Have you or a loved one been involved in an accident with a large truck such as a Big Rig in Greater Carrollwood, Florida? Accidents with such massive vehicles can be particularly severe and cause catastrophic damages.
The only way to access the compensation you are entitled to is to get reliable legal representation from a Greater Carrollwood truck accident lawyer. Due to the potential for significant damage following a truck accident, the laws in Florida require much higher insurance policies for such vehicles. However, only a professional truck accident attorney has the experience and skills needed to effectively negotiate the case and even fight for your right in court if the situation demands it.
Our personal injury lawyers have over 50 years of combined experience and the know-how to handle truck accident cases. Contact the law offices of Winters & Yonker today at (888) 373-7770 to arrange a free consultation. We’ll give you a professional evaluation of your case as well as lots of quality advice on the steps to take next. Time is of the essence in such matters, which is why you need to get in touch with us today.
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What Should You Do Following a Truck Accident?
The aftermath of any crash is usually quite a confusing time. However, it is important to act intelligently and ensure that your interests are protected at this moment. If you have been involved in a truck accident or have a family member that as suffered injuries or even wrongful death in a truck accident, do the following:
Be Safe and Call 911
Stay calm and, if it is safe, remain in your vehicle and turn on the hazard lights. You might assume that your injuries are minor, but it is always advisable to have yourself and your passengers fully examined for injuries by the EMS.
Always put your safety first. Truck accidents can be particularly catastrophic and the aftermath possibly dangerous. If possible, you should check to ensure that others in the accident area are safe.
Get the names, insurance details, and license plate details from the driver of the commercial vehicle involved in the accident.
Document the Scene and Talk to Any Witnesses Present
If you are able to document as much of the events as possible, you can add significant clout to your case. Get in touch with any witnesses that may have seen the events and get their contact details. Take as many pictures as possible of both vehicles, the damages sustained, any traffic signals nearby, as well as any other environmental elements that may be relevant to your case.
Seek Medical Attention
Injuries sustained in car accidents are usually serious, but even though they might appear minor, it is always advisable to have a doctor examine you fully. Internal injuries and bleeding may go unnoticed at first but potentially fatal.
Get in Touch with a Lawyer
Don’t say or do anything to anybody that’s likely to weaken your case. Avoid commenting on the events that transpired, whose fault you believe it is, or even the extent of your damages. The report you make to police officers that arrive on the scene should be just the events as you remember them. Any other questions can and should ideally be forwarded to your lawyer.
If you don’t have any lawyer representing you in a Florida truck accident case, get in touch with a legal professional within the shortest time possible.
How Do You Determine Fault in a Truck Accident?
Liability has to be determined in truck accident cases for your attorney to have any chance of securing compensation for your injuries. Liability may be determined by a judge that examines all the information on the accident from witness reports, police reports, insurance claims adjusters, forensic experts, as well as information that your legal representatives gather.
The following four elements have to be established to establish liability in Florida truck accident cases:
Duty of Care
Truck drivers along with their companies have the obligation to operate with reasonable care to ensure the safety of other motorists on freeways and roads.
Breach of Duty
The truck driver or company that the truck driver works for breached their duty of care by operating or acting in a negligent manner.
The negligent acts of the truck driver or the company they work for were what ultimately caused the accident.
The accident was the result of negligence on the part of the truck driver or the company they work for and resulted in damages and injuries.
Who Can be Held Liable?
Your legal representatives will work hard to find out the party or parties responsible for the accident and the resulting damages. Some of the parties that may be listed in a lawsuit include:
- Truck driver
- Trucking company
- The company that loaded the truck
- Parts or vehicle manufacturer
Important Regulations for Commercial Truck Drivers
Due to the high-risk nature of commercial trucking, there are some key regulations that must be followed besides the regular traffic laws. The FMCSA requires truck drivers as well as trucking companies to follow the regulations below:
- Document breaks and services
- Maintain a logbook of hours on the road
- Drive for a maximum of 10 hours a day
- Abstain from alcohol along with other controlled substances at work
- Load cargo and other hazardous materials properly
- Maintain scheduled maintenance
Is It Possible for an Attorney to Prove Negligence on the Truck Driver’s Part?
Your truck accident lawyer in Greater Carrollwood will have vast experience in building a bulletproof case in your favor. It will start with an expert collection of evidence as well as a full investigation of the incident. It may take up to several weeks, but it is critical to establishing a case that will fare well when it comes to negotiation and remain stalwart in court.
Your attorney may also do the following as part of this investigation:
- Hire experts to reconstruct the accident
- Review the police reports and photographic evidence
- Conduct interviews with witnesses
- Investigate the truck driver’s work history
- Identify any faulty components of the truck
The investigation helps establish where the fault lies and lets the attorney pursue the case. It is always important to remember that several parties may be at-fault and liability has to be established for all of them.
What Types of Compensation Can I Expect?
The types of damages that can be collected in truck accident cases can be classified into three groups:
They include the damages that can be calculated by exact financial equivalents and may include the past, present, and future medical costs, wages lost during the process of healing, as well as the loss of earning capacity.
It requires expert testimony and opinions to establish how much mental anguish, loss of consortium, or even pain and suffering are actually worth in dollars. While no amount of money can ever replace the value of non-economic damages, it helps to lessen the financial side of things.
If the liable party’s actions are found particularly egregious, the judge may apply punitive damages to punish such behavior.
How Much Is My Truck Accident Claim Actually Worth?
It can be very difficult to come up with an exact figure without a full examination of the details in every case. Naturally, the greater the damages, the higher the compensation amount is likely to be. To find out more about the value of your case, it can be a good idea to arrange a free consultation with a legal professional such as those at Winters & Yonker.
What’s the Deadline When It Comes to Filing Truck Accident Claims in Florida?
Unless the truck accident led to wrongful death, Florida’s laws require personal injury cases to be filed within four years of the accident that resulted in the injury. If you discover the injuries after the date of the accident, your time limit starts the date of the discovery of the injuries.
Unfortunately, truck accidents tend to be very severe and often result in wrongful death. If that’s the case, the statute of limitations for filing the wrongful death lawsuit will be two years from the date of the person’s death.
Contact the Greater Carrollwood Truck Accident Lawyers at Winters & Yonker
Truck accidents tend to be more severe in nature, which is why you need the right legal professionals to help you claim the compensation you are entitled to under Florida law. If you have found yourself having to deal with the uncomfortable aftermath of a truck accident in Greater Carrollwood or elsewhere in Florida, call our team of professional truck accident attorneys at (888) 373-7770 to arrange a free case evaluation.