In the wake of a personal injury involving a truck, you deserve a champion who will fight by your side with compassion and skill. Our Brandon personal injury attorneys and legal experts will take on the insurance companies and legal system to get you the outcome you deserve.
Your insurance company may not be telling you everything. Know what you’re entitled to with a free consultation. Rest assured that we will never charge any fees unless we win.
Truck accidents often cause severe injuries due to the massive size differences between the vehicles. They also result in painfully difficult legal battles, as truckers and trucking companies fight hard to limit what they pay you for the damages they caused.
If you or a loved one suffers injuries in a truck crash in this dangerous area, call the Brandon truck accident lawyers at Boohoff Law today.
At Boohoff Law, we care about those who suffer serious injuries in large commercial truck accidents in Brandon. We will work diligently to champion your interests against those responsible for your injuries and help you achieve the recovery you need. We pride ourselves on achieving big results for our clients in the Brandon area. Let us see if we can help you.
In one recent year, commercial drivers operating vehicles weighing 10,000 pounds or more were involved in 27,000 motor vehicle accidents in Florida, according to Florida Highway Safety & Motor Vehicles (FLHSMV). And, when an 80,000-pound or more fully loaded truck hits a car, small truck, SUV, motorcycle, or pedestrian, it will be bad for the smaller party.
The Brandon area saw more than 3,000 commercial vehicle accidents involving 22 deaths and nearly 1,000 injuries in one year. These accidents might occur on I-75 or right in your neighborhood.
The disparity in weight between a semi and a smaller passenger vehicle often leads to severe injuries. Given that these vehicles are often traveling at high speeds and how much they outweigh those they hit, the injuries resulting from these accidents can be catastrophic or fatal. Those liable should cover all the losses of victims and their families.
Some common causes of semi-truck accidents are:
Driver Fatigue – Commercial truck drivers are under tremendous pressure from their employers to deliver often perishable loads as quickly as possible. Despite federal and state regulations regarding permitted driving time and mandatory rest periods, semi-truck drivers often drive when tired and sleepy. This sleepiness slows reaction times—a real problem in an 80,000-pound vehicle—and adversely impacts the driver’s decision-making ability.
Usually, the fatigue results from:
Improper Vehicle Maintenance – Federal and state regulations also require that companies maintain their trucks well. However, worn tires, worn brakes, and malfunctioning engine and trailer parts leave a vehicle vulnerable to accidents. The truck owner or the trucking company is responsible for this maintenance and may be liable if its omission or poor performance leads to an accident.
Distracted Driving – As is the case with all motor vehicle accidents, distracted driving is one of the fastest-growing causes of semi-truck accidents. A distracted driver is doing something else while driving an 80,000-pound vehicle. That may include texting, eating, adjusting the music volume, or even playing computer games. The long, boring hours that truckers work make them especially prone to distracted driving. Seeking entertainment, they find potentially fatal distractions instead.
Inexperienced Drivers – Inexperienced and inadequately trained truck drivers cause many accidents. Trucking companies will often pay to train a new driver and then force that driver behind the wheel of a large dangerous truck too soon. The new driver may not even know the type of vehicle assigned to that driver. Inexperienced drivers are generally cheaper per mile, which makes them more attractive to a trucking company.
Some ways these newly trained drivers can cause accidents can include:
All of these are dangerous, and any truck driver may fall into these behaviors at any time, but new, inexperienced drivers are more likely to do so. Inexperienced drivers also often get involved in similar types of accidents.
Bad Loading – The set of a load on a large truck can hinder its ability to stay upright. An unbalanced load changes the center of gravity on the truck and can cause rollover accidents. It can also cause jack-knifing or make maneuvering the truck difficult. Liquid loads in tanker trucks are particularly prone to problems because of the movement of the liquid in transit.
The point of a civil lawsuit—or settlement negotiations with an insurance company—is to make you whole from the injuries you suffered in the car accident. The law cannot make your injuries disappear, but it can force those who caused your injuries to compensate you for the costs of those injuries. Courts can award three kinds of damages in Florida, which are:
Economic Damages – These are compensatory damages awarded to make the plaintiff whole.
Economic damages are objective and usually easily ascertainable through paid bills or pay stubs.
Non-Economic Damages – These are another type of compensatory damages. Non-economic damages are somewhat more subjective than economic and require analysis to determine for the future.
They are not usually related to specific invoices or other documents.
Punitive Damages – Not intended to compensate the victim (although they do), courts award punitive damages to punish the defendant and deter such conduct. Punitive damages require that the court finds the defendant’s conduct by clear and convincing evidence to constitute intentional misconduct or gross negligence.
Florida law requires that you recover compensatory damages to receive punitive damages.
Let Boohoff Law focus on fighting for your full compensation. If you or a loved one was the victim of a large commercial truck accident, contact an experienced truck accident attorney at Boohoff Law’s Brandon office for a free initial consultation and case evaluation.
You can focus on your physical and emotional recovery while we deal with your difficult legal battles. You can reach out to us at (813) 321-7878, or you may contact us online for your free claim evaluation.
In a commercial vehicle accident, the driver may not be alone in responsibility for the accident. The company may share in the liability. If you simply sue the driver, you follow the regulator rules of Florida’s no-fault insurance laws as to when you can or cannot sue.
But, in addition to the driver, you can sue the driver’s employer. Under Florida law, the company may be vicariously liable for the driver’s conduct. For you to file this kind of suit, the driver must have been actively engaged in work duties when the negligence occurred.
In other words, if a commercial truck driver hits you when they are on duty and performing the job, you can sue the employers. This process can allow you to receive a much higher level of compensation simply because the company will carry bigger policies limits.
You can also sue the company that owns the truck if they failed to keep it properly maintained. If the problem is with the truck itself, you can sue the manufacturer of the truck or its parts.
In other words, determining liability when a commercial vehicle is involved is complicated. If you’re in a commercial truck accident in Florida, let the experienced truck accident attorneys at Boohoff Law help you to navigate this entanglement.
Florida law gives personal injury plaintiffs four years to file a lawsuit. Four years probably sounds like a long time, but given the amount of work you or your lawyers will need to do to get ready for a trial, it isn’t that much. Take some time soon after your accident to think about how much easier the whole recovery process will be if one of the experienced truck accident attorneys at Boohoff Law’s Brandon office were handling your case.
When you sue someone for causing a truck accident, the legal theory behind your case will be negligence.
When you receive a driver’s license, including a CDL, the law imposes on you an implicit duty to treat everyone else on the road with care. Breaching this duty when a driver causes an accident is a basis for liability.
The more formal structure for the case is:
The difference, however, with a large commercial truck is that there are several potentially liable parties, not just the truck driver. The owner may be liable and will have much higher insurance limits. In addition, you can hold the manufacturer of the truck and the company that maintains it liable.