Truck Accident Lawyer in Fort Lauderdale
According to the Insurance Institute for Highway Safety, large trucks often weigh 20 to 30 times as much as the average passenger car. They also have a higher ground clearance, which is why it is common for passenger cars to ride under the trucks during accidents. Every year, thousands of people are killed or sustained serious injuries due to accidents involving commercial truck drivers’ poor driving skills; their lack of sleep; failure to yield the right of way to pedestrians, vehicles, and bicyclists; improperly maintained truck and equipment; and violations of relevant vehicle and traffic laws.
And because of their large size and heavy weight, most trucking accidents usually cause much greater harm than a traffic accident with an average-sized motor vehicle would cause. If you are involved in this type of truck accident contact our Fort Lauderdale truck accident lawyers for your truck accident settlement.
If you were hurt or a loved one died in a Fort Lauderdale truck accident, you have the right to hold the driver and any other negligent parties responsible for their actions.The Law Offices of Wolf & Pravato is here to help.
We can gather evidence, build a strong case, and pursue compensation for your injuries. For a free, no-risk review of your case, contact the Law Offices of Wolf & Pravato at (954) 633-8270.
How to determining responsibility for your truck accident injury in Fort Lauderdale?
When it comes to truck accidents, there can be a muddled mess of players who may be responsible for a victim’s injuries, all pointing the finger at each other and trying to avoid blame and insurance payouts. These can include:
- the truck’s driver
- the owner of the truck
- the company/person that leased the truck from the owner
- the truck manufacturer, including the individual companies that manufactured parts of the truck such as tires, brakes, or other parts that may have either contributed to or been responsible for the accident
- the shipper or loader of the truck’s cargo
What types of injuries that victims suffer in truck accidents in Fort Lauderdale?
There are many types of injuries that can occur in an accident with a large truck. Some of the more common include:
- Whiplash: This type of injury occurs because of a rapid back and forth motion of the head in a collision. Though it usually heals after a few weeks of treatment, it can cause long-lasting pain for some patients.
- Traumatic brain injuries: This is a major cause of death and disability in the United States and can cause changes in personality and impair the victim’s memory and cognitive functions.
- Internal bleeding: This is a symptom of another injury to the internal organs. However, in an accident, severe hemorrhaging can lead to external bleeding, seizures, coma, and, eventually, death.
- Broken bones: Broken bones range in severity and, depending on the type of break, can cause other complications, such as severe bleeding, infection, or uneven bone growth in children.
- Knee injuries: Knee injuries, particularly anterior cruciate ligament (ACL) sprains and tears, can be extremely painful and often require surgery to heal properly.
- Spinal cord injuries: While some people can live full, productive lives after a spinal cord injury, the majority experience mobility loss and require wheelchairs, walkers, and other assistive devices.
Who Can Be Held Liable for Semi-Truck Accidents in Fort Lauderdale?
According to the National Highway Traffic Safety Administration (NHTSA), there were a total of 3,380 people killed in crashes involving large trucks in 2010. Some common causes of truck accidents are tire blowouts, improper loading, faulty brakes, and driver error.
Laws That Could Impact Your Claim
There are two laws that you should be aware of: the statute of limitations and the legal doctrine of comparative fault.
According to Florida statutes, you have two years to recover compensation after an accident. That means if you do not file a claim pursuing damages within two years of the date of your accident, you are generally barred from pursuing any further legal action against the defendant.
Comparative fault is another law you should be aware of. According to this legal doctrine, if you are partially responsible for your accident, any compensation awarded to you will be reduced by the degree to which you are responsible.
Defense lawyers sometimes use this tactic to argue that the plaintiff is more responsible for an accident than they really are. A Fort Lauderdale truck accident lawyer can defend you against underhanded tactics like these. Contact the Law Offices of Wolf & Pravato at (954) 633-8270 for a free review of your case.
What is the Federal Motor Carrier Safety Administration?
