When you are involved in an accident with a truck, the trucking company will spring into action immediately. They will send lawyers to the scene right away. In some cases, lawyers will even arrive before the police!
These lawyers are there to protect the trucking company’s interests. It is not unusual for evidence to mysteriously disappear when lawyers get to the scene first. This can include evidence such as the driver’s driving logs and the black box that contains essential information. These will usually contain evidence that will help you get the settlement that you deserve.
When filing a lawsuit against a trucking company, it needs to be done very quickly. A trucking company is expected to keep their log books for six months. The truck driver, however, only has to keep theirs for seven days. This means that a delay in filing a suit could lead to incriminating evidence being lost forever.
Such an accident will likely be a very emotional and stressful time for all involved. This means it is necessary to approach a lawyer even when there are other very urgent things that require your focus. Sadly, time is a luxury that is rarely available in these cases and action needs to be taken quickly. If action is not taken quickly enough, then reaching a settlement may become impossible. This will leave you without the compensation you deserve for the accident.
Most motor vehicle accidents are serious, but they can be especially serious when trucks are involved. These enormous hunks of metal can do an incredible amount of damage when they collide with something. This can mean severe damage to vehicles and also serious injuries to the people involved.
If you have been in a truck accident, a Tampa truck accident attorney can help.
Accidents involving trucks can have unique problems when it comes to settlements. Our auto accident attorneys know how to deal with truck accidents to help you get the right settlement. Below are some examples of what needs to be done when dealing with truck accidents.
Let’s assume that the average claim aa lawyer settled for 400% more than for which the claim would have settled without an attorney. In this example, the individual would have received a $6,250 settlement (before the medical bills are paid!) without a lawyer.
With so many dollars at stake, the trucking company and their insurance company start to defend a trucking accident case immediately after an accident.
That means while the victim is in the hospital or otherwise recovering from his or her injuries, the insurance company is already at the scene of the accident gathering evidence in order to defend itself against a future claim or lawsuit.
Perhaps more so than any other type of auto accident case, it is vital that the injured party hire a truck accident attorney as soon as possible after the accident.
Types of trucking law suits include:
NEGLIGENCE:The most common cause or type of lawsuit in trucking accident case is a negligence lawsuit. Simply, the allegation is that the driver had a duty of care to the injured party to drive reasonably on the roadways of Florida and the driver didn’t do that.
NEGLIGENT ENTRUSTMENT :Similarly, our truck accident lawyers bring negligent entrustment claims against the trucking company. These are cases where the driver may have a history of wrongdoing, driving without getting enough sleep, or even driving on a suspended license. Therefore, the trucking company who hired the driver should have known better and should not have entrusted such a dangerous vehicle to the driver.
WRONGFUL DEATH :A special kind of trucking lawsuit and an unfortunate one is wrongful death. Florida has a unique and specific law when it comes to filing lawsuits after somebody has died as the result of someone else’s negligence. We call these wrongful death actions or lawsuits.
PRODUCT LIABILITY :Defective products like a blown-out tire can cause catastrophic injuries. We bring these actions against the product manufacturer as opposed to just bringing the action against the driver of the vehicle or the owner of the trucking company. We call these product liability claims.
Settlements from truck accidents will vary a great deal from case to case, so there is little point in looking at averages. When settlements are decided, the amounts are based upon compensating you for what you have personally lost as a result of the accident. The system doesn’t always work perfectly, but it is the best system that we have available to us.
The losses that you have incurred from an accident will fall into three main categories:
Economic damages are calculated as the financial costs the accident has caused you. This will include items such as the wages that you will lose as the result of being unable to work. Medical bills are also taken into account when deciding on settlements. This part of the settlement is generally not to compensate the victim directly, but to compensate third parties such as insurance companies and medical providers. These will generally be paid directly to the third parties involved.
Finally, in some trucking accident cases, you can collect punitive damages. This is when the other driver’s actions were willful, malicious, or intentional. For example, a truck driver who intentionally drives without the amount of sleep required by federal law.
Any kind of motor vehicle accident is likely to be a physically and emotionally traumatic experience. The potential devastation caused by a truck accident can be very traumatic indeed. Non-economic settlements look to compensate the victim for the pain and suffering they have experienced from the accident. Victims are also compensated for any loss of enjoyment in life. This will include no longer being able to take part in their favorite activities due to injuries and/or emotional trauma.
In many legal compensation cases, settlements are influenced by the amount the guilty party is able to pay. It is a legal requirement, however, for truck drivers to be insured for a minimum of $750,000. This is significant because it helps ensure that victims can be granted settlements that represent a fair value of the losses they have incurred.
Your own liability in the accident will also need to be assessed. Often, both parties can be at fault for an accident to an extent. The degree to which each party is at fault will also influence any settlement. The evidence we and the other party gathers will be used to determine who is at fault and to what extent.
Articulated trucks consist of two main parts: the trailer and the vehicle in front that tows the trailer. In some instances, such as if the towing vehicle skids on the road surface, the trailer can push from behind. This pushing can cause the towing vehicle to spin, leaving it facing backward. This maneuver is known as a jackknife and is a common cause of accidents with trucks.
Trucks are very large and much harder to handle than cars and other smaller vehicles. They can also take a lot longer to stop than other vehicles because they are so heavy. Rear end accidents happen when the truck drives into the back of another vehicle. They can be caused by erratic driving from the drivers in front of the truck. They can also be the truck driver’s fault.
Truck drivers are responsible for the majority of accidents involving trucks in the United States. Although regulations are strict, they are not always followed. Truckers might sometimes violate laws regarding safety, leading to accidents. Examples include aggressive driving, not performing inspections, and breaking road traffic laws. A common cause is fatigue because the driver has not been taking sufficient breaks.
Trucking companies are usually out to make as much money as they can. Sometimes this can encourage them to cut corners and act negligently. This can include failing to maintain the fleet, failing to monitor their drivers, and even hiring drivers who are not sufficiently qualified. Some might even actively encourage unsafe driving among the drivers they employ.
It is important that a truck is correctly loaded for it to be safe. Accidents can occur if cargo is not properly secured. Overloading is another safety hazard, while under-loading liquids can also be dangerous in tanker trailers. Cargoes are sometimes loaded by a third party instead of a trucking company employee, which can also cause errors.
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Now, there are certain situations where it might be worth it for someone to try to resolve his or her case without a lawyer. For example, cases where the medical bills are a couple of thousand dollars or less and the person doesn’t have a permanent injury. In Florida, if someone does not have a permanent injury, he or she cannot ask for compensation for pain and suffering and loss of enjoyment of life. It is these damages that significantly increase the value of a personal injury claim.
Next, we discuss what to look for when hiring a personal injury lawyer.
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