If you suffered serious injuries in a truck accident in Riverview, FL, you may recover compensation for your damages. In some cases, you may be able to file a fault-based claim if there is evidence to support it. This process can become complex when a truck driver or another commercial vehicle driver is to blame. As such, you may want to work with a seasoned Riverview truck accident lawyer from Distasio Law Firm to seek damages.
You can discuss your accident and options today with one of our well-practiced personal injury attorneys. We can evaluate your accident, determine if your injuries and other details qualify you to take legal action, and explain how we can help. We could represent you in your injury case with no upfront expenses for you or your family.
You May Be Able to Hold a Trucking Company Liable for Your Collision
In most Hillsborough County traffic accidents involving a fault-based claim, the liable party is the one who caused the accident. The driver whose negligence behind the wheel led to the collision will become the defendant if the case goes to trial. When it comes to truck accident cases, though, the process works somewhat differently.
Vicarious Liability Applies in Many Truck Accident Cases
A legal doctrine known as respondeat superior applies to commercial vehicle accident cases in Florida, including truck accidents. This doctrine makes the employer of the negligent truck driver responsible as well as the truck driver. Therefore, we will pursue a claim against both of them if we handle your accident case.
Per Florida Statutes §324.021, the state requires all commercial motor vehicle owners to have a set amount of auto liability coverage in the event that the driver causes an accident and serious injuries or death results. Large commercial operations like trucking companies must have policies that are significantly larger than the policies most individual motorists would carry.
It is this policy that could cover the losses you incurred as a result of your accident. This doctrine could apply in almost any type of commercial motor vehicle accident, including accidents involving any of the following:
- Tractor-trailer truck, such as a semi-truck or 18-wheeler
- Delivery truck or delivery van
- Garbage or recycling truck
- Dump truck
- Box truck
- Work truck or van
- Food truck
- Construction truck or landscaping vehicle
- Truck and trailer used for commercial purposes
An Attorney Can Show How Vicarious Liability Applies to Your Crash
Proving respondeat superior applies to your accident is not always straightforward. However, our team at Distasio Law Firm knows how to sort this out. We can apply Florida case law and show that the trucker was on the clock and acting within the scope of their job when the accident occurred. This determination is critical to holding their employer legally responsible. Let our firm review your case and explain your options for holding the truck driver or trucking company accountable.
To hold the truck driver and their employer legally and financially responsible for a Riverview collision, our team of skilled attorneys must prove the trucker or trucking company caused the crash. Among the reasons could be:
- The driver violated a traffic law
- Unaddressed maintenance issues with the truck or trailer
- Poorly loaded or secured cargo
- The company should not have hired the driver or kept them on staff
Our team of proactive legal professionals at Distasio Law Firm investigates Riverview truck crashes and uncovers what happened to cause them. This process can involve interviewing witnesses, obtaining reports and records, working with accident reconstruction specialists, calling in experts, and more.
What Happens After We Assign Responsibility
Our team can identify the liable parties and their role in causing the accident. In addition, we can value the damages our client suffered. This two-step process is how we develop insurance claims and demand fair compensation for our truck accident clients. We use this evidence to support our negotiations and often settle these cases out of court.
Getting clients the financial recovery they need is the best option to hold the truck driver and their employer accountable. If we must sue to get the best possible outcome for our client, we will not back down. While you’ll have the final say on the steps we take, we will explain why a lawsuit may be necessary if we believe it is the best option.
Our Team Can Review Your Riverview Semi-Truck Crash Case for Free
When you hire a Riverview 18-wheeler accident attorney from Distasio Law Firm, we base our services on a contingency fee. If we accept your case, we will put forward the financial resources and time needed to develop a compelling case that proves negligence and liability. We do not ask for upfront or by-the-hour fees during this process. Instead, we go to work for you without charging a retainer.
We will put a fair value on your losses and refuse to settle for less than you deserve. You will not pay us anything out of your pocket. Only if we secure an award in your case do we receive fees and costs as a percentage of your settlement or verdict.
Recovering a Payout in Your Tractor-Trailer Collision Case
Distasio Law Firm knows what it takes to prove the necessary elements of a commercial vehicle accident case in Riverview, including:
- Vicarious liability
- The value of your losses
Our capable semi-truck accident lawyers in Riverview will document and support all these elements with evidence, then approach the insurance company representing the liable party and demand a just payout. This payout will include all the documented losses you suffered, such as:
- Current and future treatment costs and other medical expenses
- Current and future lost income and benefits
- Diminished earning capacity
- Property damages
- Loss of services
- Out-of-pocket expenses related to the accident
- Pain and suffering damages
- Mental anguish
Wrongful death damages may be available in some Hillsborough County truck accident cases. If a member of your family died from their injuries, Florida Statutes §768.21 may allow you to seek and recover compensation. We can help you file a wrongful death action if you qualify. As a result, your family could recover expenses, financial losses, and intangible damages suffered by surviving family members.
Statute of Limitations on Filing a Personal Injury Lawsuit in Florida
Generally, Riverview tractor-trailer collision cases do not go to trial. Instead, we often secure compensation through an out-of-court settlement. We will demand a just payout from the insurance companies involved and negotiate an agreement that holds the at-fault parties accountable and compensates our client fairly. However, if we cannot settle your case and must go to trial, a statute of limitations applies.
Florida Statutes §95.11 sets a two-year deadline on personal injury lawsuits and a two-year deadline on wrongful death claims. Therefore, it is vital to meet the deadline in your case to protect your right to sue and hold the liable parties accountable.
Due to these deadlines, we encourage you to reach out to one of the knowledgeable legal professionals at Distasio Law Firm today to learn more and get started right away if you qualify.
Why It’s Imperative to Get in Touch Immediately
Some evidence we need to prove fault in truck accident cases only lasts a short time.
For example, witnesses’ memories fade, or video of the accident may not be available later. In addition, the trucking company often holds a lot of evidence in these cases. We need to protect this evidence by demanding they preserve and share it. This proof could include:
- The truck’s black box and other computer data
- The driver’s rest logs
- Damage to the truck and trailer and other physical evidence
- Post-accident drug and alcohol testing results
- Dashcam video, if filmed
- The driver’s employment and driving history
Speak with a Riverview Truck Accident Attorney for Free
A truck accident attorney from Distasio Law Firm may be able to secure compensation on your behalf by holding the trucking company accountable for your accident. We understand how to navigate these claims and often reach negotiated settlements for our clients without going to court. However, if your case requires us to file a lawsuit, our trial lawyer is ready to take legal action.
Call Distasio Law Firm today to get started. A Riverview truck accident lawyer can discuss your case with you and explain your rights based on your accident and injuries. Our case consultations are complimentary for victims of commercial vehicle accidents in Hillsborough County and elsewhere in the Tampa Bay area.