TRUCK ACCIDENT VIDEO FAQs
A big rig jackknifed and I was injured in Florida. Can I recover against the driver of the truck?
If you’re injured in a big truck accident, you may be able to recover from the driver, but you also may be able to recover from many different entities. For instance, if the truck driver was working for somebody and he was in the course and scope of his employment, they may be responsible for your injuries and damages. If there is mechanical defects and a mechanical shop worked on that car, they may be responsible for your damages. If he was under special direction on how to get the goods from point A to point B, the person who owns the goods may be responsible for your damages. In particular, with trucking cases, I would recommend that you contact a experienced trucking lawyer so you can talk about the facts of your cases, and you can understand who may be responsible for your damages.
Are Florida truck accident claims more difficult than car accident claims?
In many instances, large truck accident claims can be more difficult than car accident claims. The reason is because there’s a lot of different entities involved in the trucking industry. Not only would the truck driver be responsible for any negligence, but if he was working at the time, his employer could be responsible for negligence and new damages. Additionally, if it was a mechanical defect, they could be responsible if there was a logistics company that was directing where the goods go, they could be responsible.
Also, the sheer size of semi-truck or trailers requires a lot of accident reconstruction and specialized experts. Not only in the field of accident reconstruction, but in mechanics. Also, there are special regulations that govern the trucking industry, so you would need experts and lawyers who know those laws in your case. I would suggest that you talk to a qualified trucking accident attorney in making your decision on whether you need to hire a counsel or not.
Are there special rules that apply to commercial trucks in Florida?
There are special rules that apply to commercial trucks in Florida. The first would be the federal motor carrier safety regulations. Those are federal laws that apply to all commercial vehicles across the nation. They are very extensive and they require the employers of trucking companies as well as truck drivers to do specific things. Additionally in Florida, a commercial motor vehicle operator has to be licensed under the commercial driver’s license and that is another set of standards that a truck driver must adhere to.
Can I sue the truck driver’s trucking company for my injuries?
If you were injured by a large truck, not only can you sue the truck driver but if it was in the course and scope of his employment with a trucking company you can sue the trucking company for their injuries. You need to remember in the trucking industry there are many different players and they can all become responsible for your injuries. The most important thing that you need to do is contact a skilled experienced trucking attorney to discuss the facts of your case so that you know your rights and your options and you can make an informed decision on how to proceed.
How complicated are Florida truck accident cases?
Florida truck accident cases can be particularly complicated. First of all, the sheer size of the truck when it’s in an accident usually involves catastrophic damages. And so, these cases are highly defended by the insurance companies involved. Secondly, you’re going to need accident recinstructionists. You’re going to need many experts in the field of the rules and the regulations that govern the trucking industry. You need to hire an attorney that is experienced in these areas to make sure that all of your damages can be paid from all available sources and all evidence is locked in and investigated properly.
How do I deal with a trucking company or their insurance company after a Florida truck accident?
If you’ve been injured as a result of a large truck accident, I would not recommend you communicating directly with the owner of the trucking company or their insurance company. There are many complex issues involved in trucking accident cases and you want to preserve your rights and know your rights so the first thing I would advise you to do is to contact an attorney for a free consultation to discuss the facts of your case, and then you can determine how to proceed from there.
How is a trucking company generally held responsible for one’s injuries?
A trucking company is generally held responsible for the injuries caused in a large truck accident because they are responsible for the actions of their driver. If he was in the course and scope of their employment. However, there are other ways that a trucking company can be held responsible such as negligent hiring, training, and supervision of their truck driver or if there was a maintenance issue, negligent maintenance of that truck. So, there are many different ways a trucking company can be held liable for your damages, but the best thing to do is to call a qualified trucking accident attorney and they can discuss the facts of your case with you and give you the advice you need to see how you’re going to proceed from there.
How much time do I have after a Florida truck accident to file a lawsuit?
