Experts In This Article
- Michael T. Gibson, Esq., Lead Attorney & President at Michael T. Gibson, P.A., Auto Justice Attorney, Catastrophic Injuries Expert and Licensed for 17 years
- Todd Curtin Esq., Partner & Lead Trial Attorney at Michael T. Gibson, P.A., Auto Justice Attorney and Licensed for 8 years
- Amit Jhalli, Esq. Attorney at Michael T. Gibson, P.A., Auto Justice Attorney, Personal Injury Pre-suit Investigation & Brain Injury Expert and Licensed for 9 years
Hire a Truck Accident Attorney Right Away
After experiencing an injury, you may face unexpected life challenges as a result. Even minor injuries can disrupt your everyday patterns, even temporarily. That often causes frustration and confusion in victims, not to mention concern about the uncertainty ahead.
It is an incredibly difficult situation to be involved in any car accident. Being involved in a truck accident can be even worse. Commercial trucks, big rigs, eighteen-wheelers; while they go by many names, they are all large vehicles that can cause immense damage to both your vehicle and your body if they played a role in your crash.
More than 4,000 persons die each year in truck crashes. Two-thirds of those fatalities occur in vehicles other than the truck. This shows the enormous force put on the body when your car is involved in an accident with a large truck.
If you or a loved one has suffered injuries in a truck accident, you should consider speaking with a skilled truck accident attorney who can help you get the compensation you deserve. Your ability to hold the negligent party liable for your injuries and your medical bills could depend on the legal representation you choose.
Causes of Truck Accidents
The causes of truck accidents vary just like regular car accidents. But, because of the sheer size and weight of commercial trucks, the relative risk of serious injury increases.
The most common cause of truck accidents is brake failure or associated brake issues. Other common causes include:
- Traffic congestion
- Prescription drug use
- Driving too fast for the road conditions
- Inexperienced driver
- Fatigue
- Driving under the influence of alcohol
- Improper training
- Improper maintenance
No matter what caused your truck accident, filing a truck accident claim against the liable party or parties offers the best chance to get the compensation you need to get better. Your truck accident lawyer could help you determine who is to blame for your accident and work to hold them accountable for your suffering—both physical and financial.
Allocation of Fault
Car accident fault is usually straightforward. One of the drivers was distracted or otherwise reckless in some way and caused an accident. Truck accidents, however, usually involve more complexity. In fact, depending on the circumstances, you might hold several parties liable in a typical truck accident case.
Truck Driver
This is the most obvious party who might be at fault for your accident. The driver could have been distracted, under the influence of drugs or alcohol, or tired. The federal government regulates the number of hours truck drivers can spend behind the wheel before they are required to take a break.
But too many drivers disobey this rule. Because they have tight delivery schedules to meet, a truck driver may drive longer and further than allowed. Drowsy driving is surprisingly similar to driving under the influence of alcohol and can severely impair a driver’s reaction time.
Truck Company
This part can get confusing. Many truck drivers are independent contractors and work for themselves. Many of them own their truck. So the truck company may also be the driver. But some drivers do work for big trucking companies. Companies must provide drivers with adequate training and resources to continue to do their job and keep them, and other drivers on the road, safe.
Truck companies must also conduct thorough background checks on every driver they hire. If you were injured in a truck accident where the truck company failed to complete some of these important steps, you may hold the truck company liable for your injuries.
Maintenance Company
We already know that brake issues are the number one cause of truck accidents. Many times, faulty brakes are not correctly fixed or new brakes are incorrectly installed. Either way, it can lead to tragic consequences.
Generally, this directly results from the failure of the maintenance company or technician to properly do their job. That goes for any component—not just brakes. If there was a mechanical failure that caused your truck accident, the maintenance company could also be responsible for your injuries.
This is why you need to work with an experienced truck accident lawyer. Your attorney would have relationships with trusted truck accident experts who can help determine which party is to blame for your accident. There could be more than one party to blame for your accident.
A truck accident expert could help determine what caused your accident and help your lawyer build a strong case to hold them accountable. All of this leads to getting you every dollar you deserve so you do not have to pay out of pocket for your medical expenses.
Recovering From Your Injuries
After a truck accident, you may have injuries that leave you suffering more than you could ever have imagined. Your ability to recover compensation from these injuries would depend on the success of your truck accident claim.
Filing a truck accident claim is how you recover from your injuries. By choosing to pursue a claim through an attorney, you can focus on your physical wellbeing while they focus on getting you the compensation you deserve. When you work with an experienced truck accident injury attorney, you could let go of the legal stress and worry. A truck accident attorney has your best interests at heart and could work hard to get you every dollar you deserve.
The most important part about this is that it allows you the chance to focus all of your effort and energy on your physical recovery. When you let go of the stress, you can work to get back on your feet faster.
