Truck accidents are often serious and result in catastrophic injuries and long-term suffering. At Jack Bernstein Injury Lawyers, our Tampa truck accident attorneys help victims get the compensation they deserve. With decades of injury litigation experience, we have the in-depth knowledge that it takes to get results for our clients.
If you have been hurt in a trucking accident, contact our law firm today for a free consultation. We can represent you in claiming financial compensation for your injuries and suffering.
Contact a Tampa personal injury attorney today.
What Should I Do After a Truck Accident in Tampa?
First, check yourself and others for injuries. If anyone is seriously injured, perhaps they are bleeding or unconscious, call 911 immediately. If no one is “injured,” call 911 or a police non-emergency number to report the accident. It’s crucial to seek medical help after an accident, even when you don’t have visible injuries, because some injuries usually have delayed symptoms.
You are required to notify law enforcement about an accident in Tampa by calling 911 if one of the drivers is under the influence of alcohol or other drugs or if the crash:
- Results in an injury/fatality
- Requires a wrecker to remove any of the involved vehicles
- Is a hit-and-run
- Causes at least $500 in apparent property damage
- Involves a commercial motor vehicle (which is likely in the case of a truck)
If the truck accident you are involved in does not meet these requirements, you can self-report it online or by mail.
While at the scene, exchange information with the other driver. This includes names, contact details, license numbers, vehicle details, insurance information, and trucking company information. You should also take photos of the accident scene and get the statements of witnesses and their contact information.
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What Types of Compensation Can I Claim After a Truck Accident?
The monetary compensation you get for a truck accident should fairly reflect your losses. Even though you’ve been injured, you may not easily identify all the ways that you are suffering from a truck accident without the help of an experienced personal injury lawyer.
Types of compensation you receive may include:
- Emergency medical bills
- Doctor and nursing care
- Long-term medical expenses, therapies
- Prescriptions, devices, and related medical expenses
- Lost income
- Property damage
- Attorneys fees and costs
- Pain and suffering
- Mental anguish
- Inconvenience, loss of lifestyle, disfigurement
Some of the ways you are impacted by a truck accident are obvious—like medical bills and vehicle damage. But you may not have considered that your injuries change your career path or that you are suffering from physical limitations.
Our lawyers ensure that you place a fair legal value on all losses so that you are compensated for the true value of your case.
What Compensation Can I Recover After a Truck Accident?
When you file a truck accident claim, you can recover:
Economic Damages
These include medical expenses (current and ongoing ones), lost wages (lost income and lost earning potential), and property damage, among other financial losses you incur.
Non-Economic Damages
The non-economic losses you can recover after a truck accident are pain and suffering, disfigurement, physical impairment, mental anguish, loss of consortium, inconvenience, and loss of enjoyment of life.
Punitive Damages
You can claim punitive damages in a truck accident if you can prove the other party that injured you engaged in intentional misconduct or gross negligence on the road.
Don’t Miss Out On the Compensation You Deserve
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What Types of Trucks Are Involved in Truck Accident Claims?
How Is a Truck Accident Different From a Car Accident?
A truck accident differs from a car accident in various ways. Firstly, a truck accident is likely to result in serious injuries because of a truck’s size and weight. If a truck collides with a small vehicle, a serious accident may occur. The small vehicle may end up underneath the truck, or it may be run off the road. A truck may also roll over if it loses stability after coming into contact with a small car, an instance that can lead to serious injuries.
Another way a truck accident differs from a car accident is that the likelihood of multiple parties being involved in the claim is almost expected. Additionally, truck accident claims can be more complicated due to the involvement of federal regulations — for instance, the driver’s hours of service will be considered.
There are several ways victims suffer injuries after a collision with a truck. A truck accident claim may be based on any of the following types of trucks:
- Light, medium, and heavy-duty trucks
- Pickup trucks
- Semi-trucks, semi-trailers, tractor-trailers
- Cement, crane, and other heavy equipment
- Haulers and transporters
- Tow trucks
- Flatbed trailers
- Moving trucks
- Construction trucks and maintenance vehicles
- Plows
- Tankers
- Delivery trucks, like Amazon, UPS, and FedEx
What Are Some Causes of Tampa Truck Accidents?
Many things can lead to unsafe conditions on the road that cause a truck accident. Some common causes include:
- Distracted driving, including texting
- Not using sufficient care on hazardous roads
- Failing to leave adequate following distance, especially in busy stop-and-go driving
- Parking in active driving lanes and other dangerous places
- Speeding
- Driver fatigue; operating for too many hours without sufficient rest
- Unsecured loads and falling objects
- Failing to observe traffic laws for stop signs, lane changes, etc.
