When you are driving a truck, you instantly have the potential to cause a higher level of damage and injury in a crash due to the size of your vehicle. Failing to give way when you should is just one example of this. Although they are not a common accident in Tampa, they do still happen when drivers act in a negligent way. When drivers fail to follow the rules of the road or ignore them because they are in a hurry or under the influence, this can lead to a serious accident.
If you have been in an accident caused by a truck driver’s failure to yield, get in touch with our skilled personal injury lawyers at The Law Place. We are available 24/7 and have dealt with cases just like yours. We can help you seek compensation for the injuries and damages you have received, just call us on (941) 444-4444.
Common Issues With a Failure to Yield Accident in Tampa, Florida
The first part of any accident case is to figure out where the fault lies.
Who Has Right of Way in Tampa, Florida?
Florida law is very clear when it comes to the right of way.
- At a stop sign, you have to yield and give all right of way to other drivers, pedestrians, and cyclists.
- When you come to an open intersection, you have to give right of way to any other vehicles already on the intersection.
- On any roundabout, you have to give right of way to all oncoming traffic.
- A driver must yield to emergency services at all times.
How Do We Prove Liability in a Failure to Yield Truck Accident?
To win a claim for a settlement or payout after an accident in Tampa that isn’t your fault you have to be able to prove that:
- The other party owed you a duty of care – For example, they were meant to give you right of way.
- The other party did not uphold their duty of care- For example, the driver did not follow Florida right of way laws and didn’t yield.
- The other party’s actions caused you personal injury- As a result of the above, you ended up with injury and damages.
Often in failure to yield cases, the other driver will fight you over who is at fault. They may say that you were breaking the speed limit or that the stop sign was obscured. This is where a personal injury truck lawyer can come in handy, and they can help protect you from false accusations.
What Evidence Can Be Used to Prove the Other Party Failed to Yield?
When you agree to representation by a Tampa personal injury truck accident lawyer, they will begin to investigate and build your case up on your behalf. They know the best way to place fault on the other driver and know how to disprove any blatant lies:
Your experienced Tampa, FL attorney will:
- Look for any accident scene evidence that points to what happens. They may bring in expert reconstructions who will be able to figure out who is at fault.
- Look for experts to evaluate the damage done to both vehicles.
- Speak to any of the witnesses who saw the accident.
- Find the CCTV footage for any local cameras that might show what happened during the accident.
What Damages Can You Claim for in Tampa, Florida?
There are lots of different types of damages you may be entitled to claim for after an accident that isn’t your fault. To secure these, you will need the skill of a good Tampa law firm working your case. They will help you organize your evidence and notes and will help you keep notes of all correspondence.
Some damaged you can claim for include:
- Medical bills – Any costs for injuries you have received as a result of the accident will be claimable as long as you keep all records of the bills and follow the full treatment plan a health professional has told you too.
- Loss of earnings – This compensation includes a payment to cover the money you have lost if you cannot go to work. If you damage your leg, for example, and cannot drive to work, they will have to cover your lost wages.
- Pain and suffering – Pain and suffering is an overall term that is used to describe the physical and emotional trauma an injured person experiences during the accident and recovery.
- Punitive damages – Punitive damages are a rare form of damages that are awarded for two reasons—either gross negligence or injury with intent.
Who Can You Hold Liable for Your Truck Accident?
Once you know what the cause of your accident is and have worked out the losses that you want to claim for, you will need to identify who is at fault in order to seek financial recovery.
Accidents involving commercial drivers are slightly different from normal car accidents, so we advise you to speak to a skilled truck accident attorney in order to get the best advice.
There are several different parties who can be held liable after a truck accident:
- Drivers – Most truck accidents are caused by the human error of the commercial driver. In these cases, they are the liable party.
- Company- In some cases, the trucking company can be held responsible, especially if the accident was due to a lack of training or supervision.
- Manufacturer- If the truck accident has happened because parts of the truck failed or were defective, the manufacturer of the truck may be liable.
Common Reasons Why Truck Collisions Happen
Just like with regular car crashes, there are a huge number of reasons why a truck might fail to yield and cause an accident. Sometimes these reasons are human error, and sometimes they are mechanical. A bad brake pad replacement done by an incompetent mechanic could be a reason, as could a driver falling asleep.
Here are some common reasons why truck accidents happen in Tampa:
- Drivers being under the influence of alcohol or drugs.
- Drivers using mobile phones, texting, changing the radio, etc.
- Speeding or tailgating.
- Road rage or aggressive driving.
- Driving while fatigued, past their hours of service restrictions.
Besides the damages and negligence involved in a truck accident, there can be other legal issues that arise in a commercial truck accident. These laws and legalities could have an impact on your claim.
- Driving under the influence (DUI) cases – Commercial drivers can be found guilty of driving under the influence if they have a blood-alcohol level of 0.04 percent. This is half the limit allowed for regular drivers.
- Drug testing – Commercial truck companies should administer regular drug and alcohol tests to their drivers. If they did not do these tests and later tests find that the driver had substances in their system, this means the trucking company could be found negligent.
- Record-keeping – There are strict rules on the records that truck drivers have to keep about their driving. If it is found that they have not been recording their driving hours or have exceeded them without taking a break, this could make them negligent.
What Can a Tampa, Florida Accident Attorney Do for You?
Your chances at success and the value you can claim both raise dramatically when you hire skilled truck accident lawyers to represent you. On average, 90% of all cases that involve a personal injury lawyer result in a payout. As well as the higher win rate, the value of the settlement and payout figures for those with injury lawyers representing them are, on average, 60% higher depending on the case at hand.
At The Law Place, we make it our main priority to make this experience less stressful and simple for you. We know how hard the period around a crash can be, and we want you to have space and time to recover properly.
When you first call us, we will give you a free consultation. During this free consultation, we will ask some simple questions to figure out where you stand in terms of your claim. We will advise you on what we think is your best course of action. All of this advice is free and has no strings attached. If you want to leave after the consultation, we won’t stop you.
If you decide that you do want representation, then we will arrange a more detailed meeting to get a better idea of what happened and collect any evidence you may have already. At this point, we will layout our fee structure in a clear easy to understand way. Once you are happy, you sign on the dotted line, and we take over your case.
Now we are representing you, and we become your advocate. This means we protect you from the other parties and do all of your liaising. You will not and should not talk to any other parties from this point on. Tell anyone that rings that you want them to speak to your attorney. This stops them from using underhanded tactics like sending low ball offers to get you to accept quickly and for less than you deserve.
We are now going to start investigating for you. We will collect all the evidence we can, including speaking to witnesses, the police officers from the scene, the first responders, and any expert witnesses we feel we might need. We will use all of this information to build up a strong case for you.
We will then use this strong case as a position of negotiating power. We will have a rough idea of what we want to seek compensation and will send a demand letter to the at-fault party. If they agree to this, then everyone wins, you get your money, we take our fee, and you get what you deserve.
If they decide to play hardball or refuse your claim, we will use that same strong case we have built you in order to convince a judge and jury that you deserve the compensation you are asking for in court.
Contact The Law Place Today
Being involved in an accident can be a stressful and chaotic period. Your injuries could be causing you pain and suffering, and you have to deal with insurance companies and seek compensation, all while dealing with the mental stress of being involved in an accident.
Here at The Law Place, we want to help take some of the stress off your shoulders. From the second you call for your free consultation to the trial phase, we will shoulder as much of the burden as we can, leaving you time to rest and recover.
Our team has a combined experience of over 75 years at dealing with cases just like yours. Our phone lines are open twenty-four hours a day, seven days a week. Call us on (941) 444-4444 and start your journey to recovery and compensation.