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Truck accidents can occur for a wide variety of reasons. Unfortunately, it is common for improperly loaded cargo, failure to conduct inspections, faulty manufactured parts, worn-out tires, or even a sleepy driver to cause serious crashes.
If you suffered an injury in a tractor-trailer accident, you should retain the experienced Florida truck accident lawyers at Kogan & DiSalvo to represent your interests. Truck accident cases may involve liability for multiple parties and other complex legal concepts, including regulations established by both the Department of Transportation (DOT) and the Federal Motor Carrier Safety Administration (FMCSA).
As in every type of a personal injury claim for damages, the burden falls on the injured plaintiff to prove that a defendant’s actions were the cause of their losses. This may require the lawyer to investigate the cause of the accident, evaluate the relationship between a defendant driver and their employer, and make an accurate measurement of their losses. A failure to complete any of these steps in a case may lead to a reduced compensation package or the denial of a claim.
Therefore, it may be in your best interest to consult with a legal professional. While you focus on healing from your physical injuries, our dedicated personal injury lawyers could focus on addressing your financial losses and legal needs.
Most plaintiffs do not have experience with civil claims and may be unsure of what their case is worth. Fortunately, a Florida attorney with experience in litigating truck accident claims could evaluate what a case may be worth based on the circumstances.
Measuring the value of a truck accident claim requires the complete evaluation of a plaintiff’s losses. The goal of most personal injury claims is to collect compensation that puts the plaintiff in the same position that they would have been in had the accident never occurred.
Truck accident claims are complex. If you were injured or lost a loved one in an accident with a commercial vehicle, it is always in your best interest to hire a lawyer for assistance with your case.
An experienced truck accident lawyer can take on all aspects of building your case, including:
Building a truck accident claim takes time and resources. Negotiating a settlement in these cases is also challenging due to the extent of injuries and damages, as well as the many different parties that may be at fault. If a fair settlement cannot be reached, our Florida truck accident attorneys can take your case to court in order to pursue the full damages you deserve.
Bottom line: It is in your best interest to contact a truck accident lawyer from Kogan & DiSalvo as soon as possible.
One of the central parts of most truck wreck claims is the medical costs associated with the physical injuries that a claimant sustains. Truck accidents can lead to a variety of injuries that may require a single trip to an emergency room or surgery and a lengthy period of rehabilitation. The most severe crashes may inflict injuries from which a plaintiff will never fully recover or even lead to a wrongful death. Therefore, a claim for compensation should demand payments for all past, current, and future medical treatment.
Accidents involving trucks and big-rigs also may have a profound emotional impact on an injured individual. These losses can lead to a significant decrease in their quality of life as well as traumas, such as PTSD, that can affect them for years.
Unlike physical injuries, it can be difficult to place a dollar value on emotional traumas. However, a comprehensive demand package should include the value of these losses to demand appropriate compensation.
Additionally, many truck collisions cause a plaintiff to lose a significant amount of money. This typically takes the form of lost wages due to an injury forcing an individual to miss time from work. Defendants who are liable in commercial vehicle accident cases are responsible for reimbursing injured motorists for all past lost wages as well as payments for reduced earning capacity due to lasting disabilities. An attorney in Florida could examine how a truck accident has affected a plaintiff and demand appropriate compensation from all at-fault defendants. Experienced truck accident lawyers can get you the compensation you deserve.
A crucial part of any claim for damages is identifying every defendant who may be liable. In general, the primary defendant in these cases is the truck driver. Every driver in Florida assumes a duty to drive safely and to obey all traffic laws while behind the wheel. A driver who fails to uphold this duty may be liable for any resulting injuries and damages.
Another important party to many semi-truck accident cases is the trucker’s insurance company. These companies take on the burden of providing compensation in case of losses that result from their insured’s poor driving. In some situations, a driver’s insurance company may try to reduce their insured’s liability to avoid paying all of the injured party’s damages.
Another potential defendant is the trucker’s employer. Plaintiffs must quickly determine whether a trucker is an employee of a company or an independent contractor. An independent contractor assumes all potential liability for their negligence. However, respondent superior states that an employer is liable for the actions of their employees while they are acting within the scope of their occupational duties. As a result, if the driver is an employee of a trucking company, this employer also may be liable for a plaintiff’s losses. Our attorneys at Kogan & DiSalvo could identify all potential defendants to a truck accident case in Florida.
Trucking accidents occur for a variety of different reasons. They can also happen due to the negligence of several different parties.
