Accidents involving a commercial vehicle can be very destructive. These heavy vehicles can cause a lot of damage, especially if the driver behind the wheel is negligent and engaging in bad driving behaviors like tailgating. If you or a loved one have been injured in an accident with a truck, a tailgating truck accident lawyer from Distasio Law Firm can help you pursue damages and receive compensation for the pain and suffering you endured due to the accident.
Learning more about your legal options is easy. Simply call us at (813) 259-0022 for a free consultation. We can tell you more about pursuing damages, and we do not charge you unless you receive compensation.
Federal Truck Regulations
Because trucks are so heavy and have such potential to cause damage in an accident, they are subject to some heavy regulations. Regulators like the Federal Highway Administration (FHWA) set weight limits for trucks that are sharing the roads with passenger cars. They set hours of service and have high expectations for truck inspections and upkeep. If these rules are not followed, carriers and the owners of trucks can also be held liable for accidents.
At the same time, all truck drivers should realize just how dangerous certain types of driving behaviors, like tailgating, can be. They should know that larger trucks take longer to come to a stop and that tailgating while driving one is an especially negligent behavior.
Recoverable Damages from a Tailgating Truck Accident
An accident with a tailgating truck could cause serious injuries and drastic changes to your way of life. According to reports presented by the National Safety Council (NSC), there were 112,000 trucks in accidents in 2018, and 4,862 of those trucks had a fatality that resulted from the accident. The injuries and losses for the victims of truck accidents can be slight to severe. They may include traumatic brain injuries (TBI), concussions, neck, back, or spinal injuries, whiplash, broken bones, permanent disability, or disfigurement. You may even lose a loved one from such an accident.
No matter the scale, you have the right to pursue compensation for your losses. If you have been in a tailgating truck accident, you could be awarded damages, including but not limited to:
- Medical expenses: both past and possible future, including any medications, rehabilitation, assistive devices, and home alterations for permanent disabilities
- Lost income and benefits: this damage includes any future wages and potential earnings with career advancement
- Property damage: repairing or replacing your vehicle as well as any property damaged in the vehicle is available for you to pursue
- Diminished quality of life: an injury that affects your ability to work could also affect your ability to participate in an activity you love
- Mental distress: this could include post-traumatic stress disorder, depression, and anxiety
- Pain and suffering: the physical and emotional suffering you experienced may be hard to quantify, but it affects you nonetheless, and you deserve to receive compensation for the hardship you endured
- Wrongful death: if your loved one has died, please know that we understand the difficulties you and your family may be facing. With a wrongful death, you could claim compensation for funeral costs, as well as the loss of companionship, support, and protection
For a free case review, contact Distasio Law Firm at (813) 259-0022 today.
The Negligent Parties in a Truck Accident
Unlike a car accident, truck accidents may involve more that one party. There are multiple entities and corporations that may be liable in a trucking accident. Granted, in a tailgating accident, the first and most likely liable party is the driver, but there could be circumstances that place liability on the following parties.
- The truck owner: under the principle of respondeat superior, the owner of a business is responsible for his employees while they are working for him. If an employee causes an accident, the owner holds a vicarious liability for their actions.
- The trucking company: when the trucking company is a separate entity from the owner of the truck, they could be liable for the accident under certain circumstances, such as pressuring the driver to make a delivery past his regulated hours.
- The truck or parts manufacturer: it is also possible that a defect in the truck or a part led to the accident.
- The mechanic: failing to regularly maintain a truck could also be a cause for the accident.
- The municipality: there may even be situations where a municipality could be liable.
Knowing the parties involved in your trucking accident will be important because some of the evidence to prove liability is maintained by those same parties per federal regulations. Your lawyer will need to file a spoliation letter to prevent the destruction of such evidence as:
- Rest logs
- The truck’s computer data
- Maintenance and inspection logs
- Any records regarding the driver, truck, or load
- Post-accident drug and alcohol testing results
- Dashcam video
- Other evidence in the accident case
Help Is Available
A tailgating truck accident lawyer can provide a number of services to assist you with your claim while you recover. Your lawyer can make sure that your claim is filed on time and with the right parties. Unfortunately, you do not have unlimited time to file your case. Florida Statutes §95.11 gives you four years to pursue damages for personal injury and two years to pursue a wrongful death case.
Your lawyer can also:
- Collect any documents, reports, and evidence for your claim
- Investigate the accident to identify the cause and the liable parties involved
- Speak with any eyewitnesses to the accident, medical experts regarding your injuries, and accident reconstruction specialists
- Calculate all your economic and non-economic losses and present them to the liable parties
- Negotiate with the insurance companies to obtain a fair settlement value based on your total calculated losses
- Represent you in court if he is unable to obtain a fair settlement value.
Contact Us for a Free Consultation
If you would like the assistance of a tailgating truck accident lawyer, do not hesitate to contact Distasio Law Firm. Call (813) 259-0022 and ask for a free consultation to learn more about your legal options today. If you have suffered an injury in an accident, we will hold the liable parties accountable and help you receive the compensation you deserve.