A serious truck accident can change your life in an instant. If you have been injured or a loved one has tragically been killed in an accident involving a commercial truck, we know what you are going through, and we want you to know that we are genuinely here to help in any way we can.
You may want to learn more about your situation before contacting an attorney. With this in mind, we have prepared this comprehensive guide for Florida truck accident victims and families. If you have questions, we encourage you to continue reading, and then we invite you to contact us for a free, no-obligation consultation.
Understanding the Three Types of Truck Accident Claims
Filing a claim for a serious or fatal truck accident in Florida begins with identifying the party (or parties) that are responsible for your injuries or your loved one’s untimely death. This involves conducting a prompt and thorough investigation—one reason why engaging a law firm as soon as possible is essential. Once your law firm investigates the accident, it will be able to determine what type of claim (or claims) it can file on your behalf. The vast majority of claims will fall into one of three categories:
1. Negligence Claims
Most severe and fatal truck accident cases involve claims based on negligence. This is typically either (i) negligence committed by the truck driver, (ii) negligence committed by the trucking company, or (iii) negligence committed by a third party that was either directly or indirectly involved in the collision. With this in mind, some of the most common forms of negligence in truck accident cases include:
- Turning or merging without looking and other careless truck-driving mistakes
- Speeding, tailgating, running red lights and stop signs, and other forms of aggressive driving
- Driving while fatigued, under the influence of alcohol or the influence of drugs
- Driving while distracted by phone calls, text messages, GPS directions, or social media
- Hiring unqualified or inexperienced truck drivers
- Requiring truck drivers to spend too many consecutive hours behind the wheel
- Improperly loading truck cargo (i.e., overloading the truck or failing to secure its load correctly)
Again, these are just some of the most common examples. While some truck accident cases are relatively straightforward, others can be highly complex and involve multiple causal factors. When we investigate truck accidents on behalf of our clients, we look for evidence of all forms of negligence to ensure we are pursuing all viable claims.
2. Vicarious Liability Claims
While trucking companies can be held liable for their negligence (i.e., hiring unqualified or inexperienced truck drivers), they can also be held liable for their drivers’ mistakes behind the wheel. This is based on the law of vicarious liability.
Under Florida’s vicarious liability laws (and comparable laws in other states), employers are liable for their employees’ negligence within the scope of employment. In the context of a truck accident, this means that if the truck driver is at fault, his or her employer is legally and financially responsible. As a result, even though most truck accident cases involve truck driver negligence, seeking financial compensation most often involves dealing with the trucking company and its insurer.
3. Product Liability Claims
A relatively small percentage of truck accident cases involve product liability claims. Under state product liability laws, manufacturers are “strictly liable” for accidents resulting from product defects. In the context of a truck accident, truck manufacturers can be held liable when brake failures, tire failures, and other truck-related issues lead to severe and fatal collisions. The “strict liability” nature of these cases means that proof of negligence is not required—if a product defect causes an accident, then the manufacturer is responsible.
While cases involving product liability claims are relatively uncommon, it is essential not to overlook this possibility at the investigation stage. Even if a defective component is only partially responsible for causing a serious or fatal collision, it may still be necessary to file a claim against the manufacturer to recover total compensation.
Financial Compensation in Serious and Fatal Truck Accident Cases
Regardless of the claim (or claims) you are eligible to file, you are entitled to the same financial compensation under Florida law. This is true in cases involving both severe personal injuries and wrongful death.
Personal Injury Cases Involving Serious Truck Accidents
In non-fatal truck accident cases, victims are entitled to just compensation for all their injuries’ financial and non-financial costs. This includes costs they have already incurred, costs they are currently incurring, and costs they will incur in the future.
Financial costs include medical bills and other out-of-pocket expenses. They also include loss of income and benefits. No matter how much your injuries cost, you are entitled to total compensation if your truck accident was not your fault.
Non-financial costs include things like pain and suffering, emotional trauma, and loss of enjoyment of life. While it is impossible to simply “add up” these costs, there are well-established procedures for determining what constitutes “just” compensation for these losses. Your law firm will be able to assist you in making sure you are seeking the full compensation you deserve.
