Florida highways are littered with large, 18-wheel commercial vehicles and tractor-trailers. Weighing up to 80 thousand pounds, many precautions are taken to ensure these mammoths can cruise as safely down our streets as possible. For example, cdl drivers must follow a strict schedule and can only legally be behind the wheel for so long before they must pull the vehicle over and seize driving.
When an 18-wheeler is involved in an accident with another motor vehicle on the road, what happens when a truck driver has an accident? This answer depends on the circumstances around the accident. Was the truck driver exhibiting reckless, negligent, or illegal behaviors? Or was it because the car driver was speeding in their blind spot? Either way, if you have been the victim of a truck accident because of another’s negligence, a New Port Richey truck accident lawyer can help.Â
How Is Liability Established in a Florida Truck Accident?
As with any other motor vehicle accident in the Sunshine State, liability is established through the four components of negligence. These include:
- Duty of care: While driving on the road, there is an expectation that all drivers adhere to the law and take precautions to keep other drivers safe. This includes truck drivers following their driving limits as well as other drivers not following the tractor-trailers too closely or speeding in their blind spots.
- Breach of care: By driving recklessly, negligently, or illegally, you are directly breaching the owed duty of care.
- Causation: When the breach results in an accident with one or more parties, this is known as causation or a link.
- Damages: Any damages incurred due to the breach of care leave the negligent party at risk of being held liable.
If the at-fault party has demonstrated the four components of negligence, your attorney can use evidence like eyewitness testimony, accident scene documentation, and traffic camera footage to establish liability.
Potential Damages for the Victims of a Florida Truck Accident
A semi truck accident can result in serious injuries that may take months of medical bills, rehabilitative therapy, and lost wages to recover from. In this case, potential damages for truck accident victims are eligible for economic and non-economic damages.
Economic damages are tangible items with an already defined price point. Examples of this include your hospital bills, damages to your vehicle, the cost of lost wages due to missed work, and so on. Non-economic damages are the losses not so easily financially measured, such as loss of consortium, anxiety, PTSD, and more. Though it may feel weird to put a financial amount on your suffering, your attorney can help establish an appropriate figure.
Trucking Companies and Insurance Claims
Many trucking companies are required to carry extensive insurance policies due to the nature of their work with commercial vehicles. This means if you’re filing insurance claims after a serious traffic accident involving a commercial truck, you might face pushback from the insurance company. Working with an experienced truck accident lawyer can help you ensure these claims are handled effectively and accurately. Whether you’re a cdl driver or the victim of a truck crash, legal guidance is essential.
Injured in a Truck Accident? Speak to a Dedicated Attorney Today
Don’t try to navigate your truck accident claims alone. Without the help of truck accident attorneys, the insurance companies may leave you with a low settlement and only slightly smaller stacks of bills. McPherson & Thomas, P.A. understands the trauma being in a truck accident can cause, both physically and emotionally. We have spent decades helping Floridians get the compensation they deserve after a car accident or commercial truck accident, and we would love to do the same for you.
We don’t see any money unless you win. Similarly, if you are unhappy with our services or consultation within the first 60 days, you can cancel for any reason. We’ll hand over all case files, findings, and more, no questions asked. To see how we can best help you today, please give us a call at (727) 848-8892 or fill out our contact form.
FAQ about Florida Truck Accidents
Can trucking companies be held responsible for truck accidents caused by their drivers?
Yes, trucking companies can be held responsible if their cdl driver caused the accident due to negligence, such as inadequate training, poor maintenance of commercial vehicles, or requiring excessive hours behind the wheel. A skilled truck accident lawyer can investigate whether the company shares liability for the accident.
How can a truck accident lawyer help victims of severe injuries?
A truck accident lawyer can help victims recover compensation for medical bills, lost wages, and other damages. If severe injuries result from the accident, they can also negotiate with trucking companies and their insurers to ensure fair settlements. Additionally, lawyers gather evidence and work to prove the truck driver or company was at fault.
What are the most common causes of accidents involving CDL drivers?
Accidents involving cdl drivers often result from fatigue, distracted driving, or mechanical issues with commercial vehicles. Trucking companies are required to maintain their fleets and ensure drivers adhere to strict schedules to prevent these issues. If a commercial driver fails to follow these rules, they may be held accountable for the accident.
What should a victim do immediately after a truck accident involving severe injuries?
After an accident, victims should seek medical attention for severe injuries, document the accident scene, and gather information from the truck driver. They should also consult a truck accident lawyer to handle communications with trucking companies and insurance providers, ensuring their rights are protected throughout the claims process.
