What Should I Do If I am Injured in a Commercial Truck Accident in Florida?
Accidents involving commercial trucks are extremely dangerous. A typical commercial truck that is fully loaded with cargo can weigh up to about 80,000 pounds, while a typical car only weighs about 4,000 pounds. If you are involved in an accident with a commercial truck, it can be a very traumatic experience, especially if you are unsure about what steps you should take.
Here’s what to do immediately. Don’t panic. Follow these crucial steps to protect your rights and seek compensation after a truck accident in Florida:
- Contact authorities.
- Seek medical attention.
- Don’t talk about fault.
- Consult with a Florida truck accident attorney.
With decades of experience representing truck accident victims, I’ve helped clients secure the compensation they deserve. Below, I’ll explain each critical step to take after a commercial truck accident and how these actions can strengthen your claim.
What Should I Do First After a Commercial Truck Accident in Florida?
After a commercial truck accident in Florida, prioritize your safety by seeking immediate medical attention and calling 911 to report the accident. This ensures your injuries are treated and the incident is documented.
Your health and safety are the top priority. Call emergency services if needed and follow medical advice even if your injuries seem minor. This step not only protects your well-being but also creates a medical record that can support your legal claim.
What To Do At The Scene
Your first priority is getting proper medical treatment, but there are a few tasks you should undertake if you’re able. Keep in mind that the statute of limitations in Florida is two years, so there are legal deadlines.
Call 911
Immediately after an accident, you should check yourself and any passengers for injuries and then call 911. If anyone is harmed, even slightly, make sure that you also ask for an ambulance. Try to provide the operator with as much information as possible about your specific location and any injuries suspected, especially if these injuries appear to be life-threatening.
Exchange Insurance Information
After an accident, one of the most important things to do is exchange insurance information with the truck driver. You should attempt to get the following information from the truck driver: his full name and contact information; the name of his insurance company and his policy number; his driver’s license number; and the make, color, and model of the truck.
Document the Accident
You will need to make sure that you document any relevant information regarding the accident, which will be helpful for the police and your insurance company. This information could also be helpful if you decide to bring a lawsuit against the truck driver for your injuries. To properly document the accident, you should do the following:
Take Pictures
If possible, take pictures of both your vehicle and the truck involved in the accident. Be sure to take a picture of the USDOT number displayed on the truck. It may also be helpful to get pictures of the surrounding landscape, including road hazards, traffic signs, etc.
Record Anything You Can Remember
Write down as many details about what you believe led to the accident. This is important because it may be difficult to recall many of these details later on.
Write Down Any Information You Can Get From Nearby Witnesses
Sometimes an accident can happen so quickly that you don’t even really know what caused it. If you find yourself not remembering the details of the accident, you should attempt to speak to any nearby witnesses who may have been watching the entire incident and can fill you in on specific details. You should either write down this information or request the witness to remain at the scene until the authorities arrive.
Important Tasks After a Commercial Truck Accident in Florida
If you are injured in a commercial truck accident in Florida, taking immediate and informed steps can make a significant difference in your recovery and your ability to secure compensation.
Contact Your Insurance Company
After an accident, you need to ensure that you contact your insurance company. You should do this as soon as possible. Make sure that you have all of the information and photographs ready to provide to the insurance company to better assist in the processing of your claim.
Follow Up With All Medical Treatment
Your health should always be a top priority. Follow up with all recommended medical treatments, including check-ups and rehabilitation. Failing to adhere to medical advice can not only worsen your condition but also harm your personal injury case if you seek compensation later.
Keep a Journal
Maintaining a detailed journal documenting your injuries, pain levels, and emotional distress is crucial. This record can support your claim and demonstrate the impact the accident has had on your life. Write down how your injuries affect your daily routine, work, and overall well-being.
Retain Legal Counsel
Hiring an experienced personal injury attorney is essential after a commercial truck accident. Legal counsel will protect your rights, help you understand your legal options, and work to maximize any potential compensation for your injuries. A lawyer familiar with Florida’s truck accident laws will be vital in guiding you through the legal process.
How Should I Document the Accident Scene?
To document the accident scene effectively, take photos of all vehicles, road conditions, skid marks, and visible injuries. Gather contact information from witnesses and make note of relevant details like weather conditions.
Visual evidence strengthens your case and helps establish liability. Use your phone to capture clear images of the scene, including damage to all vehicles and surrounding traffic signs. Collect names and phone numbers of witnesses who can provide valuable testimony.
Why Is Filing a Police Report Important?
Filing a police report is important because it provides an official record of the accident, which can be critical evidence for your claim.
When officers arrive, provide accurate details about what happened but avoid admitting fault. Request a copy of the report as it will often include the truck driver’s information and the officer’s initial assessment of fault.