Wrongful Death Cases Involving Fatal Truck Accidents
Wrongful death cases involving fatal truck accidents differ from personal injury cases involving non-fatal truck accidents in many essential respects. Instead of seeking financial compensation for the financial and non-financial costs of your injuries, you will be seeking financial compensation for (i) your loved one’s financial costs and pain and suffering incurred before death and (ii) all of the various ways your loved one’s untimely passing impacts your life.
Wrongful death cases are more complex than most personal injury cases, making it extremely important to have experienced legal representation. At Silva & Silva, we have successfully represented numerous clients in complex wrongful death cases, and we can use our experience to seek justice on your family’s behalf.
Essential Steps for Seeking the Financial Compensation You and Your Loved Ones Deserve
Regardless of what happened, who (or what company) was at fault, and what losses you are entitled to recover, there are some crucial steps you will need to take to protect your legal rights. The good news is that these steps are all relatively simple—and you can rely on your law firm to handle the problematic steps on your behalf. For example, if you can, it will be necessary to:
- Prioritize Your Well-Being – First and foremost, you should prioritize your well-being. If you are dealing with serious physical injuries, get the treatment you need, and follow your doctor’s advice regarding your recovery (or seek a second opinion if necessary). If you are struggling to cope with the tragic loss of a loved one, do not hesitate to seek help if you need it.
- Take Detailed Notes – While we know it can be not easy, it is important to take detailed notes. You should do your best to write down everything you can remember about the accident. Once you take notes, you can set them aside until you sit down to discuss the accident with a lawyer.
- Start a File – The paperwork you receive after a serious or fatal truck accident can pile up surprisingly quickly. For now, you should keep all the documents you receive in a file. Then, you can share them with your lawyer when necessary.
- Be Careful to Protect Yourself – Even in your present circumstances, you must be careful to protect yourself. The insurance companies will begin working immediately to ensure they pay you as little as possible. With this in mind, you should avoid saying anything to the insurance adjusters—your lawyer will be able to deal with them on your behalf.
- Talk to a Lawyer – You should talk to a lawyer about the accident as soon as possible. As we mentioned above, this is important for several reasons. The sooner you contact a lawyer, the sooner your lawyer can get to work, and you can begin trying to move on with your life.
To be clear, these are not the only steps in seeking the financial compensation you and your loved ones deserve—far from it. But taking these steps will help get you on the path toward recovery, and then you can rely on your lawyer’s advice.
Hiring a Lawyer to Handle Your (or Your Family’s) Truck Accident Claim
Once you hire a lawyer to represent you, there are several ways your lawyer can begin helping you immediately. Some of the most important steps your lawyer will take in the early stages of your truck accident case include:
- Investigating the Accident – You must engage a law firm to conduct an unbiased investigation as soon as possible. The purposes of this investigation are twofold: (i) to preserve the available evidence before it disappears and (ii) to determine what company (or companies) are liable for the accident.
- Answering Your Questions – Feel free to bring a list of questions to your initial consultation. Your lawyer will be more than happy to answer any questions.
- Giving You Advice – In addition to answering your questions, your lawyer will also be able to provide you with advice about what to do (and what not to do) as you begin the process of moving forward.
- Explaining What You Can Expect – Knowing what to expect can help you feel more confident. Your lawyer can walk you step-by-step through holding the at-fault party (or parties) legally and financially accountable.
- Taking Action on Your Behalf – From dealing with the insurance companies to filing a lawsuit in court, your lawyer can take all necessary legal action on your behalf. This is true at the outset of your claim and throughout the process.
Just as the steps listed above are not all involved in seeking financial compensation for a serious or fatal truck accident in Florida, these are not all ways a lawyer can help you. There are many more ways we help our clients in these cases. If you would like to know more about what we can do to help, contact us to arrange a free, no-obligation consultation today.
Contact Silva & Silva for a Free, No-Obligation Consultation
If you need to know more about filing a claim for a serious or fatal truck accident in Florida, we strongly encourage you to contact us. Call 305-445-0011 or contact us online to speak with an experienced lawyer in confidence as soon as possible.