When a truck accident happens in Florida, there is a huge risk of severe damage to property and personal injury happening due to the vehicles’ weight and size. Truck drivers, like all drivers on the roads of Port Charlotte, have a duty to drive safely and to take all reasonable steps to prevent accidents from happening. When a truck driver acts negligently or recklessly by failing to yield, they create a dangerous situation by increasing the likelihood of a truck or car accident happening.
The Federal Motor Carrier Safety Administration found that in 2018, 499,000 truck accidents happened throughout the United States, which included 4,415 fatalities in addition to 107,000 crashes involving injuries. It found that a lot of these accidents were caused by truck drivers acting negligently or failing to obey the rules of the road, including failure to yield accidents.
Trying to seek compensation for truck crashes can be a stressful process without the assistance of a truck accident lawyer. Here at The Law Place, we want to help relieve this stress and get you the compensation you are owed. Our law firm has over 75 years of experience in multiple practice areas, including failure to yield cases. We offer a free consultation where you can speak to an accident lawyer from our firm with no strings attached. We have built a strong attorney-client relationship over our many years of practice, and we always guarantee the highest standard of legal assistance.
Call today to schedule a free consultation at (941) 444-4444. Our lines are open 24 hours a day, 7 days a week.
Failure to Yield Accidents
Many accidents happen on the roads of Port Charlotte due to a driver failing to obey the rules of the road. When a truck driver fails to give way to other drivers, pedestrians, or cyclists when required, they increase the likelihood of a truck accident. Accidents that result from a failure to yield are a common occurrence in Port Charlotte and all throughout Florida. These accidents most commonly happen at traffic lights, intersections, stop signs, and when merging into traffic.
There are certain traffic laws in place to ensure that the roads are a safe place for everyone in Southwest Florida. Florida regulations govern who has the right of way in certain situations, including:
- When at a stop sign, you must stop for all vehicles, cyclists, and pedestrians on the road.
- It is required that you give way to all traffic approaching from the left when on a roundabout.
- You must give the right of way at an open intersection to any vehicle that was already there. Similarly, when you are making a left turn when you come from a paved road onto an unpaved road, and when you enter a state or cross a highway from another road, you must always give the right of way.
- You must give way to highway and road workers.
- A driver should give way to vehicles signaling to re-enter traffic when driving in the same direction.
- Oncoming traffic when approaching a public road that doesn’t have a road sign or signal.
- A vehicle that’s on your left-hand side when you are both entering an intersection.
- Any vehicle that has approached an intersection when entering the same intersection.
- It is required that you give the right of way to emergency services regardless of the situation.
Determining who had the right of way when a car accident happens can be difficult. Insurance companies are often quick to try and establish liability on your behalf in order to reduce the amount of compensation you receive. Similarly, the other driver’s lawyers may argue that you didn’t have the right of way when the accident happened in Port Charlotte. This is why we recommend speaking with an accident attorney as soon as possible in order to prevent your claim from being devalued or dismissed.
At The Law Place, our team of accident attorneys has dealt with many failure to yield accident cases, and we have a track record of winning these types of claims. In order to ensure that you receive the compensation you are owed, you should speak with one of our injury lawyers today.
Proving Liability for a Truck Accident in Port Charlotte
In order to receive any damages for any auto accident in Port Charlotte, whether it was a truck or car accident, it is necessary to prove a number of elements to the court. An experienced personal injury attorney can help you prove the following:
- Duty of care – The law in Florida provides that all road users have an automatic duty of care to ensure that the roads are kept safe. This duty entails taking all reasonable steps to prevent accidents from happening, including obeying traffic signals and not driving negligently or recklessly.
- A breach of this duty – In order to find the other party liable for your truck accident, it is necessary to prove that they breached their duty of care to you. Examples of this can include driving under the influence (DUI), distracted driving, or failing to yield.
- Causation – It is necessary to demonstrate that your personal injuries or damage to property was a direct result of the other party’s breached duty. An experienced personal injury lawyer can help you prove this.
- Damages – You must prove that you suffered damages as a result of the truck accident in order to receive compensation. Some damages you could file for could include medical bills, damage to property, pain, and suffering, or wrongful death.
Comparative Negligence Laws in Florida
When a truck accident happens in Port Charlotte, the other driver may claim you were also at fault for the accident. Florida Statute 768.81 sets out the law regarding comparative negligence. What this law means is that if you are found to be partially at fault for a car crash, the amount of compensation you receive will depend on your percentage of fault.
For example, if you were found to be texting while driving or driving under the influence when the other driver failed to yield the right of way, the compensation you receive will be reduced. If a judge finds that you were 20% responsible, the damages you are entitled to will be reduced by 20%. In these situations, you will still be entitled to receive compensation, provided that your percentage of fault is below 50%.
These comparative negligence laws can often result in your claim being thrown out or your compensation seriously reduced, particularly when the other driver has the backing of a strong legal team. Florida personal injury lawyers can help ensure that the other party does not reduce the amount of compensation you deserve by proving that you were not liable for the truck or car accident.
