If you or someone you love was in a car accident with a tractor-trailer, semi-truck, 18-wheeler, or commercial truck, you will want to work with a Tampa, Florida truck accident lawyer who has the knowledge necessary to handle this type of injury case. There is more to these complex claims than proving the driver’s negligence most of the time.
At Distasio Law Firm, our tampa personal injury lawyers provide complimentary case reviews and consultations for accident victims and their families. Our personal injury attorneys can help you better understand how these cases work and how our team can manage your case while you focus on healing from your injuries. You can learn more during a free consultation today.
What Damages Can You Claim in a Truck Accident Lawsuit?
After a Tampa truck crash, your commercial vehicle accident lawyer can file a claim to recover damages for your related expenses. This includes:
Medical bills
Lost wages
Property damage
Other accident-related expenses
In addition to the financial losses, there are devastating emotional losses you can also claim, including:
Loss of enjoyment of life
Isolation
Depression
Emotional Distress
Physical and mental pain and suffering
You could also be compensated for future medical treatment costs and future wages you will lose if your injuries mean you won’t be able to work. Our knowledgeable Tampa truck wreck lawyer team will evaluate the actual cost of these injuries when building a case to hold the liable parties accountable.
Wrongful Death Actions in a Commercial Truck Accident Case
Wrongful death cases can be complex, but we navigate the process to recover compensation for financial losses, economic costs, and intangible harm that surviving family members suffered.
Act Quickly to Ensure You do Not Miss Key Deadlines
You need to know about several deadlines that occur after a truck accident case. Under Florida Statutes § 627.736, you only have 14 days to seek treatment for your injuries after a crash. Most people with serious injuries see a doctor immediately, but others put it off if they do not think they require emergency medical care.
Seeking treatment is a critical part of proving your claim and collecting damages. Our diligent Tampa semi-truck crash attorneys will ensure you have the medical documentation you need to settle your case. However, this is only possible if you see a doctor quickly following your crash.
We will help to ensure the insurance company will pay for all of your medical bills and other expenses related to your injuries. If you wait too long, you may miss out.
If you or a loved one were injured in a truck accident, contact us online or call to schedule an appointment for a free consultation.
Steps to Follow After a Trucking Accident
Accidents with large commercial trucks are often rattling on many levels. As is obvious, if you are hurt or injured from an accident, you should make your best effort to call 9-1-1 and request emergency medical services right away. If you are not injured, but you have reason to believe that another party involved in the accident suffered injuries, then calling medical help can make all the difference. Reporting the incident to local law enforcement will also help to ensure that the accident is properly recorded for legal purposes.
You should make sure that you obtain the contact information of any other parties involved in the accident. Gathering a truck driver’s company information, as well as their personal information, will assist legal teams in their investigations, which can often be quite detailed in accidents of this kind.
The Federal Motor Carrier Safety Administration (FMCSA) shows there is a complex investigation process behind any large truck accident. As part of this investigative process, a company’s approach to its load sizes will be examined. The participation of the trucker will also come into question in most cases. If a driver tries to carry too much cargo without notifying their employer, then responsibility may fall to them. If, on the other hand, a company carelessly thrusts cargo onto one of their commercial vehicles, then they may bear the legal ramifications that follow a truck accident.
After an accident, contacting legal help will allow truck accident attorneys to start the process of gathering evidence and other pertinent details. The outcomes of accidents with large trucks bearing oversized loads are often catastrophic. A lawyer will seek to see that justice is met on your behalf. A proactive oversized loads truck accident lawyer in the Tampa area from Distasio Law Firm will examine the evidence, establish liability, and pursue any compensation that you may be entitled to. To speak to a member of our office about your situation, call us today.
Learn More About Your Legal Rights After a Truck Crash
Hire Distasio Law Firm, a commercial truck collision lawyer with the experience to file a claim or lawsuit for your injuries in a Tampa truck accident.
