What Does a Truck Accident Lawyer Do?

Key Highlights

• A truck accident lawyer is responsible for investigating commercial trucking accidents and determining who was responsible for causing the accident.
• Truck accident claims include issues involving federal regulations governing the trucking industry, corporate defendants, and a complex web of insurance issues.
• There may be several parties responsible for an accident, which may include a trucking company, the truck driver, the manufacturer, and/or any maintenance provider.
• Under Florida law, truck accident victims may be able to collect damages even if there is a dispute over who caused the crash.
• Having an attorney represent you shortly after the accident will greatly increase the chances of obtaining a larger settlement and preserving critical evidence.

What Does a Truck Accident Lawyer Do in Florida?

Most folks in Florida don’t know that once they’re in a truck accident, it can take just a few hours until the trucking company has deployed their investigators, lawyers and insurance adjusters to start working against them on their claim. Most people don’t understand that actions, such as giving a recorded statement or waiting too long to get a semi truck accident lawyer, can severely hurt your case for damages suffered due to an injury caused by a commercial truck accident attorney. The laws governing these types of accidents differ widely from the laws governing the average car accident due to the federal FMCSA  regulations, layered insurance policies and complex liability structures.

I’m Alex J. Kompothecras, and as an attorney with Alpha Law Group, I have represented many individuals throughout the state of Florida who have been injured in serious truck accidents. Most clients are shocked to learn that many times, even if a truck caused the crash, the question of fault is often in dispute. Unless you have the chance to collect the critical evidence (like black boxes, driver logs and maintenance records) quickly after a crash, those items may not be available at the time your claim is made to recover damages.

The goal of the Alpha Law Group is to educate and protect those who have been injured. By understanding what a truck accident attorney does, and why obtaining an attorney’s assistance as soon as possible after the accident is critical, the injured persons can differentiate between being denied their claims or obtaining full compensation for their injuries.

What Does a Truck Accident Lawyer Do?

When you hire an attorney after being involved in an accident involving a truck, that attorney will handle everything related to your personal injury claim so that you can focus on taking care of yourself while healing during this difficult period in your life.

Key Responsibilities of Truck Wreck Lawyers

• Investigate the Crash: Truck accident lawyers Florida conduct extensive on-site evaluations and review reports on the occurrence as well as witness statements to aid in determining what caused an auto incident. They will look at the extent of damage caused to the truck in the event of the accident. Along with the physical evidence collected related to the crash, they will also utilize all electronic systems found within the vehicle, such as Black Boxes, GPS Tracking devices, and Electronic Driving Logs. These sources are invaluable in helping truck driver accident lawyers understand how the accident occurred and what led up to it.
• Identify Liable Parties: The attorney for a truck accident will determine who the parties are that might share responsibility. While the driver may be held liable for the collision, additional liability may extend to trucking companies, employers, vehicle maintenance providers, cargo loaders, and vehicle manufacturers. Determining the correct parties involved in a commercial truck accident lawyer is extremely important due to the fact that most cases of commercial trucking involve several different insurance policies.
• Preserve Critical Evidence: An attorney who handles trucking accident lawyer will send a letter to a truck company requesting the company preserve all evidence of the accident (including driver logs, maintenance records, inspection reports, etc.) and keep them from being destroyed. Failure to send a preservation letter can result in loss of valuable evidence within days.
• Consult Expert Witnesses: Truck accident law firms work with accident reconstruction experts, medical professionals, vocational specialists and economists to develop strong legal arguments to demonstrate to a jury the extent of the victim’s injuries, their expected future medical expenses, and their ability to work in the future.
• Understand Trucking Laws: Trucking accident attorneys are knowledgeable regarding the federal and Florida state laws governing commercial trucks and the regulations established by the Federal Motor Carrier Safety Administration (FMCSA). Negligence is frequently determined by trucking law, and as a result, it is necessary to prove negligence in order to establish liability.
• Handle Insurance Companies: Truck accident lawyers handle all communications with powerful corporate insurance companies, preventing victims from being misquoted or intimidated into accepting an unfair settlement.
• Calculate Damages: Truck accident lawyers will thoroughly calculate the damages associated with a trucking incident such as medical expenses, future medical treatment, lost wages, loss of earning capacity and property damage as well as their client’s non-economic damages (losses) such as pain and suffering.
• Negotiate or Litigate: Truck accident attorneys will advocate vigorously on behalf of a client in negotiations with the insurer in an attempt to reach an equitable settlement; however, if negotiations fail, a truck accident attorney will file a lawsuit against the responsible party and present the case through a judge and/or jury trial.

What Happens When a Truck Driver Has an Accident?

Multiple investigations will commence immediately upon the occurrence of an accident involving a commercial truck. The trucking company’s insurer will send adjusters and defense attorneys to the scene, as well as start collecting evidence almost immediately.

