Road to Recovery: Insights on Trucking Accident Cases with Sagi Shaked

September 18, 2024 | Sagi Shaked | Truck Accidents

What inspired you to practice personal injury law and take on severe trucking accident cases?
I always wanted to be a lawyer, even as a kid. My parents would tell stories about me walking around with a briefcase, pretending to be a lawyer. What really pushed me into this field was a personal experience. Years ago, my cousin was in a terrible motorcycle accident and was hospitalized for a long time. Sadly, another cousin was killed by a drunk driver. That tragedy fueled my passion for pursuing justice, especially against those who harm others through negligence. Whether it’s dealing with impaired drivers, negligent doctors, or reckless individuals, I felt driven to help victims and their families get the justice they deserve.

Why do you think there’s been an increase in trucking accident cases in Florida and across the country?
We’re seeing more trucking accidents now than ever before. One reason is the increase in traffic, particularly with the surge in online shopping. Companies like Amazon and eBay are delivering more, which means more trucks are on the road. But there’s a shortage of skilled, responsible drivers. Some drivers aren’t following the rules designed to keep everyone safe. Whether it’s due to fatigue, sleep apnea, alcohol, or negligence, we’re seeing more crashes because drivers aren’t paying attention or following the regulations.

What makes trucking accident cases different from typical car accidents?
Trucking accidents differ significantly from regular car accidents. In a car accident, you’re dealing with two non-professional drivers. But in a trucking accident, you’re dealing with professional drivers operating vehicles that can weigh up to 80,000 pounds. These drivers must follow strict federal regulations, especially when crossing state lines. Unfortunately, those rules aren’t always followed. For instance, truckers have limits on how long they can drive without rest to prevent fatigue, but many violate these regulations, putting everyone on the road at risk.

Florida recently updated its statute of limitations for personal injury cases, including trucking accidents. What does that mean for victims?
On March 24, 2023, Florida enacted a new statute that drastically changed personal injury law. One of the key changes is the statute of limitations. Before, if you were injured in a truck accident, you had four years to file a lawsuit. Now, it’s reduced to two years. If your accident happened after March 24, 2023, you have two years from the date of the crash to file a case.
There’s also a new “modified contributory negligence” rule. In the past, even if you were 50% at fault for the accident, you could still recover damages for the other 50%. Now, if you’re found to be more than 50% at fault, you won’t receive any compensation. This change makes it even more important for victims to work with an experienced attorney who can navigate these new rules.

Can you explain the typical process for handling a trucking accident case in Florida?
Trucking accident cases are different from car accidents. When a truck driver is involved in a crash, their first call is to their risk management team—not 911. Their priority is protecting their business. They immediately send investigators, accident reconstruction experts, and photographers to gather evidence that supports their side. Meanwhile, the injured victim is often still in the hospital, unable to defend themselves.
As the victim’s attorney, we act fast. We send our team to gather evidence like video footage, witness statements, and road conditions. We also send a “preservation letter” to make sure critical evidence, like the trucker’s hours-of-service logs and dashcam footage, isn’t destroyed. Trucking companies often try to make these disappear, so securing this evidence is vital for building a strong case.

How often do insurance companies deny claims or offer low settlements, and how do you handle that?
This happens all the time. Insurance companies are businesses, and their goal is to keep as much money as possible, often at the victim’s expense. They delay cases, deny claims, and try to pressure victims into accepting lowball settlements. Meanwhile, they’re investing the money they should be paying out, making a profit while families suffer.
That’s why having an experienced attorney is crucial. We know how insurance companies operate, and we fight hard to get our clients the compensation they deserve. We’re not afraid to take a case to trial. In fact, other attorneys often refer their cases to us when they need experienced trial lawyers. We push cases forward as fast as possible, but the legal process can still take 18 to 24 months, sometimes longer, because of the delays insurance companies create.

What challenges do your clients face during this process?
The biggest challenge is dealing with the delays. Before the accident, many of our clients had stable lives, with jobs, families, and routines. Afterward, they’re stuck dealing with medical appointments, surgeries, and the uncertainty of whether they’ll ever fully recover. Insurance companies know this and try to use it to their advantage by dragging out the process, hoping the victim will settle for less just to get some financial relief.
We do everything we can to keep cases moving, but the court system is bogged down, partly because of these delay tactics. It can take 18 to 24 months to resolve a case. Still, we fight to ensure our clients get the justice they deserve, no matter how long it takes.

What sets you apart from other trucking accident attorneys in Florida?
Our reputation for going to trial sets us apart. We’re not afraid to bring a case to court if that’s what it takes to get results. As a double-board-certified civil trial attorney, I have the experience and track record to back it up. Other law firms often refer their complex litigation cases to us because they know we’ll fight hard for our clients. From day one, we focus on getting justice, and we don’t back down until our clients get what they deserve.