Fort Lauderdale Truck Accident Attorney

Because of their tremendous mass and the hazardous cargo they sometimes carry, tractor-trailers and other large trucks are a greater danger on the roadways than passenger cars. For this reason, the trucking industry is subject to enhanced regulations at the state and federal levels. That does not mean, however, that all semi-truck, truck drivers, and trucking companies are always in compliance. If you’ve been in an accident, either due to driver error or some breach of conduct regarding the rules, you’re entitled to fair compensation for your medical bills, lost wages, property damage, etc. However, to receive full and fair compensation, you will require legal representation from a truck accident lawyer. Fort Lauderdale truck accident lawyer Matthew Sean Tucker of the Tucker Law firm represents his clients on a contingency basis. That means you don’t have to pay out of pocket for personal injury attorney Tucker’s professional legal advice. Call today for a free consultation.

Most Common Causes of Truck Accidents 

While no two truck accident cases are alike, Fort Lauderdale truck accident attorneys have recognized that most Broward County truck accidents result from the following factors.

Driver Fatigue

The Federal Motor Carrier Safety Administration (FMCSA) sets the rules for how many hours of service a driver operating a passenger vehicle, or a cargo-carrying driver can operate.  For example, a driver carrying cargo can drive for 11 straight hours after 10 consecutive hours off. While this may seem reasonable and safe, many drivers and companies break this rule to meet deadlines. In these cases, the drivers are operating at a subpar level.

Drunk Driving  

Because of the precision and focus it requires to operate large trucks, the rules are stricter regarding consuming alcohol. The legal BAC limit for commercial vehicle operators is .04 — half the legal limit when operating a private vehicle. This is low enough that just two drinks can put the driver over. Many accidents involving large trucks are caused by alcohol and/or drugs.

Improper Load

Trucks often carry multiple tons of materials, which means that they have to be packed properly and secured within the trailer or on the bed. If not, the weight can cause the trailer to respond unpredictably. For instance, jackknife accidents occur when the trailer goes in a different direction than the cab. When a truck makes a wide turn, the momentum of the cargo may cause the trailer to continue the way it had already been going.

Improper Maintenance 

Semi-trucks are subject to routine inspections and maintenance. Much of this is similar to the types of maintenance issues you would look for in a passenger car: fluid levels, brake pads, tire tread, windshield wipers, lights, etc. But there are many more things to consider. When accident reconstruction experts conduct their thorough investigation, and they detect improper maintenance, it is likely that the truck owner is responsible. Regardless of the cause of your truck accident, if you’ve suffered injuries, you’re entitled to compensation for your medical bills, lost wages, etc. The Tucker Law legal team represents commercial truck accident victims on a contingency-fee basis. Contact us for a free, no-obligation consultation.

Truck Accident Statistics

The DHSMV keeps comprehensive statistics about accidents. The most recent report available provides the following truck accident stats for the state of Florida:

• There were 27,044 crashes involving medium or heavy trucks, which are classified as any truck with a gross weight greater than 10,000 lbs.
• 789 accidents resulted in possible injuries.
• 389 involved non-incapacitating injuries.
• 111 resulted in incapacitation.
• 29 involved in at least one truck accident fatality.
• Broward County alone had 3,244 commercial motor vehicle crashes, 705 of which resulted in serious injuries and 7 resulting in the death of one or more persons.

What You Should Do if You’re Involved in a Truck Accident 

If you’ve been involved in a trucking accident, the moments that follow can be extremely precarious. The following tips can help you remain safe from further danger and can help a truck accident attorney pursue your claim.

Look for Hazardous Materials or Spills

Trucks that transport hazardous materials are required to be placarded by law, but all accident scenes are inherently dangerous. If you’re in danger, move your vehicle if possible. If not, get yourself to a position of safety.

Call 911

The dispatcher will need to know the location of the truck accident, the number of vehicles involved, the number of serious injuries, a description of the passenger vehicle, etc.

Talk to Independent Witnesses

Eyewitness testimony may help your truck accident lawyer dispute claims that the truck driver or trucking company is making. This may be invaluable in your attempt to recover compensation from the negligent party.

Take Pictures or Video

From a position of safety, take images of the accident scene. You’ll want to include the position of the vehicles, any visible injuries to the truck accident victims or the truck driver, any hazardous materials placards, and the logo of the trucking company if it’s visible. Damage to the truck and other vehicles, debris on the roadway, and any geographic indicators. This will help your truck accident lawyers reconstruct the accident with an expert witness.

Allow EMTs to Examine You

If you’re a truck accident victim, there are excellent chances that you have injuries. Allow the paramedics to give you a physical exam. This will help establish a baseline for future truck accident claims.

Do Not Accept a Settlement Offer

Once trucking companies get the insurance companies involved, things will move fast. Do not be surprised if an insurance carrier adjuster shows up to the scene and offers to cut you a check on the spot for your medical costs, vehicle damage, and inconvenience. The money may sound like a welcome relief, but it is unlikely to approach what a truck accident attorney would consider a fair settlement. The insurance adjuster knows that truck accident victims are likely to prefer a fast settlement because they’re unaware of the true value of the case. Once the truck crash victims take advantage of a free case review at a South Florida personal injury law firm, they’re much more likely to hold out for full compensation.

When to Call a Fort Lauderdale Truck Accident Lawyer

The best time to contact a truck accident lawyer is as soon as practical — even before you make a truck accident claim. Truck accident attorneys prefer to get involved with your case from the very beginning. If you’ve already made an insurance claim or have received insurance company offers for settlement, you can still hire a Fort Lauderdale truck accident lawyer. However, if you accept a settlement from the insurance company and sign a waiver before you talk to a lawyer, you may not be able to pursue damages, even if you have a serious injury. If you’re uncertain about your ability to file an insurance claim, contact Tucker Law immediately.

Damages in Fort Lauderdale Truck Accidents

If you’ve been injured by a negligent Fort Lauderdale truck driver, you’re probably wondering what kind of damages you’re entitled to. Florida law recognizes three different types of damages when it comes to semi-truck accidents and other types of personal injury claims.

Economic Damages

Naturally, you are entitled to recover compensation for all medical expenses, vehicle damage, lost earnings, and any other item that had a measurable monetary impact. If you are filing a wrongful death claim because you lost someone in a fatal truck accident, you may also be entitled to funeral expenses and the wages they would have earned if they had not been killed in a truck accident.

Non-Economic Damages 

Not all of the costs associated with truck accidents can be measured monetarily. For example, if you sustained catastrophic injuries from a Fort Lauderdale truck accident, merely reimbursing you for your expenses is hardly fair. Non-economic damages or pain and suffering are intended to compensate you for physical pain, emotional trauma, etc. Many different insurance companies acknowledge these damages — as do the Florida courts — but will often dispute the amount owed.

Punitive Damages 

These are not as common with a truck accident case unless there was egregious negligence on the part of the driver or a large trucking company. In Florida, punitive damages are capped at $500,000 or three times the amount of other damages, whichever is greater.

Semi Truck Accident Lawyer in Fort Lauderdale

Truck accidents in Broward County occur way too frequently. If you were in a car accident with a large truck, you need to hire a truck accident attorney who will fight for your rights. Our Fort Lauderdale truck accident law firm can initiate a claim and a personal injury lawsuit on your behalf. You do not have to pay attorney fees. Tucker Law only gets paid if you receive a settlement or award for your truck accident case. Call today for a free, no-obligation consultation with a Fort Lauderdale personal injury lawyer.

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