Trucks play a vital part in society today by allowing for large transports from companies to move through a state seamlessly. Although they do their jobs quite well as a means of transporting items, they are also extremely dangerous. There sheer large size and the hours in which truckers have to work contribute to some of these issues. Despite rules and knowledge of the challenges of driving trucks, trucking accident numbers have only climbed in the state of Florida.
While people may regard a trucking accident just like any other, that is not the case. Every trucking accident is different and complex. That is why it is important to find a truck accident lawyer who can explain to you exactly what your options are and how to handle your case. Regardless our truck accident attorneys want you to know everything that you can do after a trucking accident.
What causes trucking accidents?
While we all would like to know the exact cause as to why these types of accidents occur. There isn't a directly correlating factor as to what causes them but you can get an idea as to when it may occur. Here are some common instances in which truck accidents occur.
Distracted driving: Driving distractions plague the lives of truckers who spend extensive hours on the road. To meet deadlines, many resort to eating, drinking, and multitasking behind the wheel, diverting attention from the road and endangering others. Whether it's chatting on a cellphone, texting, scrolling through social media, or watching videos, these distractions persist despite federal regulations prohibiting such activities.
Truck maintenance: Neglect of truck maintenance exacerbates risks on U.S. highways. Despite legal mandates for thorough vehicle inspections, numerous trucks traverse roads with bald tires, faulty electrical systems, and subpar brakes, inviting sudden breakdowns and accidents.
Impaired driving The issue of impaired driving further compounds dangers. Stimulants are often used by truckers to combat fatigue, while prescription painkillers and other medications are relied upon to sustain work. Some even resort to alcohol consumption while driving, escalating hazards for everyone on the road.
Truck Size Overloaded trailers exacerbate safety concerns. Some companies knowingly exceed cargo limits to minimize trips, compromising vehicle balance and maneuverability, thereby jeopardizing the ability to navigate or stop promptly.
Driver Fatigue Fatigue poses a pervasive threat, impairing drivers' reflexes and response times after prolonged hours on the road. Despite regulations mandating rest breaks, many truckers bypass these requirements to meet delivery deadlines, spurred by financial incentives at the expense of safety for themselves and others.
Reckless Driving In the pursuit of expeditious deliveries, some truckers resort to reckless driving tactics. Adhering to rest requirements may lead to time pressure, prompting behaviors such as running red lights, speeding, tailgating, and erratic lane changes, fueled by frustration and stress, endangering fellow motorists.
This is only a list of a few causes of trucking accidents but the best way to prevent these is to be aware and pay extra attention when a truck is nearby. Take the extra few seconds to ensure you are not in the truck's blind spot and that you safely maneuver your way around them or past them.
What makes trucking accidents complex?
As stated previously, many think that the process for a trucking accident is the same as a car accident but that is not the case. The complexities involved in truck accident cases go far beyond that of a general car accident. That is why we are going to break down some of those instances for you.
Multiple Parties Involved: When it comes to accidents, the complexity ramps up with trucks involved. Unlike car accidents that typically involve just two drivers, truck accidents can ensnare multiple parties. From the truck driver to the trucking company, cargo owner, and even the truck or parts manufacturer, pinpointing liability becomes a labyrinthine task, complicating settlement negotiations.
The Injuries Involved: The aftermath of truck accidents often brings severe injuries or even fatalities due to the sheer size and weight of these vehicles. Such outcomes escalate medical expenses and lead to substantial wage losses for the victims, amplifying the stakes.
The Regulations on these cases: Adding to the complexity, truck accident cases operate within a heavily regulated sphere governed by the Federal Motor Carrier Safety Administration (FMCSA). These regulations set a stringent framework for truck drivers and companies, with violations potentially amplifying liability in accidents.
The Investigation Process is hard: Investigating truck accidents proves more arduous than their car counterparts due to the intricate nature of the vehicles involved and the potential web of liable parties. Compounding matters, trucking companies often deploy formidable legal teams well-versed in defending against accident claims. Consequently, navigating truck accident claims becomes a protracted and intricate endeavor, demanding the expertise of a seasoned Florida truck accident lawyer.
What steps should a truck accident victim take after?
In the event of a truck accident in Florida, securing your rights and interests necessitates swift and prudent actions:
Safety First: If there are injuries, immediately dial 911. If feasible, move your vehicle to a secure location to prevent further danger.
Scene Documentation: Exchange contact and insurance particulars with all parties involved. Capture comprehensive photographs of vehicle damages, injuries, and the overall accident scene. Additionally, obtain contact information from any witnesses present.
Official Report: It's imperative to notify the police and ensure the accident is officially documented. Even seemingly minor incidents can hold legal ramifications down the road.
Notify Insurance: Reach out to your insurance provider without delay to report the accident and kick-start the claims process. Early engagement is crucial for a smoother resolution.
What are claimable damages for a truck accident victim?
There are two different types of damages from accidents that can be compensable. It is important to talk over your case with an attorney so they can go through what types of damages occurred and work to get you the compensation you deserve.
Economic Damages:
Medical Expenses: This includes all costs directly related to medical treatment stemming from the accident, such as hospital bills, surgeries, medications, rehabilitation therapies, doctor visits, and assistive medical devices. These expenses are quantifiable and often form a significant portion of the compensation sought.
Lost Wages: When injuries from the accident result in missed workdays or reduced earning capacity, victims are entitled to compensation for the wages they would have earned had the accident not occurred. This encompasses not only current lost wages but also potential future earnings impacted by the injury.
Rehabilitation Costs: In cases where the victim requires ongoing therapy or rehabilitation to recover from injuries sustained in the accident, the costs associated with such services, including physical therapy, occupational therapy, and psychological counseling, are considered economic damages.
Property Damage: Economic damages also extend to the repair or replacement of damaged property, such as vehicles or personal belongings, as a result of the accident. This includes repair costs, rental car expenses, or the fair market value of the property if it is deemed a total loss.
Non-Economic Damages:
Emotional Distress: Carrying the emotional burden of an accident can have a profound impact on a victim's mental well-being. Emotional distress compensation may encompass fear, anxiety, depression, post-traumatic stress disorder (PTSD), and other psychological effects stemming from the accident.
Pain and Suffering: This category accounts for the physical pain and discomfort experienced by the victim as a result of the accident and subsequent injuries. It considers the severity and duration of the pain, as well as any limitations or impairments caused by the injuries.
Loss of Companionship: In cases where the accident results in the loss of a loved one or affects relationships, family members may seek compensation for the loss of companionship, guidance, and support.
Loss of Enjoyment of Life: When injuries sustained in the accident diminish the victim's ability to participate in activities they once enjoyed or negatively impact their quality of life, compensation may be sought for the loss of enjoyment of life.
Both economic and non-economic damages play a crucial role in assessing the full extent of harm caused by an accident and ensuring that victims receive just compensation for their losses, both tangible and intangible.
How can a truck accident attorney help me with my case?
Navigating a commercial truck accident in Florida can feel like an uphill battle. However, with Demesmin and Dover Law Firm by your side, you're not facing it alone. We understand the complexities and challenges you're up against, and we're here to provide unwavering support and legal guidance every step of the way.
With decades of combined experience, our team is prepared to vigorously defend your rights and tirelessly pursue the compensation you deserve. Rest assured that you have dedicated allies in us as we strive to alleviate your burdens and achieve justice on your behalf.
Don't hesitate to contact us today at (866) 954-6673 or fill out our online form to schedule a FREE consultation with a compassionate and skilled Florida commercial truck accident attorney.