Semi-Truck Accident

Florida Semi-Truck Accident Lawyers

Trusting Florida Semi-Truck Accident Lawyers

A semi-truck is the combination of a tractor unit and one or more semi-trailers used to carry freight. They are vital and common sights on interstate roads as they transport all manner of materials and products across the country. Unfortunately, they are also highly dangerous.

In 2019, in Florida, there were more than 33,000 accidents that involved trucks weighing more than 10,000 pounds. Semi-trucks fit into this category. Because of their size and power, collisions with semi-trucks can lead to severe injuries and even fatalities.

If you’ve been dealing with the aftermath of an accident with these powerful vehicles, turn to us at Coffey McPharlin. Our team of Florida semi-truck accident lawyers is here to help.

Common Causes of Semi-Truck Accidents in South Florida

When you combine a semi-truck’s size with driver error or malfunctioning parts, you have disasters waiting to occur. From distracted driving to road issues, there are many reasons these kinds of accidents happen.

Distracted Driving

A driver who is doing anything else while driving is a danger on the road. These days, it’s common to see people using their phones while driving, taking a hand off the wheel to text, or looking away from the road to read a message.

Even if the inattention only lasts a second, it can lead to catastrophic accidents, especially when semi-trucks are involved.

Fatigued Driving

Commercial drivers have to take certain mandatory breaks to avoid driving while fatigued, but the problem still exists. Drowsy driving is a factor in 13% of truck crashes around the country. When a driver is tired, they’re slower to react to hazards and may even lose control of the vehicle.

Intoxicated Driving

Being under the influence of alcohol or drugs affects a driver’s reaction times and coordination. Although by law, truck drivers are only allowed to have a blood alcohol concentration below 0.04%, even a small amount of alcohol could be enough to cause serious accidents.

Truck Malfunctions

Sometimes, the accident is the result of a truck part not functioning as it should. All commercial trucks have to be inspected and maintained so that they’re safe to operate on the road, but if corners are cut, issues can arise while the driver is behind the wheel.

If a truck malfunctions because of maintenance issues, the company that performs the maintenance could be liable. In some instances, loading companies also do a negligent job of arranging the goods that have to be transported. If the goods shift during transport, they can imbalance the truck and cause it to tip or become unwieldy.

Road Conditions

Roads that have not been maintained correctly are a problem for large vehicles like semi-trucks. Hitting a pothole at significant speeds with a heavy vehicle could make the driver lose control. The same thing can occur if the road’s pavement is uneven.

The Long-Term Impact of Semi-Truck Accidents

Victims of semi-truck accidents often endure long-term physical, emotional, and financial struggles. These accidents can lead to a range of lasting effects, such as:

• Chronic Pain: Many victims suffer from ongoing pain due to injuries sustained in the crash, which can affect their daily lives and overall well-being.
• Permanent Disability: Severe injuries can lead to permanent disability, limiting a victim’s ability to perform everyday tasks or return to work.
• Loss of Ability to Work: In some cases, injuries are so severe that victims can no longer work, leading to a loss of income and long-term financial insecurity.
• Emotional and Psychological Effects: The trauma from a semi-truck accident can result in anxiety, depression, and a reduced quality of life as victims cope with the emotional aftermath of the incident.
• Long-Term Medical Needs: Ongoing treatments and rehabilitation may be required to manage injuries, adding to the physical and financial burden on the victim and their family.

Given the significant and lasting impact of semi-truck accidents, it is essential for victims to seek compensation to cover both immediate and long-term costs. Working with a skilled semi-truck accident lawyer is crucial to ensure that victims receive the financial support they deserve.

The Role of Trucking Companies in Accidents

Trucking companies have a critical responsibility to ensure that their drivers are properly trained, their trucks are well-maintained, and their goods are securely loaded. When a trucking company fails in any of these areas, it can lead to accidents. For instance, if a truck is poorly maintained and a mechanical failure occurs, the company may be held liable for not adhering to maintenance protocols. Similarly, if a driver is not properly trained and causes an accident, the trucking company could be responsible for neglecting its duty to ensure that the driver was capable and qualified.

How Trucking Companies Attempt to Avoid Liability?

After an accident, trucking companies and their insurance carriers often do everything they can to minimize the amount they pay out. They may argue that the accident was the driver’s fault alone, or they may try to blame road conditions, other drivers, or even the accident victim. They may also offer quick settlements to avoid larger payouts. This is where the experience of a semi-truck accident lawyer is essential. At Coffey McPharlin, we know these tactics and will thoroughly investigate the incident to ensure that all responsible parties are held accountable. We will not allow trucking companies to avoid liability for their negligence.

