Truck accidents are much more serious than car accidents, and the consequences can be very traumatic due to the large size and weight of a truck in the State of Florida. The damages caused by truck accidents can be disastrous, and some of the main examples of this include serious personal injury, property damage, pain and suffering, and more.
The lawyers that deal with truck accidents are personal injury lawyers, which are also known as truck accident lawyers. It is very important that you seek legal counsel from a reputable law firm that you know and can trust, as they will be the ones to protect your legal rights and win the compensation that you deserve after suffering injuries in a truck accident. The best way for you to figure out what you are entitled to claim is by hiring a truck accident lawyer from The Law Place.
The Law Place has over seventy-five years of collective experience in successfully handling cases from extreme truck accidents to minor car accidents in the State of Florida. There is no case too big or too small for The Law Place, and we always make sure that every client is satisfied with the outcome of their case in the end.
If you or a loved one were seriously injured in a truck accident, semi-truck, or tractor-trailer accident, then you are owed compensation in the State of Florida. A truck accident lawyer from The Law Place will assist you in filing your personal injury claim and answer all of your questions.
Contact us now on (941) 444-4444 to schedule a free consultation, and we will fight your truck accident case together in the State of Florida. Our phone lines are open 24/7.
Why You Need a Lawyer Who Specializes in Truck Accidents
There are close to half a million truck accidents that occur every single year in the United States of America. Up to 5,000 of these truck accidents result in the death of the driver of a smaller motor vehicle 97% of the time. The result of a truck accident colliding with other vehicles and pedestrians tends to be catastrophic. If you have suffered injuries in a truck accident caused by the negligence of a truck driver, then you should reach out to a personal injury lawyer from The Law Place today.
Trucks and other big rigs pose a threat on the road when they are not properly maintained or if they are being driven negligently. In addition, truck accident cases are much more expensive and complex in comparison to car accidents, which means that they are harder to win. That is why you must hire a personal injury lawyer who has the necessary experience and knowledge to handle a truck accident case and recover the compensation that you deserve.
The Law Place has countless years of experience in truck accident law. We have a dedicated team of truck accident injury lawyers who are ready and willing to tackle the case and achieve justice for you and your family. We will provide vigorous representation – whether that means settling your personal injury claim or going to court to fight for what you are owed.
Different Types of Trucks in Florida
Trucks are generally recognized as large commercial vehicles. The purpose of commercial trucks is to transport goods or property from one place to another. Pickup trucks and large SUVs might also be considered trucks, but truck accidents usually refer to larger vehicles.
Some of the most common types of trucks include:
- Flatbed truck.
- Cement truck.
- Garbage truck.
- Heavy truck.
- Tanker truck.
- Big rig.
- Dump truck.
- Tow truck.
- Log carriers.
- Postal trucks, FED EX & UPS trucks.
What Causes Truck Accidents in Florida?
In some truck accident cases, the extra weight can cause a semi-truck or tractor-trailer to lose balance if they are not loaded properly. A truck that has been improperly loaded can affect the truck driver’s ability to stop and control the large vehicle, especially when they are trying to brake or turn. Overloaded trucks are a big risk for rollovers in the State of Florida.
In other truck accident cases, a truck driver using drugs or drinking alcohol while behind the wheel can cause them to speed, tailgate, fail to yield, or make illegal lane changes, which can lead to accidents.
Some of the main causes for truck accidents to occur are:
- Improper training.
- Improper turning.
- Distracted driving.
- Blind spots.
- Equipment failures.
- Blown out tires.
- Driving under the influence (DUI)
- Failing to yield.
- Vehicle defects.
- Incorrect trailer attachment.
- Traffic congestion.
Other causes for truck accidents can involve negligence on the part of the truck driver, truck owner, employer, truck maintenance crew, or cargo company.
What Should I Do After a Truck Accident?
- Stop your vehicle and exchange information – You are required to stop your vehicle at the location of the crash or as close as possible to exchange the necessary information. You will need to exchange names, addresses, vehicle registration numbers, and driver’s licenses or permits (upon request).
- Check for injuries – If you are uninjured, then you are obliged to render ‘reasonable assistance’ to anyone else who suffered injuries in the truck accident. You must also call an ambulance to the scene of the accident and wait for them to arrive.
