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Dump Trick and Car Accident

Florida Commercial Truck Accident Lawyer

According to reports in 2017, there were an estimated 116,000 large truck accidents and nearly 5,000 fatal accidents related to large trucks. More than 80% of these types of accidents occur on highways or other major roadways. Commercial truck accidents can be very dangerous, for both the driver and the other people on the road. If you were involved in a car accident with a commercial truck, you are eligible to receive compensation for your injuries and other damages. You can get a free case evaluation with a personal injury lawyer to see what your rights are when it comes to these types of accidents.

What Counts as a Commercial Truck?

There are several types of commercial vehicles that are covered in this category including:

  • Big Rigs
  • 18-Wheelers
  • Bus Accidents
  • Cargo Trucks
  • Semi-Trucks
  • Tractor-Trailers
  • Delivery Vans
  • Fuel Trucks

These are the most common commercial trucks that are dealt with in these types of cases, but they certainly aren’t the only ones. If you have been a victim of an accident with a commercial truck, contact us and we can help you out.

Common Reasons for Commercial Truck Accidents

In most cases, commercial trucks are much larger than passenger vehicles, which is why they command a great deal of respect while they are on the road. To drive these vehicles, drivers need to be specifically trained and licensed and they need to be very careful in obeying traffic laws. There’s also a lot of common sense and responsibility in driving these vehicles. In this law practice we understand that there are many causes of commercial truck accidents that are dealt with. This section will cover the most common reasons for commercial truck accidents.

Driver negligence is easily the most common cause of commercial truck accidents. This is where the driver didn’t take the care that they needed to ensure their safety and the safety of the other people on the road. If this is the case, both the driver and the company they work for can be held liable for this type of accident especially when there was any type of driver negligence involved.

Driver Fatigue

Another major reason that these types of accidents take place is because of driver fatigue. Often times truck accidents happen because the driver had been on the road too long without taking any breaks. Long shifts at the wheel can lead to potentially very dangerous accidents. Why are drivers still on the road even when they are tired after a long shift? Truck drivers typically get paid by the load, meaning that they get more money with more deliveries. Lack of rest is addressed in various regulations for truck drivers, but unfortunately, these rules aren’t always followed as they are supposed to be.

This is considered a type of negligence, which can, unfortunately, lead to thousands of truck accidents every year. There are federal trucking laws, also referred to as “Hours of Service” (HoS) regulations that were created in hopes of minimizing these types of accidents. These laws cover various things, such as how many hours can be logged in a week, how much time the driver must rest between shifts, and how long the driver can be on the road for a single amount of time.

One of the problems here is that drivers tend to falsify this information in order to make the most money. There are even cases where the trucking company explicitly tell their drivers to falsify these records. Many trucking companies tend to place completely unrealistic scheduling demands on their drivers to maximize profits, which puts the driver and other people on the road in serious danger. One of the side effects of these types of policies include sleep deprivation, and potentially even the driver falling asleep at the wheel.

Other Reasons

Other common reasons for commercial truck accidents include:

  • Distracted driving
  • Speeding
  • Loads not properly secured
  • Trucks not properly inspected before going out on the road
  • Mechanical breakdowns
  • Improperly loaded trucks
  • Weather

The size and weight of these vehicles make accidents make the severity of these accidentals potentially fatal. Other injuries include traumatic brain injury, broken bones, and other devastating injuries.

What to Do if You’ve Been in a Car Accident with a Truck

You may be eligible for compensation if you were in an accident with a commercial truck, such as:

  • Medical bills
  • Nursing home care costs
  • Surgeries and other essential medical treatments, current and future expenses
  • Costs associated with rehabilitation
  • Any lost income caused by this accident
  • Any future earnings lost due to this accident
  • Pain and suffering
  • Loss of quality of life
  • Scarring and permanent disfigurement
  • Emotional or mental suffering caused by accident

If your loved one passed away due to their injuries or are severely injured because of the accident, you will be entitled to compensation for what’s known as “loss of consortium”. What this means is that a parent or spouse would not be able to provide the emotional, physical, or financial support that they had prior to this accident. You may also be entitled to punitive damages, which you can receive if the driver acted in bad faith or in a manner that they knew could potentially harm someone. Punitive damages are there essentially as a fine to punish the responsible parties for their actions to prevent them from doing the same actions again. These damages are not covered by the insurance companies in most cases, meaning that the companies or other parties responsible will have to pay this money out of pocket.

You have the right to be compensated after you have been in a car accident. These accidents can lead to a pile of bills that can financially devastate your family. Contacting a personal injury lawyer as soon as possible after your injury can be one of the best things that you do for yourself. If possible, you should compile as much evidence as possible, including ensuring that your medical records are highly detailed about your injuries. The sooner that you get a lawyer involved, the better your results will be.

