You should pick a reputable Odessa truck accident lawyer, who has experience dealing with these lawsuits if you need help with your claim case. Trucks are large vehicles used to transport bulky goods. Given the vehicles’ size, they are bound to cause significant damage, injuries, and deaths when involved in a road accident.
At Winters and Yonker, we are all too familiar with how complicated such legal issues can get due to different factors. Call our personal injury offices today to speak to one of our legal experts and schedule a free case evaluation.
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What Should You Do After A Truck Accident?
If you are involved in a truck accident, try your best to maintain your cool and take the following steps, which will play a vital role in preserving your chances of getting fair compensation for your injuries, damages, and suffering.
Alert the police about the incident, giving them your location. They will rush to the scene and take statements from all parties involved, then compile an accident report, which can be used as evidence to support your claim.
Give a helping hand to those involved in the truck accident. The first aid you offer can help save a life by ensuring they are out of a life-threatening situation before the medical emergency response team arrives.
Get the contact details for those involved in the accident and the potential witnesses. Note down their names, home address, phone number, vehicle plate numbers, and driver’s license number.
Document The Scene
Use your smartphone to take pictures and short videos, capturing the vehicles involved, road condition, weather, road signs, and other factors that might have contributed to the truck accident.
Seek Medical Attention
Ensure that you visit the hospital and get checked even if you do not think you sustained significant injuries. Let the health experts rule out what is fatal or not as they run a full diagnosis and compile a medical report that could be used and evidence in your truck accident lawsuit.
Contact An Odessa Truck Accident Lawyer
Downplaying the significance of working with a reputable, seasoned truck accident attorney will be to your detriment. Your chances of winning the lawsuit and getting the maximum compensation are pegged on having the best legal representatives on your side.
How Can A Truck Accident Lawyer Help?
When you have a truck accident attorney representing you, you will not have to worry about the following things:
Our lawyer will have some professionals specializing in different, relevant fields conducting the investigations to ensure they gather all the information needed to put a winning strategy for your claim.
Creating a Claim
After the investigation, our attorney will create your claim, detailing your injuries, damages, losses, and suffering. They also will highlight how the defendant acted negligently or is to blame for the accident.
Our truck accident lawyer in Odessa, FL, will be ready to hold out-of-court negotiations with the insurance companies and advise you on what you should do in preparation. You will not have to worry about defending yourself before the insurance providers and their legal team; that is your attorney’s job. Furthermore, we guarantee that the matter will have its day in court if the negotiations fail to bear fruit.
When we go to trial, we shall prevent all the evidence before the court and show how the defendant must be held accountable for your injuries, losses, and suffering. The judge or jury will deliberate and hand down a verdict stating who is at fault, and the court will award fair compensation.
What Types Of Compensation Can I Receive?
Both federal and state laws grant you the right to seek economic and non-economic damages, with room for even pursuing punitive damages against those responsible for the truck accident that is the reason for your injuries and suffering.
The economic damages will cover losses with a monetary value – things like medical expenses lost capacity to earn a living, lost wages, and property damage, among other things.
The non-economic damages will cover losses that cannot be easily given a monetary value but still have a significant impact on your way of living. They include physical, mental, and emotional damages, loss of consortium, among others.
We also may request the court to issue punitive damages if our investigation shows that the defendant’s actions are grossly indifferent and worth more punishment than just being asked to compensate you for your injuries and losses.
What Is The Deadline For Filing A Truck Accident Claim In Odessa?
Under Florida State laws, most truck accident victims have a four-year period within which they must file their lawsuits. You must do this within the stipulated four years, which is counted from the accident date. However, some factors may cause the statute of limitation period to change. For instance, a truck accident that also amounts to a wrongful death must be filed within two years.
Such complexities are why we highly recommend that you get in touch with an experienced truck accident lawyer in Odessa to ensure that everything is done correctly and your claim is filed at the right time.
How Is Fault In A Truck Accident Determined In Florida?
The process of determining fault will focus on the following things:
- Proving that the driver disregarded traffic rules and regulations.
- Establish ground for evaluating the driver’s professional credentials, including the employers, to ensure they hired qualified truck drivers.
- Investigate the truck to confirm that it was well maintained and in sound conditions for running on the roads.
- Checking for any manufacturing defects the vehicle might have when leaving the assembly line and if the flaws played a part in the collision.
- Reviewing the driver’s logbooks to confirm they followed all federal and state trucking rules and regulations.
- Investigating the accident scene thoroughly and bringing in reconstruction experts to help join the dots based on police reports and witness accounts and figure out how things unfolded.
Who Can Be Held Liable For A Florida Truck Accident?
We shall determine the roles that any of the following played in the truck accident and the liability they shoulder from our investigations.
Your auto accident lawyer will determine if the driver owns the vehicle or is employed. They will also determine if the driver flouted traffic laws like driving when fatigued, intoxicated, or distracted.
The team handling your case will investigate the trucking company to see if they hire qualified drivers, provide them with adequate training, and whether they force their employees to work long hours with little resting time.
To determine if the loaded cargo was secured for transit or whether the vehicle was overloaded.
Truck Manufacturer And Maintenance Companies
To know if a defective part of poor maintenance had a role to play in the accident, meaning the truck or parts manufacturer, distributor, and repair/maintenance contractor will be considered liable for the collision.
Call Our Law Offices And Schedule A Free Consultation
At Winters and Yonker, we are a law firm with an impeccable record. We have the legal skills and resources needed to help you navigate the different hurdles as you seek justice against those responsible for the truck accident. When you come to us, we guarantee we shall be committed to fighting for your rights.
We have your best interests at heart. Take advantage of our personal injury lawyers‘ expertise and ensure your case starts on the right footing. Call our office in Odessa, Florida, today at (888) 373-7770 to speak to a reputable and experienced truck accident lawyer to know more about how we can help you win.