If you or a loved one was hurt in a truck accident, you should speak with an experienced Tampa truck accident attorney right away. A personal injury lawyer can explain what you may be entitled to under Florida law. For example, you might be eligible for compensation for lost wages, medical bills, property damage, and other expenses.
In addition, there are deadlines for suing the liable parties in a Hillsborough County civil court or another jurisdiction in Florida. They include:
14 days to report the crash
30 days to file a lawsuit
60 days to serve the complaint on the defendant(s)
The statute of limitations for filing a wrongful death action is two years from the date of death.
Wrongful death: 2 years, per Florida Statutes § 95.11(4)(d)
For a free legal consultation with a semi-truck accident lawyer serving all of the Tampa Bay, call now.
Working with Distasio Law Firm on Your Tampa Truck Accident Claim
At Distasio Law Firm, our team takes pride in our commitment to putting clients first. If you choose to work with our team, you can expect to experience The Distasio Personal Touch every step of the way. We have strict internal rules for client communication, and our client testimonials show how much our previous customers appreciate that. This includes being available to answer your questions and discuss your case. We will help determine if the truck driver was at fault; we will work with the insurance company and your doctors and review your medical records and medical expenses.
Our semi-truck accident attorney offers services on a contingency basis. This means it will not cost you anything upfront. Instead, we will agree on a percentage of any settlement or award that our team collects. Then, we receive this sum after your case. If you don’t win, we don’t get paid.
Truck Accident Claims Require Evidence to Prove Several Things
When you work with a lawyer on your truck accident claim, he or she will use their experience handling other similar commercial vehicle accident claims to take all the necessary steps to prove your claim for seeking compensation. He or she will gather evidence to prove:
You suffered serious injuries and can pursue a fault-based claim.
The truck driver acted negligently, causing your accident.
The trucking company meets the criteria to be vicariously liable in your claim.
You suffered injuries, expenses, losses, and other damages as a result of the accident.
Each of these requires us to investigate your injuries, accident, and the surrounding circumstances, and collect evidence to support your claim. Only once we can prove all of these things can we pursue a payout based on the value of your damages.
Types of Evidence You May Need to Prove Your Claims
When building clients’ truck accident cases, many lawyers often do their investigative work to retrieve materials so they can prove key facts surrounding the accident’s events. Examples of evidence include:
Video footage of the accident, such as from traffic cameras or surveillance cameras
Black box information from the truck
Witness testimony
Driving logs the at-fault driver filled out
The official crash report from law enforcement
Analysis from an accident reconstruction expert and other industry professionals
Certain evidence may be collected to prove what caused the accident. The Federal Motor Carrier Safety Administration (FMCSA) lists common driver-related causes as driver fatigue, distracted driving, substance abuse, or incompetent driving due to lack of training. Your lawyer may search for evidence related to these causes, such as breathalyzer results or cellphone records.
An Attorney May Be Able To Recover Overlooked Damages
In many instances, it is not just the stress relief and time saved that makes it worth hiring a truck accident lawyer. It may also be worth it because you could recover more compensation in your settlement, despite having to pay the law firm for its services. Many truck accident attorneys can identify and prove damages that the victims might overlook.
While current medical treatment costs, lost wages, property damages, and out-of-pocket expenses are relatively easy to prove, it is sometimes easy to overlook a receipt or bill. In addition, there are many other types of recoverable damages that are commonly forgotten or difficult to value properly, which may include:
Future medical care costs
Ongoing care costs
Future lost wages or reduced earning ability
Smaller expenses, such as rental car costs, parking at the hospital, etc.
Pain and suffering damages
Other types of intangible losses
While you hopefully have never been a victim of a truck accident before, we have handled many claims similar to yours. We have a good understanding of the types of losses victims often experience and how to document them for an insurance claim or lawsuit. We also know how to put a fair settlement value on your claim, even your intangible, non-economic damages.
When we handle your claim, you will pay a percentage of your settlement to us. However, because we often seek overlooked damages and negotiate until we reach a just settlement, we often recover more for our clients than they would have settled for without our representation.
When Should You Call a Lawyer for Truck Accident?
