Accidents involving commercial trucks are not the same as a car accident. Most commercial trucks are subject to federal and state laws with specific requirements pertaining to maintenance, loads, the amount of hours driven, and much more.
In addition, there could be several parties at fault for the accident, including the driver, the owner of the truck, the manufacturer of the truck, the company responsible for maintaining the truck, the owner of the load and others.
Because trucks are usually larger, heavier and carrying loads, trucking accidents can lead to a fatal accident. Under these circumstances, a claim is usually brought by a survivor against the parties at fault for wrongful death.
While we hope you are never involved in a truck accident, there are some things you should know and do if you are ever involved in one.
What to Do After a Truck Accident:
- Call police and make a police report – get copy of driver exchange form
- Seek emergency medical treatment if necessary
- Take pictures of your damaged vehicle, the at fault driver’s vehicle, and the accident scene, if possible. Do not risk further injury in attempting to take pictures.
- Take names, addresses and phone numbers of witnesses.
- Take pictures of your injuries. Do not risk further injury in attempting to take pictures
- Take pictures of all signs and DOT numbers displayed on the truck and trailer. Do not risk further injury in attempting to take pictures.
- Take pictures of the load being carried by the truck/trailer. Do not risk further injury in attempting to take pictures.
How can The Cabrera Law Firm help you with your Truck Accident:
- Identify all possible parties at fault
- Gather all evidence pertaining to possible violations of federal and state trucking laws
- Identify all insurance coverage available from the at fault party or parties
- Identify your own insurance coverage available, including PIP (personal injury coverage) and UM (uninsured/underinsured coverage)
- Gather evidence, including police reports, medical records, medical bills, witness statements, and lost wage documentation
- Communicate with your insurance carrier to handle any issues that may arise with your PIP claim and/or your property damage claim
- Make a claim for your bodily injury against the at fault party’s or parties’ insurance carrier(s) and negotiate the claim to get you the compensation you deserve
- File a lawsuit if your claim cannot be settled out of court
- Obtain expert testimony from doctors and other experts, if necessary, to prove injuries and meet legal thresholds
- FIGHT AGGRESSIVELY TO GET YOU THE MOST MONEY YOU DESERVE FOR YOUR INJURIES, LOSS OF PAST AND FUTURE WAGES, LOSS OF PAST AND FUTURE EARNING CAPACITY, AND PAST AND FUTURE PAIN AND SUFFERING!
- Once the case is settled or resolved by jury verdict, negotiate any of your remaining, unpaid medical bills, if any. Even though the case may be over, we help you get your medical bills reduced when possible so that you don’t have to worry about getting any outstanding bills paid on your own.
What if I am at fault for my accident?
Even if you may have been partly at fault for your accident, you may still be able to recover for your injuries. Florida follows the comparative negligence rule, which means that you can still recover for your injuries if you are at fault but your recovery may be reduced by your percentage of fault as determined by the court. For example, if you are found to be 25% at fault, you can still recover 75% of your damages.