What You Need to Know About Trucking Accidents In Florida
Trucking accidents, unfortunately are a part of our
lives on the roads in the State of Florida. It is likely going to remain the case as long as the trucking
industry is a vital part of Florida's economy. The trucking industry has evolved over time to meet the changing
demands of their market and to safely operate their trucks along side the smaller passenger vehicles on
the road, but these efforts have not completely eliminated catastrophic trucking accidents.
Due to the size and weight of trucks, especially when they are carrying a full load, these accidents can
absolutely destroy a smaller passenger vehicle. In many cases trucking accidents result in serious and lifelong
debilitating injuries, disfigurement or even death.
Driving a truck takes more skill and awareness then operating a
passenger car. Unfortunately, many truck drivers do not realize how important it is to stay alert, get
adequate rest, and take proper precautions while driving their big rig. They become complacent and fail to
realize that a slight error or oversight on their part puts everyone around them in danger. A trucking accident can
happen in the blink of an eye!
A truck driver may be at fault in a trucking accident for numerous reasons. Driving while under
the influence of drugs or alcohol, failing to yield, improper braking, reckless driving, carelessness as a
result of time constraints, fatigue, miscalculation of load weight, speeding, mechanical errors, or simply not
paying attention. Any of these actions or inactions on the part of the truck driver can result in a devastating
trucking accident with fatal consequences.
Sometimes it is not the truck driver's fault that an accident
happened. Sometimes trucking accidents are caused by the trucking company the truck driver works for because of improper training, loading of the
truck that results in the load shifting while being transported or other aspects of trucking operations, such as
unrealistic deadlines or time constraints forced upon the driver that are controlled by the trucking
Other times there are defects with the truck that result in
trucking accidents. There are manufacturer's defects, defective truck parts, such as the tires, all of which can
result in a deadly trucking accident.
No matter what the cause of the accident, you need to have a
Florida Trucking Accident Injury Attorney on your side, fighting for your rights.
An experienced Trucking Accident Attorney can make all the difference in the world in successfully recovering
compensation for victims of trucking accidents. Make sure you Know What To Do if you or a loved one has been involved in a trucking accident in
Florida Trucking Accident Issues Overview
The following is a brief overview of the issues involved in
trucking accidents, including some national statistics regarding trucking accidents, who could be liable in a
trucking accident and how you should proceed if you or someone you love has been injured or killed in a trucking
Trucks are classified according to their weight and the categories
Mini Trucks - includes Japanese mini tucks
and micro vans
Light Trucks - includes minivan, SUVs,
pickup trucks, tow trucks and panel vans
Medium Trucks - includes box trucks, platform
trucks, flatbed trucks, fire trucks, and motor homes
Heavy Trucks - includes dump trucks, garbage
trucks, refrigerator trucks, tankers, crane trucks, tractor trailers, and cement trucks
The weight of the truck, as well as the speed of the truck will
affect the severity of a given trucking accident. The analysis of factors such as this why you need to have an
experienced trucking accident attorney on your side.
Trucking Accident Statistics
The following statistics were recorded by the Federal Motor
Carrier Safety Administration for 2008 in the United States:
Trucks involved in non-fatal crashes: 123,918
Trucks involved in injury crashes: 49,084
Injuries in crashes involving large trucks: 73,047
Trucks involved in tow-away crashes: 74,834
Trucks involved in Haz-Mat crashes: 2,609
Every year approximately 5,000 fatalities happen
nationwide as a result of trucking accidents. Many families have their lives changed forever because of the
injuries loved ones suffer in trucking accidents. That is why it is extremely
important to have a Florida Trucking Accident Attorney on your side, representing your interests and fighting
for your rights!
Trucking Accident Liability
A question often asked of Florida Trucking Accident Attorneys
deals with the identity of the proper defendant or defendants in a trucking accident lawsuit. If a truck accident
victim decides to pursue a legal claim, who should be held responsible? This is a simple question with a
complicated answer that can largely depend on the facts of the injured victim's specific situation.
