Florida Truck Accident Lawyer | Semi truck accident attorney in Florida
Truck accidents can cause catastrophic injuries to you or your family members. Because of the complexities of Florida truck accident claims, help accident victims hire an attorney. Contact the Law Offices of Florian | Robig to learn more about truck accidents, liability, and how an attorney can help you prove your claim.
Florida Truck Accident Lawyer | Semi truck accident attorney in Florida
As with any vehicle on the road, truck accidents in Florida can happen anytime for some reason.
Semi-truck and tractor-trailer truck accidents can cause significant damage to property and motorists. Due to the severity of damages and injuries caused in significant truck accidents, filing legal claims can be complex and challenging.
If you or a loved one was involved in a truck accident, you might want to hire a truck accident attorney, such as one at the Florian Law Firm. Roebig, to help him collect damages.
How Liability Works in Florida Truck Accident Cases
Liability in a truck accident can be complicated. This is not only because the injuries are more likely to be severe but also because multiple parties may be involved who share responsibility for your injuries.
To file a truck accident claim in Florida, it is essential to identify all parties involved in the accident. Assigning liability to the appropriate party can help you determine the number of damages or monetary compensation in a truck accident case.
Who Are the Defendants in Florida Truck Accident Claims?
In some truck accident cases, the driver is responsible for the accident and must be named a defendant. However, liability in a commercial truck accident can extend beyond the driver.
In addition to the truck driver, different parties that may be liable in a Florida truck accident include:
- Driver's employer or client (trucking company)
- The owner of the truck
- The truck manufacturer (especially if the accident was the result of a defective part)
- Third-party contractors or cargo-handling companies
- Negligence Practices on Florida Truck Accidents
Any driver on Florida's roadways, including truck drivers, must protect the safety of others on the road. This means obeying traffic laws, being alert, and doing everything possible to avoid an accident.
Truck driver negligence occurs when truck drivers breach this duty of care, fail to protect other drivers on the road, and that failure results in an accident.
Truck drivers are held to high responsibility standards set by the Federal Motor Carrier Safety Administration (FMCSA) and the Florida Highway Patrol Office of Commercial Vehicle Enforcement. This is because trucking accidents carry a high risk of property damage, serious injury, and death.
For these cases, you will file a claim against the at-fault party's insurance company. Your attorney can help you identify potential negligent parties in your claim.
List of Top 3 Causes of Commercial Truck Accidents in Florida
Overloaded Driving:Â An overloaded semi-trailer can blow or fail the brakes on the highway, causing a catastrophic mechanical failure.
Commercial Truck Malfunctions:Â One of the most significant commercial truck malfunctions is when the ELD cannot record or retrieve records about the carrier.
Distracted truck driving:Â A truck driver calls on a cell phone, eats, drinks, texts, or adjusts the radio.
Types of Truck Accidents in Florida
Car accidents involving large trucks can involve two or more vehicles, and how a truck accident occurs can affect the extent of injuries and damages.
Due to the size and weight of commercial trucks, there are many types of truck collisions in Florida that can be catastrophic.
Vanity truck accident
A rollover accident occurs when a semi-trailer rear-ends a small vehicle. Because of the height of commercial trucks, a semi-trailer can roll over the back of a car and cause a car accident.
The truck accident was avoided.
An override accident is the opposite of an override accident. In this case, the small vehicle driver falls into the back of the tractor-trailer. The semi-trailer may have stopped suddenly or changed lanes incorrectly.
Although many trucks have guards on the rear of the trailer, a vehicle that crashes into the back of a car can become trapped or pinned down.
Dump truck accident
Large trucks with long trailers can overturn when drivers make turns at high speeds. Strong winds, other weather conditions, or driver error can also cause a car to tip over on its side.
This type of tractor-trailer accident can cause significant roadblocks, chain reaction accidents, and severe damage to passenger vehicles.
Knife truck accident
On Florida highways, a jackknife accident can be fatal. This type of commercial vehicle accident occurs when the tractor-trailer attachment loosens or fails, causing the tractor-trailer to stand on top of the tractor, similar to a jackknife. Once ruptured, a semi-truck can block the highway or cause car accidents.
Runaway truck accident
If the truck driver loses the ability to stop or slow the vehicle, the truck's weight can cause it to accelerate. A car can hit anything, from other vehicles to pedestrians to property. This is especially dangerous if the car is going downhill.
Common Truck Accident Injuries in Florida
Like any car accident, truck accident injuries can be minor or severe. However, more significant truck accidents are more likely to cause serious or debilitating injuries.
According to FMCSA data, the number of truck accident injuries is rising.
Examples of truck accident injuries include:
- Broken bones
- Spinal cord injuries
- Distortion or injury
- Traumatic brain injuries
- Amputated limbs
- Burns or wounds
- Other fatal injuries.
Common Causes of Truck Accidents in Florida
The FMCSA says that sizeable commercial truck accidents include alcohol use, speeding, and driver fatigue. However, accident investigators are reluctant to say that one factor caused the accident and often cite multiple factors.
Common causes of truck accidents in Florida include:
Distracted driving:Â This can include texting, playing with the radio, talking to passengers in the car, etc., while driving.
Improper loading of cargo:Â Failure to properly load cargo can be the responsibility of the trucker, shipping company, or a third party.
Aggressive driving behavior:Â Speeding, tailgating, weaving in and out of traffic, or attempting to side-swipe are all considered aggressive driving.
Brake problems:Â Brake problems are dangerous for semi-trucks, so regular maintenance is essential.
