If you have been in a truck accident in Florida and suffered injuries, then you probably have a lot of questions. You may be left confused, and not sure where to start to piece your life back together.
Commercial truck accidents in Florida can be confusing because there is often more than one party involved and the injuries are typically substantial. But you may be eligible to file a lawsuit against the defendant or defendants in an attempt to recover any compensation owed to you, but the procedure for this in relation to truck accidents can be pretty complex…
State Your Claim
Usually, the claims associated with a truck accident in Florida can be filed against the company that owns the truck, but not always the truck driver.
You will need an attorney that specializes in the defense against large company liability. The attorney must have already had success in handling similar cases of personal injury claims made against large insurance companies and the large truck companies, which they insure. The attorney should also be experienced with the federal regulations and guidelines put in place by the Motor Carrier Safety division because not doing so, could affect the personal injury claim.
With an attorney on your side, you can depend on:
- Witness interviews
- Camera footage if that is available
- Police report review
- Accident report review
- Medical report review
- Medical staff interview
- Reconstruction of accident scene by expert
Who is REALLY Involved?
Of course, if you have been in a truck accident in Florida, the parties at fault may deny liability for your injuries and losses. This includes both the employer and truck driver. Your attorney will be able to establish the party’s liability for your accident, and collect and investigate any necessary evidence to make your claim stronger.
Most commercial truck accidents include the following parties:
- The employer of the truck driver
- Truck driver
- Truck owner
- Truck leasing company
- Owner of any attached trailer
- Company that leased the trailer
- The manufacturer of the trailer, its gears, and the truck itself
A Procedure and a Plan…
Subsequent to a truck accident in Florida, the truck company and insurer will immediately begin their own investigation of the accident scene.
There are several thorough procedures that these companies initiate when handling claims related to truck accidents. These procedures will oftentimes restrict the amount of compensation that you can recover for your injuries and loss. The insurance company along with the truck driver may get recorded statements from potential witnesses. They may also take pictures of the accident scene and evaluate the condition of the vehicles involved, documenting the scope of the damages.
In order to combat these procedures, you need a plan. An attorney may initiate an investigation in the following areas:
- Driving records and logs, which could include stops at the weigh stations
- The party with the main control and supervision of the vehicle when the accident occurred
- Any criminal convictions of the truck driver
- The level of supervision that the company had when it came to the truck driver
- The trailer or vehicle’s driving history
- The maintenance record of the truck
- Any federal or state violations related to driving regulations
- Previous state and federal violations of trucking laws
- Possible manufacturing defects of truck parts and accessories
For those experiencing a truck accident in Florida, the attorney has to prove negligence on the part of the defendant or defendants. Negligence may include:
- Overloading the truck
- Level of driving experience that truck driver has
- Oversized truck operating on narrow roads
- Failure to obey traffic law
- Avoiding weigh stations
- Driving without stopping for breaks
Call an Experienced Truck Accident Attorney Florida
If you have been in a truck accident in Florida, then you have a good chance at recovering compensation as long as you contact a good truck accident attorney right away at 561-845-2510.