Attorneys who work with truck accident victims realize that these steps taken early on are typically created to protect the trucking company rather than the victim or injured party. If the victim does not have an attorney representing them, they may inadvertently hurt their claim by doing something that might later cause them to lose their right to compensation.

Common Causes of Truck Accidents in Florida

There is very seldom a way to completely avoid truck accidents, given that they can often be prevented by taking steps to avoid the most common contributing factors. Among these factors are:

• Fatigue and hours-of-service violations
• Distracted/unimpaired driving
• Excessive speed/reckless driving
• Improper loading of cargo
• Brake/tire malfunction
• Poorly maintained truck
• Inadequate training of the driver

A truck accident lawyer will investigate all possible causes in order to assign liability.

Who Can Be Held Liable in a Truck Accident?

Under truck accident law, people injured in truck accidents may file claims against the following parties:

• Cargo loaders
• Trucking Firms
• Truck Drivers
• Trucking Companies
• Drivers’ Employers
• Truck or Parts Manufacturers

Identifying all parties that may be liable is an integral part of receiving full compensation for your injuries.

What Compensation Can a Truck Accident Lawyer Recover?

A truck accident attorney in Florida may be able to recover compensation for you or your family members for:

• Emergency and long-term medical bills
• Rehabilitation and therapy
• Lost wages and future earnings
• Pain and suffering
• Mental anguish
• Permanent disability or disfigurement
• Wrongful death damages for victims who died as a result of the trucking accident.

How Long Does a Truck Accident Lawsuit Take?

The duration of truck accident lawsuits depends on the level of injuries sustained, the level of dispute regarding liability and insurance companies cooperation. Some claims may resolve within months while more complicated cases may take longer to resolve if litigation is necessary. Professional truck accident attorneys always attempt to resolve cases in an efficient manner without compromising their value.

Case Study: Holding a Trucking Company Accountable in Florida

By Attorney Alex J. Kompothecras, Alpha Law Group

After suffering serious injuries in a commercial truck collision on I-75, an individual from Florida found Alpha Law Group and reached out to us for help. The trucking company’s insurance company immediately denied responsibility for the accident, claiming that the injured party “changed lanes suddenly”, causing the crash. In addition, the insurance company delayed payment of medical bills and questioned the extent and severity of the client’s injuries.

Our goal was to discover all liable parties, preserve evidence, and prove that the trucking company was negligent due to multiple reasons. We quickly obtained the Black Box Data, driver logs, and maintenance records from the truck to support our client’s case. Through our investigation, we discovered that the driver of the truck had committed multiple violations regarding hours of service and also failed to maintain the vehicle’s safety. We also retained the services of accident reconstruction specialists to assist in establishing the relationship between the driver’s fatigue and his inability to apply the brakes in time to avoid hitting our client.

Result:

After reviewing all of the evidence, the trucking company accepted its liability. Therefore, our client was able to settle their case and receive full recovery for medical expenses, lost wages and pain and suffering without having to go through an extended trial process.

Speak With a Florida Truck Accident Lawyer Today

When a truck accident occurs, it is not your typical car crash. Truck accidents involve Federal Regulations, powerful insurance companies, and high monetary stakes associated with claims against trucking companies. Just when you think you know who was at fault for the accident, the trucking company will more than likely aggressively defend the claim. Knowing what does a construction truck accident lawyer do and getting early legal advice can protect your rights and your future.

At Alpha Law Group, the attorneys have stood up to trucking companies all across Florida. If you have been hurt in a truck accident, getting early advice from an attorney will make a huge difference.

Call (941)-304-1500 today for a free consultation and get clear answers about your options.

Frequently Asked Questions

Do I need a lawyer for accident?

As trucking accidents can have complications due to the number of parties involved, you need to have an attorney who will represent you in your interest as you work toward receiving financial compensation for the injuries you sustained in the trucking accident.

When should I call an accident lawyer?

You should contact a truck accident attorney as soon as possible following the completion of your medical treatment so they can begin collecting all the necessary evidence on your behalf, so that no insurance company will be able to aid you with your financial claim.

How long does a truck accident lawsuit take?

Truck accident lawsuit timelines will vary based on the specific details of each case. A truck accident lawsuit for a simple car accident might be settled within several months, whereas truck accidents resulting in severe injuries or liability disputes may require longer time frames to reach a settlement or complete a trial.

What is a reasonable settlement offer?

The settlement value of a truck accident claim should include payment for medical expenses already incurred, as well as future medical expenses as needed; lost wages because of the truck accident-related injury; and any pain and suffering as a result of the truck accident-related injury, determined by an experienced truck accident attorney.

What not to say to your attorney?

Always be truthful and not withhold facts and truth. Be upfront if you are injuring someone or exaggerating, so that your Truck Accident attorney can prepare and develop the most credible and factual evidence for your truck accident claim.