Orlando Truck Accident Attorney
- Orlando Truck Accident Attorney Near You
- What Happens After A Truck Accident?
- Who Is Responsible For Truck Accidents In Florida?
- Proving A Truck Accident Case
- Types of Truck Accidents
- Common Causes of Truck Accidents
- Common Truck Accident Injuries
- What Kind Of Damages Can You Recover After A Truck Accident?
- How Much Is A Truck Accident Worth?
- Who Is Legally Responsible For My Truck Accident?
- Truck Insurance Requirements
- Are You At All Responsible For The Truck Accident?
- Contact an Orlando Truck Accident Attorney
Orlando Truck Accident Attorney Near You
Truck and semi-truck accidents often lead to devastating injuries, impacting both your physical and mental health. Moreover, the cost of ongoing medical treatment, therapy, and other associated costs can create financial stress for you and your family. If you want to seek compensation for your injuries after a truck accident, you must act quickly. Seeking Bengal Law’s Orlando Truck Accident Attorney is the right choice. Truck companies often have their own legal defense team that will immediately begin working to limit the trucking company’s liability for your injuries. Insurance companies will try to diminish the value of your claim and pay you less than what you need to make a full financial recovery.
Orlando truck accident attorney Jeff Starker has seen this scenario play out first hand. As a former insurance adjuster and insurance defense attorney, Jeff spent his early career representing insurance companies in an effort to settle claims with personal injury victims for less than they are worth. Jeff brings that experience to successfully negotiate and litigate personal injury claims on behalf of truck accident victims.
It may feel like your world has been upended, but you are not alone.
If you are unsure of where to turn, who to talk to, or even what questions to ask, contact Bengal Law today. Our office offers free consultations, and we represent clients on a contingency fee basis – meaning you don’t pay unless we win.
What Happens After A Truck Accident?
Truck accident cases are complex and require extreme attention to detail. To ensure your case is supported by strong evidence and ultimately successful, there are several things that you and your attorney must do immediately after an accident, including the following:
- Seeking medical treatment for your injuries
- Obtaining a medical diagnosis for your injuries
- Receiving an ongoing treatment plan for rehabilitation
- Sending a letter to the insurance companies, trucking companies, and other parties involved in the accident requesting them to preserve important pieces of evidence
- Enlisting the help of accident reconstruction experts
- Reviewing black box and other accident related data stored by the trucking company involved
- Failing a lawsuit for compensation
There are also several things you should not do after a truck accident. First, you should never speak with an insurance representative without your attorney present. Second, you should not speak with any representatives of the trucking company, truck driver, or truck manufacturer. Third, you should refrain from talking about your case with others, posting about your accident and/or recovery on social media, and participating in activities that may compromise your physical health.
If that sounds like a lot to remember, don’t worry. Your truck accident attorney will be there to guide you every step of the way. At Bengal Law, we will be by your side throughout the entire process from beginning to end. Our team will ensure that all relevant evidence is preserved, and that your rights to compensation are protected.
Who Is Responsible For Truck Accidents In Florida?
Unlike auto accidents, where one driver may be at fault for an accident, multiple parties can be held responsible for a truck accident in Florida. For example, truck drivers who cause a truck accident could be held accountable for your injuries after a truck accident, but so could the truck company, the truck driver’s employer, and even the manufacturer of the truck.
When are each of these parties liable for a truck accident?
In cases where the truck driver violated a traffic law, drove negligently, or disregarded a trucking regulation, the driver may be held personally responsible for damages. In most cases, however, truck drivers may not have sufficient insurance coverage or personal assets to pay for serious truck accident injuries. For that reason, truck accident victims will often seek compensation from the trucking company. Depending on the facts of an individual case, a trucking company can be held vicariously liable for any accidents caused by their drivers while they are on the job.
Examples of situations in which a trucking company is liable for a truck accident include:
- Overloading trucks
- Using a damaged or defective truck
- Failing to inspect trucks before use
- Encouraging drivers to violate trucking regulations
- Requiring a driver to exceed the number of hours he or she can drive at one time
In these cases, responsibility for damages caused by a truck accident would belong to the trucking company directly. For accident victims, this typically means that there is an opportunity to make a full financial recovery for injuries and other associated losses.
Proving A Truck Accident Case
Under the laws applicable to Orlando, victims of truck accidents will usually seek recovery for their damages through a negligence lawsuit. In order to prevail on a negligence lawsuit in Florida, the injured party will be required to prove the following in an Orlando courtroom:
- The truck driver owed a duty of care: Whenever a driver chooses to get behind the wheel, the law requires that driver to behave as a “reasonably prudent person.” While this standard is flexible to the circumstances surrounding each vehicle accident, this typically requires the truck drivers to follow the traffic laws, to only drive if they are not under the influence of drugs or alcohol, and to only drive if they are alert and focused on the road. For drivers of large trucks or semi trucks, these standards are even higher.