In order to determine the cause of the crash, our truck accident lawyers will investigate the following:
Truck drivers are held to higher safety standards than the drivers of non-commercial vehicles. The Federal Motor Carrier Safety Administration (FMCSA) has implemented myriad regulations governing the conduct of truck drivers.
Unfortunately, truck drivers sometimes disregard these rules. In other cases they commit simple errors that can have devastating consequences.
Examples of truck driver negligence include:
Ultimately, the driver of the truck is responsible for his or her conduct behind the wheel. However, errors like the above can also be the result of poor or insufficient training, failed supervision, and other forms of negligence on the part of the driver’s employer.
Trucking companies are legally responsible for the actions of their employees when they are on the road. Therefore, the company may be liable in your claim simply because one of its drivers caused an accident in the course of his or her job duties.
Investigation of the trucking company may also reveal negligence such as:
Trucking companies are required to carry certain levels of minimum insurance coverage. If the company violates these regulations and does not have sufficient coverage for your truck accident injuries, it is crucial to work with an experienced lawyer who can explore all of your options for recovery.
Overloaded and improperly loaded trucks are more likely to crash. Our lawyers investigate the shipping company to determine how errors in the loading and securement of cargo may have contributed to the accident.
Multiple parties may be at fault in accident claims involving overloaded or imbalanced semi trucks. The shipping company is responsible for loading and securing the cargo in or on the trailer, but the truck driver is responsible for inspecting the load at various points during the haul.
Our truck accident lawyers will investigate trucking company and shipping company records to determine how the cargo was loaded and whether or not it was inspected. You may be entitled to compensation from multiple negligent parties.
Semi-trucks are massive vehicles that run on multiple parts and systems. If one or more of these components fail, the driver may lose control of the truck and cause an accident.
Product liability issues that may arise in a truck accident claim include:
An experienced product liability lawyer can pursue compensation from the makers and sellers of the defective vehicle or part. Multiple parties may be liable in defective product claims, including the manufacturer, assembler, wholesaler, retailer, and others.
Due to the difference in size between a tractor-trailer and virtually any other motor vehicle on the road, serious injuries are common in truck accidents. The losses you suffer as a result of a catastrophic injury may be immense, which is why it is important to work with an experienced trucking accident lawyer.
Our truck accident lawyers pursue full compensation for all of the serious and permanent injuries you suffer in the crash, including:
If your loved one was killed in a truck accident, our lawyers can pursue a wrongful death claim on behalf of your family.
Many accident victims make the mistake of assuming that truck accident claims proceed in the same way as cases involving other types of motor vehicles. In reality, trucking accident litigation is often much more complicated.
Some of the major reasons that your Florida truck accident claim is different from a claim after a car accident (or a case involving a different kind of vehicle) include:
You need an experienced lawyer to handle negotiations on your behalf with the at-fault parties and the insurance companies. If a fair settlement does not come, your attorney must be willing and able to take your case to trial to recover the compensation you deserve.
Once a plaintiff identifies all potential defendants to a truck accident lawsuit, they must prove that a defendant was responsible for the incident that resulted in their injuries. In other words, a claimant must prove that a trucker or another party was at-fault for their accident.
Truckers have the same duty to drive safely as all other motorists. This includes stopping at red lights, following speed limits, and refraining from texting while driving. A truck driver who violates a rule of the road and receives a conviction in traffic court is almost certainly liable for the resulting injuries.
Additionally, special rules apply to the safe operation of commercial vehicles. The Federal Motor Carrier Safety Administration establishes maximum weights of these vehicles for certain road surfaces. There also are laws in place that limit the maximum number of hours that a driver may be behind the wheel in any given day or week. A trucker or employer who violates these regulations may be negligent for a resulting accident.
However, just because a trucker did not violate a rule of the road does not mean that they are not liable. Many semi-truck accident cases require an in-depth analysis of the collision to determine the location of the vehicles and their speeds at the point of impact. By demonstrating that a defendant exercised poor judgment while behind the wheel, plaintiffs may be able to prove negligence in their claims. A Florida commercial vehicle accident lawyer at Kogan & DiSalvo may be able to establish fault in a truck wreck case.
The Federal Motor Carrier Safety Administration (FMCSA) works to decrease the number of crashes, injuries, and fatalities involving trucks and busses. Florida has also created the Highway Patrol Office of Commercial Vehicle Enforcement (OCVE) to enforce other laws to promote safety for all drivers on the road.
Commercial vehicles cannot be longer than 75-feet, taller than 13 feet, 6 inches, wider than 102 inches, heavier than 80,000 pounds and overhangs must be a maximum of 3 feet.
