Have you or someone in your family been involved in an accident with a Big Rig or other large truck in Brooksville or anywhere else in Florida?
Accidents with a big rig or other large truck can be especially severe and the damages sustained catastrophic. Getting reliable legal representation is the only way to get the compensation you are due. Because of the potential for massive damage in a truck accident, Florida laws require much higher insurance policies for these vehicles. But, only a seasoned Brooksville truck accident lawyer will have the skills and experience to effectively negotiate the case and even fight for your rights on the court floor if necessary.
Our team of personal injury attorneys has recovered millions of dollars for victims. Call the law offices of Winters & Yonker at (888) 373-7770 to arrange a free consultation. We will provide you with a professional evaluation of your case, and copious advice on what you should do next.
Time is of the essence in these matters, so contact us today!
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What Should You Do After a Truck Accident?
The aftermath of any accident can be a very confusing time. But, it is crucial at this moment to act intelligently and protect your interests. If you have been involved in a truck accident or have a family member who has experienced injuries or wrongful death in a truck accident, here are some things to do.
Be Safe and Call 911
Stay cool, if it is safe to do so remain in your car and turn on the hazard lights. You may feel that your injuries are minor, but it is always a good idea to have yourself and your passengers fully examined for injuries by the EMS!
Consider your own safety first. Truck accidents can be especially catastrophic and the aftermath potentially dangerous. If you are capable make sure that others are safe from the accident area.
Get the name, license plate number, and insurance information from the driver of the commercial vehicle in question.
Document the Scene, Speak With Witnesses
You can add significant clout to your case by documenting as much of the events as you possibly can. Talk to witnesses who may have seen the events and get their contact information. Take as many pictures as you can of the two vehicles, the damages sustained, nearby traffic signals, and any other environmental elements relevant to the case.
Seek Medical Attention
Injuries after a truck accident are typically serious, but even if they seem small it is imperative to have yourself fully examined by a doctor. Internal bleeding and injury can go unnoticed at first but are both potentially fatal.
Contact an Attorney
Do not do or say anything to anyone that could weaken your case. Refrain from commenting on what happened, whose fault you believe it is, or the extent of your damages. Your report to police officers who arrive on the scene should be nothing more than the events as you remember them. Any other questions can and should be passed on to your legal counsel.
If you don’t have an attorney representing your interests in a Florida truck accident case, call a legal professional as soon as possible.
What are the Laws Regarding Truck Accident Liability in Florida?
Liability must be determined in a truck accident case if your lawyers will have a chance at getting compensation for your injuries. Liability can be determined by a judge who will examine all the information on the incident from eye-witness reports, insurance claims adjusters, police reports, forensic experts, and the information gathered by your legal representatives.
Determining Fault in a Truck Accident in Florida
To establish liability in Florida truck accident cases, the following four elements must be established:
- Duty of Care – Truck drivers and their companies are required to operate with reasonable care for the safety of other motorists on the roads and freeways.
- Breach of Duty – if the driver or company the truck driver’s work for breached their duty of care by acting or operating in a negligent manner.
- Causation – the negligent actions of the truck driver or company resulted in this accident.
- Damages – The accident caused by the negligence of the truck driver or company resulted in injuries and damages.
Who Can Be Held Liable?
Your legal professionals will work to find out who is actually responsible for the accident and the damages caused. Some of the individuals that could be listed in the lawsuit may include:
- Truck Driver
- Trucking Company
- Company Who Loaded the Truck
- Vehicle or Parts Manufacturers
How Is Fault in a Truck Accident Determined?
Because of the high-risk nature of commercial trucking, there are some important regulations that must be adhered to in addition to the regular traffic laws. The FMCSA requires truck drivers and companies to follow these regulations:
- Maintain a logbook of hours on the road
- Document services and breaks
- Maintain scheduled maintenance
- Properly load cargo and hazardous materials
- Abstain from alcohol and other controlled substances at work
- Drive for no more than 10 hours a day
Can a Lawyer Prove the Truck Driver Was Negligent?
Your Brooksville truck accident attorney will have extensive experience in assembling a bulletproof case in your favor. This will begin with an expert collection of evidence and a full investigation of the incident. This may require several tasks that are crucial to establishing a case that will fare well in negotiations and remain stalwart in a court of law.
As part of this investigation, your attorney may also:
- Employ experts to reconstruct the incident
- Review the photographic evidence and police reports
- Investigate the work history of the truck driver
- Conduct interviews with eyewitnesses
- Identify faulty components of the truck
This investigation will establish where the fault lies and allow your lawyer to pursue the case. It is important to remember that there may be several parties at-fault and liability must be established for all.
What Types of Compensation Can I Receive?
Like most personal injury cases, the types of damages that can be collected can be classified into three groups.
This will include the damages that can be calculated by exact financial equivalents. This can include the past, present, and future costs of medical treatments, the wages lost during the healing process, and loss of earning capacity.
It will require expert opinions and testimony to establish exactly how much pain and suffering, loss of consortium or mental anguish will be worth in dollars. While no amount of cash can ever replace the value of non-economic damages, it does help to lessen the financial side of things.
If the judge finds the actions of the liable party to be especially egregious, punitive damages may be applied to punish such behavior.
How much is My Truck Accident Claim Worth?
Without a full examination of the details of each case, it will be very difficult to give an exact figure. Naturally, the greater the damages the higher the compensation will be. To find out more about the value of your case, arrange a free consultation with a legal professional.
Is There a Deadline for Filing a Truck Accident Claim in Florida?
Unless the truck accident in question resulted in wrongful death, the laws of Florida require personal injury cases be filed within four years of the accident that caused the injury. If, you were to discover the injuries after the date of the accident. Your time-limit will begin the date the injury was discovered.
Unfortunately, these types of accidents can be very severe and often result in wrongful death. If this is the case, the statute of limitations to file your wrongful death lawsuit will be two years from the date of death.
Schedule a Free Consultation With a Brooksville Truck Accident Lawyer
Truck accidents are always more severe in nature and it takes legal professionals to help you claim the compensation you are due by Florida Law. If you have found yourself embroiled in the confusing aftermath of a truck accident in Brooksville or anywhere else in Florida. Call a professional truck accident attorney at (888) 373-7770 today.