Auto accidents can be devastating and may lead to fatalities. However, when a vehicle collides with an 18-wheeler or any oversized commercial vehicle, the odds of severe injury, death, and catastrophic property damage increases exponentially.
However, seeking truck accident compensation for injuries from large transportation companies or commercial insurance providers is not easy. Contact our Boca Raton truck accident attorneys for comprehensive and compassionate representation if you were injured in a truck collision.
Call us today, and rest easy knowing someone is on your side fighting for the settlement you deserve.
Why You Should Consult the #1 Boca Raton Truck Accident Attorneys
The involvement of many parties and the truck driver can lead to complications in getting compensation for your injuries. These parties include:
- The truck owner
- The truck leasing company
- The trailer owner
- The trailer loader and packer
- The truck and trailer manufacturer
These commercial players have a lot vested in limiting the amount of compensation you could receive if you were in an accident with one of their trucks.
Therefore, it’s crucial in these cases to hire an experienced truck accident lawyer in Boca Raton who can act quickly to preserve vital pieces of evidence that may be critical to proving your case.
Our Lawyers Understand Florida Transportation Laws
Our personal injury attorneys that handle truck collisions are well-versed in:
- Federal Motor Carrier Safety Regulations found in Title 49 of the Code of Federal Regulations (CFR)
- Florida Statutes Section 316.302
These rules and regulations apply to all commercial motor vehicle owners or drivers who engage in intrastate (Florida) commerce.
Our Boca Raton Attorneys Will Fight to Get You the Most Compensation
In some cases, you may be entitled to significantly greater compensation. For example, in addition to the trucker’s wrongdoing in causing the crash, the trucking company could be found negligent for hiring and retaining the driver. Plus, other non-compliance issues pertaining to the laws and regulations above.
Call our firm if you or a family member have sustained a life-changing personal injury, property damage, permanent physical or mental impairment, or wrongful death due to a truck accident in Florida.
When you hire our Boca Raton personal injury law group, you can rest easy knowing that your rights are protected. Our attorneys will fight with determination to get you the settlement you’re entitled to.
Severe Injuries Due to Commercial Trucking Accidents
It’s not hard to visualize how much more devastating injuries can be when a motor vehicle collision involves a truck or tractor-trailer.
When a fully-loaded 80,000-pound truck collides with a 4,000-pound car, it can lead to wrongful death or injuries including:
- Spinal cord injury
- Permanent disability
- Paraplegia or quadriplegia paralysis
- Organ damage
- Loss of limbs
- Joint injuries
- Eye injuries
- Burns and scarring
- Broken bones
- A head or brain injury
If you or a family member have sustained severe injury in a truck accident, it’s crucial to engage the services of an experienced truck accident lawyer in Boca Raton. They can assist you in getting the compensation that you deserve.
What Is Negligence in a Personal Injury Case?
When seeking compensation from the person or company that caused your accident, one of the primary objectives will be to establish their negligence. This could involve gross negligence, which is a blatant disregard for your safety, or it could have been a temporary lack of judgment.
To prove negligence, you will need to establish the following four elements:
- Duty of care: All drivers on public roadways have an obligation to operate their vehicles in a way that keeps other drivers and passengers safe. Trucking companies are obligated to maintain their vehicles in a way that allows for safe operation, and automotive manufacturers are expected to produce quality, dependable parts.
- The duty of care was breached: The responsible party did not follow through on this obligation. For example, a driver who is distracted or impaired by alcohol is not being mindful of the safety of others.
- This action led to your accident: You will need to make the case that your accident would not have happened if the negligent party had acted responsibly.
- The accident caused your damages: Finally, you must prove that it was this accident and not another incident that caused your injuries or other losses.
What If I Was Partly to Blame for My Boca Raton Accident?
In some states, civil courts deny compensation to any accident victim who is even slightly responsible for the accident that caused their injuries. Others bar victims from recovering damages if they were more than 50% to blame. Thankfully, this is not the case in Florida.
