A commercial truck is a massive vehicle that can take up multiple parking spaces meant for smaller passenger vehicles. Truck drivers should take extra care when parking, particularly in low-visibility areas. They could be liable for an accident if they parked on the shoulder of a road or highway without using lights and other warning devices, blocked the flow of traffic, or otherwise parked negligently or illegally.
You do not have to understand or prove liability on the truck driver’s part alone. Instead, consult a local law firm to review your truck accident claim at no cost or obligation. A Fort Lauderdale truck accident lawyer will investigate your parked truck accident at night, explain how poor visibility affects liability, and assess its impact on your right to financial compensation.
The Importance of Identifying Negligence and Parked Truck Accident Liability
In a collision between two vehicles, financial liability is attributed to the driver whose negligence caused the accident. Your lawyer will hire an accident investigator who will collect evidence and interview witnesses to document the following elements of negligence:
- Duty of care: Each driver is responsible for safeguarding others on the road and driving and parking responsibly.
- Breach of duty: The action that did not meet the required duty of care (e.g., parking in a manner that blocks traffic flow).
- Causation: A direct correlation between how and where the trucker parked and your accident and injuries.
- Damages: The negative fiscal impact of the accident, including medical bills and property damage.
In a parked truck accident claim, that means proving the truck driver parked negligently, recklessly, or carelessly.
A Strong Evidence Collection Can Prove the Truck Accident’s Cause
The evidence you need to build a persuasive truck accident claim can be hard to compile. However, if you have a lawyer, they will take on this potentially daunting task for you. The evidence they collect might include:
- Medical records
- Truck accident report
- Parking lot videos
- Accident scene photos
- Witness statements
- Trucker logbooks
The truck driver’s insurance company will demand proof of their policyholder’s financial liability. Your lawyer will present your case file in an organized and timely manner. It will also include medical bills, proof of income, and other documentation of the accident’s monetary impact.
How Negligent Parking Can Cause Truck Accidents Due to Poor Visibility
When it is time to park for the night, commercial truck drivers have many options, including rest areas, truck stops, retail parking lots, and hotel parking lots. No matter where they park their vehicle for the night, the trucker must do so responsibly.
Parking at night when other truck and car drivers experience limited visibility can pose a hazard in the following ways:
- A parked truck may not have brake or parking lights deployed, decreasing their visibility
- A parked truck could be wrapped in dark colors, further reducing its visibility
- A driver could situate their parked truck in a way that other drivers may not expect (e.g., on the shoulder of the road)
A jury could construe these parking habits as negligent, entitling the injured party to financial recovery. Assessing liability for truck accidents due to poor visibility can be challenging. You might also share the blame, leading to a comparative negligence claim that could decrease any damages you might recover.
The Hazardous Impact of Negligent Parking on Nighttime Truck Accidents
According to Federal Motor Carrier Safety Administration (FMCSA) data, a significant number of truck accidents happen at night. Accordingly, the following percentages represent heavy truck accidents that occurred between 6 pm and 6 am:
- 37% of all fatal accidents
- 24% of all injury accidents
- 21% of property damage accidents
Your legal team will document the date and time of the crash to ensure it meets the statute of limitations. It will also clarify when sunset occurred and identify other environmental factors that affect visibility.
Economic and Noneconomic Compensation for Nighttime Truck Accidents
A truck accident settlement is a combination of individual economic and noneconomic damages, including the following:
- Medical bills (rehab, therapy, medications, assistive devices)
- Lost wages (full- and part-time earnings and loss of benefits)
- Loss of future earning potential (due to forced inability to work)
- Significant impairment (disabling and disfiguring injuries)
- Physical pain and suffering
- Loss of enjoyment of life (mental and emotional distress)
Your lawyer will assess your damages, document their value, and fight for the best possible monetary settlement.
File Your Truck Accident Lawsuit According to the Statute of Limitations
You generally have two years to file your injury or wrongful death lawsuit, per Florida Statutes § 95.11. If you don’t file your lawsuit on time, the court could bar you from ever filing it.
A truck accident attorney can interpret the filing deadline, prepare for potential fluctuations, and protect your ability to seek damages by filing your lawsuit on time.
Call (954) 633-8270 for a Free Review of Your Parked Truck Accident Claim
Suppose a driver negligently or illegally parked their truck, and you suffered an injury in a collision due to low visibility. The truck accident lawyers at the Law Offices of Wolf & Pravato can help you obtain compensation. We will investigate your parked truck accident at night and explain how poor visibility affects liability and your right to financial recovery.
During a free consultation, learn more about the benefits of hiring our results-driven law firm. Contact our team for yours today.