These types of vehicles can only be driven for 11 hours if carrying cargo, and 10 hours if carrying passengers according to the FMCSA. However, in Florida, truckers are permitted to drive up to 12 hours a day with cargo.
Additionally, commercial vehicle drivers can only be on duty in a 6-to-8-time span and they are required to have a 34-hour break before starting another shift. Drivers are not allowed to operate a cellphone while driving, and must consent to drug and alcohol tests at any time.
Additionally, truck drivers are required to create safe following distances. As defined by Florida law, trucks must leave at least 300 feet between them and the vehicle ahead. Exceptions are made for trucks that are passing.
After a truck accident, your first priority is to get medical attention. Call 911, then wait for emergency workers to arrive. If you can wait safely in your car, it is best to stay put and try not to move.
Paramedics will evaluate your injuries, and they may recommend taking you to the hospital immediately. For the sake of your health and well-being, it is in your best interest to follow their directions and get the care you need.
Most truck accident victims require emergency transport and immediate treatment. However, if your injuries are not life-threatening, there are steps you can take at the accident scene to begin building your truck accident claim:
Once you have received medical attention for your injuries, you should consider contacting a truck accident lawyer. The trucking company and its insurer will begin investigating the crash immediately, which puts you at a significant disadvantage. You may even receive an offer to settle your case before you have time to speak to an attorney.
Whether you have been offered a settlement or you have yet to file a claim, speak to a lawyer first. You may be entitled to significantly more compensation than the insurance company is offering, but you are unlikely to obtain a fair result without knowledgeable legal counsel.
Liability assigned to an injured claimant can significantly impact the value of their case. In many situations, defendants try to reduce their liability by working to convince the court that at least some of the responsibility for the accident in question lies with the plaintiff.
Although the defendant may still owe the plaintiff compensation, proving partial responsibility on their part typically reduces the compensation a plaintiff may recover in proportion to their degree of fault, up to 50%. If the plaintiff is found to be 51% or more at fault, however, they are barred from recovery entirely. According to Florida Statutes §768.81, civil courts must use modified comparative negligence when evaluating civil claims for damages.
Commercial trucking is big business in Florida. Due to the number of semi trucks that travel our roads every year, it is important for motorists throughout the state to stay alert when driving near 18-wheelers.
In the event of a truck accident, it is important to work with lawyers who know the local area. The attorneys at Kogan & DiSalvo serve clients in truck accident claims in Florida communities such as:
We also serve clients in truck accidents claims in counties throughout Florida.
If your injuries from the truck accident make mobility difficult, attorneys at Kogan & DiSalvo will come to you instead. We will travel to your home, the medical facility where you are receiving treatment, or any other location that is convenient for you and your family.
Truck accident claims are complex. If you were injured or lost a loved one in an accident with a commercial vehicle, it is always in your best interest to hire a lawyer for assistance with your case.
An experienced truck accident lawyer can take on all aspects of building your case, including:
Building a truck accident claim takes time and resources. Negotiating a settlement in these cases is also challenging due to the extent of injuries and damages, as well as the many different parties that may be at fault. If a fair settlement cannot be reached, our attorneys can take your case to court in order to pursue the full damages you deserve.
Bottom line: It is in your best interest to contact a truck accident lawyer as soon as possible.
The majority of commercial vehicle accident cases in Florida are settled between the lawyers representing the plaintiff and defendant. The decision of whether to settle or proceed to trial ultimately rests with the plaintiff. However, it may be less stressful and possibly more productive to settle the case prior to trial.
Plaintiffs can discuss fair settlement amounts and benefits or disadvantages of a settlement with a truck accident lawyer in Florida before making a decision. Generally, though, it is good practice for a plaintiff to do so before speaking to the truck driver’s insurance company or lawyers. If they do not, the injured claimant may leave money on the table that could have been part of their compensation.
A commercial vehicle accident can result in painful injuries that may leave you unable to work and with costly medical bills. To increase your chances of a successful case result that brings you the compensation you need, contact the knowledgeable Florida truck accident lawyers at Kogan & DiSalvo as soon as possible for your free initial consultation.
Ideally, a case will end with a fair settlement that covers all of your losses. However, if a trial is necessary to bring you the damages that you deserve, our dedicated Florida truck accident attorney could take the necessary steps to present a case to the jury while protecting your right to fair compensation. To get started on your semi-truck wreck claim for damages, call us at (561) 375-9500 today.
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