Should I Talk to Insurance Companies After a Truck Accident?
Do not speak to insurance companies without consulting an attorney, as anything you say can be used to reduce or deny your claim.
Insurance adjusters often aim to minimize payouts. Politely decline recorded statements and direct all communications to your attorney, who can advocate for your best interests during negotiations.
Why Do I Need an Experienced Truck Accident Attorney?
An experienced truck accident attorney is essential to navigate complex cases, identify liable parties, and maximize your compensation.
Truck accidents often involve multiple parties, including the driver, trucking company, and manufacturers. An attorney can subpoena critical evidence, such as driver logs and maintenance records, and negotiate aggressively with insurers to ensure you recover the full value of your claim.
What Are Common Causes of Commercial Truck Accidents?
Common causes of commercial truck accidents include driver fatigue, speeding, distracted driving, improper loading, and mechanical failure.
Understanding the cause helps determine liability. For example, driver logs might reveal violations of federal rest regulations, or inspection records could highlight mechanical defects. Your attorney can use this evidence to build a strong case.
What Compensation Can I Recover After a Truck Accident?
You can recover compensation for medical expenses, lost wages, pain and suffering, property damage, and future costs related to your injuries.
Depending on the circumstances, you may also be entitled to punitive damages if the at-fault party’s actions were reckless. An attorney will ensure all damages, including non-economic losses, are fully accounted for.
How Does Florida’s Comparative Negligence Law Affect My Claim?
Florida’s comparative negligence law reduces your compensation by your percentage of fault but allows recovery as long as you are less than 51% at fault.
For instance, if you’re found 20% responsible for the accident, your settlement will be reduced by 20%. A skilled attorney can challenge unfair fault assignments to maximize your recovery.
What Should I Avoid Doing After a Truck Accident?
Avoid posting on social media, accepting quick settlement offers, or delaying medical treatment, as these actions can harm your case.
Insurance companies may monitor your social media for statements or photos that contradict your claim. Quick settlements often undervalue your injuries, and delays in treatment could weaken your case by creating gaps in your medical records.
Who Can Be Liable for Damages in Truck Accident Cases?
In a commercial truck accident in Florida, determining who is responsible for the damages can be complex. Several parties may share liability depending on the circumstances of the crash.
Truck Driver
The truck driver is often the primary party held liable in an accident. If the driver was speeding, distracted, or under the influence of drugs or alcohol, their negligence can result in significant damages. Violating traffic laws or driving hours regulations are common reasons a truck driver may be held responsible for injuries and property damage.
Multiple Truck Drivers Responsible For The Accident
When multiple truck drivers are involved in the accident, it is essential to evaluate whether more than one driver contributed to the crash. If other truck drivers exhibited negligent behavior, such as improper lane changes or reckless driving, they too could be liable for the accident.
Truck & Equipment Manufacturer
In some cases, the accident may have been caused by a malfunction or defect in the truck or its equipment. If faulty brakes, tires, or other mechanical failures contributed to the crash, the manufacturer of the truck or the defective parts could be held accountable. Product liability claims may arise if improper design or manufacturing led to the failure.
Company That Employs the Driver
The company that employs the truck driver may also be held liable, especially if they failed to properly vet the driver or neglected to maintain the truck. Florida law allows for the employer to be held responsible for the actions of their employee under the principle of vicarious liability. Employers are expected to ensure their drivers follow safety regulations and that trucks are in safe operating condition.
What Might You Be Entitled to Following Your Truck Accident?
You may be entitled to compensation for various damages depending on the extent of your injuries and losses.
Economic Damages
Economic damages cover the financial costs associated with the accident. These include medical bills, rehabilitation expenses, lost wages, and any future loss of earning capacity if your injuries prevent you from returning to work. Property damage, such as the cost of repairing or replacing your vehicle, can also be claimed under economic damages.
Noneconomic Damages
Noneconomic damages are awarded for non-financial losses, such as pain and suffering, emotional distress, and loss of enjoyment of life. These damages are more subjective but can significantly impact the compensation you receive, especially if your injuries result in long-term disability or affect your overall quality of life.
Read our in-depth article: What’s The Difference Between Economic and Non-Economic Damages?
Were You Recently Injured in a Commercial Truck Accident?
If you’ve been injured in a commercial truck accident in Florida, you deserve experienced legal representation to fight for the compensation you need. The team at Rosen Injury Law, P.A., can help you build a strong personal injury case and obtain compensation for your injuries. Our dedicated team is here to help you through every step of the legal process.
Please don’t hesitate to contact us today to get in contact with one of our experienced personal injury attorneys. You can visit our website or call us at (954) 787-1500 for a free no-obligation consultation today. Let us protect your rights and pursue the justice you deserve.
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