We recommend truck collision victims reach out to us as soon as possible following an accident in Tampa. You may not be able to call due to your injuries, but we can also speak with a loved one who makes a call on your behalf.
The sooner you call us, the sooner we can go to work. We need to begin preserving the data and evidence necessary to prove your case and get you a settlement as quickly as possible. The trucking company has a lot of evidence, and it may not benefit them to ensure it is safe.
What to Ask a Trucking Accident Lawyer
When you speak with our team during your free consultation, we will explain:
Your rights
Your legal options
How our team can help
The likely liable parties
The claims process
What happens if we cannot reach a settlement
Our contingency fee policy
We will also answer any related questions and listen to your concerns about your case.
Questions Truck Accident Victims Should Ask When Seeking a Lawyer
If you speak with a law firm, you’ll want to ask the following questions:
Have you handled truck accident lawsuits before?
Who is responsible for my damages?
What damages can I recover?
Have you successfully negotiated with corporations?
How will you get my financial settlement?
Will you take my case to trial?
You may find that any other attorney or law firm you talk with cannot give you the same satisfactory answers and confidence in their abilities that our team can. Most truck accident claims will never end up in court because the trucking company will negotiate a settlement. However, if they don’t, you need an attorney with trial experience. At Distasio Law Firm, we won’t hesitate to bring them to trial.
Common Causes of Commercial Truck Accidents in Tampa
Distracted Driving
A distracted driving crash occurs when someone is using a phone, texting, eating, drinking, or doing something else while behind the wheel. It is illegal to use a cell phone while operating a vehicle. Even talking on a hands-free device is dangerous. Your eyes should be focused on the road ahead and not on your phone.
Driver Fatigue
Driver fatigue is a common cause of accidents. Many people do not realize that they are tired until after they have been involved in an accident. Some drivers fall asleep at the wheel, others simply become sleepy. Either way, it is important to make sure you stay awake so you can avoid crashes.
Speeding
Speeding is another major cause of truck accidents. According to the National Highway Traffic Safety Administration (NHTSA), speeding accounts for nearly 30 percent of all fatal motor vehicle collisions. Speeding causes more than 1,000 deaths each year.
Driver Negligence
If you were injured in a truck accident caused by the negligence of another driver, you could be entitled to compensation. This includes negligent acts such as failing to yield right of way, running red lights, crossing into opposing traffic lanes, and tailgating.
Improper Loading
Improper loading is one of the most common causes of truck accidents. While there are many different types of loads being transported today, improper load handling is still a leading cause of truck accidents.
Defective Parts
Defective parts are also a leading cause of truck accident injuries. For example, defective brakes can fail to cause a crash. Other examples include faulty steering components, tires, and cargo.
Drowsy Driving
Drowsy driving is another common cause of truck accidents. Drivers often drive while feeling drowsy. They may feel groggy, fatigued, or even drunk. When this happens, it is very difficult to concentrate and react quickly enough to prevent a crash.
Faulty Equipment
Faulty equipment is another common cause of accidents. For example, poorly maintained trucks or trailers can lead to problems like loose brakes, worn-out tires, and broken axles. These issues can cause serious injury if they occur during a collision.
Failure To Follow Traffic Laws
Failure to follow traffic laws can result in severe injury by a negligent driver. For example, failure to signal properly can lead to rear-end accidents. Likewise, our Tampa pedestrian accident lawyers deal with many cases where a driver’s failure to stop at a stop sign or crosswalk can cause pedestrians to get hit by vehicles.
How Is Negligence Established in a Truck Accident?
After a semi-truck hit you and caused injuries, you may be wondering how negligence is established in a truck accident. You and your attorney will investigate the facts that led to the crash, seeking to show that the truck driver violated traffic laws or made another mistake behind the wheel, leading to the accident.
By showing that the trucker behaved negligently, you will be eligible to seek compensation for your pain, suffering, medical bills, lost wages, and emotional trauma related to your injuries from the accident.
