Williston Truck Accident Lawyer
Truck Accident Injury Claims in Williston
Truck accidents are some of the most dangerous and deadly traffic collisions that can occur on the road. The size and weight of a commercial truck can cause catastrophic damage to other vehicles and their occupants. If you or someone you love has been involved in a truck accident, you may be entitled to compensation for your injuries and losses.
At Schackow & Mercadante, our Williston truck accident attorneys have 126 years of combined legal experience. We have successfully represented thousands of clients in personal injury cases, including truck accident claims. Our team is prepared to fight for you and your recovery.
What to Do After a Truck Accident
After a truck accident, it is important to take the right steps to protect your health and your rights. Here are some things you should do:
- Call 911: Report the accident to the police and request an ambulance if you or someone else is injured.
- Seek Medical Attention: Even if you do not think you are injured, it is important to see a doctor as soon as possible after a truck accident. Some injuries, such as traumatic brain injuries and internal organ damage, may not be immediately apparent. A doctor can evaluate your condition and create a record of your injuries, which can be important evidence in a personal injury claim.
- Document the Scene: If you are able, take pictures of the accident scene, including the damage to your vehicle and the truck, any visible injuries, and any traffic signs or signals. You should also write down the names and contact information of any witnesses to the accident.
- Do Not Admit Fault: When speaking to the police, the other driver, or insurance companies, do not admit fault for the accident. Even if you think you may have been partially to blame, it is important to avoid making any statements that could be used against you later.
- Do Not Give a Recorded Statement: Insurance companies may ask you to provide a recorded statement about the accident. You are not required to do so, and it is generally not in your best interest to give a recorded statement without first speaking to an attorney. Insurance companies are looking for any reason to deny your claim or pay you less than you deserve. An attorney can help you avoid making any statements that could be used against you.
- Call a Truck Accident Lawyer: Truck accident claims can be complex, and it is important to have an experienced attorney on your side. A lawyer can help you understand your rights and options and handle all aspects of your claim so you can focus on your recovery.
Who Is Liable for a Truck Accident?
Truck accident claims can be more complex than other types of motor vehicle accident claims because there may be multiple parties who are liable for the accident. In addition to the truck driver, the trucking company, the truck manufacturer, and other parties may be held liable for a truck accident.
Some of the most common parties that may be liable for a truck accident include:
- The Truck Driver: If the truck driver was negligent in any way and that negligence caused the accident, the truck driver may be held liable for the accident. Examples of truck driver negligence include speeding, driving while fatigued, driving under the influence of drugs or alcohol, and distracted driving.
- The Trucking Company: Trucking companies can be held liable for the negligence of their employees. If the truck driver was working within the scope of their employment at the time of the accident, the trucking company may be held liable for the accident. Trucking companies may also be held liable for their own negligence, such as failing to properly maintain their vehicles or failing to comply with federal trucking regulations.
- The Truck Manufacturer: If a defective truck or truck part caused the accident, the truck manufacturer may be held liable for the accident. Examples of truck defects that can cause accidents include defective brakes, defective tires, and defective steering systems.
- The Cargo Loader: If the truck was improperly loaded and that caused the accident, the cargo loader may be held liable for the accident. For example, if the cargo was not properly secured and it shifted during transit, causing the truck to jackknife or rollover, the cargo loader may be held liable for the accident.
- The Maintenance Company: Trucking companies are required to properly maintain their vehicles. If a trucking company fails to properly maintain its vehicles and that causes an accident, the maintenance company may be held liable for the accident.
In Florida, the statute of limitations for a truck accident claim is generally four years from the date of the accident. If you do not file a lawsuit within this time frame, you will likely lose your right to recover compensation for your injuries and losses.
What Damages Are Available in a Truck Accident Claim?
If you were injured in a truck accident that was caused by someone else’s negligence, you may be entitled to compensation for your injuries and losses. This compensation is known as “damages.”
Some of the most common damages that are available in a truck accident claim include:
- Medical Expenses: You may be entitled to compensation for all past and future medical expenses related to the accident. This can include the cost of hospital stays, surgeries, doctor’s appointments, prescription medications, and more.
- Lost Wages: If you missed work due to your injuries, you may be entitled to compensation for your lost wages. If your injuries are so severe that you are unable to return to work, you may be entitled to compensation for your lost earning capacity.
- Property Damage: You may be entitled to compensation for the cost to repair or replace your vehicle and any other personal property that was damaged in the accident.
- Pain and Suffering: You may be entitled to compensation for your physical pain and suffering, as well as your emotional distress.
- Loss of Enjoyment of Life: If your injuries are so severe that you are unable to enjoy the activities you once did, you may be entitled to compensation for your loss of enjoyment of life.
- Loss of Consortium: If your injuries are so severe that they have affected your relationship with your spouse, you may be entitled to compensation for your loss of consortium.
- Punitive Damages: In some cases, you may be entitled to punitive damages. Punitive damages are not meant to compensate you for your injuries and losses, but rather to punish the at-fault party for their actions and to deter others from engaging in similar conduct. Punitive damages are only available in cases where the at-fault party’s conduct was particularly egregious.
How Can a Truck Accident Lawyer Help?
Truck accident claims can be complex, and it is important to have an experienced attorney on your side. Our Williston truck accident lawyer can help you understand your rights and options and handle all aspects of your claim so you can focus on your recovery.
Some of the ways our firm can help include:
- Investigating the Accident: We can investigate the accident to determine how it occurred and who is liable. This can involve reviewing the police report, interviewing witnesses, reviewing the truck driver’s logbook, and more.
- Gathering Evidence: Our team can gather the necessary evidence to build a strong case. This can include the truck’s “black box” data, the truck driver’s employment records, the truck driver’s driving record, and more.
- Calculating Damages: We can help you understand the full extent of your injuries and losses and calculate the value of your claim. This can include both economic and non-economic damages.
- Negotiating with the Insurance Company: Our attorneys can handle all negotiations with the insurance company to help you recover the full and fair compensation you are entitled to. If the insurance company refuses to make a fair settlement offer, an attorney can file a lawsuit on your behalf and represent you in court.
“I met with Marie Banks to go over Car Accident Preparedness. She was awesome and so full of knowledge. Patient with all my questions and I left her office feeling good about the insurance I had and felt prepared if an accident were to happen. She treated me like family. Thank you! 10 out of 10 would definitely recommend.”
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