- Report the accident – You are required to call the police to the scene of the accident that involves personal injury or death. A police officer will investigate and file a report of your truck accident, which will also benefit your personal injury claim. For crashes that involve property damage, you must submit a report of the accident to the Florida Department of Highway Safety and Motor Vehicles (FHSMV).
- Collect information – If there are any eyewitnesses to the accident, you should collect their contact information, such as their names, addresses, phone numbers, email addresses, and a statement or a written note if they are willing.
- Collect evidence – It is essential that you gather evidence from the scene of the truck accident, which includes taking pictures of the location, the position and damage of the vehicles, road conditions, property damage, and personal injuries.
- Notify your insurance company – You usually have up to 24 hours to contact your insurance company and notify them of your truck accident in the State of Florida. Your personal injury lawyer can even speak to your insurance company on your behalf to make sure that you do not say anything that could be detrimental to your case.
- Document everything – It is worth keeping track of your injuries and your recovery process. Note all of your damages, medical bills, experiences of pain and suffering, and any changes that you have had to make to your living situation in a journal.
When Should I Hire a Truck Accident Lawyer?
We highly recommend that you hire a truck accident lawyer as soon as possible after a crash.
The trucking company will quickly launch an investigation after an accident to gather evidence and try to reduce their liability as much as possible. You will need a team of professional investigators on your side to perform their own investigation and protect your legal rights. In addition, the vehicles involved in the crash must be inspected immediately. We will have our accident reconstruction professionals, engineers, and metallurgists investigate every little detail of your case. We will preserve every piece of evidence to prove fault for the trucking accident in the State of Florida.
Insurance adjusters and the trucking company’s lawyers will try to deny fault after the truck accident. You will not stand a chance against big-time companies unless you have an experienced team of truck accident lawyers on your side.
Injuries Caused in a Truck Accident in Florida
Injuries sustained in a car accident can be severe, but truck accidents can lead to even more serious injuries. Some injuries might be minor – such as bruises, scrapes, and sprains – and other injuries might be devastating and life-threatening.
Here are some of the most common injuries caused by truck accidents:
- Burns to the body and face.
- Joint injury.
- Back and neck injuries, such as herniated discs.
- Broken bones and fractures.
- Nerve damage in the legs, arms, and hands.
- Spinal cord injury.
- Traumatic brain injuries, concussions, and other head injuries.
- Permanent scars and disfigurements.
Physical injuries are not the only damages that can be caused by a truck accident – there is also emotional trauma and mental anguish, which are very serious forms of pain and suffering. These kinds of emotional injuries can affect immediate family, spouses, and children as well.
How Much Time Do I Have to File a Truck Accident Lawsuit in Florida?
You have up to four years from the time of your truck accident to file a personal injury claim to recover compensation in the State of Florida. However, if someone was killed in a truck accident, then you will have up to two years from the time that they passed away to file a wrongful death lawsuit. This is called the ‘statute of limitations,’ as outlined in Florida Statute 95.11.
What Factors Determine a Truck Accident Settlement in Florida?
It is unlikely that you will be able to determine the amount that you will receive in a settlement offer without the experience and knowledge of a truck accident lawyer, who will build your case and figure out what you are owed. Every truck accident case is different, and there is not a basic guideline for determining the amount of an average settlement.
Some of the main factors that will affect your settlement offer include:
- The seriousness of your injuries, such as bone fractures, spinal cord injury, or a traumatic brain injury.
- The permanence of scars or disfigurements.
- Types of medical treatment, surgery, and rehabilitation due to the truck accident.
- Psychological trauma and mental anguish because of the truck accident.
- How your injuries have affected your lifestyle and daily activities.
- The amount of negligence that the truck driver was found guilty of.
- The amount of lost wages and changes to earning capacity.
- The policy limits of the insurance company for the trucking company and the truck driver.
Determining Fault for Truck Drivers in Florida
Determining fault for a truck accident injury can be a very complicated process. The multiple insurance companies involved will throw blame back and forth in an attempt to avoid liability and drag out the process for as long as possible. There are also state and federal governments to consider, as they have laws to protect the trucking industry from litigation in the State of Florida.
