Semi-Truck Accident Attorney in Florida
Since semi-trucks are much larger than passenger vehicles, accidents involving trucks are typically more catastrophic and devastating. Victims of semi-truck accidents often sustain life-altering injuries, permanent impairments, disabilities, as well as fatalities after a collision with a large commercial vehicle.
Recovering damages following a semi-truck crash is not the same as seeking compensation after an automobile accident involving small passenger cars. A victim of a truck accident will have to deal with the trucker, their employer (the trucking company), insurance companies, and corporate attorneys.
For this reason, it’s advised to seek legal counsel from a Florida truck accident lawyer who knows how to hold trucking companies accountable and understands complicated insurance issues involved in semi-truck accident cases. Contact our Daytona Beach-based semi-truck accident lawyer at Rick Kolodinsky, P.A., to review your particular case and help you pursue the compensation you deserve.
The most common causes of semi-truck accidents
In 2018, a total of over 4,100 people died in truck accidents, a 31-percent increase from 2009, according to the Federal Motor Carrier Safety Administration (FMCSA). The federal agency published the “Large Truck Crash Causation Study” where it named the following 10 contributing factors as the most common causes of semi-truck collisions:
- Braking issues or defective brakes
- Interrupted traffic flow, including congestion
- Use of certain prescription medication
- Use of over-the-counter drugs
- Traveling too fast for weather or road conditions
- Unfamiliarity with the road
- Poor road conditions
- Driver fatigue
- Failure to maintain a safe distance between vehicles
- Inadequate surveillance
Common types of truck accidents include:
- Rollovers
- Jackknifing
- Sideswipes
- Head-on and rear-end crashes
- Wide-turn collisions
- Blind spot accidents
- Underride crashes
Who can be held liable for semi-truck accidents?
If you have sustained an injury in a semi-truck accident, multiple parties could be held liable for your damages and losses. Depending on the circumstances of your specific truck crash, the following parties could be held accountable:
- The truck driver
- Another driver involved in the semi-truck accident
- The trucking company (the trucker’s employer)
- The owner of the truck
- The manufacturer of the truck or another vehicle
- The manufacturer of vehicle equipment or parts
- The company leasing the truck or trailer
- The person or entity responsible for loading the cargo onto the truck
Injuries sustained in semi-truck accidents include but are not limited to:
- Burn injuries
- Spinal cord injuries
- Traumatic brain injuries
- Disfigurement and scars
- Broken and fractured bones
- Lacerations and bruises
- Internal bleeding
- Organ damage
- Paralysis
Regrettably, it’s not uncommon for truck accident victims to die as a result of their injuries. Under the Florida Statutes Section 768.21, surviving family members have a right to recover damages from the negligent party by filing a wrongful death lawsuit.
When are trucking companies responsible for semi-truck accidents?
In most cases, suing a trucking company can maximize the victim’s settlement amount because the at-fault driver may not have enough insurance or finances to cover all damages. However, a trucking company may be held responsible for a semi-truck accident only if your lawyer can prove that the company was negligent.
Some of the most common examples of trucking company negligence include:
- Failing to perform background checks when hiring truck drivers
- Hiring unqualified drivers with no truck driving experience
- Failing to properly train drivers
- Failing to properly supervise drivers
- Imposing unrealistic deadlines on drivers
- Failing to monitor the truck driver’s driving hours
- Not maintaining vehicles in a safe and working condition
- Failing to ensure proper loading and securing of truck cargo
When bringing a semi-truck accident claim against the trucking company, the injured party will have to establish four elements of negligence:
- The company owed them a duty of care;
- The company breached the duty;
- The truck accident was caused by the breach; and
- The plaintiff suffered damages as a result of the crash.
What damages can be recovered in a truck accident case?
Each truck accident case is unique, which is why compensatory damages depend on:
- The circumstances surrounding your accident;
- The severity of your injuries;
- The injury’s impact on your quality of life;
- The injury’s impact on your earning capacity; and many other factors
Some of the most common types of damages that can be recovered with the help of a lawyer in a truck accident case include:
- Past, current, and future medical bills associated with your semi-truck accident injury
- Lost wages
- Diminished earning capacity
- The cost of repairing or replacing the damaged property, including your vehicle and personal belongings
- Permanent disfigurement and scars
- Pain and suffering associated with the injury
- Mental anguish
- Emotional distress
- Inconvenience
- Loss of enjoyment of life
- Depression
- Anxiety
- Loss of consortium
In addition to the above-mentioned economic and non-economic compensatory damages, you may be able to seek punitive damages. Under the Florida Statutes Section 768.72, a plaintiff is entitled to punitive damages when the defendant acted grossly negligent or engaged in intentional misconduct.
Why do you need a Florida semi-truck accident lawyer?
If you sustained injuries in a truck accident or your loved one died as a result of someone else’s negligence, it’s advised to retain a skilled semi-truck accident lawyer to help you recover damages.
Your lawyer can assist you with:
- Investigating your truck accident to determine all liable parties in your truck accident case
- Determining and documenting the extent of your damages and losses
- Gathering and preserving evidence to establish the necessary four elements of negligence
- Interviewing witnesses
- Hiring accident reconstruction experts and expert witnesses to support your claim
- Analyzing your medical records
- Obtaining data from the truck’s black box
- Handling negotiations with insurance companies and their attorneys
- Representing your best interests in court if your case goes to trial
If you have been injured because a truck driver, their employer, or another party was negligent, contact our Daytona Beach semi-truck accident lawyer at Rick Kolodinsky, P.A., to discuss your legal strategy. Rick Kolodinsky, Florida Board-Certified Civil Trial Lawyer, will help you obtain the compensation you deserve. Call 386-200-1866 to schedule your no-obligation consultation.
