Big rig trucks, tanker trucks, semi-trucks, and many other commercial trucks are an integral part of the American economy – but on the road, they can be scary and deadly. All kinds of trucks fill the byways, interstates, arterial roads, and thoroughfares, and tragically, thanks to lax regulations and incompetent trucking companies, truck drivers are not always in tip-top shape. They are operating a humongous truck while fatigued or cutting corners is a deadly risk to all road users.
Driving on Florida roadways usually means sharing the road with these commercial trucks. This can be nerve-wracking, even if the truck driver is careful. Even when you are in the passing lane, a truck accident can occur, causing high levels of property damages, physical injuries, emotional trauma, and fatalities.
If you have suffered injuries from a truck accident in Florida, contact the Oldsmar truck accident lawyers at Winters and Yonker at (888) 373-7770. Let our personal injury firm fight for the compensation you deserve!
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What Should You Do After A Truck Accident?
If you’re involved in a traumatic truck accident, it’s easy to get lost in confusion and shock. Unfortunately, saying the wrong thing or taking the wrong actions can make a bad situation worse. Below are steps to take after a truck accident to help you sort the situation quickly and as seamlessly as possible.
Get To Safety
The moments right after a truck accident can be just as, if not more dangerous than the initial impact. So, make sure that you and your car are out of harm’s way.
Check On Others
After you have determined that you are not in harm’s way, stay calm and attempt to check that others involved in the crash are also OK. Provide first aid where practicable but do not move injured persons if they cannot do so by themselves.
Once you’ve checked on yourself and others, it’s time to ring 911 immediately. The police officers will help write up an accident claim that will come in handy when determining fault, and in case you choose to file a lawsuit.
It’s vital that you obtain the truck driver’s details and others that were actively involved in your crash. In all cases, you should collect:
- The truck driver’s name, vehicle registration no, driver’s license no., address, email address, and phone number
- Driver’s employer information
- Driver’s insurance info and policy details
If there were witnesses, if you can, talk to them and also get their contact information.
Document The Scene
Next, make a note of the details surrounding the accident. Sadly, if you’re in shock, this might not be practicable. Instead, use your phone or camera to document the scene. Try to capture details such as:
- Photos showing the position of the truck and other vehicles
- Model, make, color, and registration no. of each vehicle involved
- Road conditions, the weather, and visibility
- Your injuries and those of others involved
If you notice anything, take a photo or take notes. Alternatively, draw a quick sketch of the scene.
Seek Medical Attention
Once you’re away from the crash site, go see a doctor for treatment. Even if emergency responders treated you, make sure you see a doctor and document your injuries and treatment.
Get In Touch With An Attorney
It’s advisable to contact a specialist truck accident lawyer if you are involved in a truck accident. This is regardless of whether or not you have any intentions of filing a claim. You want to know your interests are looked after, and a lawyer does just that.
How Can An Oldsmar Truck Accident Specialist Lawyer Help?
Hiring a truck accident specialist lawyer can be a tough decision and, undoubtedly, one that will significantly impact the outcome of your truck accident case. Here’s how our truck accident attorneys near Oldsmar, Florida, can help with your case:
Prompts & Thorough Investigation
You will not have to worry about evidence disappearing. We will leave no stone unturned. We also work with experts to help gather vital evidence for your lawsuit.
The chances are that the insurance companies won’t offer you enough or fair compensation. Besides, insurance firms and trucking companies have big budgets for legal representation. So, if you decide to take them on alone, you will be an underdog in your case. Our attorneys are skilled with settlements and dealing with insurers and will negotiate for maximum compensation.
Trial Preparation & Representation
There are regulations and rules that govern filing a truck accident in Florida. Our attorneys will guide you throughout the claim process, and if settlement negotiations don’t pan out, they will fight for your compensation in court.
What Types Of Compensation Can I Receive In Florida For My Truck Accident Case?
If you have a case, there’s a high chance that the trucking company, their insurer, or attorney will make you a big settlement to cover all your medical costs associated with the accident. Even if you feel worn out by the process and tempted by the offer, do no sign. Your losses and damages connected to the truck accident are much bigger than just medical bills, even if your medical expenses add up to hundreds of dollars.
The personal injury lawyers at Winters and Yonker can help you recover compensation for the full extent of your losses, including:
Covers the compensation for any losses that can be quantified/have a monetary value. They include the cost of medical treatment (current and future), lost income, property damage, transportation costs, cost of rehabilitation and home care, and medical devices’ cost.
Covers compensation for losses that cannot be easily assigned a dollar value. They include compensation for emotional anguish, pain and suffering, and loss of consortium.
Can be recovered if the liable party is found to be exceptionally reckless and negligent.
Is There A Deadline For Filing A Truck Accident Lawsuit In Florida?
Yes, there’s a 4-year time limit to file a truck accident lawsuit for property damages and bodily injuries in Florida. You mustn’t delay in order to preserve evidence from driver logbooks, maintenance records, and electronic on-board recorders, as they could be destroyed or lost as time passes.
The bottom line is that you do not want to gamble with your lawsuit by failing to take timely action. Contact our Oldsmar truck accident lawyers to help you understand Florida’s statutes of limitations.
How Are Negligence And Fault Determined In A Truck Accident Claim In Florida?
To win a truck accident case in Florida, you need to prove that the at-fault party was negligent and, as a result, responsible for your injuries. To prove negligence, you need to show the following four elements:
- Duty of care was owed
- Duty of care was violated or breached by the at-fault party
- Causation: The at-fault parties actions led to the truck accident that led to your damages and injuries
- Damages: you suffered actual loss as a result of the truck accident caused by the negligent actions of the at-fault party
Also, Florida follows the comparative negligence law, which means you can recover compensation regardless of your role or degree of fault in the truck accident. However, the compensation you recover will be reduced to match your percentage of responsibility.
Who Can Be Held Liable For Damages?
Ascertaining the identities of potentially liable parties for a truck accident case can be challenging. Depending on what caused the truck accident, other parties could quickly become relevant to your lawsuit, including:
- The trucking company
- The truck driver
- The loading company
- The shipping company
- Other drivers
- The truck manufacturer
Our Team Is Your Team!
Here at Winters and Yonker, we know the physical, financial, and psychological implications that a truck accident can have on victims and their loved ones. That’s precisely why we will provide expert legal advice, a personalized experience, a result-driven approach, a network of support, and more importantly, a client-first philosophy from start to finish. Call our Oldsmar auto accident lawyers at (888) 373-7770 or email. Let our team fight for you today.