A Wesley Chapel truck accident lawyer understands how devastating collisions with large commercial trucks can be. Trucks are essential to commerce and the transportation industry, but when drivers are not cautious, these massive vehicles can become extremely dangerous. Due to their size and weight, even a low-speed truck collision can total a passenger vehicle and cause serious injuries.
Truck drivers often face intense pressure to meet delivery deadlines, which is why state and federal regulations exist to promote safe trucking practices. Despite these laws, negligence still plays a role in many truck accidents. Operating a tractor-trailer requires significant skill, training, and attention, and when a careless or inexperienced 18-wheeler operator causes a crash, victims have the right to pursue damages.
At Hancock Injury Attorneys, our hard-working legal team is prepared to guide you through the legal process and fight for the compensation you deserve for your injuries, losses, and long-term damages.
Potential Causes Of Tractor-Trailer Collisions
There are many ways in which a truck accident can occur. However, some of the most common causes are related to trucker negligence. Potential negligent acts include:
- Speeding
- Driving under the influence of drugs or alcohol
- Driving while fatigued
- Inadequate driver training or supervision
- Poor maintenance of the vehicle
- Mechanical failure
Our attorneys will work with you to uncover evidence indicating the cause of the semi-truck collision. This evidence might include:
- The driver’s employment file
- Cell phone records
- Driving records, schedules, and logs
- The truck’s black box and maintenance records
- The safety record of the make and model of the truck
Gathering evidence can be difficult, especially when you are still recovering from your injuries. When you work with us, you can be assured that our team will get all the information needed to succeed in winning your case.
Is It Possible To Have Multiple Liable Parties?
One of the factors that makes truck accident cases complex is the number of potentially liable parties. There are often several people or entities whose negligence might have contributed to the accident. An experienced personal injury attorney can analyze the evidence to identify all the potentially negligent parties who might be liable for damages.
A truck driver who was violating the law at the time of the accident can be liable for damages. However, that person may not have enough insurance or personal assets to cover your damages.
The driver’s employer could be negligent if they were negligent in hiring, supervising, or enforcing federal trucking laws. Furthermore, the vehicle manufacturer or maintenance company can bear liability if a defective or poorly maintained part caused the accident. A seasoned Wesley Chapel truck accident lawyer can advise you on who to name as the defendant in your injury claim or tell you if there should be multiple defendants held liable for the accident.
What If The Plaintiff Is Also Negligent For The Truck Accident?
There are often several factors that lead to an accident. In some cases, the injured person was partly responsible for the tractor-trailer crash. Fortunately, Florida follows a pure comparative negligence doctrine, which allows negligent plaintiffs to pursue damages regardless of their degree of responsibility for the accident.
However, it is important to note that the court will reduce your damages award by a percentage equal to your percentage of fault. If you are partially responsible for the 18-wheeler collision, you should talk to a skilled attorney about the amount of compensation you might receive. But, be aware, if you are more than 50 percent responsible, you will be unable to seek compensation.
What Damages Are Available To Injured Parties in Wesley Chapel?
Plaintiffs in truck accident cases can get compensation for various financial and emotional losses. Common examples of economic and non-economic damages include:
- Medical expenses
- Lost wages
- Lost earning capacity
- Pain and suffering
- Loss of enjoyment of life
A dedicated Wesley Chapel truck accident lawyer can help you document all your losses to ensure you receive an appropriate amount of compensation. Florida does not limit the amount that plaintiffs can collect in compensatory damages. If you believe the other party’s behavior was especially reckless or egregious, you may choose to pursue punitive damages. The court caps this award at the greater of three times the amount of compensatory damages or $500,000.
How Much Time Do I Have To File A Truck Accident Lawsuit?
The statute of limitations is the legal deadline for filing a lawsuit. According to the Florida Statutes, you have two years from the date of injury to file your claim. If you miss the deadline, the court will likely dismiss your case.
The sooner you begin working on your claim, the better. Investigators for trucking companies start examining an accident the day that it happens. The early involvement of a legal professional can ensure the preservation of critical evidence that might support your semi-truck accident claim.
Why Choose Hancock Injury Attorneys?
Attorney Mike Hancock has the experience that most other truck accident attorneys in Wesley Chapel do not. He worked on the defense side for eight years, working for insurance companies like Geico and State Farm, so he knows their negotiating tactics and how to beat them. This insider knowledge is how we can make sure our clients get what is rightfully theirs.
In addition to our unique experience and years of expertise, we are dedicated to making sure our clients can be focused on healing, while we take some of their stress off their shoulders. We make sure your financial hardships related to the accident are taken care of and that you can get your life back on track.
Consult A Wesley Chapel Truck Accident Lawyer Today
Pursuing damages in a legal case is a complex undertaking. It requires a thorough understanding of local transportation laws and regulations, as well as top-notch investigatory and negotiation skills.
Working with a professional experienced in these matters can make a positive difference in the outcome of your case. Contact a Wesley Chapel truck accident lawyer today by calling 813-915-1110 to schedule your free consultation and get the legal advice you need.