There are some things that you can do immediately after the accident to protect yourself and ensure that you will get fair compensation, such as:

  • Call 9-1-1 to get emergency services to you.
  • Look to see if other vehicles were involved and see if their occupants also need help, if possible.
  • Take as many photos and videos that you can of the accident.
  • Accept any medical treatment offered.
  • Exchange contact information and other relevant details with anyone who was involved in the accident.
  • Never make statements to anyone but the accident lawyer you hired about the accident.
  • Make sure that you report the accident to all relevant parties.

Liability in a Commercial Truck Accident

If you have been in a car accident with a commercial truck, this is a unique and sometimes complex situation to deal with. As previously mentioned, these trucks are significantly larger than the typical passenger vehicles on the road, which makes this a far more dangerous situation than most regular car accidents. This is also a unique situation from a litigation standpoint since there are usually multiple parties that are liable for the damages. These can be significantly more costly than other car accidents, which is why it is important that you can identify any and every party that is liable for any damages, current or future, The various parties that you can sue include the driver, their employer, the truck manufacturer, 3rd party contractors, the trucking company, and the insurance companies associated with these other parties.

One of the things that can make filing a claim against these companies is that the driver may work for the company or they may be an independent contractor that just hauls the goods for companies who actually own the cargo. If the driver does work for a company, then that company would be responsible for any negligence which led to the accident. However, the attorney will need to prove that the driver was actively working for the company when the accident occurred.

If the driver is an independent contractor, that means that they actually own their own truck and then pick up short-term contracts to haul a specific amount of cargo to a destination. The attorney will then have to closely investigate that specific situation, checking out to see what kind of oversight they performed over the driver. This will determine how much responsibility the company the driver was working for will have for any damages or injuries caused by their contracted driver.

It’s really important to determine the blame in this accident to ensure that you get the compensation that you deserve after being a victim to this type of accident. Since each of the potential defendants will often have their own insurance companies, you may be entitled to get money from each of the insurance companies. This will help ensure that you get the most money possible.

How a Personal Injury Attorney Can Help You

It can be tempting for a victim to just take whatever settlement is offered to them just to find some sort of financial relief during this difficult time. The problem with this is that the companies are trying to low ball the settlement, making the victim think that this is the best offer they are entitled to for a swift and cheaper resolution.

By contacting a lawyer as soon as possible, they can take a close look at your case and determine whether or not you even have a claim against the driver and the trucking company. Then, they can help you determine what a fair settlement will be, working hard with your best interests at heart. The goal is to get you as much money as you are entitled to so that you get fair compensation for your injuries and damages.

The process that the lawyer goes through is pretty straight forward. As soon as you call them, they will start gathering as much evidence as possible. This includes your medical records, insurance information, police reports, and any other records that are related to your claim. This will help them start to build up a claim against all responsible parties.

Once they collect this basic information, they will move onto a more in-depth investigation of the matter. They will look at any camera footage that they have as well as any other information they can compile on the matter. They will even look at whether or not this is a common problem for this particular driver or company. Any pattern of negligence that the company or driver may have will help make your claim against them even stronger.

After they have collected everything that they need to make a case against the responsible parties, they will start negotiations to get you the compensation that you deserve. They will continue to fight for you during negotiations and will even take the case to court if they feel that you deserve better compensation then what you are being offered. The primary goal is to settle these cases out of court since trials can be expensive and time-consuming. However, the lawyer will be fully prepared to take the case to trial and fight for what you deserve.

The lawyer will keep you informed of this process every step of the way, ensuring that you know exactly what to expect and what the next moves are.

Contact Us

The Injury Firm is here to help you through this extremely difficult time. We understand the devastation that these types of accidents can cause, which is why we work so hard to fight for you. We want to make sure that you get all of the current and future compensation that you deserve so that you have one less thing to worry about during your recovery. These accidents can destroy the financial and emotional stability within a family or household, so it’s important to do our part to resolve these matters. Contact us today to see how we can help you: 954-951-0000.

The Injury Firm
2000 N.E. 45th Street
Ft. Lauderdale, FL 33308

Phone (954) 951-0000
Fax: (954) 951-1000
Email: info@flinjuryfirm.com

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Fort Lauderdale

2000 N.E. 45th Street
Ft. Lauderdale, FL 33308

Phone (954) 951-0000
Fax: (954) 951-1000
Email: records@flinjuryfirm.com

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Suite 600
West Palm Beach, Florida 33401
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Toll-free: 833-332-1333
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Disclaimer

The information contained in this website is provided for informational purposes only.  This website may contain information about The Injury Firm's past results, testimonials about the firm or a lawyer within the firm, and statements regarding the quality of The Injury Firm's work product. This information has not been reviewed or approved by The Florida Bar. Please be advised that: 1) the facts and circumstances of your case may differ from the matters for which results and testimonials have been provided: 2) Not all results of cases handled by the firm or its lawyers are provided and not all clients have given testimonials; and 3) The results and testimonials provided are not necessarily representative of results obtained by the firm or by its lawyers or of the experience of all clients or others within the firm or its lawyers. Every case is different, and each client’s case must be evaluated and handled on its own merits.

  

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