The FMCSA (Federal Motor Carrier Safety Administration) added Florida to the other 9 states that have the highest fatal truck accidents in the U.S. Each year, at least 450,000 truck accidents happen in the country. When a truck accident happens, the occupants in the other vehicle are the most affected. Most of the victims often suffer severe injuries.
If you have been recently involved in a truck accident, you need to seek compensation immediately. You should know the legal process behind the claim for compensation. Note that the claim isn’t straightforward since there are a few entities involved in a truck accident. However, with the help of an experienced Clearwater Beach truck accident lawyer, you will get your rightful compensation. With more than 20 years of experience, Winters & Yonker should be your first choice of personal injury attorneys for a truck accident claim.
Table of Contents
What Should You Do After Being Involved in a Truck Accident?
What you do after being involved in a truck accident will determine whether or not your claim will be approved. Your well-being is very important so you should not compromise on it just to get your claim. If you can walk away from the truck accident without major injuries and can understand what’s happening, here are the steps you should follow.
Contact the Police
The accident should be properly documented by law enforcement personnel. The statement written by the police is very important. It will be used to identify the responsible party when dealing with a jury. If some of the victims in the accident are hurt, you should help out as you wait for first responders to arrive at the scene.
Collect information from the scene of the accident. You should collect information such as the truck’s insurance data and their registration information. Take photos of the scene and capture the most important parts to help with the claim application. You should capture the wreck of the vehicle, skid marks, the position of the car and truck on the road after the accident as well as any obstacles on the road.
Seek Medical Care
Whatever you do, make sure you get medical care once the first responders arrive at the scene. Don’t just assume that you are fine because you might have had a severe impact that can lead to internal bleeding. Get the best medical care and make sure it’s properly documented for the claim process.
Call an Attorney
If you want to get started with your claim, you should contact a Clearwater Beach truck accident attorney and we will start working on your case immediately. Winters & Yonker is the best firm to help with your case in Clearwater Beach. Call us now!
What Are the Laws Covering Truck Accident Liability in Clearwater Beach?
Compared to other drivers on the road, truck drivers are covered by strict laws. These are in place to reduce the high probability of fatal truck accidents on the road. Truck drivers are required to carry minimum insurance of $50,000 depending on the truck’s weight.
Trucks that transport hazardous substances should carry at least $5 million in personal and property liability coverage. Besides that, truck drivers should obey every traffic law, just like other motorists on the road. They should stick to the designated lanes on the major highways to prevent collisions.
How Can a Truck Accident Lawyer Help?
Have you or your loved one been recently involved in a truck accident? Well, you need to take time to recuperate. You might not be ready to handle the compensation claim immediately. That’s where the most reliable Clearwater Beach truck accident attorney can help. Winters & Yonker is the best choice to handle the claim and guarantee you get the compensation you deserve.
Once you hire us, we will start by investigating the accident. Here, we will collect all the relevant facts about the accident. We will use everything you have captured on the scene to come up with the best argument for your case. After we have gathered sufficient evidence we will start working on the claim.
Filing a claim requires due diligence because most claims are rejected. However, we are seasoned lawyers and we will gather the necessary documents required to file a claim. We know that not all cases need litigation so we will try to negotiate with the other parties to find a way to resolve the case amicably. The insurance firm will offer an amount but we will not accept it unless we are sure that it’s the rightful compensation. If they don’t offer the compensation you deserve, we will proceed with litigation.
If we can’t come to an agreement with the insurance company, we are ready to represent you in court. We have faced a lot of insurance companies in court and we are ready to do the same for your case. When in court, we will present the facts to the jury and make sure they award the rightful compensation for your case.
What Types of Compensation Can You Receive After a Truck Accident?
You are eligible for 3 types of compensation. These include:
It refers to compensation that covers all the losses with a monetary value. These include rehabilitation, medical fees and damages to your vehicle.
It’s compensation that covers any losses that can’t be assigned a specific monetary value. Here, it’s tough to predict the exact amount that will be used so it can only be approximated. Some of the losses covered here include future medical expenses and recurrent rehabilitation fees.
Punitive damages are intended to punish the at-fault party and deter others from engaging in the same reckless behavior. They are mostly used in cases where the victim died.
Is There a Deadline for Filing a Claim After a Truck Accident?
In Florida, you should file a claim for a truck accident within four years for a personal injury claim and within two years for wrongful death. You need to file the claim as soon as possible when the facts are still fresh in your mind.
Who Is Liable for Truck Accidents?
Truck accident claims have multiple parties involved so they are quite complicated. For instance, the trucks might not be owned by the business currently using them. Rather, they are owned by a trucking company. In some cases, there is a freight management firm that handles the loading and off-loading.
Any of these entities are liable if their negligence caused the truck accident. Take an instance where the freight company doesn’t’ follow the mandatory safety measures when loading the truck thereby causing an accident. They will be liable in this instance. On the other hand, if the driver doesn’t follow traffic rules and causes an accident, they are responsible.
Any claim for compensation identifies the cause of the accident and the responsible party. Once the negligent party is identified, they are liable.
Call a Clearwater Beach Truck Accident Lawyer
In Florida, truck accident law is comprehensive and that’s why you need the best attorneys to help out. Remember, if there is an accident, the other parties will hire the best attorneys to represent them. Call Winters & Yonker and hire the best Clearwater Beach truck accident lawyers to help out with your case. Contact us online or call (888) 373-7770 to schedule a free consultation.