- Driving under the influence of alcohol or drugs (DUI)
What Are Common Truck Accident Injuries?
Because of the significant size and weight of large trucks, these types of accidents can have devastating consequences for accident victims. Common injuries in a truck claim include:
- Broken bones
- Internal bleeding and bruising, organ damage
- Brain injuries, TBI, concussion
- Paralysis, spinal cord injuries
- Whiplash and soft tissue damage
- Nerve, ligament, and tendon damage
- Road rash, scars, and disfigurement
A victim should receive prompt medical attention to stabilize, document, and begin to treat injuries. As part of our representation, our lawyers ensure you have the medical documentation to prove the full extent of your injuries. We work to claim compensation for the losses you have already incurred, as well as medical expenses you are likely to have in the future.
Hurt By a Semi-Truck?
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What Can I Do If the Insurance Company Is Being Unfair?
Going up against the insurance company after a truck accident isn’t easy. They have a team of lawyers on their side, and they want to pay you as little as possible. At Jack Bernstein, Injury Lawyers, we have extensive litigation experience and the resources to fight back.
We know what the insurance companies do to avoid paying claims, and we won’t back down. Our law firm provides the thorough, comprehensive representation that it takes for you to receive fair compensation.
How Can a Tampa Truck Accident Attorney Help Me?
Working with a truck accident attorney in Tampa can significantly benefit you. Since they represent your needs, your attorney will fight for your rights to ensure you get what you deserve. Further, they will ensure they understand your case in-depth to determine its strength and investigate the accident thoroughly. They will also help you file a claim and handle negotiations with the trucking company’s insurer.
What if I Was Partially at Fault for the Truck Accident?
You can still receive compensation if you were partially at fault for a truck accident. However, you should not be found to be more than 50% at fault. If this is the case, you may not recover any damages.
The percentage at which you are found to be at fault for the crash will determine your compensation. If you are 10% at fault for a truck accident, you will receive a higher amount than if you were found to be 40% at fault.
Who May Be Legally Liable for a Truck Accident?
It may not be just the truck driver who is legally liable for an accident claim. Liability may extend to any of the following parties:
- Truck driver
- Vehicle manufacturer
- Party responsible for faulty repairs
- Owner of the truck
- Trucking company
- The party who hired, trained or supervised the driver
- Those responsible for the load being transported
- Third-party vendors providing support in the shipping process
- The government entity that designed, built or maintained the road
Florida has elevated minimum insurance requirements for commercial trucks. These policies can be helpful to collect compensation for damages. When we represent you in a claim, we look at all parties who may be liable and any insurance policies that may apply.
The parties that can be responsible for a truck accident are:
The Truck Driver
A truck driver may be held liable with their employer or any other party. They may be solely held liable when an accident occurs outside their scope of employment or when they intentionally act negligently, causing an accident within the scope of their employment.
The Trucking Company
A trucking company may be held liable for the actions of their employee that happened within the scope of employment. This may also happen even if a driver is an independent contractor.
A trucking company that fails to meet its legal responsibilities, such as ensuring drivers are well-trained, maintaining vehicles, and employing safety measures, may also be held liable if its failure contributes to an accident.
The Cargo Loader
If a cargo loader overloads a truck, improperly loads cargo, or uses faulty equipment, they can be responsible for an accident caused by their mistake.
Vehicle Manufacturer
Truck accidents caused by vehicle defects can be blamed on the vehicle manufacturer.
Maintenance Providers
If a truck’s maintenance provider fails to inspect thoroughly or address safety issues, they may be answerable for an accident.
Truck Owner
Some trucking companies lease vehicles from owners. If a truck owner is responsible for vehicle maintenance according to the leasing agreement, they may be liable for an accident caused by maintenance issues.
A Government Entity
A government agency may be responsible for a truck accident caused by poor road conditions, negligent road design, or faulty traffic signals.
Florida has elevated minimum insurance requirements for commercial trucks. These policies can help collect compensation for damages. When we represent you in a claim, we look at all parties who may be liable and any insurance policies that may apply.
RELATED: Determining Liability and Negligence in Truck Accidents
How Long Do I Have to File a Truck Accident Claim in Tampa?
In Florida, the statute of limitations for actions founded on negligence is two years. Thus, if you are involved in a truck accident caused by someone else’s negligence, you have to file a claim within this period. A Tampa truck accident attorney can help you observe all the needed steps without jeopardizing your rights for filing.
Contact a Tampa personal injury lawyer today.
How Common Are Truck Accidents?
According to the National Safety Council¹, 118,000 large truck accidents resulted in injury in 2019 alone. Trucks are the largest and heaviest vehicles on the road, which means accidents are often catastrophic for their victims.