The Law Place sees through the tactics of insurance companies, and we have countless years of experience in determining fault for truck accident cases. We will hold all at-fault parties accountable, which includes:
- The driver of the truck.
- The owner of the trailer or the truck.
- The business that leased the truck.
- The manufacturer of the defective equipment, part, or truck.
- The company responsible for the maintenance of the truck.
- The owner of the cargo.
- The shipper of the cargo.
- The transport company.
Proving Negligence in Florida
If the driver of the truck failed to operate or manage the commercial vehicle in line with the state and federal regulations in the State of Florida, then they can be held liable for any injuries or damages that occurred because of their negligence.
The likelihood of a disastrous accident is much higher when a truck is involved. In addition, there are high expectations of truck drivers as they must provide extra care on the road compared to drivers of smaller vehicles. Trucks are much bigger and heavier, which means they lack the ability to maneuver as quickly as other vehicles.
For these specific reasons, truck drivers have a heightened duty of care to drive safely, in accordance with the law and trucking regulations. Therefore, truck drivers must exercise additional care when they are operating their vehicle on the same road as other drivers.
A truck accident attorney must be able to prove negligence by establishing these key aspects in a personal injury claim:
- Duty of care – The truck driver had a duty of care to you.
- Breach of duty – The truck driver breached their duty of care by violating the state and federal trucking regulations, which include driving while distracted or driving under the influence of alcohol or drugs.
- Personal injury – The truck driver caused you to suffer a truck accident injury.
- Damages – The truck driver breached their duty of care to you, which resulted in personal injuries and damages.
Product Liability in Florida
If a defective part of a truck or any of its components were the cause of your truck accident, then the manufacturer of the product can be held liable for your injuries and damages. A truck accident attorney will file a product liability negligence lawsuit by proving:
- There is a defect existing in the truck.
- The manufacturer was aware or should have known about the defect in the truck, but they still allowed it to be in the stream of commerce.
- You suffered a truck accident injury.
- Your truck accident injury was caused by the defect existing in the truck.
The manufacturers can be held liable for personal injuries or damages, even if they had no knowledge of the defect and they showed care during the manufacturing process. In this case, your personal injury lawyer will have the responsibility to prove that a defect exists in the truck and it was the defect that caused your injuries.
However, you will not be able to file a liability lawsuit if you purchased the truck second-hand or it was altered in significant ways. The product manufacturer is not responsible for these types of vehicles, as the truck and trailer have to be purchased in a chain of distribution.
Wrongful Death in Florida
If you tragically lost a loved one in a truck accident in the State of Florida, then the law might allow you to file a compensation claim for any losses incurred. Your personal injury lawyer will have to prove that the driver of the truck or other party behaved in a negligent manner, which resulted in the death of your loved one.
Truck Accident Compensation in Florida
You and your family will have to face medical bills, the costs to repair or replace your vehicle, and missed paychecks due to being unable to work following your personal injuries from a truck accident. If you are wondering how to protect your best interests, then reach out to our personal injury lawyers at The Law Place today.
Here are some of the main types of trucking accident compensation available in the State of Florida:
- Medical bills – Payment for past, present, and future hospital bills, which include surgery, rehabilitation, prescription medication, and medical equipment.
- Lost wages – Payment for lost wages and any changes to your usual income.
- Property damage – Payment to repair or replace your vehicle.
- Pain and suffering – Payment for pain and suffering, which includes emotional trauma, mental anguish, post-traumatic stress disorder (PSTD), and a reduction to your quality of life.
Important Differences Between a Truck Accident and a Car Accident in Florida
The Law Place will explain the main differences between a truck crash injury claim and a car accident injury claim. Here are some of the comparisons:
- Multiple parties that can be held liable for an accident – In the case of a car accident, it is usually you versus the other driver. In the case of a commercial vehicle accident, it will be you dealing with a whole host of other parties, including the negligent truck driver, the trucking company, the manufacturer of the vehicle, and the mechanic.