Collecting Damages
When your lawyer files your truck accident claim, the goal is to hold the negligent party or parties liable for your accident and collect compensation that helps you pay your bills.
Your lawyer may try to get you compensation for:
- Pain and suffering
- Emotional distress
- Lost wages
- Lost earning potential
- Loss of companionship
- Loss of life enjoyment
- Present and future medical bills
- Rehabilitation costs
When you know that your financial needs are met, it becomes easier for you to focus on your wellbeing. But, collecting damages is not as simple as saying that the truck driver caused your accident. First, the insurance company could put up a fight. Second, the legal process of proving someone else was at-fault can be complex, especially in a truck accident where numerous parties could be accountable for your accident.
That is why you should work with a trusted truck accident injury lawyer who can help you collect the compensation you need to get better. If you did not cause the accident, you should not bear the responsibility of paying the medical bills that stack up. That should be the responsibility of the party or parties that are at-fault. Your truck accident lawyer could help show that they are to blame.
Settlement Negotiations
Negotiating a settlement is an important part of a typical truck accident claim. But, this is not a task that you should have to tackle alone. A seasoned truck accident injury lawyer would have experience in dealing with insurance companies and getting a fair and reasonable settlement for truck accident victims like you.
The insurance company will not have your best interests in mind as it looks out for its bottom line. They may be trying to make you go away for as little money as possible. This is true of most quick settlement offers, since the insurance companies understand that victims have stacking expenses. They may be hoping that you take the money without thinking about all of the current and future expenses you will need to cover as a result of your injuries.
Think about everything you might face:
- Extended hospital stays
- Multiple surgeries
- Multiple doctor visits
- Time off of work
- Prescription drug costs
- In facility rehabilitation
- In-home care
All of these items can come with enormous costs and extreme financial burdens. The medical bills you have sitting on your coffee table may represent only a fraction of the money you may need to get the care you deserve.
Your truck accident lawyer could help you understand the full value of your claim by creating an estimate of your future needs. Taking into account your medical prognosis along with your lost wages and other financial burdens, your lawyer could help you create a target number. This number is a great starting point for negotiations with the insurance company.
But, if you do not have a lawyer at your side when the insurance company calls, you may not realize the extent of the financial hardship you might face. Many victims severely underestimate the total amount of money they will need to get back to normal. When you sign the settlement offer, you waive your right to bring any future claims against the insurance company for this accident. Months or years later, when you realize the settlement funds have dried up but you still have expenses related to the truck accident, it will be too late. You may end up having to pay out of pocket for your medical expenses.
Working with a knowledgeable truck accident attorney who has your best interests at heart could help you get back on your feet. Consider contacting a truck accident injury attorney as soon as possible.
File Your Claim Soon
Florida only gives you four years from the date of your accident to file your truck accident claim. You might think four years is quite a long time and that you can get around to filing your truck accident claim after you recover. However, depending on the severity of your injuries, your recovery might take longer than you initially estimate and four years can fly by.
When you are out of work, your family may feel extra pressure to cover the financial loss associated with your lost income. Both you and your family deserve better. You deserve legal representation that will work hard to help you prove another party was at fault for your truck accident and hold them accountable for your medical bills and lost income.
When you work with a trusted legal advisor, important deadlines can be considered and used to your benefit. If you miss this deadline, it might mean that you cannot bring a claim against the negligent party for the accident. Engage with a truck accident attorney as soon as possible after your truck accident to get information about your legal rights, and to get started with any available legal claim.
Protecting Your Rights
The lawyer you choose to represent your best interests in your truck accident claim can make a difference in your ability to recover compensation from the at-fault party. Your lawyer may investigate your accident with the help of truck accident experts, review police and medical records, speak with witnesses, negotiate with insurance companies, and protect your rights at trial.
While most truck accident claims settle out of court, sometimes insurance companies refuse to settle for a fair amount. If this is the case, your lawyer could take your case to trial to get you the compensation you deserve. However, not all attorneys may be the right fit for your needs.
That is why you need to choose your legal representation carefully, and make sure you use the services of a firm with truck accident trial experience. Trial preparation takes time, and a truck accident attorney begins that preparation long before trial would even be considered. The right attorney would be prepared for every outcome, including trial, even if it is unlikely.
While it is normal to want to put this tragic time behind you as quickly as possible, you also deserve to pursue the compensation you need to get back to your life. That is why it is a good idea to work with an attorney who can work hard from day one to help you maximize your compensation. But, act fast; the longer you delay contacting legal representation, the longer it would be to settle your truck accident claim.
If you or a loved one has suffered injuries in a truck accident, speak with a trusted truck accident attorney today. An attorney could help you collect every dollar you deserve, and get you back to your regular life.