If you cannot prove negligence on behalf of the truck driver, or if the facts in the case do not show that the trucker was at fault, you may not be able to make a claim against the truck driver’s insurance or the truck owner’s insurance.
Starting the Investigation
Although the semi-truck is quite a bit larger and heavier than the majority of vehicles on Florida roads, the truck driver is not automatically declared negligent after an accident with a car. Even if the driver and passengers in the car suffer life-threatening injuries, and the truck driver walks away from the crash with no injuries, those facts alone do not indicate the truck driver is negligent.
Instead, after a crash in which you suffered an injury, you and your attorney will need to use the facts in the case to determine whether the truck driver was negligent. Some of the ways we will work to show fault on the part of the trucker include:
Police report: We will study the report that law enforcement officers file after investigating the crash, looking for evidence that shows the trucker made an error to cause the crash.
Traffic violation: If a police officer issues a traffic ticket to the truck driver after investigating the accident, this clearly shows that the trucker did something wrong before the crash, which equals negligence.
Maintenance record: We will study the records for how the trucking company maintained the truck and trailer, and if a maintenance mistake is discovered, this is a sign of negligence.
Negligence in a Truck Accident
When attempting to prove negligence on the part of the truck driver, you and your attorney simply have to show that if the trucker had taken a different action while behind the wheel, he or she could have prevented the crash.
You do not have to prove that the truck driver acted with malice or purposefully caused the accident, although negligence can involve a purposeful act.
In other words, negligence is present in the crash if the truck driver committed an error that could have been corrected through a different action or choice.
Common Injuries Caused by Oversized Loads Truck Accidents
As the Federal Highway Administration (FHWA) outlines, several federal regulations apply to truck weight and size limits in Florida and the rest of the United States. Further information relating to permits for oversized loads exists within Florida’s state regulations. When truck drivers and trucking companies fail to comply with these regulations, the results are usually disastrous. Improper cargo loading can easily disrupt a large truck’s balance, leading to rollovers and other severe accidents on the roads. Because large commercial trucks spend most of their time on highways where speed limits are higher, these accidents typically occur at high speeds. These factors only serve to amplify the damages caused by an accident.
Personal injuries are common in oversized loads truck accidents. Even accidents that occur at lower speeds have the potential to cause life-altering injuries for those involved. Some common injuries sustained in truck accidents include:
Many people make the mistake of thinking they are fine after an accident, only to discover symptoms days or weeks later. Seeing a doctor right away can prevent undetected injuries from worsening.
Of course, many severe injuries require both urgent and continuous medical attention. Treatment methods for a traumatic brain injury range from intense physical therapy, to prescription medications and surgeries. The medical bills from these treatments and others add up fast. A skilled lawyer in Tampa who focuses on truck accidents with oversized loads will account for these costs when seeking a settlement on your behalf.
Damage inflicted in truck accidents often extends beyond bodily injury. The psychological trauma from an accident hangs around long after an accident occurs. Victims may require years of therapy and counseling to deal with the mental and emotional impact of an accident. Legal teams will also consider these types of intangible damages as they seek to recover any forms of compensation that you may be entitled to following an accident.
Why Choose Distasio Law Firm?
Distasio Law Firm has helped many of our clients navigate the complexities of filing a truck accident insurance claim or lawsuit in Tampa. We have the experience to handle even the most complex claims and the financial resources to take on the trucking company as we work toward recovering a settlement for you.
We will use our experience, resources, and knowledge of Florida law to:
Evaluate your claim
Help you find medical care
Investigate what happened
Prove your case
We will bring in expert witnesses, demonstrate the extent of your injuries, and fight to negotiate a fair settlement for you.
Who is Liable for a Tampa Truck Accident?
According to the Federal Motor Carrier Safety Administration (FMCSA), Florida is one of the 10 states with the most semi-truck crashes. Tampa has more than its share of trucking accidents, partly because of the Port of Tampa. Port Tampa Bay says it is Florida’s largest port and handles more than 37 million tons of cargo each year. In fact, it has an entire roadway system designed to support moving freight from the port to other parts of the country.