 

The Importance of a Thorough Investigation

Truck accidents often involve complex circumstances, including multiple parties, varying evidence, and unique legal issues. A thorough investigation is key to identifying all factors that contributed to the crash. Our team at Coffey McPharlin takes the following steps to ensure a comprehensive investigation:

• Collaborating with Accident Reconstruction Experts: We work with professionals who help piece together the events leading up to the accident.
• Reviewing Driver Logs: Examining the truck driver’s log for information on driving hours, routes, and stops.
• Analyzing Maintenance Records: We check if the truck was properly maintained and whether any malfunctions contributed to the accident.
• Examining GPS Data: We use GPS data to track the truck’s movements and speed, providing valuable insight into the crash.
• Collecting Other Crucial Information: We gather all relevant data, including eyewitness statements and any available video footage, to build a strong case.

With a comprehensive investigation, we ensure that all liable parties are held accountable for the accident.

Types of Compensation You May Be Entitled To

Victims of semi-truck accidents may be entitled to compensation for a wide range of losses. This includes medical expenses for both immediate and future treatment, lost wages due to time off work, and pain and suffering for the emotional toll caused by the accident. If your injuries are severe, you may also be entitled to compensation for future medical care or long-term disability. Additionally, in cases where the trucking company or driver was grossly negligent, punitive damages may be awarded as a way to punish the responsible party and prevent similar incidents in the future. A semi-truck accident lawyer will help ensure that you receive full compensation for all of your losses.

What to Do Immediately After a Semi-Truck Accident 

Immediately after a semi-truck accident, there are crucial steps you should take to protect your health and legal rights. First and foremost, seek medical attention, even if you don’t feel injured right away. Many injuries, such as whiplash or internal injuries, may not be immediately obvious. Secondly, contact law enforcement and file an official police report, which will be critical for any future claims. Take photos of the accident scene, including the vehicles involved, any damage, and visible injuries. If possible, collect contact information from witnesses. Finally, contact a Florida semi-truck accident lawyer as soon as possible to ensure that your case is properly handled and that you are not taken advantage of by the insurance companies.

Do You Need South Florida Semi-Truck Accident Lawyers?

Since Florida is a no-fault state, you may think that getting a semi-truck accident lawyer to help you through a claim isn’t necessary. That decision could end up costing you the compensation you deserve.

Truck accidents can be complex since they often involve a number of parties who could all be liable. Why does that matter if you’ll be claiming compensation from your own insurance? It matters because your personal injury protection might not cover the losses you’ve suffered.

An accident involving a semi-truck can lead to catastrophic injuries, including traumatic brain injuries. These leave you with ongoing medical needs and sometimes the inability to return to work.

The only way to get compensation for these substantial losses is to sue the parties involved, and that means getting Florida semi-truck accident lawyers to help you. With a truck accident lawyer, you can effectively show that the other party was negligent.

To do this, your truck accident lawyer will have to prove that the party had a duty of care and breached it. For example, if the driver was intoxicated, they breached their duty to drive safely and follow all traffic laws. Then, you have to show that those actions led to the injuries you suffered and that you can be compensated for those losses.

You don’t want to tackle any of this on your own, so make sure to reach out to a semi-truck accident lawyer as soon as possible.

Florida’s No-Fault Insurance System and Its Limitations

Florida operates under a no-fault insurance system, which means that individuals involved in an accident typically file claims through their own insurance regardless of who was at fault. However, when it comes to serious accidents involving semi-trucks, this system often falls short. Severe injuries caused by truck accidents may exceed the coverage provided by your personal injury protection (PIP) insurance. In these cases, pursuing compensation from the responsible parties, such as the truck driver, trucking company, or maintenance company, is essential. A skilled semi-truck accident lawyer will guide you through this process, ensuring that you receive the compensation you deserve beyond the limits of Florida’s no-fault system.

Turn to Coffey McPharlin for Help

The aftermath of a semi-truck accident is often devastating. You could have suffered injuries, significant property damage, and many other losses. If another party caused the crash, turn to Fort Lauderdale semi-truck accident lawyers for assistance.

At Coffey McPharlin, we provide the guidance you need to get fair compensation. We will help you gather the necessary evidence to prove the other party was negligent and handle the negotiations on your behalf. Get started today by calling us at (954) 289-6316.

Frequently Asked Questions

• Can I still file a claim if the truck driver was not at fault?

Yes, even if the truck driver was not directly at fault, you may still be able to pursue a claim. This could include cases where the accident was caused by a maintenance issue, poor road conditions, or a failure by the trucking company. Your semi-truck accident lawyer will investigate all possible causes to determine who is legally responsible.

• What should I do immediately after a semi-truck accident?

Immediately after a semi-truck accident, you should seek medical attention, even if you don’t feel injured. Contact law enforcement to file a police report, take photos of the accident scene, and gather witness information. It’s also critical to contact a lawyer as soon as possible to preserve evidence and begin building your case.

• Can a trucking company be held responsible for an accident even if the driver is an independent contractor?

Yes, trucking companies can be held liable for accidents caused by independent contractors under certain circumstances, such as if the company failed to properly vet or train the driver, or if the accident was due to the company’s negligence, such as poor maintenance of the truck.