Driver negligence is the leading cause of truck accidents in Florida and can result in severe, life-changing injuries. Fortunately, victims of truck accidents caused by a negligent or careless party can pursue compensation and recover damages under Florida law. However, it can be difficult to prove who was responsible, so it is important to work with an experienced Tampa truck accident lawyer.
If you were involved in a truck accident in Tampa, the truck accident lawyers at Eltringham Law Group can help you prepare and file a legal suit against the at-fault party and recover damages. Whether the collision involved an 18-wheeler, tractor-trailer, semi-truck, tanker, or another large commercial vehicle, the lawyers at Eltringham Law Group are available 24/7 to help you.
Understanding Tampa Truck Accident Laws
Under Title 49 of the Code of Federal Regulations, trucking companies, drivers, and owners must meet specific operational requirements to ensure the safety of other road users. The US Department of Transportation, the Florida Department of Transportation, and the Federal Motor Carrier Safety Administration also regulate the commercial trucking industry. In addition, Federal and state insurance laws are often changed to prevent truck accidents that accompany catastrophic injuries and losses.
An experienced legal team can help you understand these laws, as determining liability focuses on whether the commercial trucking company complied with state and federal laws. Tampa truck accident lawyers stay up to date on changes to Florida insurance laws to ensure you follow the correct steps when seeking compensation.
Determining Liability in a Tampa Truck Accident
While it is essential to establish legal responsibility in a Tampa truck accident case, doing so can be difficult without comprehensive legal representation. For example, commercial trucking accidents can involve various parties who share the blame, including:
- The truck driver
- The individual or company who leased the truck from the owner
- The owner of the truck
- The truck manufacturer, including the manufacturer of the tires or other components
- The cargo or shipping company
Proving who is responsible for your injuries and losses can be challenging, especially when each party denies liability. A qualified Tampa truck accident lawyer can gather the necessary evidence and establish who was responsible for the collision. The aim is to ensure you get justice and recover all your damages from the negligent party.
Recoverable Damages in a Tampa Truck Accident
Truck accidents can result in damage to property and various injuries, including head, neck, and brain injuries, internal organ damage, and loss of limbs. Once your truck injury lawyer presents adequate evidence and proves liability, you could recover compensation for the following damages:
- Past, present, and future medical expenses
- Pain and suffering
- Lost wages
- Loss of earning capacity
- Loss of consortium
- Emotional distress
- Property damages
- Diminished quality of life
- Wrongful death benefits, such as burial and funeral expenses and loss of companionship
If your loved one succumbed to their injuries that resulted from a truck accident, you can pursue a wrongful death claim to recover damages. The court may also award victims punitive damages as punishment for negligence or the reckless act that resulted in the accident. An experienced Tampa truck accident lawyer from Eltringham Law Group can help you recover all your losses from the at-fault party.
Statute of Limitations for a Tampa Truck Accident Case
Under Florida law, truck accident victims have four years to prepare and file a personal injury lawsuit against the negligent party. The statute of limitation refers to the time limit to sue for damages from the date the accident occurred. If you file a wrongful death claim, Florida law has a two-year statute of limitations to sue the other party.
Waiting too long can cause you to miss the deadline, and your case could become ineligible for compensation. Therefore, it is essential to hire an experienced Tampa truck accident lawyer immediately after a collision. This will initiate the legal process as soon as possible and ensure the protection of your rights.
Can Comparative Negligence Limit Your Rights to Compensation in Florida?
Florida is a no-fault state and operates on comparative negligence, which means each negligent party involved in a collision contributes damages. Typically, this limits accident victims from recovering damages they are responsible for and encourages shared responsibility under pure comparative fault law.
For example, if you contributed to around 30% of a collision, and the truck driver was 70% responsible for the crash, you may be entitled to 70% of the total compensation award. Therefore, truck accident victims can still recover damages from the other party if they were partly to blame for the collision.
How a Tampa Truck Accident Lawyer Can Help
Being involved in a truck accident can be devastating, but it becomes worse if you have to file for compensation against the other party. A Tampa truck accident lawyer from Eltringham Law Group will help you in multiple ways throughout the legal process, such as by:
- Investigating the accident to determine the cause of the wreck
- Gathering adequate evidence to support your claim
- Identifying the available sources of insurance compensation to settle your damages
- Involving expert witnesses and specialists to analyze the evidence
- Fighting for your rights and representing your interests in and out of court
- Negotiating with insurance companies for a reasonable settlement
- Ensuring you receive the full and maximum compensation that covers all damages
- Proceeding the matter to trial if necessary
Contact an Experienced Tampa Truck Accident Lawyer at Eltringham Law Group Today
If you or someone you love has been injured in a truck accident, it is essential to speak to an experienced Tampa truck accident lawyer before accepting any settlement. The lawyers at Eltringham Law Group can help you understand your legal options and the compensation claims process to protect your rights and recover damages. Contact the office to learn more or schedule a free case review with the legal team today.