Truck accidents are among the most harmful motor vehicle crashes on Florida roads, often leading to severe injuries, property damage, and emotional distress. Due to their size and weight, commercial trucks can cause life-altering consequences when involved in accidents. If you or a close friend or family has been injured in a truck accident, it’s natural to have many questions about your rights, the legal process, and how to pursue compensation.
At Wolfson & Leon, we understand the intricacies of truck accident cases and are here to provide clear answers to your most pressing questions. Below, we address frequently asked questions about truck accidents in Florida. If you need immediate legal assistance, call (305) 285-1115 for a free consultation.
- What Are the Most Common Causes of Truck Accidents in Florida?
Truck accidents can result from a variety of factors, including human error, mechanical failures, and environmental conditions. Common causes include:
- Operator Fatigue: Truck drivers often keep extensive hours, leading to exhaustion and impaired judgment.
- Distracted Driving: Using phones, GPS devices, or eating while driving can lead to accidents.
- Speeding: Pressure to meet delivery deadlines can cause drivers to exceed speed limits.
- Improper Loading: Improperly balanced or overloaded cargo can make trucks unstable.
- Mechanical Failures: Brake malfunctions, tire blowouts, and other mechanical defects can lead to crashes.
- Poor Road Conditions: Inadequate signage, potholes, and construction zones can contribute to accidents.
- Driving Under the Influence: Alcohol or drug use can impair a driver’s ability to operate safely.
- Who Can Be Held Liable for a Truck Accident in Florida?
Liability in a truck accident is often more complex than in regular car accidents because numerous parties may have responsibility. Potentially liable parties include:
- The Truck Driver: The driver was speeding, distracted, or violated safety regulations.
- The Trucking Company: For improper hiring practices, lack of driver training, or pushing drivers to violate hours-of-service rules.
- Cargo Loaders: For improperly loaded or unsecured cargo.
- Truck Manufacturers: If mechanical defects contributed to the accident.
- Maintenance Providers: If negligent repairs or inspections caused the crash.
- Other Drivers: If another motorist’s actions contributed to the accident.
- Government Entities: For accidents caused by poorly maintained roads or missing signage.
At Wolfson & Leon, our attorneys conduct thorough investigations to identify all responsible parties and hold them accountable.
- What Steps Should I Take After a Truck Accident?
If you’re involved in a truck accident, taking the right steps can protect your health and strengthen your case:
- Go for Medical Care: Your health is the highest importance. Even if injuries seem minimal, you should seek a medical evaluation.
- Call Law Enforcement: Report the accident to the police so an official report can be filed.
- Gather Evidence: Take photos of the accident scene, vehicle damage, injuries, and road conditions.
- Collect Information: Get the truck driver’s name, employer, license number, and insurance details.
- Speak to Witnesses: Obtain contact information from anyone who witnessed the crash.
- Do Not Admit Fault: Avoid discussing fault or apologizing at the scene.
- Contact an Attorney: Call an experienced truck accident lawyer to protect your rights and begin your claim.
- What Compensation Can I Recover After a Truck Accident?
If you’ve been injured in a truck accident, you may be entitled to compensation for both economic and non-economic damages, including:
- Medical Expenses: Hospital bills, surgeries, physical therapy, and future medical care.
- Lost Wages: Compensation for time off work due to your injuries.
- Loss of Earning Capacity: If your injuries prevent you from working in the future.
- Property Damage: Costs to repair or replace your vehicle.
- Non-Economic Damages: Physical pain, reduced quality of life, and emotional distress.
- Wrongful Death Damages: Funeral expenses and loss of companionship if you’ve lost a loved one.
- Punitive Damages: Awarded in cases involving gross negligence or intentional misconduct.
The experienced attorneys at Wolfson & Leon can evaluate your case to determine the full extent of your losses and fight for the compensation you deserve.
- How Long Do I Have to File a Truck Accident Claim in Florida?
Florida law sets a statute of limitations of two years from the date of the accident to file a personal injury claim. If you fail to file within this time frame, you may lose your right to seek compensation.
In wrongful death cases, the deadline is also two years from the date of the victim’s passing.
It’s important to act quickly after a truck accident to preserve evidence and strengthen your case. Contacting an attorney as soon as possible can help ensure critical evidence, like black box data and driver logs, is not lost or destroyed.
- What Makes Truck Accident Cases Different from Car Accidents?
Truck accident cases are often more complex because they involve:
- Larger Insurance Policies: Commercial trucks carry higher liability insurance, leading to more aggressive defense tactics by insurers.
- Federal Regulations: Trucking companies and drivers must follow strict FMCSA rules, such as hours-of-service limits and maintenance requirements.
- Multiple Liable Parties: More parties may be involved, such as drivers, companies, manufacturers, and cargo loaders.
- Severe Injuries: Due to the size of trucks, injuries are often catastrophic, leading to higher medical costs and long-term recovery needs.
- Why Should I Hire a Truck Accident Attorney?
Truck accident cases require specialized legal knowledge and resources to handle effectively. An experienced attorney can:
- Investigate the accident and gather critical evidence.
- Identify all potentially liable parties.
- Negotiate with insurance companies to maximize compensation.
- File lawsuits and represent you in court if necessary.
- Protect your rights and ensure you receive fair treatment throughout the process.
At Wolfson & Leon, we have decades of experience handling complex truck accident cases. We understand the tactics used by trucking companies and insurers to minimize payouts, and we fight aggressively to secure the best outcome for our clients.
Conclusion: How Wolfson & Leon Can Help
If you or a loved one has been injured in a truck accident in Florida, you don’t have to face the aftermath alone. At Wolfson & Leon, we are dedicated to helping victims of truck accidents recover the compensation they need to rebuild their lives. Our experienced attorneys handle all aspects of your case, from investigating the accident to negotiating with insurance companies and fighting for your rights in court.
We proudly serve clients throughout Florida, including:
- Miami
- Orlando
- Tampa
- Jacksonville
- Fort Lauderdale
- West Palm Beach
- Cape Coral
- Fort Myers
- St. Petersburg
- Sarasota
- Naples
- Hialeah
- Clearwater
- Kissimmee
- Tallahassee
Call (305) 285-1115 today for a free consultation. Let us help you navigate this challenging time and fight for the justice and compensation you deserve.