Here, our justice system uses a pure comparative negligence approach. This means you could recover your losses if your actions contributed to the truck accident or your injuries. However, you will not be entitled to the total amount of compensation that you would have gotten otherwise.
The judge or jury will determine who the at-fault parties are and what percentage of responsibility lies with each. Then, any compensation you win will be reduced by your portion of the blame. So, even if you were, for example, 90% at fault, you could still recover 10% of your losses.
Negligence and Truck Accidents
Trucks are heavy vehicles that can cause a significant amount of damage when they get into accidents. However, most truck drivers are trained to operate these large motor vehicles safely and effectively.
Sadly, they are relatively common and cause hundreds of deaths each year. Some of the most common reasons truck accidents happen are:
- Truck drivers work long hours and face constant pressure to meet deadlines. Unfortunately, that can lead to driver fatigue, one of the most common causes of truck accidents.
- Large trucks have a longer stopping distance. They travel several feet before coming to a halt. Drivers can’t just press the brakes to avoid a collision if someone appears in their path without warning, which causes several accidents as well.
- Failing to perform pre-trip inspections. Busy drivers sometimes forget to complete the tests necessary to ensure their truck is working correctly. Skipping these necessary tests can lead to accidents, especially if the drivers miss something vital like brake issues or poor tire condition.
- Adverse weather conditions make accidents more likely, especially if there is snow and ice on the roads. For example, many trucks crash because of black ice and inadequate preparation for it.
Other reasons a truck accident may happen include:
- Distracted driving (eating or cellphone use)
- Failing to maintain required driver logs
- Driving trucks on restricted roadways
- Operating their truck under the influence of alcohol or drugs
- Overloading or over-weighting trucks
- Improper vehicle repair or maintenance
- Vehicle or trailer defects
- Driving too fast
- Failing to check mirrors or cameras adequately
- Refusal to yield
The cause of your accident will determine its legal approach. For example, if driver fatigue is the cause of the accident, you can sue the company and hold them liable for not allowing drivers enough rest.
The company could also be held liable if it hired an inexperienced driver without performing adequate background checks or putting a driver into service with a poor safety record. But, again, a qualified truck accident attorney in Boca Raton can help you build a strong argument for your case.
What to Expect When Negotiating With a Trucking Company
One of the things you must realize when dealing with a large-scale trucking company following a trucking accident is that you aren’t negotiating on a level playing field. These companies are experienced in dealing with auto truck accident investigations and claims practices.
Insurance company adjusters are trucking company representatives, not yours. Therefore, you mustn’t sign employment or medical record releases or provide statements. A signed medical release could allow the adjuster to have discussions with your doctors without you or anyone else present.
Trucking companies have expert accident investigators on-call. These professionals are quickly deployed as soon as the carrier company learns there’s been an accident. Then, they conduct full-scale investigations regarding the truck accident.
In the meantime, the victims and their families tend to hospital care, medical treatments, or funeral arrangements. By the time you’re ready to litigate, the insurance firms and trucking companies have set up a solid legal defense.
Be Sure You Have Lawyers Fighting for Your Rights
Victims of trucking accidents must have qualified truck accident attorneys in their corners, fighting for their rights. At Eltringham Law Group, we understand the nuances of this field and will ensure you get the compensation you deserve.
We have worked on several accident cases involving one or more trucks and are familiar with the laws and will answer all your questions.
How Can a Boca Raton Truck Accident Attorney Help?
Qualified Boca Raton truck accident attorneys are familiar with the regulations that control the trucking industry. They know how to determine the cause of the accident, understand liability, and collect evidence. Here’s a look at how we can help:
- Protecting your interests: Most trucking companies have legal teams that can intimidate clients. They present compelling arguments that encourage clients to settle for less than what they deserve. We know how to deliver clear counterarguments and protect your interests during such negotiations.
- Collecting evidence: We know how to collect evidence from private and third-party sources. For example, our lawyers contact witnesses, get traffic camera footing, copies of police reports, etc. Evidence can help us build a strong case for our clients.