FAQ: Wesley Chapel Truck Accident Lawyer
How Much Money Will I Get for My Truck Accident Case?
This is one of the most difficult questions to answer. Every case truly is different. Ultimately, it is a jury that determines the value of your case. But from our Wesley Chapel personal injury law firm’s 35+ years of experience, we can advise you on a general range of a settlement value of your case, based on many factors which include, among other things, the following:
- How the accident happened
- The extent of damage to the vehicles involved
- The type and extent of your injuries and medical treatment, including surgeries
- Whether you sustained permanent injuries, fractures or significant scarring
- Your past medical history
- The amount of your past medical bills
- The expected amount of your future medical bills
- The lost wages you have incurred
- The future loss of your earning capacity
- Your age at the time of the accident and your remaining work years
- Other reasonable costs you have incurred caused by your injuries, such as the need to hire household help, child care services, etc.
- Insurance coverage available
- If married at the time of the accident, your spouse may have an additional claim for loss of consortium
Why Are Expert Witnesses Particularly Important in Truck Accident Cases?
This is another way in which truck accidents are different than other motor vehicle cases. Expert witnesses with specific qualifications are needed due to, among other things, the many interstate and intrastate commerce regulations. For example, experts that can testify as to the medical impact of fatigue and sleep apnea on driving; safety experts that can testify as to such things as log books, pre and post trip inspections, and proper maintenance practices; and trucking industry experts that can testify as to such things as leased drivers, industry hiring and training practices and the supervision of professional drivers.
I Was Injured When My Car Was Rear-Ended by a Tractor-Trailer. Who Pays My Medical Bills?
Any person or entity that was at fault for causing the truck accident can be sued to recover your damages. This includes the following: the truck driver, the employer of the driver, the owner of the tractor, the owner of the trailer, the company identified/advertised on the trailer, and the owner of the goods being shipped.
What Should I Do After a Truck Accident in Wesley Chapel?
After a truck accident, you should seek medical attention immediately and follow your doctor’s treatment plan. It’s also important to gather records such as medical bills, accident reports, and proof of lost wages. Avoid speaking with insurance companies before consulting an attorney, as they may try to minimize your claim.
Why Do I Need a Wesley Chapel Truck Accident Lawyer?
Truck accident cases are often complex and involve multiple parties, including the driver, trucking company, and insurers. An experienced attorney from our firm can investigate the accident, handle communications with insurance companies, and fight for the full compensation you deserve.
What Compensation Can I Recover After a Truck Accident?
You may be entitled to compensation for medical bills, lost income, future medical care, pain and suffering, and property damage. In serious cases, compensation may also cover long-term disability and reduced earning capacity.
Who Can Be Held Liable in a Truck Accident Case?
Liability may extend beyond the truck driver. Responsible parties can include the trucking company, vehicle owner, maintenance providers, or even manufacturers. Multiple parties often mean multiple insurance policies may apply.
What Types of Truck Accident Cases Does Hancock Injury Attorneys Handle?
Truck accident lawyers handle a wide range of cases, including accidents involving semi-trucks, tractor-trailers, delivery trucks, and tankers. This also includes jackknife accidents, rollovers, underride crashes, and cargo-related incidents.
What Are the Most Common Injuries in Truck Accidents?
Truck accidents often cause serious injuries such as traumatic brain injuries, spinal cord injuries, burns, fractures, and internal organ damage. These injuries can lead to long-term or permanent disabilities.
How Do Insurance Companies Handle Truck Accident Claims?
Insurance companies often try to reduce payouts by offering quick settlements, disputing the severity of injuries, or shifting blame. They may also pressure you into giving statements that could harm your case.
Should I Talk to the Trucking Company’s Insurance Adjuster?
It’s best to avoid speaking with insurance adjusters without legal representation. Anything you say can be used against you to minimize your claim. An attorney from our firm can handle these communications on your behalf.
How Can I Strengthen My Truck Accident Claim?
You can strengthen your claim by:
- Following your medical treatment plan
- Keeping detailed records of expenses and lost income
- Documenting your recovery and injuries
- Maintaining a journal of your pain and daily limitations
These steps help demonstrate the full impact of your injuries.
Where Do Most Truck Accidents Happen in Wesley Chapel?
Truck accidents often occur in high-traffic areas such as major highways, interstates, and near industrial zones. Areas with heavy commercial traffic and complex merging patterns tend to have a higher risk of collisions.
How Long Do I Have To File a Truck Accident Claim in Florida?
You have two years from the date of the accident to file a truck accident claim.
How Much Does It Cost To Hire a Truck Accident Lawyer?
Hancock Injury Attorneys works on a contingency fee basis, meaning you don’t pay any upfront fees. You only pay if your attorney successfully recovers compensation for you.
When Should I Contact a Truck Accident Lawyer?
You should call Hancock Injury Attorneys at 813-915-1110 as soon as possible after your accident. Early legal help allows your attorney to gather evidence, speak with witnesses, and protect your claim from insurance company tactics.