Every year, 450,000 truck accidents are reported in the U.S. Out of these accidents, at least 90% result in one fatality. Truck accidents are dangerous because trucks are bulkier and longer than regular vehicles. As such, they are tougher to handle or maneuver. If you or your loved one has been involved in a truck accident, you need to hire an experienced Gibsonton Truck Accident Lawyer.
That’s where our firm comes in handy. At Winters and Yonker, you can rest assured that we are conversant with the laws and statutes applicable to this area of the law. Our personal injury attorneys will represent you diligently as we work towards getting you the compensation you deserve for any damages to your vehicle or person after a truck accident.
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What Should You Do After A Truck Accident?
If you have been involved in a truck accident, the steps you take immediately after the accident will determine how the case progresses. That’s why you need to do the right things to avoid missing out on important things for your case. Here’s what you need to do.
Call The Police
First, you need to call the police who will record a statement about the accident. During the litigation or settlement process, the police statement will help determine the party at fault. It will also be used as evidence for your compensation claim.
Help Anyone Else Who Is Injured
Next, you need to make sure that everyone is safe after the accident. Try helping out anyone who has been injured by the accident. Of course, you should only do this if you are not injured yourself. Make sure the medical personnel know who to work on.
Exchange Contact Information With Other People At The Scene Of The Accident
If there are other witnesses to the accident, you need to get their contact information. Don’t forget to document the accident. Take pictures or videos of the accident. Also, you should get statements from the witnesses since they might have an idea of what exactly happened.
Get A Medical Check-up
Don’t go home without getting a medical check-up. Note that, you could have sustained internal injuries from the impact of the accident. Therefore, make sure a medical professional gives you a check-up you out before you go home.
Call An Attorney
Finally, you need to call the best Gibsonton Truck Accident Lawyer to help out with your claim for compensation as a result of the accident. Winters and Yonker is the best firm to handle your truck accident lawyer. We are here to help you after a truck accident in Gibsonton, FL.
What Laws Are Applicable To Truck Accident Liability?
A lot of large trucks are commercially owned. In that case, the driver is not at fault for the accident. In some cases, the driver’s company is liable for the accident. It follows in suit with the personal injury law that the employer is responsible for any wrongful acts done by the employee. However, the employer is only liable if these acts were committed unintentionally and within the scope of employment.
Therefore, if the driver was involved in an accident when driving out of working hours, they are liable for the accident. Also, it’s prudent to identify whether the driver is a full-time employee or a contractor. Basically, it is a theory to prove the contract between the company and the driver and the amount of control the company has.
In Florida, the terms of employment are very important and there are a few factors the courts have in place to determine this. They include the nature of the employee action, the timing of the action, the intent of the employee, the type of work the employee was hired to do, the time consumed when doing that activity, and the amount of freedom given to the employee.
How To Determine Fault In A Truck Accident
When determining fault in a truck accident, the information collected from the parties in the accident, the legal representatives, the police officers, and the insurance claim adjustors plays a huge role. It might not always be straightforward since the truck might be leased to the holding company or another company has been contracted to handle the freight.
In any truck accident, there might be a lot of entities involved. As such, they are likely going to shift the blame to each other. The driver is going to fight for their livelihood and might not be financially capable to go through. Note that, the fault will be determined by the situation that caused the accident, whether or not the driver’s negligence caused it.
Is It Possible For An Attorney To Prove The Negligence Of The Truck Driver?
As experienced Gibsonton truck accident lawyers, Winters and Yonker can prove the negligence of the truck driver. We will use the facts available on the case such as the police statement, the recordings taken at the scene of the accident, and the witness statements. That’s why you need to follow the steps mentioned above if you have been involved in a truck accident.
What Types Of Compensation Can You Receive For A Truck Accident?
As your lawyers, we will work tirelessly to identify the negligent party. Once that is done, you are eligible for different types of compensation. These include:
They are the easiest to calculate since they can be assigned a specific value. These include physical therapy, medical bills, nursing care at-home, lost wages, modifications to your house because of the accident, and property damage.
These are tougher to calculate since they are items that can’t be assigned a monetary value. They include potential lost income, future medical bills, pain and suffering.
They are added to the economic or non-economic damages. They will be awarded by the court to make an example of the trucking company or driver. They are often awarded if the victim of the accident didn’t survive because of the injuries caused by the truck driver’s negligence.
How Much Is My Truck Accident Claim Worth?
After a truck accident, your claim is worth the total amount of money required to get you back to the previous position before the accident happened. It includes your medical bills, damages to your car, disability claims, recurring medical fees, and any punitive damages as a result of death. As your attorneys, we will help you determine the most favorable amount for compensation after your truck accident.
Is There A Deadline For Filing A Claim?
In Florida, you have a deadline of four years to make a personal injury claim after the official date of the truck accident.
Learn How Our Gibsonton Truck Accident Lawyers Can Help You
Once the accident has been reviewed, you should seek compensation immediately. Don’t wait too long because the facts of the case might become vague. Call Winters and Yonker, the best Gibsonton Truck Accident Lawyers to handle your truck accident claim as you restore your health. We are here for you!