Truck accidents can be devastating and, sadly, when big-rigs and passenger vehicles collide, it's the driver and occupants of the passenger vehicle who tend to bear the brunt of the injuries and damages. After a Central Florida truck accident, you may find yourself severely injured and out of work for weeks or months as a result, while your household and medical expenses mount.
It's a distressing situation and, if it was caused by another person’s or company's negligence, it could be particularly difficult to accept. No one wants to get stuck paying for someone else's mistake. Fortunately, with skilled legal representation, you may not have to.
At Louis Berk Law, our knowledgeable, experienced, and trusted Orlando accident attorney has helped countless truck crash victims protect their rights and recover the compensation they deserved for their injuries and losses. We may be able to do the same for you.
Florida Truck Accident Case Basics
Considering taking legal action to seek compensation for injuries and damages sustained in a Florida truck accident? Here's what you should know:
- Florida is a no-fault insurance state. This means that, after an accident, you'll file a claim with your own insurance company, rather than filing a claim with the at-fault party's insurer.
- Florida allows truck accident victims to sue the at-fault party directly if they suffered a permanent injury, significant permanent scarring or disfigurement, significant permanent loss of a bodily function, or the death of a loved one. Truck accident victims often meet one of these criteria due to the catastrophic nature of these accidents.
- Think you may have contributed to the accident? Florida follows comparative negligence rules, which means you may still be entitled to compensation. However, your settlement or financial award may be reduced to reflect your role.
- Florida gives you four years from the date of the truck accident to file an insurance claim or lawsuit. Waiting too long to take legal action can cause your case to be dismissed without being heard. Don't risk it. Act quickly to preserve valuable evidence and your right to pursue a legal remedy.
Common Causes of Commercial Truck Accidents in Florida
The negligence that leads to truck accidents can take many forms. Some of the most common causes of Orlando truck accidents include:
- Drowsy driving
- Distracted driving
- Drunk or drugged driving
- Improper hiring practices
- Insufficient driver training or supervision
- Inadequate truck inspections and maintenance
- Improperly loaded cargo
How Truck and Car Accident Cases Differ
Though they both involve types of motor vehicles, there are significant differences between truck and car accident cases. For example, compared to car accident cases, truck accident cases tend to have:
- More serious injuries and damages. Injuries in truck accident cases can be catastrophic, resulting in a long absence from work or even permanent disability. The greater the injuries, the greater the financial losses.
- Increased potential for a sizable settlement or financial award. The greater the losses, the larger the possible recovery. However, with the potential for a substantial recovery comes more resistance from the insurer or at-fault party. They will fight hard to avoid paying it.
- More potentially liable parties. In car accident cases, the defendant is often the other driver. In truck accident cases, there are a number of parties who could be liable, including the truck driver, trucking company, truck owner, truck or parts manufacturer, truck maintenance providers, cargo loaders, and others.
- More evidence. Evidence like the truck driver's logs, phone records, and personnel files can help you build a strong case for damages. Unfortunately, the trucking company has this evidence, and you'll need an attorney to send a spoliation letter to ensure they don't destroy it.
Consult Us About Your Orlando Truck Accident Case
Hurt in a Florida truck accident? We can help you recover compensation for medical expenses, lost wages, loss of earning capacity, pain and suffering, and other damages. Contact us today to schedule an appointment for a free initial consultation.