Truck Accident Lawyers:
Cars no Match for Big Rigs in Collisions
Florida truck accident lawyers will tell you what usually happens when a tractor-trailer hits a passenger car. The occupants of the car generally get the worst of it.
Nearly a half-million large trucks (tractor trailers, 18 wheelers, semi trucks, big rigs) are involved in traffic accidents in the United States each year. About 5,000 people are killed. One in eight traffic fatalities is caused by a collision with a large truck. Most of the deaths are the drivers or passengers of the automobiles. According to the Florida Department of Highway Safety, driver error causes most of these accidents.
Martinez Manglardi Florida Truck Accident Lawyers
A serious truck accident requires serious truck accident lawyers. Martinez Manglardi is a statewide litigation firm that has been committed to protecting the safety of Florida’s families for 30 years. We have recovered more than $100 million in verdicts and settlements for our clients. Insurance companies know we have a strong, winning trial record, and that we have the resources and determination to win even the most complex truck accident case. We work to be the best Orlando personal injury attorneys, and we know that what’s best for you is best for us — and the community.
Call 407-846-2240 for a free consultation if you’ve been involved in a truck accident. We have offices in Orlando, Kissimmee, Apopka, Palm Bay/Melbourne, and Ocala. We fight for accident victims in Orange County, Seminole County, Osceola County, Polk County, Brevard County, and people throughout Florida.
Recovering damages after a truck accident involves filing a claim against negligent truck drivers and the companies who hire them. A driver of a large truck is considered to have an even greater legal standard of care than other drivers, because of the injuries that their large trucks can cause. A trucker’s negligence can lead to the most catastrophic injuries on the road.
Why You Need Experienced Florida Truck Accident Lawyers on Your Side
Because truck accident lawsuits are more complex than other vehicle accidents for several reasons, it is best to contact our Florida truck accident lawyers immediately. We will look out for your best interests. Trucking companies and insurance adjusters deal with truck accidents all the time. They know what to do to protect themselves from having to pay damages. When there’s an accident, they quickly gather evidence and line up experts. They immediately begin to prepare their case. That’s why you need an experienced truck accident lawyer on your side.
Types of Truck Accident Negligence
Truck accidents generally happen for one of two reasons: Either the driver made a mistake or the truck was not maintained properly. The most common reason that truck drivers make mistakes is because they have been behind the wheel for too long. This causes fatigue, which clouds judgment and leads to drowsiness and falling asleep at the wheel. Driver error can also be due to inexperience, improper driver training and driving under the influence of alcohol or drugs (whether prescription or illegal). Also, trucking industry deregulation has resulted in an increase in speed-limit violations among tractor-trailer drivers.
Other common factors in truck accidents:
- Overloaded Freight – The trucking company may be at fault if the truck was carrying too much cargo.
- Equipment Malfunction – The company that made the truck may be at fault if there were defects that caused the accident.
- Defective Tires – A tire manufacturer or distributor can become a defendant.
- Failure to Follow Florida and Federal Regulations – this would normally name the company and driver to be co-defendants.
Common Questions for Florida Truck Accident Lawyers
Are there additional laws that apply to truckers to keep the roads safer?
Specifically designed laws and regulations protect motorists from the negligent actions of truck drivers and trucking companies. Federal and Florida regulations require truckers to have adequate rest to prevent driver fatigue on the highway. There are also other specific rules for trucks including proper loading of the materials the truck is carrying and safety rules on traveling speeds and when passing other vehicles.
What are the “hours of service” rules?
Federal “hours of service” regulations prohibit interstate commercial drivers from driving more than 11 consecutive hours. After driving for 14 hours, drivers must take at least a 10-hour break. In addition, according to federal regulations, commercial truck drivers cannot drive after accruing 60 work hours during a 7-day period or 70 work hours during an 8-day period.
How do I recover compensation for damages in a tractor-trailer case?
In order to get compensation, an attorney will need to show the truck driver failed to use due care in the operation of the truck. Typically, in cases where serious injury has resulted, a plaintiff will have claims for pain and suffering, negligent and/or intentional infliction of emotional distress; and loss of consortium.
How soon do I need to bring a case in a tractor-trailer collision?
You need to contact an experienced Florida truck accident lawyer as soon as possible. In truck collisions, federal regulations require that companies maintain certain essential evidence only for a limited amount of time. For instance, the company may destroy the truck driver’s log after six months if an attorney does not obtain a court order or take other immediate action.
Other Florida Truck Accident Questions
Who will pay my medical bills in a tractor trailer accident?
The truck company may not pay your medical bills immediately. However, your own insurance will often contain medical payment provisions to pay for bills ranging from funeral costs to x-rays. It is usually in your best interest not to sign a medical release or authorization, and not to give a statement to the trucking company or any insurance company before contacting an attorney. Contact an Orlando truck accident lawyer at Martinez Manglardi today to discuss your situation and injuries.
What damages can you recover from a personal injury claim involving a tractor-trailer truck?
Each state has a different law regarding personal injury damages. A seriously injured plaintiff may recover:
- All of his or her past and future medical expenses;
- Past and future loss of income/earning capacity;
- Past and future pain, suffering and emotional distress; and/or
- Punitive damages
If a person dies in a truck accident, the survivors may recover monetary damages for their economic losses and emotional distress damages for loss of society, love and comfort.
Do I need an attorney to help recover damages in my truck accident case?
Unless you have a minor injury, which is rare in truck accident cases, you should retain a truck accident attorney. An experienced truck accident attorney will secure vital evidence so no one destroys it. Your attorney can establish liability against any potential defendants to help maximize your damage recovery.
Martinez Manglardi will help you through this difficult time. We will fight to see that you get financial compensation for your losses. Contact our Florida truck accident lawyers at 407-846-2240 for a free consultation.