Truck accident attorneys in Tampa, Florida, can help you with the challenges resulting from a collision. Understanding what happens after a trucking accident is the best way to protect your rights and navigate the legal and insurance complexities you could face. This article discusses truck accidents and the legal process in Florida.
Understanding Liability in a Truck Accident in Florida
Liability plays an important role in truck accident cases. Determining who is at fault is a key part of the process. In Tampa, liability typically falls into one of three categories:
- Driver Negligence: As a truck driver, you must follow strict safety regulations. This includes following speed limits, maintaining your truck, and following hours-of-service rules to avoid driving while fatigued. At Hunter Law, we can help prove that you followed all these rules that could make you liable for the accident.
- Trucking Company Negligence: In some cases, your trucking company might share liability. Companies are responsible for ensuring that all their drivers are properly trained and that their vehicles meet federal safety standards. Failure to enforce these standards, such as neglecting regular vehicle maintenance, can make the company accountable for the accident.
- Other Contributing Factors: Liability could also extend to other parties, such as vehicle manufacturers, when faulty parts contributed to the accident. Tampa trucking accident lawyers can help uncover all liable parties through a thorough investigation.
Common Causes of Truck Accidents in Tampa, Florida
Truck accidents in Tampa and across Florida are usually caused by a combination of factors. Understanding these causes can help you make sense of the situation and know what to expect:
- Driver Error: Distracted driving, speeding, or operating a vehicle under fatigue are common issues. Florida’s traffic congestion only increases the chances of mistakes.
- Improper Cargo Loading: Overloaded or improperly secured cargo can lead to dangerous situations. Shifting loads might cause your truck to tip over or lose control.
- Equipment Failures: Faulty brakes, worn tires, and malfunctioning lights can result in severe accidents. Make sure you document all of your routine inspections to show you took steps to avoid preventable failures.
Steps to Take After a Truck Accident in Tampa
Knowing what to do immediately after a truck accident impacts your case in a positive way. Here’s what you should focus on:
- Seek Medical Attention: Your health is your top priority. Get everything checked, even if you think your injuries seem small. You might not notice some injuries like whiplash or internal trauma right away.
- Document the Scene: If possible, take photos of the accident site, vehicle damage, road conditions, and any visible injuries. These images can provide evidence for your case that our truck driver advocates can use to dispute unfounded claims.
- Obtain a Police Report: Florida law requires a police report for any accident involving a commercial vehicle. This report serves as an official account of what happened.
- Contact a Truck Accident Attorney: Going through the legal process alone can be overwhelming. A truck accident attorney from Hunter Law guides you through every step, from gathering evidence to negotiating with insurance companies.
Legal Considerations for Truck Accidents in Florida
Florida has specific laws that impact truck accident cases:
- No-Fault Insurance: Florida’s no-fault insurance system covers medical expenses and lost wages up to a certain limit. However, if the injuries are severe, the driver can step outside this system and file a claim directly against the at-fault party.
- Comparative Fault Rule: Florida follows a modified comparative fault rule. If you or the other driver are partially at fault for the accident, the compensation is reduced by that percentage of fault. For example, if we help you prove that the other driver is 20% responsible, the truck accident settlement in Florida would be reduced by 20%.
- Statute of Limitations: In Florida, drivers have two years from the date of the accident to file a personal injury lawsuit. You should keep in mind that a driver can file a claim up to that time, so you need to maintain records and any other important information up to that time.
Understanding these rules is critical to building a successful case. A knowledgeable Tampa truck accident lawyer can help make sure you comply with all requirements.
Why You Need a Truck Accident Attorney
There is a difference between car and truck accidents. Truck accident cases are often more complex than standard car accidents. The involvement of commercial trucking companies, insurance providers, and federal regulations adds layers of complexity. Here’s how a truck accident attorney from Hunter Law can help you:
- Thorough Investigations: From obtaining black box data to reviewing maintenance records, we gather all the relevant evidence to support your case.
- Negotiate With Insurance Companies: Trucking companies and their insurers often have significant resources to minimize payouts. An experienced truck accident attorney in Tampa, FL, can counter these tactics and fight for a fair settlement.
- Represent You in Court: If negotiations fail, our attorneys prepare to take your case to trial.
Protect Yourself With the Help of a Truck Accident Attorney From Hunter Law
If you’ve been involved in a truck accident in Tampa, Florida, don’t face the aftermath alone. The legal process can be overwhelming, but with the right support, you can focus on your recovery while we handle the details. Contact us today to schedule a consultation with an experienced Tampa truck accident lawyer.