According to the Federal Motor Carrier Safety Administration (FMCSA), Florida joins nine other states to account for half of the total fatal truck accidents in the United States. These accidents are a problem nationwide, as almost 450,000 accidents are happening every year. In these accidents, the occupants of the other motor vehicles and not the truck drivers are most affected. Many victims suffer severe injuries, and if you are one, it is crucial to understand the legal process that you can use to seek due compensation. The claims are not straightforward owing to the number of entities involved, and you need the help of a seasoned Brandon Truck Accident Lawyer if you are to get a substantial claim.
Call Winters and Yonker today at (888) 373-7770 to review your claim with a personal injury attorney.
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What Should You Do After a Truck Accident?
The steps you take after a truck accident can go a long way to determine whether your claim is approved or not. Well, note that your well-being should be the topmost priority, and do not compromise your health just to save the claim. If you manage to get out of the crash with minor injuries and can still manage to comprehend what is happening, follow the steps outlined below.
Contact the police. They need to document the accident. Their statement is crucial since it will be used to establish fault when dealing with the jury. If some of the victims of the accident are hurt, lend a helping hand, and offer first aid. You can do this as you wait for the medical response team to arrive.
Collect as much information as you can on the accident scene. Important things include the truck’s insurance data and their registration number. If you own a smartphone, take pictures of the scene and make sure to capture vital parts that will guide the claim process. Important things include skid marks, the wreck of the vehicle, position of the car and truck on the road after the accident, and any obstacles.
Do not assume that you are fine and seek medical care to prove this. Impact during such accidents can lead to internal injuries that are hard to detect until you go through medical tests.
From here, call your Brandon Truck Accident Lawyer and let them start working on the matter.
What Are the Laws Regarding Truck Accident Liability in Brandon?
Truck drivers are subject to stringent laws compared to other motorists. These statutes are meant to reduce the probability of fatal accidents on highways. The law specifies that they carry a minimum of $50,000 in insurance, depending on the weight of the car. Trucks carrying hazardous substances are required to take at least $5 million in property and personal liability coverage.
Aside from the unique insurance requirements, truck drivers are required to obey traffic laws like other motorists. They should stick to their designated lanes on major highways.
How Can a Brandon Truck Accident Lawyer Help?
If you are involved in a truck accident, you need time to recuperate and might not be ready to face off with the other heavyweights. This is why you need a reliable Brandon Truck Accident Lawyer to help you process the claim and get your rightful compensation.
First, they will commence with the investigation phase, where they will collect facts surrounding the accident. They will use what you captured on the scene and come up with a compelling argument that supports your case. Once they have sufficient evidence, they will go ahead and work on the claim.
Filling a claim is a process that requires due diligence, as many are rejected. They will gather the necessary documents and file a claim.
Not all cases require litigation, and they will try to negotiate with the other parties to see if the matter can be solved amicably. In this case, the insurance firm will try to offer an amount, and your lawyer will ensure that you get sufficient compensation, failure to which they will proceed with litigation.
If both parties cannot agree, your lawyer will represent you in court and face off with the insurance company and trucking company. They will present the facts to a jury and let them award a suitable compensation for your troubles.
What Types of Compensation Can I Receive?
You can receive three types of compensation, namely; economic, non-economic, and punitive.
Economic compensation covers all the losses that have a definite monetary value to them. They include medical fees, rehabilitation fees, and damages to your car.
Non-economic compensation covers losses that cannot be assigned a definite monetary value. With these, it is hard to predict the exact amount of money that will be used, and an approximation is made. Some of the things covered include future medical expenses and recurrent rehabilitation visits, among others.
Punitive compensation covers losses that cannot be assigned any monetary value. It is mostly awarded if someone does not survive the crash.
Is There A Deadline for Filing a Truck Accident Claim?
In Florida, you have a deadline of 4 years to file a claim. However, it is good to file it as soon as possible when the facts are still fresh as opposed to later when they are vague.
Who Can Be Held Liable for a Truck Accident in Florida?
Truck accidents are complicated since they involve multiple parties. In most cases, commercial trucks are not owned by the businesses using them. They are owned by a trucking company, and then there is the freight management firm that is in charge of loading and offloading.
Liability can befall any of these entities if the cause of the accident can be attributed to their negligence. For instance, if the freight company did not follow the required safety measures when loading the truck, and this led to an accident, they will be held liable. If the driver did not follow the traffic rules and their negligence caused the accident, they will be responsible.
In a nutshell, it all goes down to the root cause of the accident and the entity that was responsible for that. Once negligence is established, liability befalls the entity that did not uphold their duty.
Review Your Claim With Winters and Yonker
Truck accident law in Florida is comprehensive, and it is crucial to have a reliable attorney that will guide you through the process. The trucking companies and businesses hiring their trucks will deploy some of the best attorneys to try and negate your claim. If you face them on your own, they will have a field day ensuring that you receive a minimal amount of compensation. Do not let this happen and contact a top Brandon car accident lawyer to see you through.