- The truck driver violated this duty of care: Next, the injured victim in a truck accident will be required to prove in an Orlando court that the truck driver “violated” this duty of care, or, in other words, that the driver did not behave in the way a “reasonably prudent” person would have behaved in similar circumstances. Using the previous examples, this means that the driver was violating some traffic law or driving while impaired or distracted.
- This violation caused truck accident injuries: Finally, the driver’s violation of his or her duty must have been the cause of your injuries. This fairly simple legal concept is best illustrated by an example: If the driver was sending a text message while driving 30 minutes prior to the truck accident and was otherwise behaving in a reasonably prudent manner at the time of the collision, then the injuries from the truck accident were not “caused” by the negligence of the driver, even though he or she had recently behaved in a negligent manner.
Types of Truck Accidents
Trucks may cause accidents in a number of different ways and vary in terms of severity. Regardless of the type of truck accident that occurs, the potential for grave injury is likely to result considering the physics involved.
Common types of truck accidents include:
- Rollovers due to high winds or sudden driving maneuvers
- Jackknifing when a truck trailer becomes unbalanced
- Overriding or rear-ending
- Underriding due to sudden stop or improperly changed lanes
- Cargo spills caused by improperly loaded cargo
- Runaway trucks when a driver is unable to slow or stop their vehicle
Truck accidents may also be caused by delivery truck drivers as well. In these cases, special rules may apply for seeking compensation for injuries. For example, the process for seeking compensation for injuries may vary depending on whether you are injured by an Amazon delivery driver or a FedEx delivery truck. At Bengal Law, we represent truck accident victims who were injured by truck drivers for:
- Amazon
- FedEx
- UPS
- USPS
- OnTrac Delivery
- Swift Transportation
Regardless of how your accident occurred, or which company was responsible for the accident, you should seek the advice of an experienced Orlando truck accident attorney. Contact Bengal Law today to discuss the facts of your case and determine the best way forward.
Need help? Get a free consultation today. Call Bengal Law at (407) 815-3000.
Common Causes of Truck Accidents
Driver error causes the majority of truck accidents, according to the Federal Motor Carrier Safety Administration. However, truck accidents can be caused by a number of factors such as driver negligence, poor road maintenance, improper cargo loading, equipment failure, and driver fatigue.
Of course, there may be countless other ways in which a truck driver’s negligence could lead to a truck accident. Determining the cause of truck accident injuries is important to a successful resolution of a truck accident case. An experienced Orlando truck accident attorney can look at the facts surrounding the accident and determine the best legal strategy moving forward.
Common Truck Accident Injuries
Truck accidents can cause severe injuries due to the sheer size and weight of semi-trucks and delivery trucks. After a truck accident, it is critical to seek emergency medical attention and receive a proper medical diagnosis. In addition, you should document your injuries with photos and storing medical records.
Here are just a few common truck accident injuries.
Traumatic Brain Injury
Brain and head injuries can range from a mild concussion to traumatic brain injury, or TBI. These types of injuries are nearly impossible to self-diagnose and require the immediate attention of a medical professional. Head and brain injuries can be debilitating, and it is imperative that they are treated as soon as possible.
Cuts and Lacerations
Truck accidents can also cause cuts and lacerations. These injuries are often treated with stitches. Still, cuts and lacerations may lead to permanent scarring, disfigurement, and discomfort. Seeking treatment for these injuries and receiving follow up care is important for making a full physical recovery.
Broken Bones
Considering the size and weight of semi-trucks and delivery trucks, broken bones are common in truck accidents. Broken wrists, legs, ribs and vertebrae may be the result of forceful impact with the interior components of a car. Broken bones require immediate medical attention, and often months if not years of physical therapy.
Spinal Cord Injuries
In the worst truck accident cases, spinal cord injuries may also lead to paralysis – even death. Those suffering from pain in their spine, neck or back after a car accident should seek immediate emergency care for proper treatment.
Wrongful Death
Truck accidents are 10 times more likely to lead to death than typical traffic accidents. No amount of money can replace the loss of a loved one, but the law provides a way to hold those responsible for the death accountable for their actions.
What Kind Of Damages Can You Recover After A Truck Accident?
There are two types of damages that a truck accident victim can recover: economic damages and non-economic damages.
Economic damages cover things such as medical bills, lost wages, and other associated costs as a result of a truck accident. In Florida, you are injured in a truck accident in Florida, you are entitled to seek compensation for these losses in order to make a full financial recovery.
In addition to economic damages, you may also be eligible to claim non-economic damages for your truck accident injury as well. Non-economic damages include things such as pain and suffering, loss of enjoyment of life, and emotional trauma. Non-economic damages can be difficult to calculate.
If you were in a truck accident, but unsure of what kind of compensation you are entitled to, contact Bengal Law today to discuss your case.
How Much Is A Truck Accident Worth?
Generally, truck accidents have a higher value than car accidents. However, the value of any given truck accident claim can vary widely depending on the specific facts of the case. The potential value of your will be determined by the extent of your injuries, the severity of your injuries, lost wages, medical bills, and property damage. Furthermore, the amount of money you can recover may be limited by insurance policy limits.