The time you have to file a lawsuit is called the statute of limitations, and depending upon the circumstances, it can be different in each case. Generally, in a personal injury case, it is a four year statute of limitations. However, if it involves a government vehicle or a municipality vehicle, that can be three years. If there’s the unfortunate death, it can be a two year statute of limitations. The most important thing to do if there is a serious truck accident is to call a qualified trucking accident attorney right away, because the most important thing is to preserve the evidence and your rights.
How quickly should I contact an attorney in a Florida truck accident case?
My recommendation would be to contact an attorney right away in a Florida truck crash case. And the reason is, because they can be very complex and also, the evidence needs to be secured right away. Things like accident reconstruction on how the accident happened, inspection of the truck for any mechanical defects. These things need to be done right away and only an attorney can send a letter or notify the parties, the at-fault parties, to preserve this evidence. If you don’t do it right away, it can be lost forever and harm your case terribly.
I haven’t been able to work since my car was hit by a truck in Florida. Can I get compensation for my loss of pay?
If you’ve been injured by a large truck accident, you may be able to get compensated for your lost pay. The first thing that you should do is contact your own insurance company and try to get your lost wages reimbursed through your PIP coverage. That’s your personal injury coverage. However, if your lost wages extend beyond that, you will make a claim against the truck company or the truck driver or any of the entities involved in that truck when you bring your negligent action and they will reimburse you for your lost wages in the past, as well as any inability to earn income in the future.
If a person dies from a Florida truck accident, can a claim still be pursued?
If a person dies as the result of a truck accident, a claim can still be pursued on behalf of that person’s estate. So if the person has survivors, which would be a spouse, children, parents, paperwork can be filed within a court to establish an estate and the personal representative of that estate would then file the lawsuit. It would be the plaintiff on behalf of the deceased person.
If a trucking company’s insurance company wants me to sign some papers so I can get medical care, should I sign the papers?
If a tracking company’s insurance company approaches you and ask you to sign papers in order to get medical care, I would advise strongly, do not sign that paperwork. There is no paperwork necessary to be filed in order for you to get medical care.
If I was in a Florida truck accident, should I accept a settlement from their insurance company?
If you’re in a Florida truck accident, I would not advise you accepting a settlement from a trucking company’s insurance company without having the paperwork reviewed by a qualified, trained, personal injury attorney. This is very important because once you sign that paperwork, you cannot go back. You’ve release your claims. So it’s very important to have your case investigated by an attorney. The consultation with an attorney is always free of charge, so it’s very important for you to do that. And you need to protect your rights in order to do that as well.
The driver who caused my accident had an expired commercial driver’s license. Could this be a factor in my Florida case?
If you’ve been involved in a trucking accident and you find out that the truck driver who caused the accident had an expired driver’s license, yes, that is an important factor in your case because there are federal rules and regulations, as well as state rules and regulations that govern the trucking industry and the truck drivers, and if he is in violation of those, it is very strong for your case.
What should I look for in hiring an attorney to represent me in my Florida truck accident case?
If you’ve been injured in a Florida truck accident, I would look for an attorney who’s handled truck cases before. They have very specific rules and regulations that govern the trucking industry. It’s very important for the attorney to be aware of those rules and regulations when they’re investigating the claim so that they can preserve evidence to help prove your case.
Additionally, quite a few expert witnesses are needed, and if an attorney has practiced with cases involving trucks, and have tried those kind of cases, they’re familiar with those experts and the value that they can bring to your case. So, I would suggest that you call an attorney right away, and make sure that they have experience with trucking cases.
Who can be sued in a Florida truck accident case?
In a Florida truck accident case, it’s very important that you consult with a experienced trucking lawyer. The reason is there are many people that can be sued and held responsible for your injuries and damages. An example would be this: if the truck driver is in the course and scope of his employment with a trucking company, the trucking company can be sued. If the tractor is owned by another entity, that entity can be sued. If the trailer is involved in the crash and it’s owned by a separate entity, that entity may be able to be sued. You had mechanical issues, if that plays a part, those people may be sued. And finally, there are logistics companies that give directions to trucking companies and truck drivers to get goods from point A to point B. Those logistics companies as well as the carriers who put their goods in the truck, they can all be responsible. So these are very complex cases and I would advise that you seek counsel from an attorney.