The FMCSA requires these truck drivers and their employers to adhere to strict safety standards. Our trucking accident attorneys understand these safety standards and can identify when a defendant has been negligent in adhering to them. This is a common cause of truck crashes.
Identifying the Potentially Liable Parties in a Truck Collision
A personal injury lawyer who does not have enough experience in truck accident law may place all the blame in your case on the truck’s driver. However, liability in most commercial vehicle accident cases is much more complex. There are other potentially liable parties. These include:
The trucking company: These companies may fail to follow the safety measures the Federal Motor Carrier Act requires.
The owner of the trailer: In many cases, the trucking company or the truck’s driver does not own the trailer. The company that owns the cargo may also own the trailer, and they may not have properly loaded or maintained it.
Trucking brokers: If a broker sets up the load, they may be liable for negligence while making the arrangements.
Truck mechanics: A mechanic may have made a mistake when repairing, inspecting, or diagnosing issues with the truck, or they may have failed to maintain the vehicle adequately.
Cargo loaders: When a truck’s cargo is not loaded correctly, it can shift and cause an accident.
Vicarious Liability Common in Truck Accident Injury Cases
Sometimes the truck or trailer is defective due to faulty design or because it was altered after being sold. When this happens, the vehicle manufacturer or the entity that altered the vehicle may also be held responsible for your damages.
In addition to these examples of how other parties might be legally responsible, these cases also feature vicarious liability. This is because of a legal doctrine known as respondent superior. It allows us to build a claim against the truck driver’s employer in addition to the driver.
When there is more than one liable party, negotiations can get a lot more complicated. Our Tampa trucking accident attorney will coordinate talks with as many parties as it takes to recover fair compensation for you.
Who Can Be Sued in a Truck Accident Case?
Determining who can be sued in a truck accident case may be more complex than in a typical traffic accident case. If the truck that caused your accident was a commercial vehicle, the company that owned and operated that truck may be liable for the accident. In many cases, victims of truck accidents pursue compensation from the trucking company or corporation that employs the at-fault truck driver.
Under some circumstances, however, there may be other liable parties. If the truck was independently owned and operated, a lawsuit may go against the driver. If a negligent parts manufacturer, maintenance company, or municipality caused or contributed to the accident, a lawsuit may go against them.
In some states, liability law adheres to the principle of vicarious liability. This means that if an employee’s negligence causes an accident during the typical course of work, the employer may be liable for the accident.
Accordingly, if the truck driver who injured you was an employee on the clock, you may be able to sue the company for damages.
Other times, a trucking company’s negligence causes a truck accident by:
Not maintaining their vehicles
Not training drivers
Forcing drivers to work an unsafe number of consecutive hours
There May Be Other Parties Who Can Be Sued
In some cases, the trucking company is not the only party you may be able to hold accountable for your truck accident injuries and losses. There may be other parties whose negligence played a role in your accident. This may come in the form of a parts manufacturer, maintenance company, or someone tasked with loading the truck.
For example, if a tire failure caused the truck driver to lose control of the rig and cause your accident, the tire manufacturer may be a defendant in your lawsuit if they designed, manufactured, or sold defective products that led to injuries.
Sometimes, determining what caused a traffic accident, proving negligence, and identifying the vicariously liable or accountable parties can be complex. When you work with a truck accident lawyer on your case, they may be able to hire accident reconstruction experts to get a better understanding of what happened and to identify the liable parties in your case.
Connect with a Tampa Truck Accident Attorney for Free
You can speak with a member of our Tampa truck accident lawyer team for free today. We provide free case assessments and will answer your questions about how to seek and secure compensation for your injuries and expenses. Call now to get started.
Our truck crash legal team also represents families whose loved ones died from catastrophic collision injuries. Learn more by contacting our Tampa catastrophic injury lawyers.
Case Results
$1,000,000.00 Settlement
Our client was driving her car in the lane closest to the curb. There were three lanes of travel in her direction. Traffic blocked the view of her car by oncoming vehicles. A truck driving...