There are federal laws that govern the trucking industry and establish standards that trucking companies, owners, and drivers must meet. These laws are often able to help determine who can be held liable in a trucking accident. The Federal Motor Carrier Safety Administration (FMCSA) exists to protect truck drivers as well as everyone else on the road by reducing or preventing truck accidents. The FMCSA is the sole safety standard by which professional truck drivers and companies are required to follow in the operation of commercial motor vehicles.
The FMCSA has rules governing driver’s license requirements, minimum levels of insurance coverage, how may hours a driver can work and physical qualifications of drivers. Additionally, the FMCSA governs the maintenance of vehicles. Failure to comply with FMSCA standards can result in truck drivers, trucking companies or any parties responsible for maintaining trucks being held liable for damages in trucking accident claims. To know more about federal law contact our Fort Lauderdale truck accident lawyer.
Trucking Accidents and Driver Error in Fort Lauderdale
There are many ways in which driver error can contribute to trucking accidents. Federal regulations place certain requirements on the number of hours drivers can work. If drivers are overly fatigued, it is possible for them to fall asleep at the wheel or just not pay enough attention to the road.
Additionally, negligent behavior such as reckless driving, speeding, driving under the influence of drugs or alcohol, failure to watch blind spots, or improperly loading the truck can all lead to catastrophic accidents. One negligent practice is de-powering the front brakes of a truck in order to reduce wear and replacement. Such a practice can increase the rick of jackknife accidents. For more help contact our truck accident attorney Fort Lauderdale.
Truck Accidents and Equipment Problems
Equipment issues can include manufacturing mistakes, such as defective tires or brakes, but are commonly caused by failure to properly maintain all equipment. For example, brakes can fail if they are not adjusted properly. Tires can blowout due to wear and lack of replacement. Improper load distribution can cause a truck to roll over.
Federal regulations require that truck drivers and companies keep maintenance records that show that maintenance has been performed according to schedule. Additionally, drivers are required to perform a daily pre-trip inspection to ensure both the tractor and trailer equipment are functioning properly. This includes the brakes and the tires.
Failure to maintain or comply with product recalls can leave a truck driver or trucking company liable if an accident occurs. Additionally, manufacturers or designers may be held liable for any defective equipment that causes an accident. Don’t worry about it you need to just contact our semi truck accident lawyer in Fort Lauderdale.
Call Fort Lauderdale Truck Accident Lawyer For Fair Compensation
What can sometimes happen is that the involved parties (the trucking, hauling, and leasing companies) argue over whose insurance will compensate the victim. For example, the truck company might claim that the accident was caused by defective tires. In turn, the tire company might then say it was the fault of the leasing company because they didn’t examine the tires before the truck went out on the road. For more help in your truck accident rights contact our semi-truck accident attorneys in Fort Lauderdale.
What are the recoverable damages after a truck accident in Fort Lauderdale?
To estimate the damages you could recover in a truck accident claim, we would first need to evaluate the details of your case. However, we have worked on cases like yours before, and damages that victims recover in similar cases include:
- Medical costs
- Pain and suffering
- Past and future wages
- Disfigurement or dismemberment
- Out-of-pocket expenses
If your loved one did not survive the accident, your family may be able to recover:
- Burial and funeral expenses
- Loss of consortium
- Wages and benefits previously provided by the deceased
- Pain and suffering
- Out-of-pocket expenses related to the care of the deceased prior to death
How to prove who is responsible party in Fort Lauderdale truck Accident Case?
Trying to prove exactly who the responsible party is and what actually caused the accident is a lot more involved than the cause/effect of a simple traffic accident. Because of the sheer number of players involved, getting to the root of exactly went wrong usually requires some industry know-how. At the law offices of Wolf and Pravato, our Fort Lauderdale truck accident lawyers have handled numerous Fort Lauderdale truck accidents and understand the usual reasons for trucking accidents. Our truck accident attorneys in Fort Lauderdale are also familiar with the convoluted relationships among the persons and entities linked to the truck, the trailer, and the load. This knowledge helps us to determine whether you have a valid claim and how best to present your case.
Our Fort Lauderdale semi-truck accident lawyer has access to numerous expert accountants and financial analysts who have worked with us on winning cases to accurately assess what these losses should be for the remainder of a victim’s life in order to obtain fair resolutions for injury victims.