Seeking Compensation for Truck Accidents in Port Charlotte
The law in Florida requires that when a truck accident happens, you must contact your insurance company immediately. Usually, you have a period of 48 hours, but this may vary depending on your particular policy. Florida Statute 624.7407 outlines that Florida is a no-fault state, meaning that if you are involved in a car accident, you must try to receive compensation from your own insurance company first.
This law requires that all drivers in Florida must have personal injury protection (PIP) of at least $10,000 in personal injury protection and $10,000 in property damage. However, it is common for truck accidents to cause serious damage, which results in huge medical bills and severe damage to property. When this happens, your insurance policy may not cover the costs of your damages. It is possible to claim from the insurance company of the other party but they may also have a low level of coverage. In this situation, your only option may be to file a personal injury claim against the other party in order to receive the compensation you are owed.
Damages Available Following Truck Accidents in Port Charlotte, Florida
Depending on how severe your truck accident was in Port Charlotte, there may be a wide range of damages available to you if you file a personal injury claim. An accident attorney from our law firm can help you file for the following damages:
- Medical expenses – If you have been injured because of the accident, you can claim any medical bills resulting from your injuries. This can include bills for hospital appointments, any future medical costs resulting from life-altering injuries, and transport to and from these appointments.
- Lost wages – If the accident resulted in you being unable to work, you could claim any lost wages. This can include any potential future earnings.
- Property damage – When truck accidents happen, it is often the case that the property and vehicles involved are seriously damaged. A car accident attorney can help you claim compensation for any damage to your vehicle, including any valuable items contained inside at the time.
- Pain and suffering – If you have suffered any physical or emotional distress resulting from the accident, you can receive compensation for this. An example of pain and suffering damages could include being unable to participate in a hobby you previously enjoyed because of your injuries.
- Wrongful death – Losing a loved one in a car accident is tragic, and no amount of money can relieve this pain. An accident lawyer can help reduce any financial burdens by claiming funeral costs and a loss of income to the family household.
If you have been involved in a failure to yield accident in Florida, we recommend speaking with one of our accident lawyers as soon as possible. They can build a personal injury case on your behalf in order to receive the financial compensation you deserve for any damage you have suffered. We offer a free case evaluation where you can speak to a lawyer from our firm who can assess what damages you may be entitled to.
How Does a Lawyer Gather Evidence in a Florida Personal Injury Case?
Once you contact a lawyer following an auto accident in Port Charlotte, they will immediately begin to gather evidence in order to ensure that your case is strong. Some of the steps they will take include:
- Attending the scene of the auto accident to gather any evidence that is present. This includes taking pictures of any skid marks, any damage to the surrounding property, and of the traffic signals in the area.
- Meeting with reconstruction experts and experts witnesses in order to get a clear account of what happened.
- Speaking with witnesses to the scene of the accident.
- Examining any CCTV footage or videos of the accident.
- Using all of the evidence they have gathered in order to build a strong case.
What Will The Law Place Do for Me?
Our law firm knows that when car accidents happen, they are extremely stressful and can often result in huge financial burdens. Our priority is ensuring that you do not suffer any further stress following the accident and that you recover the damages you are owed. This is why our legal team works on a contingency basis, which means that if we are not successful in winning your case, we will not take any money from you. If we do win your case, our fee will be deducted from your settlement, and we always guarantee our costs to be at a fair rate.
We offer a free case evaluation where you can receive experienced legal advice from a lawyer regarding your claim. In this case evaluation, we will examine what happened in order to determine whether you have a viable claim. If you decide to proceed with us as your legal representatives, we will take over the case entirely and do all the investigating on your behalf.
Speaking with insurance companies following a motor vehicle accident is stressful, particularly when you have suffered serious injuries or damage to your property, as they will often try to devalue your claim. We will take over all communication with insurance companies on your behalf to ensure that you recover the financial compensation owed to you.
Research has shown that having legal assistance increases your chances of receiving a payout by 90% and that the compensation you receive is, on average, much higher than what you would receive without the help of a lawyer. This is why we recommend you contact our legal firm as soon as possible in order to maximize your chances of receiving compensation.
Contact The Law Place Today
If you have been involved in a motor vehicle accident resulting from a failure to yield in Port Charlotte, Florida, you should contact The Law Place today. Whether you have suffered injuries, your property has been damaged, or you have lost a loved one as a result of the collision, our legal team is here to help you every step of the way.
We offer a free case evaluation with a legal representative from our firm who will give you guidance on how best to proceed with your case. Our firm boasts over 75 years of experience in legal practice in multiple practice areas, meaning you will benefit from a wide range of experience and knowledge.
Don’t hesitate to contact us. The sooner you do, the better chance we have at getting you the compensation you are owed for any medical costs or damage you have suffered.
Contact us today for a free consultation at (941) 444-4444. Our lines are always open.