Orlando Truck Accident Attorney
Trucking accidents are often catastrophic and inflict long-lasting physical pain, emotional grief, and misery. We understand the impact that these devastating accidents can have on you and your family and we want to help you through this difficult time.
At Farah & Farah, we want to learn about your accident and relieve the financial and emotional burden you’re facing. Our Orlando truck accident lawyers are dedicated to handling your case so that you can focus on getting your life back.
Call us at (407) 329-5054 or use our contact form today for a free consultation. We want to be in your corner during this challenging time so you don’t have to live through it alone.
What to Expect From Our Trucking Accident Attorneys
When you choose Farah & Farah, you’ll be able to focus on your rehabilitation because our trucking accident attorneys in Orlando will manage every aspect of your case. Our team will focus on:
- Negotiating medical bills.
- Investigating the scene of the truck accident and gathering all the evidence for your case.
- Finding you a competent doctor for treatment and to document your injuries.
- Handling all paperwork from insurance companies and medical providers.
- Fighting for the maximum possible verdict or settlement.
Differences in Truck Accidents vs. Car Accidents
With the average car accident, the cause will generally be straightforward human error. With trucking accidents, a significant amount of responsibility for an accident will still fall on the driver, but it may be indirect. For example, truck drivers are legally allowed to drive up to 11 hours in one stretch and may work more than that.
Equipment failure plays a significant role in trucking accidents but that doesn’t automatically free the driver from liability. Pre-trip inspections are the responsibility of the driver to ensure that equipment is functioning properly. If there was a failure that should have been reported by the driver prior to their trip, responsibility would likely fall to them.
The equipment failure could also implicate the trucking company if proven that they acted negligently to maintaining the equipment. Any evidence gathered at the scene can help prove negligence to both the company and driver.
How Much is My Truck Accident Case Worth?
Since every accident is different, there is no systematic process for determining the amount of money associated with each case. Fortunately, there are some damages that are easy to calculate, while others require an understanding of the law.
Easily calculated expenses include such things as past & future medical bills, lost earnings, lost earning capacity and property loss. The documented damages inflicted give merit to the case.
More difficult damages to prove include intangible harms, such as pain & suffering, mental anguish, disability, loss of enjoyment of life and inconvenience. Although the evidence is more susceptible to interpretation, our attorneys can increase the worth of your case through these types of damages.
How Much Does a Trucking Accident Lawyer in Orlando Charge?
At Farah & Farah, we provide counsel on a contingency fee basis. It means that we only collect legal fees if we successfully win your case instead of charging you upfront.
We’re not here to add to the financial trouble you might be experiencing. Our services are risk-free and you won’t have to pay directly for any of our costs throughout your truck accident claim.
Steps to take after a truck accident
Getting into a truck accident is scary and confusing, but there are some steps you need to take in order to ensure you are taken care of. Many of these steps are the same as any other vehicle accident, but others are particular to truck crashes.
Stop, report the incident, and ensure the injured get treated. If you have been in a truck accident, you need to make sure you stay at the scene, even if you are not injured and suffered little to no property damage. Make sure the police are called and EMS comes to help anyone wounded. In Florida, the law required those involved to provide “reasonable assistance” to those injured in a crash. All truck crashes which result in death, injuries, or inoperable vehicles must be reported to law enforcement.
Secure important evidence and information. If you are able to do so, you should take photographs of the scene. Use your phone or another camera to photograph any damages or injuries, causes of the crash, road and traffic conditions, and more. Ask police how to obtain all accident reports and do so. You will also want to obtain all driver and company safety and maintenance logs and records.
Contact Farah & Farah.
Our experienced Orlando truck accident lawyers can help you determine potential liable parties and we will evaluate and investigate who the truck companies insurance carrier is and determine the best course of action for your case.
Unlike regular passenger vehicle accidents, commercial truck crashes could involve many liable parties. In cases involving a passenger vehicle and a commercial truck, the following parties may have liability:
- Truck driver
- Truck company
- Owner of the trailer
- Contractor the driver works for
- Shipper or broker who hired the driver/truck
- Third party companies that inspected the truck
- Auto mechanics that services the truck or trailer
- Manufacturer of the truck or trailer
Determine liability. Once you figure out the potentially liable parties, you need to determine the amount of liability each party has (or did not have). You can be sure that the truck driver or truck company’s insurance carrier will work to show that you were partially or even completely liable for you own injuries.