Use of prescription drugs:Â Opioids, benzodiazepines, amphetamines, and other prescription drugs can be dangerous while driving a heavy truck.
Traveling on unfamiliar roads:Â Lack of proper training or traveling on unfamiliar roads can lead to accidents.
Congestion or traffic flow problems:Â The more traffic in an area, the higher the chances of accidents.
Adverse weather conditions:Â Wet or slippery roads, strong winds, winter storms, and other hazardous weather conditions can cause drivers to lose control.
Driver error:Â Drivers can make mistakes for several reasons, and sometimes it can have serious consequences.
FMCSA states that truck accidents can be caused by several factors related to the driver. This can include falling asleep, having a heart attack or physical injury, making a wrong decision, overreacting to something, or misjudging the speed of other vehicles.
What to Do After a Truck Accident in Florida
If you are in a truck accident, make an emergency call right away. Once you contact the dispatcher, report any injuries to them. Tell them if someone is trapped, injured, or thrown from your vehicle and if there is any dangerous debris at the scene, such as a fuel spill or downed power line.
After calling 9-1-1, there are steps you can take to ensure your safety and improve your case for filing a truck accident claim.
Do not refuse medical care.
Report all your injuries to paramedics and first responders at the scene. If they suggest you check out at the hospital, say no.
If you refuse or delay medical treatment after an accident, insurance companies may deny your claim for medical expenses by claiming that the accident did not cause your injuries.
Collect information from the truck driver.
Sharing information with the other driver is very important. In Florida, truck drivers must meet specific qualifications and driving regulations, so ask for this information or make sure it's listed on your commercial driver's license.
Try to gather the following information about the truck operation:
- Taxi license number.
- Contact information for the taxi owner (if different from the driver)
- Driver's insurance information.
- The name of the trucking company that rented or owned the truck.
- Truck loading information, if applicable.
Collect evidence from the crime scene.
Gathering evidence at the scene of an accident can be critical to personal injury claims. Of course, if you were seriously injured, this may not be possible.
If you can gather evidence, it is helpful to submit the following:
- Photos of the accident, including the impact points of the truck and your vehicle.
- Detailed notes or observations about the accident (note any admission of fault by the truck driver)
- Collect witness statements if possible.
- Note the location of traffic cameras at the scene.
- The next day, inspect the scene, gather more evidence, and take photos of anything that may have been moved or tampered with.
How an Attorney Can Help Prove Your Florida Truck Injury Claim
If you hire a Florida truck accident attorney to help collect damages for your claim, they will likely try to prove negligence.
This means that you and your attorney will need to find important information that proves the truck driver or trucking company's negligence.
A truck accident attorney can try to uncover the following information to help prove negligence.
Truck Driver CDL License: Active or Suspended?
Truck driver criminal history:Â Does he have any outstanding warrants or charges?
Truck driver's driving record:Â Do you have a list of previous accidents?
Hours of Operation: Was the truck driver operating outside legal service hours?
Cargo Considerations: Was the cargo within the legal weight limit?
The physical condition of the truck driver:Â The truck driver may have to submit to a drug test to show if he was under the influence of drugs or alcohol.
Although some of this information may be available in a police report, the truck driver or company may not voluntarily provide this information, such as information from an electronic logging device (ELD) or black box data from the truck.
If you claim injury against the truck driver or another responsible party, an attorney will likely represent them. It is essential to hire a truck accident attorney who can issue a subpoena for defendants to turn over any evidence that may help their case.
Damages You Can File in a Florida Truck Accident Claim
Insurance companies often pay for damages related to vehicle accidents. These companies may underbid to avoid paying significant fees to cover your injuries. However, because semi-truck accidents are prone to severe injuries, millions of dollars can be at stake.
You will need a skilled and qualified personal injury attorney to negotiate with the insurance companies and get a fair price for your truck accident case.
If you were involved in a truck accident that resulted in serious injuries, a Florida truck accident lawyer could get you compensation from the insurance company:
- Medical bills or expenses
- Future medical expenses
- Permanent disability or disfigurement
- Wages and future income are lost due to not working.
- Wrongful death
List of Florida truck accident attorneys near you
If you or a loved one has been involved in a truck accident and are ready to file a claim, you can get a free case evaluation from an experienced Florida personal injury attorney. Florian
Every year since the award's inception in 2010, Florian
Florian
- Will H. Floren, BCS
- Tommy D. Robig, BCS
- Chase P. Florian, BCS
- John J. Hart
- Parker Y. Florian, LL.M
- Taylor D. Robig
- Knowles R. Solarte, OC
- Lawrence J. Najm, OC
- Andrew M. Levin, OC
With more than 30 years of experience, our law firm has won more than $1 billion in settlements of personal injury cases by providing high-quality legal representation to our clients.
Some of the Florida areas served by our experienced semi-truck accident attorneys include:
- Tampa
- Orlando
- Miami
- West Palm Beach
- Fort Lauderdale
Florian today to file a Florida truck accident claim
At Florin|Roebig, our team of top-notch personal injury attorneys can help guide you through filing a legal claim after a truck accident. Our multi-state law firm is based in Florida, and our team is knowledgeable and experienced in Florida truck accident law and federal regulations.
Knowing whether to proceed with a claim or a lawsuit after an accident can be challenging. That's why our firm offers a free initial consultation to help you decide whether legal action is in your best interest.
To learn more about Florida truck accident claims or to begin a free case evaluation for you or a loved one, contact the legal team at Florin|Roebig today.
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