Each year, around 450,000 accidents that involve trucks in the U.S. are reported. From these accidents, around 90% result in a single fatality. Accidents that involve trucks are very dangerous as they are longer and heavier when compared to regular vehicles. They are also harder to maneuver and handle. If you or someone close to you was involved in an accident with a truck, you should seriously think about hiring a skilled Pinellas Park truck accident lawyer.
This is when our law firm can help you. At Winters and Yonker, you are assured that we have a lot of experience with the statutes and laws that apply to this particular area. Our personal injury lawyers work hard towards making sure our clients are awarded the highest compensation for personal injuries and damages to their vehicles after an accident with a truck.
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Tips on What To Do After a Truck Accident
If you were recently involved in an accident with a truck, what you do directly after the incident is going to decide how your case progresses. It is important to do everything that you can to avoid losing any important information or evidence for the case. Here is a step-by-step guide on what you should do:
Call the Police
The first step will be to call 911 or your closest police station to report the accident. A police officer will record statements about your accident. During the settlement process or litigation, police statements are going to decide which party is at fault. This report is also used by lawyers as evidence when it comes to going after compensation for your claim.
Help People That Have Sustained Injuries
From here you need to ensure that all the involved parties in the accident are safe. Try to help anyone else that has sustained injuries from the accident. Of course, only do so if you can. When medical personnel arrive at the scene let them know who they should be working on first.
Exchange Contact Information With Other Drivers or Witnesses at the Accident Scene
If there was a witness at the scene of the accident, make sure you take down their contact details. Make sure you document as much as you can about the accident. If possible record statements from any witnesses as they may have seen exactly what happened.
Seek Medical Attention
Do not return home until you have gone for a full medical check-up. You may be suffering from an injury that you don’t know about. For this reason, ensure that a doctor provides you with a check-up before returning to work or home.
Contact a Lawyer
From here, contact our attorneys in Pinellas Park to help you file a claim to go after compensation for your damages caused by the accident. Winters and Yonkers are one of the best law firms to deal with truck accident cases. We are standing by to assist you after your truck accident.
What Laws Apply to Truck Accident Liability?
Many of the larger trucks are owned by commercial businesses. In these cases, truck drivers are usually not held liable for these accidents. These types of accidents are similar to personal injury laws whereby the employer will be held responsible for wrongful acts of their employees. However, the employer will only be held liable when the act was committed unintentionally and the driver was on duty at the time of the accident.
For this reason, when a truck driver has an accident out of normal working hours, then they will be held responsible for the incident. It is also reasonable to identify whether the truck driver is a contractor or a full-time employee. Lawyers have to prove a contract between a driver and the company along with the control that the business has.
In Florida, the employment terms are essential and courts have factors in place in order to determine this. This includes the “nature” of an employee action, the time that the action occurred, the intentions of an employee, the work type that the employee is hired to perform, the time-frame consumed when conducting the activity, and the level of freedom that the employee has while on the job.
How Is Fault Determined in a Truck Accident?
When establishing fault in accidents that involve trucks, information that is collected from each party involved in this accident, legal representatives, insurance-claim adjusters, and police officers all play an important role. It is not always as straightforward, since a truck may be hired by a holding company or when another company was contracted into handling the freight.
In all truck accidents, there may be multiple entities involved. For this reason, they are known for shifting the blame. Truck drivers will fight to keep their job and livelihood or they may not have the finances to pay for your claim. Keep in mind that the blame or fault is determined by the exact situation and the circumstances that caused your accident, regardless of whether the driver’s negligence caused the accident or not.
Can a Lawyer Prove That the Truck Driver Was Negligent?
As skilled and highly experienced Truck Accident Attorneys in Pinellas Park, Winters and Yonker know how to go about proving that a truck driver is negligent. We use the facts made available to use for the claim such as a police statement, anything recorded at the scene of the accident, and statements from witnesses. That is why it is important to follow through with the steps we mentioned above if you are ever involved in an accident with a truck.
What Type of Compensation Can I Expect From a Truck Accident?
As your legal representatives, we will work hard to determine the negligent parties. Once this is completed, you can become eligible for various compensation types. The common types include:
These amounts are easy to work out since they are assigned to a monetary value. This can include lost wages, physical therapy, at-home nursing care, medical bills, modification to your home due to the accident, or property damages.
These are harder to calculate as these are items that do not have a specific monetary value assigned to them. This typically includes pain and suffering, future medical expenses and bills, and potential loss of income.
These are added to non-economic or economic damages. Punitive damages are awarded by courts to punish or set an example for a driver or trucking company. This type of compensation is generally awarded when the victim of the accident died due to their injuries which was caused by the negligence of a truck driver.
How Much Is a Truck Accident Claim Worth?
After you are involved in an accident with a truck, the worth of the claim is the money that is required to ensure you return to a position you were in before your accident. This can include medical bills, disability claims, damages that occurred to your vehicle, ongoing medical fees, and punitive damages when your loved one died in the accident. As your lawyers, we can assist you in determining the amount that is most favorable after your accident.
How Long Do I Have to File a Claim?
In Florida, there is a deadline of four years to file a personal injury claim after your truck accident, from the date of your accident. If your loved one died in a truck accident, you need to file a wrongful death claim within two years from the date of their death.
Schedule a Free Consultation With a Pinellas Park Truck Accident Lawyer
After reviewing your accident, you need to go after compensation immediately. Avoid waiting, as the facts that surround your case could become vague. Contact Winters and Yonker today for the best Truck Accident Attorneys in Pinellas Park to deal with your accident claim and to get you back to the life that you deserve. We are here to assist you!