Florida Truck Accident Attorney
Your Florida truck accident lawyer is there to help you deal with the legal drama, and the priority is actually proving the extent of your injuries. In order to claim compensation for damages, you must be able to prove the full extent of the damages caused by the trucking accident and that’s a venue your semi truck accident lawyer can assist you with.
The damages that you can claim after a truck accident in Florida are similar to what you can claim after a car crash. However, the extent is usually bigger. These claims include past, current, and future medical expenses, loss of income or the ability to earn, pain and anguish, wrongful death (in the worst case scenario), and other such losses that can be directly traced to the accident.
There are many damages that you can claim, but the hard part is actually proving that the truck company is at fault. When it comes to investigating the accident and proving this fault, your Florida truck accident attorney can definitely help you and fight for your semi truck accident settlements. Below are the tasks that Florida truck accident lawyers can typically help with:
Task We can Handle:
- Obtaining and reviewing available camera footage
- Going through police reports of the accident in question
- Interviewing eye-witnesses
- Analyzing medical records
- Interviewing medical staff
- Working with experts to reconstruct or recreate the scene of the accident for better understanding
With personal injury cases resulting from accidents with a commercial carrier, things can be settled either outside court or in it. Lawyers are good negotiators, and often the right settlement is reached outside of court. However, if a jury trial is necessary to ensure that you get the rightful compensation for the full extent of your damages, your Florida truck accident lawyers will certainly not hesitate to fight for your case in court as well. Contact the Law Offices of Wolf & Pravato today to find out how our Florida truck accident attorneys can help you.
Accident Involves a Commercial Carrier
Accidents happen left and right, but the gravity of the situation and the extent of the injuries are often affected by different variables. For instance, if the accident involves a commercial carrier like a humongous truck, chances are the accident is also ‘bigger’ compared to what happens if two cars collide. This is usually due to the sheer size and weight of the truck involved.
While trucking accidents are less commonplace than car crashes, they still happen throughout Florida (Click here to see all the communities we serve). Often, accidents involving trucks are more catastrophic because if a truck loses control on the road and hits vehicles that are much smaller, those vehicles are immediately at a disadvantage and the damage that occurs are usually worse. Whether you’re directly or indirectly (perhaps from flying debris on the road) involved in a crash involving any commercial carrier, you will need a Florida truck accident lawyer to help you sort through the complicated legal battle that follows.
Who’s at Fault in Florida Truck Accident?
In any personal injury case, one of the most important questions would be to pinpoint who is at fault. Who should you sue?
Florida truck accident attorney who are familiar with accidents involving commercial carriers know that this may not be as straightforward as some people think. It’s easy to blame someone, like the truck driver for instance, but if that driver is not covered by enough insurance then it may make more sense to claim it from the commercial carrier itself. The negligence of the driver may be the cause of the accident, but since that driver was representing the trucking company while doing his job, then the carrier should also take responsibility.
There are times when it’s clear that it’s also the negligence of the trucking company that caused the accident. This will be true in cases when the company has failed to put proper safety measures in place, or when the driver hasn’t been screened properly.
Get A Florida Truck Accident Lawyer To Help You Every Step
You should also not discount the fact that these are larger scale defendants you will be dealing with, and in there will be cases when your involvement is not direct (meaning the truck didn’t hit you full on but you may have been still affected by the crash). It is not uncommon for commercial carriers to deny fault or liability, so it’s best if you have a Florida truck accident lawyer to help you every step of the way.
Unlike a car crash wherein the liability if more straightforward and you can usually just blame the other driver, because this is a commercial carrier, finding fault in the other party is not as easy as that. To highlight the complexity of finding who’s at fault, below is a list of the possible parties that can be held liable when the accident involves something like a commercial carrier:
Accident Involves Commercial Carrier:
- Truck driver
- Truck company employing the truck driver – may or may not own the truck itself
- Truck owner
- Truck manufacturer
- Company leasing the truck
- Trailer owner – if the accident involves a trailer
- Company leasing the trailer
- Leasing company owner
- Trailer manufacturer
The Challenge with Commercial Carriers
Making sure that someone holds responsibility for what happened is part of your Florida personal injury lawyer’s job. After a major accident especially involving a truck, the people involved with the accident are often still emotionally (and physically) traumatized. Having a good lawyer by your side will ensure that there’s someone fighting your legal battles for you, and that you really do get the compensation you deserve. Whether you’re in Fort Lauderdale or another city in Florida, we’re here to assist you in your case.
