcome for Clients
Because truck accident claims are so much more complex than car accident cases, the experienced team at Searcy Denney works to stay aware of recent trends and predict new ones. This keeps us ready for the increasingly sophisticated efforts trucking companies use to shift liability to others so they can focus on profits without concern for the harm caused by their policies. We are ready to use these trends to our advantage to seek out the best opportunities to demonstrate the liability of trucking companies and to counter the defense strategies increasingly used in truck accident litigation in Tallahassee.
If you or a loved one suffered injuries in a truck accident, call 888-549-7011 or contact us online to schedule a free consultation with our team today. We can use our knowledge to help you achieve a full and fair recovery.
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