Trucks have the potential to cause dangerous accidents because of their large and heavy loads. Therefore, if a truck gets into an accident, the chances of the accident being deadly, with severe injuries are high. Therefore, if you or a loved one is a victim of a truck accident, you need to call us today.
At Winters and Yonker, our Palmetto truck accident lawyers offer a free initial consultation service, where we listen to your claims, evaluate your case, and recommend the best legal action to take. We offer this service without any obligation. Furthermore, we work on a contingency fee basis, which means we do not get paid if we do not win the case. Get in touch with a personal injury lawyer today through (888) 373-7770 and booking your free initial consultation appointment.
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What Should You Do After A Truck Accident?
The actions you take after an accident, will not only play a role in helping you with your compensation case but also show your side of humanity. as such, after an accident, you should:
- Help others if possible (if you are in a position to help others, please do so, but you should not risk your life)
- Call the police (calling the police will help in many ways like writing a police report, investigate what happened, and so on)
- Exchange Info with the other part (this include the name, insurance info, vehicle number plate, and others)
- Document the scene (you can be your best advocate. If possible, take as many pictures as possible of the accident, the street or road, any road signs, etc.)
- Seek immediate attention (it is wise to seek immediate medical attention. Do not forget to keep safely all the documents given to you like the cost, injury diagnosis report, and others)
- Contact an experienced attorney (it is wise to contact a lawyer immediately after the accident)
How Can A Truck Accident Attorney Help?
Remember, trucks can weigh up to 40 tonnes, and during an accident can cause serious destruction on the road. It is important to note that; some accident cases can be solved easily without even needing the services of an experienced auto accident lawyer. Filing a compensation claim involving any commercial vehicle is complex, which is why it demands the attention of an experienced attorney. Truck accident cases call-for a great deal of knowledge, experience, and the know-how to navigate the legal system.
When you speak to Winters & Yonker truck accident lawyers, they will determine the best legal action to take. It all starts from collecting evidence, conducting investigations, recruiting expert witnesses, and presenting evidence on your behalf.
Do not forget that many trucking companies have a team of lawyers to protect themselves from paying a high price in a negligence case against them. For this reason, you need an attorney who understands the law in Palmetto, Florida, very well. The lawyer will help you in negotiations, filing the claim, and civil court representation.
What Types Of Compensation Can I Receive?
Compensation in a truck accident case is divided into three categories, which are:
This is a type of compensation a person is awarded monetary value for losses suffered in an accident. It covers all losses that can be physically seen and calculated like most income, medical bills, loss of earning ability, property damage, out-of-pocket costs, household services, and others.
This is a type of compensation awarded to an injured victim after an accident. It covers losses that cannot be seen or calculated, like humiliation, emotional anguish, pain, loss of enjoyment, reputation damage, worsening previous injuries, and others.
This is a legal payment whereby a guilty defendant who has committed and proven to have committed an offense is ordered by the court to pay on top of the compensatory damage. This is awarded not to compensate the injured victim but as a way to punish the defendant.
What Is The Deadline For Filing A Claim In Palmetto, Florida?
The time to file a compensation claim is known as the Statute of limitation. This law can be found in Florida Statutes Annotated Section 95.11(3). Under Florida’s personal injury Statute of limitations, a victim has only four years. However, sometimes it differs based on the case type.
For example, the Statute of Limitations can be paused; if the plaintiff is mentally incapacitated or the defendant is nowhere to be found within the state. Also, if the claim is against government agenesis, the time changes to three years.
How Is Fault Determined In A Truck Accident Case?
The truth is that determining liability in a truck accident litigation is not as straightforward as many may think. That is because unlike a car accident, there are more players involved. The common players are:
The Law Enforcement
The police officers are always the first entity to investigate the accident. They will review the accident scene, take photos, collect witness statements, and evaluate the accident scenario. After this, they will write a police report based on their investigations.
The insurance companies will send their adjusters to review all the details of the accidents (including collecting evidence, interviewing witnesses, and inspecting the vehicle). If the accident involved multiple vehicles, different insurance companies send their adjusters who will perform independent investigations.
The Court System
The court will listen to the argument presented by all parties, and determine the party at fault for the accident. In court, the evidence must be presented and analyzed in order to assign guilt. Other players may include: –
- The driver
- The entity/organization that leased the truck
Nevertheless, fault is determined when the following is proven:
- Duty of care
- Breach of duty of care
Who Can Be Held Liable For A Truck Accident In Florida?
Driving a truck loaded with goods is an occupation that demands precision and skills. As such, a driver must be licensed, well-trained, experienced, and maintain a high safety level while driving. However, most drivers tend to ignore the safety part, which is why truck drivers are often to blame for many truck accidents. Sometimes there can be multiple parties to blame for the crash, such as: –
- Trucking company
- The truck driver
- The company that loaded the truck
- The truck maintenance company
- Vehicle parts and truck manufacturers
- The passenger vehicle driver
Get In Touch With Our Palmetto Truck Accident Lawyers Today
Let an experienced attorney help protect your right and get you the compensation amount you deserve. We will not rest until you get what you deserve. Our personal injury firm offers a free initial consultation service and works on a contingency basis. This means that we do not get paid until we win the case for you. Book your free initial consultation appointment by calling us at (888) 373-7770.