- Working on contingency: Many clients can’t afford legal fees, especially after a tragic accident. In addition, they face medical expenses and loss of wages that can make their financial situation unstable. Therefore, we work on a contingency basis and collect fees from the compensation awarded at the end of a case.
Get in Touch With a Boca Raton Truck Accident Lawyer Today!
To learn more about our personal injury services or if you need to book a consultation with a Boca Raton truck accident lawyer, get in touch with us at Eltringham Law Group today! You can call us or use our online contact us form.
We understand it’s scary to be involved in an auto accident, especially one involving a commercial truck. However, if you have been injured in a crash involving a truck, you likely have many questions. Call the Eltringham Law Group today at (561) 338-0420 for these and any other personal injury questions you may have.
Common Questions About Commercial Trucking Accidents
What Do I Do After a Truck Crash if I Have Been Injured?
When you have been involved in a truck accident, there are actions you must take.
- Assess your injuries. Are you bleeding or injured? Call 911.
- Make sure that everyone in your car is okay, then check on the truck driver.
- Document the incident with the police.
- Photograph the scene, including damage to your car and the truck, license plate numbers, and roads and landmarks.
- Avoid speaking to the other parties regarding accident details. Instead, talk only to the police.
- Get medical treatment within two weeks of your accident so that you can retain your personal injury protection (PIP) insurance benefits.
How Long Do I Have to File a Claim After a Truck Accident?
Florida law requires that you seek medical attention within 14 days from the date of the accident—this includes weekends and holidays.
If you fail to comply with this Florida law, you will lose 100% of your medical payment coverage under the Personal Injury Protection (PIP) portion of your automobile insurance policy. All Florida insurance policies include PIP, which covers a part of your medical bills.
There Are Many Parties Involved in My Truck Accident Case, How Do I Know Who to Deal with?
Receiving compensation for your injuries can become complicated due to the various parties potentially involved in your truck accident lawsuit.
The trucking company (also known as the carrier) employs the trucker and may carry a legal responsibility for the safety of its fleet and their driver’s negligent actions. Again, a qualified truck accident attorney can help you identify the central party to deal with in your case.
Do I Have a Chance of Receiving a Fair Settlement if I Am Dealing with Large-Scale Trucking Companies and Insurance Providers?
It is imperative in these cases to align with an experienced Boca Raton truck accident lawyer. They can investigate your claim and preserve crucial evidence to help you prove your case against cutthroat insurance providers and large-scale trucking companies.
Does Florida's Personal Injury Protection (PIP) Coverage Apply to Truck Accidents?
Yes. Your PIP insurance will cover your medical expense up to $10,000 if you have been involved in a truck or tractor-trailer accident. However, due to the severity of these accidents, they typically require more medical treatment than what PIP will cover.
That’s why it’s essential to hire a personal injury attorney with an understanding of these accidents so that you’re protected.
How Will I Deal with Losses I’ve Incurred Due to a Trucking Accident in Addition to Medical Bills?
Most persons involved in an auto accident with a truck or tractor-trailer will require treatment that exceeds the $10,000 limit that PIP provides. Florida allows drivers to sue the at-fault party’s insurance company if the medical costs exceed $10,000.
Therefore, you need to call a personal injury attorney to explain your rights and help you recover your expenses. You may also sue them for any emotional pain and suffering you think the injuries have caused you.
Will Every Truck Accident Lawyer in Boca Raton, FL, Provide Me With the Same Level of Protection?
Truck accident lawsuits are involved and complex, requiring expert testimony, medical evidence, and thorough knowledge of negligence law.
Not every law firm or attorney can provide you with the same level of protection. To ensure that your case is on solid ground, it’s vital to seek out a knowledgeable Boca Raton truck accident attorney.
Proudly Serving Boca Raton and All of Florida
We’re invested in your well-being. You don’t pay for our experience or services unless we get you a settlement. Contact us today to schedule a free review of your case.