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 company.

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.

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 accident.

Trucks are classified according to their weight and the categories include:

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. 

The truck 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.

The trucking 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 case.

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 compensation.
• 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 at the time.
• 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 losses.
• Don't Sign Anything With Out Consulting A Florida Trucking Accident Injury Attorney!

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 Accident lawsuit.

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 rights!

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