The following is a list of potential defendants in a typical
Florida Trucking Accident lawsuit.
driver – The driver of the vehicle seems to be an obvious
defendant, but this is not always the case. In terms of liability for an accident, there are situations where the
truck driver is not at fault. Clearly, if the driver was at fault for the accident, he or she will certainly be
part of any lawsuit that follows. However, there are situations in which the truck driver may not be liable,
including those where there was some a malfunction or defect with the truck that caused the
accident, especially if the defect was unknown to the driver.
company – The trucking company also seems to be an obvious
defendant, but again that is not always the case. Trucking companies generally share liability with the truck
driver and carries insurance on its trucks and trailers. Therefore, if the truck driver was an employee, it’s
likely that the trucking company would share liability in an accident. However, if the truck driver was
an independent contractor, it is quite possible that the trucking company could either avoid liability or
have liability limited to a certain extent. If the trucking company raises this defense to a injured victim's
lawsuit, the injured victim, through their Florida Trucking Accident Lawyer, would have to offer
proof (i.e. evidence) that the truck driver, while ‘technically’ an independent contractor, was actually an
employee based on different aspects of his or her driving routine with the trucking company.
Other drivers – In the majority of trucking accidents, there are more than two vehicles involved.
This typically occurs when a truck goes out of control, its size tends to ensnare other vehicles
along with it. However, it’s possible that during the course of a trucking accident that another
driver makes a mistake that creates liability as to his or her vehicle as well. In situations where this
occurs, not naming this other driver in the lawsuit could result in serious problems when trying to
recover fair compensation for injuries suffered by the trucking accident victim.
The above are only three examples of potential defendants in
a Florida Trucking Accident lawsuit. They represent a typical starting point for the legal analysis that has
to be done in order to properly evaluate your specific trucking accident and enable a Florida Trucking
Accident Attorney to make a recommendation regarding the proper manner in which to move forward with your
What To Do After A Trucking Accident
If you or a loved one has been the victim of a trucking accident
in Florida, it is very important that you:
Report the Truck Accident
- Call 911 to report the accident. Many State laws require that you
report the accident right away. Reporting the accident is also important if someone has been
injured and needs immediate medical attention. Reporting may affect your right to receive
Seek Medical Attention
- Seek immediate emergency medical attention to assess your
physical well being. Follow through with all
prescribed medical treatments for the best chances of recovery.
Notify your Insurance Company
- You should notify either your insurance agent or your
insurance company’s claims office of the accident, and of the possibility of a claim.
Instructions on how to report a claim can be found in your insurance policy. You should also
review your policy to find out how much and what kind of coverage you have.
Pay Attention To Your Symptoms - Be
sure to report memory problems, confusion or disorientation, however minor these may seem
Gather Potential Evidence If
Possible - Obtain the name, address, insurance information, vehicle license number and
driver’s license number of any and all other persons involved in the accident. Also, get the
names, addresses and telephone numbers of all witnesses. If possible, take pictures of
the accident scene.
Contact A Florida Trucking
Accident Attorney - It is extremely important that you retain
an experienced Florida Truck Accident Attorney as quickly as possible. This is because the
trucking companies and their insurance carriers frequently send investigators, adjusters and
experts to the accident scene to gather and even alter evidence to protect the defendants from a
potential lawsuit. You need someone with experience on your side as well. Consult with an experienced Florida Trucking Accident Injury
Attorney to find out if you are entitled to compensation for your injuries and
Don't Sign Anything With Out Consulting A
Florida Trucking Accident Injury
Why You Need To Consult With A Florida Trucking Accident Injury Attorney
The decision regarding whom to name as a defendant in your Florida
Trucking Accident lawsuit is only one of many that must be made. There are also other bumps in the
road that must be overcome in order to successfully prosecuting a Florida Trucking Accident
lawsuit. These include dealing with all of the relevant insurance companies who will contact you and want to
take a recorded statement, gathering and organizing all of the necessary documentation that will be used to
reinforce your claim and of course negotiating with the other parties who may be looking at the possibility of a
settlement. An experienced Florida Trucking Accident Injury Attorney is invaluable to your successful Trucking
If you or a loved one has been in a severe truck accident and you
are in need of experienced legal representation, contact us today to schedule your free and private consultation
with a Florida Trucking Accident Injury Attorney. It is extremely important to have a
Florida Trucking Accident Attorney on your side, representing your interests and fighting for your
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