Getting hit by a truck is most people’s worst nightmare, but for some, it becomes a reality. In an instant, every aspect of your life changes. You may suffer catastrophic injuries and find yourself no longer able to work or care for your family.
A Vero Beach truck accident lawyer at Kogan & DiSalvo is on your side during this difficult time and will fight so that you receive the compensation you deserve for your injuries.
Why Truck Accidents are Usually More Serious Than Car Accidents
Fatalities and injuries occur more often when a huge truck collides with a smaller vehicle. Tractor trailers may weigh as much as 80,000 pounds. The average passenger car weighs 4,156 pounds. In a worst-case scenario, that is a more than 75,000-pound difference.
Determining Liability
When it comes to truck accidents, there are frequently several layers of liability. A Vero Beach truck accident lawyer identifies the factors leading up to the crash, and then determines which parties may prove liable. These entities may include the:
Trucking companies would have drivers on the road 24/7 if they could get away with it. They want their drivers to reach their destinations more quickly and make more deliveries. However, for safety purposes, the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) strictly regulates the amount of time truckers may stay on the road without a break.
A truck accident lawyer in Vero Beach obtains and reviews the logs to see if the truck driver exceeded service hour regulations. These service hour regulations were put into place to reduce driver fatigue, a major factor behind truck accidents. When it comes to proving liability, these records are crucial pieces of evidence.
Truckers operating a vehicle weighing more than 10,001 pounds may drive a maximum of 11 hours after 10 consecutive hours off-duty. Drivers must take a 30-minute break after driving eight cumulative hours without a 30-minute interruption.
Truck drivers are limited to between 60 and 70 hours on duty in seven to eight consecutive days. There is a mandatory 34 consecutive hour rest period before a new driving period begins.
Truckers must keep a DOT log book detailing the time spent driving, time off, and time spent in their sleeper berths. In addition, an electronic logging device synchronizes with the engine and records the miles driven, how long the truck was in motion, and the trucker’s on-and-off-duty time.
Types of Truck Accidents
What all types of truck accidents have in common is that they are usually devastating for those involved. Types of truck accidents include:
Head-on collisions–These are among the worst of any type of motor vehicle accident. When the head-on collision involves a truck and a car, severe injuries or fatalities are likely.
Rear-end collisions –Trucks take much longer to stop than smaller vehicles. If the truck driver did not allow for sufficient stopping distance, a rear-end accident may happen.
Side impact collisions –These accidents are often caused by violating the right-of-way at intersections.
Override–In this horrific situation, the truck strikes a car from the rear and runs over it. The result is a crushed automobile or the shearing off of the top of the vehicle.
Underride–This occurs when a car slides beneath a truck. While not as common as override accidents, underrides prove equally devastating to occupants of the smaller vehicle. While the car driver is generally at fault for an underride, truck drivers may cause this accident if they stop the truck suddenly or run a red light.
Jackknife–When the towed trailer pushes the cab to one side, resulting in the trailer swinging to one side, the 90-degree angle between the cab and trailer resembles a jackknife. Any cars in the vicinity of the out-of-control trailer are in danger of getting hit or of not being able to stop in time to avoid a collision.
Rollover–The truck may overturn if speeding, loaded improperly, or making a turn or lane change too quickly. The rollover may strike nearby vehicles. Explosions are another rollover risk.
Runaway–Brake failures on trucks are not uncommon. Failure to conduct regular brake maintenance may result in a runaway, a situation where the brakes have failed and the driver cannot stop the truck.
Aggressive driving –When it comes to truck drivers, aggressive driving usually involves weaving in and out of lanes, violating the right-of-way, and improper passing.
Distracted driving –Besides texting and cellphone use, distracted driving consists of anything that takes the truck driver’s attention off the road. Eating and drinking, personal grooming, using entertainment devices, or using a navigation system all fall into the category of distractions.
Driver inexperience–A nationwide shortage of truck drivers means many trucking companies are hiring drivers with little or no experience. The companies may not properly train these green recruits.
Driving under the influence–This includes drunken driving or driving under the influence of illegal narcotics or certain prescription drugs.
Equipment failure –Blowouts, brake failures, defective tie-downs on cargo, and steering issues are examples of common equipment failures in truck accidents.
Fatigue–Driver fatigue is historically such a problem with truck accidents that the Department of Transportation instituted special regulations to deal with the issue.
Overloaded or improperly secured cargo– Not all truck accidents involve a direct collision. Improperly secured cargo can cause a truck to jackknife, or the load simply spills out onto the highway. Such an event can result in dozens of vehicles being hit by materials on the road or crashing into other vehicles when trying to avoid the fallout.
Speeding –Excessive speed plays a role in many truck accidents.
Unsafe lane changes – Trucks making unsafe lane changes are a major cause of highway accidents. It is bad enough when an ordinary car makes an unsafe lane change. When a truck weighing 10,000 pounds and up does it, the result is often catastrophic.
The No Zone–As per the Federal Motor Carrier Safety Administration (FMCSA), the No Zone for commercial truck drivers consists of large blind spots “around the front, back, and sides of the vehicle.” Truck drivers usually cannot see smaller vehicles located in these areas. Trucks have rear-view, usually convex mirrors allowing the driver to see nearby vehicles. It is the trucker’s responsibility to make sure these mirrors are aligned properly, so they have an accurate view of traffic.
Inclement weather –Bad weather contributes to or causes many accidents. In South Florida, this generally entails heavy rain and windy conditions.
Common Truck Accident Injuries
Truck accident injuries are usually very serious. Common truck accident injuries include:
Truck accident compensation, or damages, may include:
Medical expenses, current and future
Lost wages
Future lost income
Renovations to your home or vehicle to accommodate a truck accident-related disability
Property damage
Pain and suffering
Mental anguish
Unfortunately, many truck accident victims succumb to their injuries. Family members may file a wrongful death lawsuit against the liable parties. Under Florida law, the personal representative of the victim’s estate must file a wrongful death lawsuit on behalf of the surviving family members.
Statute of Limitations
In Florida, the statute of limitations for filing a personal injury lawsuit is generally two years from the date of the accident. However, you should not wait to obtain legal counsel after a truck accident. Your attorney must collect evidence as soon as possible. That is especially important after a truck accident, as many trucking companies have law firms on retainer that send investigators to the scene immediately.
Contact a Vero Beach Truck Accident Attorney
If you or someone you know was seriously injured in a truck accident, you need the services of an experienced Vero Beach Personal Injury Lawyer at Kogan & DiSalvo. Schedule a free, no-obligation consultation today. There is no fee unless you receive compensation.
(561) 375-9500
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