A large truck collision creates sudden challenges, and what happens afterward is very different from routine car crashes. These commercial truck accidents often bring more complicated issues than typical passenger vehicle wrecks.
An experienced Tampa truck accident lawyer can explain the key aspects of your commercial truck accident claim and help you move forward.
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Accidents involving commercial vehicles differ from standard car collisions. The sheer size and weight of semi-trucks contribute to the severity of these events. Specific regulations also govern trucking companies and their drivers.
Several factors contribute to large truck collisions, and identifying these causes is a step toward understanding what happened. Often, more than one factor plays a role in a wreck.
Sometimes the actions of other drivers cause commercial truck accidents. Poorly maintained roads and weather conditions can be factors that lead to a crash, too.
Determining responsibility in a semi-truck incident isn’t always straightforward. Multiple parties beyond just the truck driver might bear some fault for a commercial truck accident. An investigation helps identify all potentially liable parties.
Here are some parties who might be responsible:
Other parties might also share responsibility. A vehicle parts manufacturer could be liable if a defective truck part caused the accident. Government entities might sometimes be at fault if poorly maintained roads or inadequate signage contributed to the commercial truck accident.
The specific type of accident sometimes helps identify what might have happened. These incidents often have distinct characteristics.
A jackknife accident happens when a semi-truck trailer swings out to the side, forming an L-shape or V-shape with the cab. This often occurs during sudden braking or on slippery roads. The driver loses control, and the trailer skids, creating a dangerous situation for other vehicles.
Underride accidents are particularly severe. They occur when a smaller passenger vehicle slides underneath the side or rear of a commercial truck trailer. Many trucks have underride guards, but they’re not always effective. Injuries from these tractor-trailer wrecks are often catastrophic.
A commercial truck tire blowout creates an immediate hazard. When a tire suddenly fails on a large truck, even an experienced driver might lose control due to the sudden shift in weight and handling.
Debris from the tire also creates risks for other motorists on the road. Proper tire maintenance helps prevent these crashes.
Large trucks have a high center of gravity, which makes them more prone to rollover accidents, especially when a driver takes a curve too fast, overcorrects steering, or if cargo shifts significantly.
High winds also contribute to rollovers. These commercial truck accidents often result in serious injuries and extensive cargo spillage.
Due to their immense weight, commercial trucks require a much longer stopping distance than passenger cars. If a truck driver is following too closely (tailgating) or is distracted, they might not be able to stop in time to avoid hitting a vehicle in front of them.
If you’ve addressed your immediate medical needs after the accident involving a commercial vehicle, there are additional actions to take. These steps help protect your interests as you deal with the consequences of the crash.
If the police responded to the scene of the tractor-trailer wreck, they created an official accident report. This document is a key piece of information.
It typically contains details about the drivers, vehicles, involved insurance companies, witness information, and sometimes a diagram or narrative of how the commercial truck accident happened.
If you don’t yet have a copy, contact the law enforcement agency that responded to the accident to request it. Your attorney also uses this report as a starting point for their investigation into the semi-truck incident.
Now is a good time to gather and organize all the information and paperwork related to the semi crash. Compiling everything in one place is beneficial, even if you have collected some details from the scene.
Here are items to gather and keep organized:
Keep all documents related to the commercial truck accident and your injuries, including medical records and bills, vehicle repair estimates or receipts, and any letters or emails you’ve received from insurance companies.
A large truck collision often results in significant losses. If someone else was negligent, you can seek compensation for the harm you suffered from the commercial truck accident. This compensation, often called damages, aims to cover various types of losses.
Here’s a look at common types of damages:
You also might receive compensation for non-economic damages. These address losses that don’t have a direct dollar value but significantly impact your life. Examples include pain and suffering, emotional distress, and loss of enjoyment of life.
A lawyer experienced in truck accident claims provides valuable assistance. They protect your rights and guide you through the legal process.
Lawyers conduct thorough investigations into semi-truck accidents. They gather evidence like police reports, witness statements, and trucking company records.
Data retrieval from the truck’s electronic logging device (ELD) or black box is a critical aspect of investigating commercial truck accidents. These devices record vital information such as speed, braking, hours of service, and other data leading up to the crash.
This data can provide concrete evidence of driver actions and potential violations of trucking regulations, aiding in determining fault. Obtaining this data often requires legal intervention and expert analysis to ensure it is properly preserved and interpreted for use in a claim.
Lawyers sometimes work with accident reconstruction specialists to determine how the commercial truck accident occurred and who was at fault. This detailed investigation is fundamental to building a strong claim.
An attorney accurately assesses the full extent of your damages from the big rig crash. This includes current and future medical expenses, lost income, property damage, and non-economic losses like pain and suffering.
Your lawyer manages all communications with insurance companies and other parties involved in the tractor-trailer wreck. This relieves you of the stress of these interactions and prevents you from inadvertently saying something that might compromise your claim.
Attorneys are skilled negotiators. They deal with insurance companies on your behalf to reach a fair settlement for your commercial truck accident claim. They understand insurers’ tactics and can effectively counter them to protect your interests following a semi-truck incident.
While many commercial truck accident cases settle out of court, some require litigation. If a fair settlement isn’t possible, your lawyer prepares your case for trial. They represent you in court, presenting evidence and arguing on your behalf to achieve a favorable outcome.
After you’ve addressed your immediate medical needs, your next step is to gather all relevant information, such as driver details, trucking company information, insurance details, witness contacts, and the police report.
Consult with a lawyer early in the process to understand your rights and options.
Each state sets its own statute of limitations for filing personal injury claims. In Washington, you generally have three years from the date of the wreck to file a lawsuit for injuries and property damage.
In Florida, the statute of limitations for personal injury claims arising from a commercial truck accident is generally two years from the accident date. Property damage claims in Florida generally have a four-year limit.
Missing the deadline means you likely lose your right to seek compensation. These rules have some exceptions, so confirm the specific deadline applicable to your commercial truck accident case with an attorney.
Commercial truck accidents are typically more complex than standard car accidents since the injuries and damages are often far more severe due to the size and weight of commercial trucks.
Multiple parties might be liable, including the driver, the trucking company, cargo loaders, or vehicle manufacturers. Federal and state regulations specific to the trucking industry play a role in these accidents involving commercial vehicles.
Fault in an accident involving a commercial vehicle is determined by investigating the circumstances of the crash to see who acted negligently. Negligence means failing to use reasonable care, which causes the accident and results in harm.
Evidence used to determine fault includes the police report, witness statements, driver logs, truck maintenance records, data from the truck’s black box, and sometimes expert accident reconstruction analysis of the commercial truck accident scene.
State traffic laws and federal trucking regulations also help establish who is at fault in a semi-truck incident.
When you’re facing the consequences of a major collision, moving forward feels like an uphill battle. Knowledgeable legal guidance significantly affects how you navigate the road ahead.
Contact Boohoff Law, P.A. today for counsel and support. Our team of personal injury attorneys is ready to listen to your story and explain your options. Call us today at (813) 445-8161 for a free consultation.
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