How many accidents are caused by semi-trucks? Florida keeps records of these types of accidents. According to the Florida Department of Highway Safety and Motor Vehicles², there were 31,838 accidents in 2019 involving medium and heavy trucks weighing 10,000 lbs or more.
What Should I Do if I Lost a Loved One After a Truck Accident?
If you have lost a loved one in a truck accident, our lawyers can help you claim compensation through a wrongful death claim. We know how devastating it is to suddenly lose a family member. Your entire life is changed instantly, and the responsible party should be held accountable.
Our law firm is a team of compassionate professionals. Let us seek justice for your loved one and help you claim the monetary relief you need and deserve.
How Much Does It Cost To Hire a Truck Accident Attorney in Tampa?
Generally, a truck accident lawyer in Tampa will charge you a specified percentage of your payout. The percentage charged may go up when a case goes to trial.
What Is the Legal Basis for a Truck Accident Claim?
Negligence is the most common legal foundation for truck accident compensation. Commercial operators have a high duty to take reasonable precautions for safety on the roads. A traffic violation or even carelessly operating a vehicle based on road conditions may be the basis of a truck accident claim.
How Do I Prove Negligence in a Truck Accident Case?
To prove negligence in a truck accident case, you must establish duty, breach, causation, and damages.
Like any other driver, the truck driver owed you and other road users a duty of care. The other parties involved in the operation of the truck also owed you a duty of care.
Having evidence showing the negligence of the driver or any other liable party can prove they breached their duty of care. Police reports, witness statements, photos of the accident scene, the truck’s electronic logging device (ELD) records, and expert witness testimony can help you prove this element.
Any evidence proving that were it not for the other party’s action, the accident would not have happened, and hence, you would not have sustained injuries is crucial in establishing causation.
Lastly, you can prove damages using:
- Medical documents (photos of your injuries, medical records documenting your injuries and treatment, medical bills and receipts, prescription records, and medical appointment logs)
- Financial documents (pay stubs and tax returns)
- Photos showing damage to the car
- Car repair estimates
- Expert witness testimony
Should I Speak to the Trucking Company’s Insurance Adjuster?
It’s not recommended to speak to the trucking company’s insurance adjuster without legal guidance because they are likely looking for ways to reduce payout or avoid it. If they contact you, politely refuse to speak with them. Consult a personal injury lawyer to make informed decisions.
How Do I Find Tampa Truck Accident Attorneys Near Me?
If you’ve suffered injuries after a truck accident in Tampa, FL, Jack Bernstein, Injury Lawyers, are proud to help members of our community get the compensation they deserve. We have decades of experience assisting Tampa injury victims seek justice.
We understand Florida and local laws and have experience working with the local court systems. We are taking new cases, and we can represent you to claim a monetary payment for damages following a truck accident.
No Fees Unless You Win
You shouldn’t have to worry about how to pay for a lawyer while you’re recovering from a trucking accident. That’s why we represent you with no fees unless you win.
Start your claim with a consultation with our legal team. We’ll review the details of your accident and what your claim may be worth, so you can make the most informed decisions regarding your case. Contact us today to get started.
You Are Not Alone
Let our team of experienced injury attorneys fight for the compensation you deserve.
Sources:
Traffic Crash Reports. (n.d.)
Tampa Car Accident + Personal Injury Lawyers
For more than 40 years, personal injury lawyer Jack G. Bernstein has protected the rights of individuals who have been injured in a variety of circumstances. Throughout his career, Bernstein has been a strategist thoroughly dedicated to the idea of protecting the rights of his clients. Mr. Bernstein is a member of the Florida State Bar Association, the Hillsborough Bar Association and the Clearwater Bar Association.
Mr. Bernstein has the experience and expertise to handle a wide range of injury cases. Among the types of plaintiffs Mr. Bernstein represents are individuals involved in car accidents caused by drunk drivers or other exhibiting negligence, medical complications resulting from carelessness caused by a physician or a medical facility, including brain injury, bicycle, motorcycle, moped and truck accidents, admiralty law and cruise ship accidents, accidental drownings, all types of wrongful death lawsuits, along with most injury, catastrophic occurrences and legal malpractice issues.
Our firm handles every type of personal injury and accident case, using negotiation and litigation tactics effectively. We handle cases throughout Tampa, Sarasota, St. Petersburg, and Clearwater, FL. With a staff of approximately 40 people, including six lawyers and 34 support personnel, we have the legal resources to get the justice you deserve and the maximum recovery for your losses. Schedule your free consultation today; we are always here to help.
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