Trucks are capable of transporting heavy loads of cargo to and from destinations all across America. If adequately loaded, that is. If you are a victim of an accident due to the wrongful loading of cargo into a truck, you may be entitled to compensation for your pain and suffering. But we understand how confusing the law can be if you are familiar with it. The professional legal assistance of an experienced accident lawyer will support and guide you through this time.
Our lines are open day and night, so please don’t hesitate to contact us anytime at (941)-444-4444. We can arrange a free consultation for you, which will give us the chance to listen to your case and offer you expert advice on whether you could be entitled to any damages.
Reasons for Unsecured Loads
There are many things that may cause cargo to become unsecure. Some examples are:
- Overloading stock onto the truck beyond the recommended weight.
- Unevenly loading cargo.
- Poor balancing of cargo.
- Improper tie-downs of cargo or the equipment used to secure the load were faulty or insufficient.
- The truck driver exceeded the recommended speed, causing the load to become unsecured.
- Poor weather can cause tires to slip and jolt the vehicle, causing cargo to fall over or become insecure.
- Trailer doors coming unhitched and opening whilst the vehicle is in motion.
Immediately after a truck accident, it is vital that you retrieve as much evidence from the crash scene as possible. This means taking photographs of damaged vehicles, skid marks, and taking statements from eyewitnesses or other people involved in the accident. This is all considered important evidence that can be vital for your accident claim. The more evidence you retrieve from the incident, the better chance your attorney has at building up a solid case for your claim and uncovering exactly what happened at the scene.
Florida Unsecured Loads Laws
You find laws on secured loads and rules regarding state uniform traffic control in Florida Statute 316.520. This states that it is the duty of the driver or owner of the truck upon any highway or road to ensure the cargo or materials carried upon the truck to be secured in an efficient way to stop them from falling off or escaping the vehicle.
Florida is also a no-fault state. This means that it is up to the person involved in the accident to contact their own insurance and arrange payment for damages. No-fault law also means that everyone is responsible for their own insurance cover. This means that, regardless of who was at fault for the collision, your insurance will still pay for your own damages.
Unsafe Truck Loading Liability in Venice, FL.
In the event of a truck accident due to an unsecured load, it may not always be clear who was responsible for the accident. However, in many cases of accidents involving a trucking company, the fault may be that of the driver or the company that the driver is working for. Some parties that may be held responsible for a truck accident are:
- The truck driver – The truck driver may have been driving recklessly or under the influence of drugs or alcohol, causing the driver’s judgments to be altered, resulting in the collision.
- Government entity – If the road conditions are attributed to the cause of the accident.
- Truck manufacturer – The truck may have been fitted with faulty parts upon manufacture.
- Truck maintenance – It is up to the commercial truck company to maintain all of their vehicles, ensuring the safety of their drivers, for example, ensuring that brake lights, indicators, etc., are all fully functioning.
- Third-party driver – The accident may have been caused due to somebody else on the road, causing the truck driver to need to swerve violently, causing the cargo on board the truck to tip.
Company negligence is when a professional or company owner fails to follow the correct procedures, regulations, or standards or fails to perform according to their duty of care. Neglecting duty of care or committing company negligence can result in the company having to pay fines worth millions of dollars, resulting in financial turmoil for the business.
Following a truck accident, or a collision involving multiple vehicles, it might not be easy to determine who was at fault straight away. It will not take our personal injury lawyers very long to look into your case for you and investigate who was at fault. By looking through the facts and evidence of the incident, our lawyers can prove the liability of the at-fault party.
What Damages Can I Claim for in a Truck Accident?
Florida is a no-fault state, which means that it is your responsibility to contact your own insurance company to cover any costs. In most cases, the people involved in the incident will turn to personal injury protection (PIP) if they wish to receive payment. There are many different types of damages that may have occurred as a result of a truck accident. However, some common types of damages you might be entitled to are:
- Pain and suffering.
- Loss of earnings.
- Medical bills.
- Property damage.
- Wrongful death.
It is important to note that as an accident victim, you have up to 14 days to get medical care for your injuries, or your PIP provider may deny you any type of payment.
Filing a Personal Injury Lawsuit After a Trucking Accident
If you have been injured in a truck accident or received damages to your vehicle due to unsecured cargo, then it is important to take the right steps following this if you wish to receive any compensation or damages.
You can find information on the rules of filing a personal injury lawsuit in Florida Statute 95.11. This states that you have up to four years to file a claim after being involved in a trucking accident. In cases where there had been a fatality or wrongful death, then the time period to make a claim is decreased to 2 years.
If you wish to protect your rights or believe that you have not been paid an efficient amount of compensation, then you need to contact a truck accident attorney to look through your case and fight for the compensation you deserve.
How to Deal With Insurance Companies Following a Collision
Following a collision, you must contact your insurance company and inform them of the accident. Your insurance contract will usually let you know how much time you have to contact your insurance provider, but in most cases, you will have up to 24 hours to inform them.
It is crucial that you do not explain too much to your insurance provider at this time, as you may be unaware of the total extent of your injuries. Therefore, you could be cutting yourself short of the compensation that is owed to you.
How Much Compensation Will I Be Entitled To?
Before we have reviewed all the evidence from the evidence and are completely familiar with your case, it can be almost impossible to determine what you could be entitled to in terms of compensation. Every case is different, and damages vary, so until the total damages of your case have been calculated and a medical professional has recorded your injuries, it is impossible to give you a quote. If you want to find out more, call today for a free consultation and information that is specific to the details of your case.
How Much Will a Venice Truck Accident Attorney Cost Me?
All of our lawyers work on a contingency basis, which means that unless your case is successful, you will not have to pay us anything. Only when you have received your payment will we take a small percentage to cover our fees, so you can just relax and not worry about putting aside money to pay us or hidden fees. Please don’t be afraid to reach out to our law firm. You have nothing to lose!
How Can an Accident Lawyer Help Me Receive Compensation?
It is proven that you stand more of a chance of receiving a claim with a professional legal representative at your side. We will take care of all the relevant paperwork that comes with a claim so that you can relax – you have been through enough already!
We understand how complicated the law can be if you’re unfamiliar with it. That is why our lawyers are here to make you fully aware of all your rights and everything you could be entitled to. Our truck accident lawyers are here to offer you complete support and guidance through this difficult time. You don’t have to go it alone! Call today to find out more.
The Law Place
If you or a loved one has been involved in a truck accident due to an unsecured load, then you could be entitled to compensation. With over seventy-five years of combined knowledge and experience, there is not a claim that we aren’t willing to fight for.
Please don’t hesitate to call The Law Place today. We will schedule a free consultation with you, giving you a chance to ask us any questions you may have. A free consultation will also allow us to explain to you our process and what the next best steps to take are in regards to your claim.
Call us anytime for free at (941) 444-4444. Our lines are open 24 hours a day, seven days a week. At The Law Place, there is always a truck accident lawyer on hand to answer your call and we ready to get to work on your claim for you.