Why Truck Accident & Injuries are Different From Other Collisions
Accidents involving a commercial truck differ from the standard car crash because of the number of parties that can be held accountable. When filing a personal injury claim, a Fort Myers truck accident attorney can pursue recoverable damages from the individual driver, the company the driver was working for, and/or the manufacturer of the truck itself. Because of how many parties can be found liable, this can add another layer of complexity to the legal process.
Operation of the Vehicle
The Florida Department of Transportation (FDOT) sets out the statutes that govern the safe transportation and operation of trucks, including the width, length, and height of the vehicle. Florida Highway Patrol also published a commercial motor vehicle manual outlining these rules and regulations. Additionally, there are regulations governing the transportation of hazardous waste.
It is imperative that truck drivers and their employers adhere to these regulations for the safety of other drivers. For instance, if a truck exceeds its weight, then it may fail to slow down in time. If the truck driver does not transport hazardous materials in accordance with regulations, this could expose other motorists to the risk of injury. These are all factors that can determine the severity of an accident.
Truck drivers are also required to keep logs of all the truck’s maintenance, miles traveled, destinations reached, and breaks. These logbooks can be essential in assigning accident liability and can be used as evidence when seeking compensation in a truck accident.
Gathering Evidence of Truck Accident
In order to establish a link between yourself and the truck accident, you will need to provide the insurance company with documentation proving your involvement.
This can include:
- The police report made at the scene
- Medical statements
- Witness statements
- Any available traffic surveillance footage
- Photos or videos of the damages
After a truck accident, many people seek out the advice of a Florida truck accident lawyer, as they take on the responsibility of collecting all necessary evidence. Additionally, make sure that your case falls within Florida’s statute of limitations guidelines.
Determining Liability in Truck Accident
Once a legal team has collected evidence and substantiated statements, it becomes easier to determine who is responsible. There are several reasons that can cause a truck driver to collide with another vehicle.
These can include:
- Distracted driving (such as texting or using a dispatch device)
- Driving under the influence of drugs, alcohol, or fatigue
- Exceeding the truck’s loading capacity
- Failing to brake in time
- Misjudging the distance of a car when choosing to overtake
A Florida semi-truck accident attorney can determine what circumstances caused your accident and how that will affect your claim.
Take Help of Our Florida Truck Accident Attoreny
Having a truck accident attorney in Florida will also help you navigate the complicated legal landscape of dealing with commercial carriers. It’s not like a typical car crash and you will have to take note of a few more factors. For one, trucks or commercial carriers are typically used to transport goods from one state to another. The accident may have happened in Florida, but there’s a good chance that the trucking company is from another state. This out-of-state status of the defendant complicates the situation and you will really need your lawyer to track the defendant, interface with the right insurance company, and file the Florida personal injury lawsuit in the appropriate court.
Call Our Florida Truck Accident Lawyer Today for a Free Consultation
An accident involving a commercial truck can change your life in an instant. Thankfully, you do not have to go through the legal process of seeking compensation alone. The Law Offices of Wolf & Pravato have been fighting for victims’ right to compensation for the past 20 years. Once our Florida Truck Accident Attorney learn about the circumstances of your accident, we will get to work determining who is responsible for your damages and help you recover the cost of your losses. We work on a contingency-fee-basis meaning that we do not get paid until we win your case. If we cannot reach an agreement regarding a settlement amount, we are ready and willing to represent you in court.
Even when the truck company involved is located inside the state, the fact that it’s a commercial carrier complicates the legal repercussions and this is where your Florida Truck Accident Lawyer can definitely come in to give you a hand.
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