If you are fighting to overcome accident injuries and get back on solid financial footing after a cargo truck accident, our team may be able to help. A cargo truck accident lawyer in Tampa from Distasio Law Firm can develop a case against the at-fault truck driver and other liable parties if the evidence exists to do so.
Let a team member from Distasio Law Firm evaluate your accident and go to work for you. We understand how difficult it can be to navigate the insurance claims process while still undergoing treatment and healing from your injuries. However, we may be able to pursue compensation on your behalf. Contact us now to discuss your collision with our team for free.
Determining Cargo Truck Accident Liability
Navigating the claims process after a cargo truck collision is often complicated. These large vehicles can cause serious incidents when they collide with smaller passenger vehicles, especially at elevated speeds. Some are rental trucks, which can make the claims process more complex.
In general, cargo trucks are either rental box trucks that individuals use to move furniture, boxes, and other large items, or work trucks used to deliver cargo or move items needed to complete a job. According to the Federal Motor Carrier Safety Administration (FMCSA), about 38% of fatal large truck accidents in 2018 involved closed box-style cargo trucks. Cargo tanks, flatbeds, and dump trucks were other common types.
How your claim moves forward may differ depending on which type of truck caused your accident. When the vehicle is a work truck, your attorney can help you identify the laws and policies in play and determine who is responsible for your injuries and damages.
We May Pursue the Truck Driver and Their Employer for Damages
We can likely pursue a case against the driver and the driver’s employer—the company that owns the cargo truck—through vicarious liability, per the Legal Information Institute (LII). Holding a company vicariously liable requires showing:
- The driver was a company employee when the accident occurred.
- The driver was acting in their employment role and to the benefit of the company when the collision occurred.
Distasio Law Firm will review your case for free. If we believe we can help you seek damages, we will pay for the investigation and the claims process on your behalf. We handle these cases on a contingency fee basis. A member of our commercial vehicle accident team is available now to speak with you about your accident, injuries, prognosis, and other details.
Renters of Cargo Trucks May Be Responsible for the Cargo Truck Accident
We can also help if you were hit by a driver who rented a cargo truck to handle their own moving or other hauling tasks. There are many moving parts in these cases. However, our team can sort out which insurance policies apply and who we can hold liable on your behalf if the cargo truck driver caused the accident.
When a crash involves a rental truck, it is often the truck’s driver whose inexperience with this type of vehicle contributed to it. However, this behavior is not an excuse for violating traffic laws or making other mistakes behind the wheel. If you were hurt, we can help you get justice and seek compensation.
Distasio Law Firm Provides Clients with Empathetic Representation
When you trust a cargo truck accident lawyer from our firm with your accident case, you will experience our commitment to putting clients first. We want you to feel confident in the steps we will take to hold the at-fault driver or another liable party accountable based on the facts of your accident.
We believe professional drivers and their employers have a responsibility to drive carefully and protect those they share the roads with. To this end, we seek to hold employers who allow careless and reckless driving to continue responsible. We will investigate what led to your accident, assign liability, and take the necessary actions to pursue compensation for you.
Under some circumstances, a rental company may also be responsible for your injuries if they rented a truck to someone whose reckless actions caused the crash. In either situation, our team can get to the bottom of what caused your crash and identify the responsible parties. You can speak with a Distasio Law Firm team member. We will assess your legal case for free today.
Recoverable Damages in a Cargo Truck Accident Case
When you are our client, a truck accident attorney from Distasio Law Firm will seek to identify, prove, and recover compensation for any damages you sustained due to your collision. These damages include both economic and non-economic losses.
We also pursue current and future losses for our clients if they expect to require additional medical care for accident injuries. Some recoverable damages you may have experienced include:
- Non-economic damages, such as pain and suffering, emotional distress, and other intangible losses
- Any required treatment for your accident injuries and related medical or care costs
- Predicted future or ongoing care and support costs based on your prognosis and medical needs
- Income replacement for time missed at work and reduced earning capacity, should you have any lasting limitations from the accident
- Personal property damage expenses, including repair or replacement of your vehicle and other damaged personal items
- Additional expenses we identify during our investigation into your case
We also pursue wrongful death damages for those who qualify. If you lost a loved one in a tragic cargo truck accident, please accept our condolences. Our team wants to talk to you about your family’s rights today.
How We Determine the Value of Your Cargo Truck Case
When we build a claim or case for compensation in Tampa, we consider the client’s individual recoverable losses and identify the fair and just settlement range for the case. This process helps us determine how much we will demand from the insurance company and where we will begin with settlement negotiations.
Without knowing how much the case might be worth—which we can only calculate after an investigation into what happened and what it cost you—we would not know if the insurer was offering a fair settlement agreement or not.
Statute of Limitations Limit How Long You Can Wait to File
Each state has a statute of limitations on personal injury lawsuits, such as traffic collision cases. Under this statute, you generally only have between one and four years to file a lawsuit based on negligence in court. In Florida, this deadline is generally four years from the accident date, per Florida Statutes § 95.11(3)(a). There are exceptions that can alter this timeline, though.
A separate statute may apply for wrongful death cases. This timespan is generally two years from the date of death in Florida under Florida Statutes § 95.11(4)(d). As you can see, you have significantly less time to file a case after your loved one passes away than you might if you suffered injuries and hope to recover damages in court.
Why Is the Statute of Limitations Important?
These deadlines bar you from filing a civil suit and taking your case to court after the time limit. We must file the initial paperwork that names the liable party and outlines the circumstances of the collision with the court before this date arrives. Missing this deadline could effectively prevent you from recovering a fair payout.
In addition, there are steps that our team must take for our clients as soon as possible after a collision. This includes managing communication with the liable party and their representation, gathering evidence, and sending a spoliation letter to preserve the evidence in the hands of the cargo truck owner. Waiting to take these actions could weaken your case.
We ask accident victims to consider getting started with their legal case as their top priority after their injuries are stable and they can focus on their next steps. You may still be undergoing treatment, but that is okay. We can even meet with you while you are in the hospital or at an inpatient rehabilitation facility. Getting started early allows us the best chance to preserve and analyze evidence.
Speak with Distasio Law Firm Team About Your Cargo Truck Collision Today
If you suffered injuries because of a careless commercial driver or an individual renting a box truck, our team is here to help. A cargo truck accident lawyer in Tampa from Distasio Law Firm may represent you in your personal injury claim. We will develop a case and seek financial recovery on your behalf if we believe we can help. Our initial meetings about this type of case are always free and no-obligation.
Call today for your complimentary consultation and case review with our team. We represent clients based on contingency. You will not need to pay us anything until we secure a payout for you.