One of the more important distinctions between car accidents and truck accidents is access to insurance. Unlike car accidents, where drivers sometimes fail to carry insurance in violation of state law, truck companies nearly always have an insurance policy that can pay on any claims. In fact, these policies usually have much higher coverage – meaning that you may be able to recover more from your accident.
It is impossible to place a dollar figure on your case without first speaking with an experienced truck accident attorney. At Bengal Law, we will take a look at the facts of your case (injuries, property damage, lost wages, pain and suffering) and uncover all sources of insurance. Then, and only then, we will be able to calculate the value of your truck accident case.
If that sounds like a lot of trouble to go through before you even know what your case is worth, we want to pout your mind at ease. The consultation, the investigation, and even the insurance negotiations are done by our team at no cost to you unless we win your case. We take these steps to determine the value of your case for one reason: to maximize the compensation owed to you.
You can get started today by contacting our office to schedule an initial consultation.
Who Is Legally Responsible For My Truck Accident?
In a car accident, the driver who caused the accident is legally responsible for any injuries, property damage, and losses that are a result of the accident. In truck accident cases, multiple entities can be held responsible – not just the truck driver.
Possible parties to a truck accident lawsuit include truck drivers, employers of truck drivers, truck owners, truck manufacturers, truck brokers, and repair and maintenance companies. When multiple parties can be held responsible for an accident, each party is responsible for their percentage of fault, which is determined by a judge or jury.
Figuring out who is legally responsible for causing a truck accident can be difficult. That is why the Orlando truck accident attorneys at Bengal Law thoroughly investigate each accident, hire truck accident experts, and accident reconstructionists to evaluate and assess each potential party’s role in your accident.
Truck Insurance Requirements
Did you know that trucking companies have special insurance requirements? It probably comes at no surprise that the insurance requirements for trucking companies is different than insurance coverage required for regular cars.
What does that mean in your case?
In truck accident cases, there may be multiple parties responsible for your injuries, and multiple insurance policies that you can recover from. As you attorneys, our job would begin with uncovering all possible parties to the claim and gathering information regarding the insurance policies for each.
Our strategy to get you compensation will depend on the policy limits. Our ultimate goal will be to secure the maximum settlement for your case (meaning that you got the highest possible amount possible). This is called a “policy limits” settlement. We can only achieve this outcome if we have all of the relevant information about insurance policies from the outset of the case.
Fortunately, you don’t have to figure out which parties were responsible or gather insurance information – that is our job. When you work with Bengal Law, you will be working with an experienced truck accident attorney who knows how to find this information and leverage to maximize your financial recovery.
Are You At All Responsible For The Truck Accident?
As we research the facts of your case, there may be evidence presented that shows you were partially responsible for the truck accident. If that turns out to be true, then our attorneys will do everything possible to minimize the damage to your case. We will:
- investigate the accident,
- gather witness testimony,
- retrieve accident reports and medical documents,
- preserve evidence such as the driver’s schedule, maintenance records, and black box data, and
- gather evidence against the truck driver and other possible parties.
We will then leverage any helpful facts that we uncover to offset any responsibility you share in the cause of the accident.
If you believe that you are responsible for causing a truck accident, do not let it stop you from seeking legal help. Together, we can look at the facts of your case to determine if you have a right to seek compensation for your accident injuries. Don’t delay – there is limited time to act. The sooner we begin working together, the sooner we can begin preserving evidence and building your case.
Contact an Orlando Truck Accident Attorney
You may have questions about your truck accident injuries. Who is responsible? Who will pay my medical bills? Do I have a valid personal injury claim? Can I afford an auto accident lawyer?
Don’t delay consulting with an experienced truck accident attorney. There is a time limitation on when you can file a claim, known as the statute of limitations. If you fail to file your claim within this time period, then you waive your right to seek compensation for your truck accident injuries.
Contact Bengal Law today to find out if you have a truck accident case today.
We want to hear your story
If you have been injured in an accident in Florida, we want to hear your story. We want to know what you want to achieve through legal action. We want to know what you need to feel comfortable and secure as you rebuild the future you have always envisioned for your family. Together, we’ll identify a legal strategy that not only holds those responsible for your injuries accountable, but also helps you make a full financial recovery.
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We’ve helped to recover millions for our clients
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Bengal Law will go the distance for their clients. The whole team is a wealth of knowledge. Let them help you or your family if you’ve been hurt or injured in Florida, you won’t go wrong.
I’ve worked with Bengal Law on many types of cases, all resulting in settlement to clients in excess of six figures. I highly recommend them for representation in auto accident injury cases.
Wow…I can’t rave enough about having had an opportunity for Jeff to take over the case for my family and I. He and his staff were absolutely responsive, transparent, timely and very easy to talk to.
After calling multiple law firms and getting brushed off by everyone, I found Bengal Law and spoke with 2 lawyers right away who made me feel like I had a million dollar team backing me. Thanks!!