Personal Injury

The Basics of Truck Accident Settlements

A truck accident settlement in Florida includes a financial agreement between the injured party and the at-fault party (or their insurance company) to compensate for damages caused by a truck accident. These truck accident settlements may involve vehicles such as commercial trucks, especially semi-trucks, tractor-trailers, or delivery vehicles.

The point of a truck accident settlement is to resolve claims without a costly court trial. Many truck accidents may be resolved prior to going to trial but sometimes the parties cannot agree and end up going to court. The benefit of a truck accident settlement is that it permits victims to receive compensation faster than through litigation while avoiding the uncertainty of a trial. Regardless of whether or not the truck accident settlement is reached before trial, truck accident settlements cover damages related to medical costs, lost wages, pain and suffering, as well as other losses resulting from the accident.

Truck accident settlements are typically lengthy cases because of the complexity of liability, which typically includes multiple parties: the truck driver, trucking company, vehicle manufacturer, or even cargo loaders. This is why it is critical to have an experienced personal injury attorney working on the victim’s behalf. Our firm works diligently to negotiate fair truck accident settlements that reflect the full extent of our clients’ damages.

What Influences Truck Accident Settlements in Florida

The value and outcome of truck accident settlements in Florida depend on several key factors. While the potential worth of your claim is unique to the details of your accident, the following may help you understand the general scope of how damages are assessed:

1. Severe Injuries

The extent of injuries is a primary driver of truck accident settlement amounts. Severe injuries–traumatic brain injuries, spinal cord damage, or amputations–often lead to higher settlements because of the life-changing component. Victims with severe injuries have significant medical costs, long-term care needs, and reduced quality of life. For example, a victim requiring ongoing rehabilitation may receive a larger settlement than someone with minor injuries like sprains or bruises.

2. Liability and Florida’s Comparative Negligence Law

Florida is a comparative fault state, which means that compensation is reduced by the victim’s percentage of fault. For instance, if a car driver was 20 percent at fault for speeding but the truck driver was 80 percent at fault for running a red light, the victim’s settlement would be reduced by 20 percent. That is also why determining fault is critical in truck accident settlements and evidence is crucial. Insurance agencies will scour evidence like police reports, any available video footage, and witness statements to establish the truck driver’s or company’s liability.

3. Economic Damages

Economic damages are quantifiable and include tangible losses such as the following:

  • Medical Expenses: Hospital bills, surgeries, rehabilitation (short-term or long-term), and future medical care.
  • Lost Wages: Income lost due to inability to work, including future earning potential if injuries cause permanent disability.
  • Property Damage: Costs to repair or replace your vehicle or other property.

In Florida, documenting these losses is critical for a fair truck accident settlement.

4. Non-Economic Damages

Non-economic damages are not as easily quantified or calculated as economic costs. These damages are subject to more interpretation in the settlement process but nonetheless are extremely crucial. Non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life, are harder to quantify but significantly impact truck accident settlements. Florida law allows compensation for these intangible losses. Psychological evaluations, medical reports, and personal testimony may be used as documentation to prove non-economic damages in a truck accident settlement.

5. Insurance Policy Limits

Policy limits affect truck accident settlements. Under federal law and Florida regulations, trucking companies and drivers must carry insurance coverage. Primary liability insurance is required for all interstate trucking companies. By federal law, this minimum is $750,000 for most general freight carriers. However, this amount can increase to $1 million or more depending on the type of cargo (such as hazardous materials). That being said, catastrophic injuries often require higher settlement amounts than the minimum required by law. Depending on the circumstances of the accident, other parties may be liable, such as third-party contractors or even truck manufacturers.

6. Trucking Regulations

If a truck driver was at-fault for an accident, there may be several causes. For example, the driver may have exceeded driving hours and was fatigued, or the driver may have been speeding and distracted. Regardless of the reason, if a truck driver is at-fault and violates trucking regulations, this could affect the truck accident settlement. Evidence that would point to liability includes logbooks, maintenance records, and in some cases, black box data.

The Truck Accident Settlement Process in Florida

Attempting to secure a truck accident settlement in Florida is a process that is carried out step-by-step.

1. Investigation and Evidence Gathering

Accident reports, medical records, witness statements, and electronic data from the truck’s black box may be part of the investigation and evidence that helps your case.

2. Filing a Claim

An attorney may file a legal claim with the at-fault party’s insurance company, detailing injuries, damages, and liability. The Statute of Limitations In Florida states that victims have four years from the date of the accident to file a personal injury lawsuit (Florida Statute 95.11).

3. Negotiation

The negotiation process will be back and forth between the attorney and the Insurance company until a fair truck accident settlement is reached.

4. Settlement Agreement

If a fair settlement is reached, the victim or victim representative will agree to release the at-fault party from further liability in exchange for compensation. When parties fail to reach a settlement, the case will go to trial.

5. Disbursement

Once the case is settled, whether out of court or in court, funds are dispersed. Attorney’s fees, medical liens if any, and other case-related costs are typically paid first and then the client receives the remaining compensation.

How We Can Help With Your Truck Accident Settlement

Truck accident settlements in Florida are often complicated and require legal expertise. When there are multiple parties involved, liability may go beyond the driver to the trucking company, cargo loaders, manufacturers. These cases take longer to settle.

We are committed to helping victims secure fair compensation for medical bills, lost wages, pain and suffering, and more. By addressing liability, gathering evidence, and negotiating with insurers, we strive to maximize your truck accident settlement. If you or a loved one has been injured in a truck accident, contact our experienced attorneys today for a free consultation to protect your rights and start the path to recovery.

This article was originally published on 6/13/2025 and has been updated on 7/2/2025 to provide the most accurate and relevant information.

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