01/07/2022 0 Comments
Know Your Rights After a Commercial Truck Accident
Truck accidents occur every day across the United States. The results are many times catastrophic as they lead to death or very serious injuries to the passengers and driver of the vehicle involved. A loaded semi-truck can weigh up to 80,000 pounds, while a car typically weighs around 3,500, so the odds are not in favor of the passenger vehicle when a collision happens.
Common Reasons Behind Truck Accidents
There are many reasons why so many truck accidents happen across the country. Some of these reasons are specific to trucks more so than passenger vehicles. These reasons include:
- Statistics show more than 40 percent of truck drivers who were involved in an accident were under the influence of alcohol or drugs.
- Poorly Maintained Trucks
- Trucking companies and truck drivers are responsible for properly maintaining these large commercial vehicles. Unfortunately, maintenance is sometimes overlooked to reduce overall costs, and other times, the drivers just neglect simple checks such as coupling devices, lights, brakes, or other safety checks before a trip.
- Aggressive Driving
- Aggressive driving is defined as moving traffic offenses that endanger other drivers on the road.
- Truck drivers are only paid while they are driving, so they have considerable motivation to push themselves even when they are tired.
- Driving too Fast
- Studies show more than 20 percent of the truck drivers involved in an accident were driving too fast.
- Blind Spots
- When cars drive behind, directly in front, or along the middle of a semi-truck, the driver of the truck cannot see them.
These are some of the causes for accidents involving trucks, so determining the liability in an accident can become complex. In some cases, the truck driver is at fault, and at other times it can be the trucking company or the maintenance company. Others who are considered in some accidents include the loading company who may have improperly or overloaded the truck.
If you've suffered injuries or the loss of a loved one as a result of an accident involving a truck, you should seek legal counsel to protect your rights as there are many complexities involved with accidents that involve semi-trucks.
The Mechanics of Truck Accidents
If you've been involved in an accident involving a commercial truck, hiring an experienced personal injury attorney from Batts-Daniels Law is imperative as there are many legal complexities involved. An experienced attorney can:
- Subpoena the black box
- Semi-trucks are equipped with a black box that contains crucial information regarding conditions before the accident happened. Trucking companies do not simply turn these devices over and there could be information in them your attorney will need when seeking a settlement on your behalf. The black box will reveal the number of hard stops the driver made, the truck's maximum speeds, and the hours it has been in service. Some of the information in the black box could reveal the driver's negligence.
- Protect critical evidence
- Your attorney will ensure no critical evidence is destroyed or hidden. A court order can be issued to prohibit the trucking company from removing the truck to a location where it cannot be looked at for evidence. An experienced attorney will also understand how to recreate the accident to learn important information that will be needed in your case.
Contact an Attorney to Protect Your Rights After a Truck Accident
In the State of Florida, there is a four-year statute of limitations to file a personal injury claim as a result of an accident involving a commercial truck. If the accident resulted in death, the family has only two years from the date of the death to file a wrongful death suit. Make sure your rights are protected from this tragedy by contacting Batts-Daniels Law as soon as possible.
Surviving a truck accident will likely leave you with severe injuries that you could be dealing with for months, years, or the rest of your life. Many who have suffered through an accident involving a truck are left with a lifetime of pain, and often suffer emotional issues such as severe depression, chronic insomnia, or PTSD.
While every accident has its own set of circumstances, you may be entitled to compensation for injuries and losses under Florida law. Having an experienced attorney on your side will ensure your rights are protected.
Who to Contact in Florida if Involved in Truck Accident
Batts-Daniels Law represents people injured in accidents involving trucks or autos, shootings, daycare injuries, slip and falls, and more. We fight aggressively to protect your rights and ensure you receive the compensation you deserve. Contact us today and we'll review your case and discuss your best possible solution.