Be aware of the truck company’s insurance policies. In many cases, truck companies have insurance policies that cover $1 million or more for a single accident. In many cases, they end up offering much less that what you could be getting. Familiarizing yourself with Florida commercial vehicle insurance requirements and the company’s policies is a good way to ensure you are getting a fair settlement.
Your Orlando truck accident attorney will be able to handle most of this work for you. A skilled and knowledgeable attorney understands how important these factors are when it comes to securing a fair settlement for all of your crash-related expenses.
Truck accident causes
There are various ways that truck accidents occur. The Federal Motor Carrier Safety Administration and the National Traffic Safety Administration (NHTSA) conducted the Large Truck Crash Causation Study to thoroughly examine the reasons for serious crashes involving trucks weighing more than 10,000 pounds. There were hundreds of factors involved in the study. However, the top 10 coded factors for large trucks and drivers in accidents were:
- Brake problems
- Traffic flow interruption (congestion, previous crashes on the roadway)
- Prescription drug use
- Traveling too fast for conditions
- Unfamiliarity with the roadway
- Roadway problems (poor maintenance, roadways, construction, etc.)
- Required to stop before crash (traffic control device, crosswalk)
- Over-the-counter drug use
- Inadequate surveillance
When we look at the list above, we see that many serious truck accidents are preventable. It is vital that all truck drivers follow FMCSA regulations concerning how many hours they can drive at a time. They should never drive while distracted or while impaired by alcohol or drugs (including OTC and prescription drugs).
Trucking companies must regularly inspect and maintain their vehicles in order to prevent vehicle failure of to any of a truck’s systems. Truck companies should follow regulations regarding the proper training of all drivers. They should also enforce and follow drug testing requirements when hiring, after a crash, and when they reasonably suspect a driver is using drugs.
What happens if you get into a commercial truck accident while working?
If you are a commercial driver’s license holder, then you are well aware you are held to a higher standard than other drivers on the roadway. Nowhere is this more evident than in the numerous rules and regulations put into place by the FMCSA, the NHTSA, the US DOT, and Florida laws. Due to the size and weight of commercial trucks, and their ability to cause serious damages and injuries, commercial truck drivers must be vigilant on the roadways.
If you are a truck driver involved in an accident, treat the initial incident as you would any other crash. Ensure police are on the way to the scene and that EMS is coming to help anyone injured. Offer assistance to anyone injured if you are able to do so.
Use your phone or another camera to document the scene, including all damages and injuries, the causes of the crash, traffic and weather patterns, etc. This evidence will all be valuable when determining liability in the case.
If you get into a truck accident while working, you can be sure a thorough investigation will be conducted. You will likely be required to submit to a drug and alcohol test as required by law if there was an injury, death, or an inoperable vehicle involved in the crash. Police will conduct an initial accident investigation and assign liability. If you are cited in the crash, you will likely be facing traffic citations or fines under Florida law for whatever violation(s) took place.
If there were injuries or fatalities in the crash, you could be held accountable both criminally or civilly (sometimes both). Much of this will revolve around whether or not your actions were found to be negligent, careless, or intentional.
If you are a commercial truck driver involved in an accident, you should consider securing your own attorney. While your truck company and insurance carrier will have legal teams, that does not necessarily mean they will shield you from a personal injury or wrongful death lawsuit. Securing your own Orlando truck accident attorney can help ensure you are protected throughout this process.
In Florida, the law requires truck drivers to carry larger insurance policies than regular passenger vehicle drivers. Many trucking companies have policies of $1 million or more to cover them and their drivers in the event of a crash.
If another driver was found to be at fault in the truck crash, you will want to make sure you are fairly compensated for your injuries. Just because you were driving a larger vehicle does not mean you were unharmed. Just like any other driver or passenger involved in a crash, you need to ensure you seek medical treatment for your injuries. Obtain copies of all medical records related to the incident. While you may be covered by workers’ compensation insurance, you could be entitled to more benefits if another driver was grossly negligent in your accident.
Contact Farah & Farah Today for a Free Consultation
If you were injured in a truck accident, we’re here to listen to your story. We understand that you and your family are going through a hard time but we’re dedicated to answering any questions you might have about your case.
Call us directly or use a contact form for a free consultation at any time. We offer support 24/7 and are ready to get behind you and fight for your rights.