There are an estimated 450,000 accidents involving trucks and other vehicles each year. Of these, 90% end up in at least one fatality. Considering the size and weight of trucks, accidents involving trucks are usually more dangerous than passenger car accidents. In the event that you are involved in a truck accident, then it is crucial that you consult a seasoned East Lake truck accident lawyer who is highly skilled and knowledgeable with injury claims.
Your attorney will safeguard your rights and interests and ensure that you receive the full compensation for your injuries and losses. Contact the team of professional personal injury attorneys at East Lake at (888) 373-7770 to find out more about how we can assist with your claim.
Table of Contents
What to Do After Being Involved in a Truck Accident
The steps that you take following a truck accident will greatly influence the outcome of your case. Hence, it is important to know what to do after the accident to ensure that you don’t miss out on important things that can assist your case.
The first step that you need to take is to call the police. They will file an official police report describing the accident. The police report will be crucial in determining fault and proving your claim.
Safety is very important after the accident. Hence, if you are in a position to do so, check to see if anyone has been injured and help them. In case there is someone who has been seriously injured, make sure to call in the paramedics.
The next thing you need to do is collect the contact information of everyone present at the scene of the accident, also provide them with yours. Get the contact details of any available witnesses and also remember to document the scene. You can easily take multiple pictures and videos of the scene using your smartphone. Ask witnesses to provide their statements as they may be better able to describe how the accident happened.
Don’t leave the scene of the accident until you have been attended to by a medical professional as you might have sustained internal injuries.
Next, you need to get in touch with a truck accident attorney in East Lake, FL, and let them handle your case.
What are the Laws Regarding Truck Accident Liability?
Considering that most large trucks are commercially owned, various parties may be held liable for the accident besides the truck driver. Sometimes, the trucking company may be held liable since the personal injury theory states that an employer is responsible for the wrongful acts their employees commit. But for this to apply, the employees should have committed these acts unintentionally and the employee should have been operating within the scope of their employment. In case the drivers weren’t operating within the scope of employment, for example, if they were driving outside working hours, then they will be held responsible.
You also need to find out if the driver was an employee or a contractor. This determines how much control the company had over the actions of the driver. The issue of the scope of employment is important and in the state of Florida, the courts have put in place various factors to help establish this. These factors include the nature and time of the employee’s acts, the intent of the employee, the type of work the employee was hired to perform, the duration of time spent carrying out the activity, and the amount of freedom the employee was given.
How is Fault in a Florida Truck Accident Determined?
The courts are able to determine fault using the information provided by the involved parties, their lawyers, the police officers who responded to the accident, and the insurance claim adjusters. Determining fault in a truck accident isn’t always easy as the holding company could have leased the truck, and another company could have been contracted to handle the cargo.
There can be several potentially liable parties involved, and in most cases, they will all try to steer clear of any blame. Considering that the driver might not have the funds to effectively carry on with the case, they will try as much as possible to protect their livelihood. However, fault is usually determined depending on the specific circumstances surrounding the accident and if the driver acted in a negligent or reckless manner or not.
Can an Attorney Prove the Truck Driver was Negligent?
A seasoned East Lake Truck Accident Attorney will be able to effectively provide proof that the truck driver was negligent. This is achieved through the facts provided, for example, the police statement, accident scene recordings, and statements from witnesses. This is why it is crucial to follow the steps outlined above immediately after the accident. With sufficient facts and evidence, your attorney will be able to easily prove negligence in your case.
What Kinds of Damages Can I Recover?
After your lawyer has successfully proved negligence in your case, you will be entitled to different kinds of compensation.
These can be easily calculated as they can be assigned a monetary value. These damages can include medical bills, at-home nursing care, lost income, property damage, physical therapy, and house modifications.
These are more difficult to calculate as they involve intangible things that can’t be assigned a monetary value. Non-economic damages include pain and suffering, potential lost income, and future medical bills.
These are additional compensations that you can be awarded besides the economic and non-economic damages. They were put in place as a way to punish the negligent party and discourage others from committing similar acts in the future. They are mostly awarded if the accident victim lost their life as a result of the truck driver’s negligence.
How Much is My Truck Accident Claim Worth?
Essentially, the value of your claim should be the amount of money needed to help you recover your previous state prior to the accident. It is the sum total of your economic, non-economic, and punitive damages. Your attorney will assist you in figuring out an ideal amount as you head into the case.
Schedule a Free Consultation With An East Lake Truck Accident Lawyer
If you have recently been involved in a truck accident, then you might be entitled to receiving compensation for your damages and losses. While you have more than five years to file your claim, it is crucial to ensure that you get in touch with an East Lake Truck Accident Attorney as soon as possible and let them handle your case while the evidence is still fresh. The sooner you are able to deal with your case, the better it will be for you and your well-being. Call our East Lake Injury Firm at (888) 373-7770 to ensure that your claim is filed properly and effectively.