- Injuries sustained in an accident – The estimated weight of a motor vehicle is around 3,000 pounds. The estimated weight of a commercial vehicle can range anywhere from 10,000 to almost over 80,000 pounds when there is cargo involved. When commercial trucks are traveling at high speeds with heavy loads, this makes it much harder to maneuver and stop. The size difference between a motor vehicle and a commercial vehicle is one of the main reasons why personal injuries have the potential to be much more severe – with the possibility of disability or even death.
- Accidents involving other factors – There are other causes for accidents to occur, such as cargo shifts or blind spots. The size of a truck is a major hazard as it presents more dangers, such as bigger blind spots and making it harder to maneuver or break. The carrying of cargo is also a hazard when it becomes unbalanced, loose, or shifts during transport.
- The legal team of trucking companies – After a truck crash has occurred, trucking companies will dispatch their legal team to the scene immediately. This will give them the opportunity to gather evidence and reduce liability before you are able to even think straight or hire a truck accident attorney to protect your rights.
- Truck driver records and evidence – Only truck accidents have driver records and ‘black box’ data, which record valuable information for if a crash occurs. Most of these records can be manipulated, such as the time of the driver’s duty. Over time, the truck company has the legal right to destroy these records, which removes them as a piece of evidence in your truck accident case.
How Can Our Truck Accident Attorneys Help in Florida?
The size and weight of a commercial vehicle, semi-truck, tractor-trailer, or 18-wheeler can result in colossal damages and fatal injuries in a truck accident. Truck accidents are often special cases that require a personal injury lawyer who is highly trained in litigation due to the complex nature of these types of crashes in the State of Florida.
The Law Place has over seventy-five years of experience and knowledge, and we will pay personalized attention to your unique case. Our team of truck accident attorneys will work hard to gather evidence and build a strong case as quickly as possible. We are well-versed in the art of dealing with insurance companies, and we will negotiate with them to settle on an amount that is satisfactory for you. Our law firm has a positive reputation for winning in the courtroom, and we will protect your legal rights no matter what.
Our team of truck accident attorneys will act fast to:
- Conduct an extensive investigation into your truck crash.
- Establish who is liable for your truck accident.
- Collect and preserve the evidence in the aftermath of the truck crash.
- Speak to eyewitnesses and interview them for a statement.
- Examine reports from the police department and insurance companies.
- Gather photographs and review the camera footage from the time of the truck accident.
- Analyze the photographs of the damaged vehicles to work out the extent of the damages.
- Review medical records.
- Call in reconstruction and trucking professionals to recreate the crash.
Truck Accident Statistics and Information in Florida
The Florida Highway Safety and Motor Vehicle (FHSMV) reported that over 693,561 motor vehicle operators were involved in up to 403,626 road crashes in the State of Florida last year alone. On average, there were 1,106 accidents occurring every day. Out of these numbers, 236,157 drivers and passengers suffered injuries, 19,196 were incapacitated, and 3,135 were killed. Most of the injuries and deaths were caused by crashes involving commercial trucks, big rigs, 18-wheelers, tractor-trailers, delivery trucks, semi-trucks, dump trucks, or garbage trucks.
Common highways for accidents to occur in the State of Florida includes the I-4, I-10, I-75, and I-95.
Contact The Law Place Today
If you or a loved one sustained serious injuries from a truck accident in the State of Florida, then it is crucial for you to hold the at-fault party accountable for their negligence so that you can win the compensation that you are owed for your injuries and damages.
The Law Place has over seventy-five years of combined experience in fighting for the rights of those who have been involved in trucking accidents across the State of Florida. Our law firm is not afraid to take on big-time businesses, including insurance companies and trucking companies. A trucking accident lawyer will defend your corner and make sure that you receive the compensation that you deserve.
Our team of truck accident lawyers is well-versed in truck accident law, and we will not let any insurance company or trucking company take advantage of you – especially when you have suffered a great deal. Our law firm will use evidence to build a strong case against the trucking company that caused your accident while you are on your way to recovery.
For us to achieve an outcome you are happy with, it is crucial that you provide us with all the details of the crash so that we are able to develop a strong case that accurately represents your situation.
Contact us now on (941) 444-4444 to schedule a free consultation, and we will fight your truck accident case together in the State of Florida. Our phone lines are open 24/7.