If you or a loved one suffered injuries in a truck accident and suspect someone else caused it, a Jacksonville personal injury lawyer can provide support. We can investigate the crash and determine if another party owes you money. Contact Anidjar & Levine today to schedule a free, no-obligation consultation.
Key Takeaways On Jacksonville Truck Accident Cases
- Hiring a Jacksonville personal injury attorney can increase the chances of securing just compensation.
- Filing a lawsuit may be necessary to seek fair compensation.
- Truck accident lawyers know federal and state regulations for large commercial vehicles.
- Seeking compensation provides financial support during the recovery process.
ur Law Firm Will Help With Your Jacksonville Truck Accident Case
The personal injury lawyers on our legal team are passionate about helping truck accident victims secure justice and compensation for their injuries.
We can help with all aspects of your personal injury case, from preserving evidence and filing documents to negotiating with the insurer and litigating in court. We aim to provide our clients with responsive legal care and the desired outcome. You worry about getting better while we take care of the rest.
Factors That Make Truck Accident Cases Unique
Truck accidents are some of the most dangerous and devastating accidents, even more so than standard Jacksonville car accidents. Due to their size and weight, commercial vehicles can cause severe and fatal injuries when they collide with smaller vehicles.
Truck wrecks are different from other accident cases in several ways:
- The injuries are typically more extensive, given the size and weight of semi-trucks.
- Special federal trucking laws apply to commercial drivers.
- Victims may face strong opposition from the truck company’s team of attorneys.
- Evidence tends to get “lost” or destroyed unless an attorney takes steps to prevent that.
We can help with your claim and hold negligent drivers or carriers liable for your harm.
Florida Trucking Accidents Do Significant Damage
Florida Highway Safety and Motor Vehicles (FLHSMV) compiles statistics regarding the number and severity of truck crashes in the state every year.
In 2021, the FLHSMV reported:
- Trucks and cargo vans weighing less than 10,000 pounds caused 58 incapacitating injuries.
- Trucks weighing more than 10,000 pounds caused 124 incapacitating injuries.
- There were 28 fatalities involving trucks weighing more than 10,000 pounds.
Non-incapacitating injuries were even more common, with trucks causing over 850 such injuries in 2020. Although even minor injuries warrant a claim with your insurer, a catastrophic injury could qualify you for higher compensation from the liable party’s insurance company.
Navigating Florida’s Truck Accident Laws
In Florida, both federal and state regulations apply to truck accidents. Understanding the laws governing these accidents will help you navigate the complexities of filing a claim and seeking compensation.
The Federal Motor Carrier Safety Administration (FMCSA) sets forth guidelines that commercial trucks must follow regarding driver qualifications, vehicle maintenance, hours of service, and cargo securement. These aim to ensure the safety of everyone on the road and prevent accidents.
Florida trucking laws govern the operation of commercial trucks in the state, ensuring safety for all road users. These laws include truck size and weight limits, mandatory inspection requirements, and adherence to specific licensing and insurance standards.
Truck accidents can be devastating, causing serious injuries and property damage. You can seek legal guidance from truck accident attorneys when involved in a collision.
Common Types Of Jacksonville Truck Crashes
Trucking accidents can result in devastating consequences, leading to personal injury and even loss of life. Understanding the different types of crashes is crucial for seeking justice for victims. By shedding light on this topic, we hope to raise awareness about the importance of responsible trucking practices.
Common types of truck accidents in Jacksonville include:
- Rear-end collisions: These occur when a truck crashes into the back of another vehicle, often due to inadequate following distance.
- Jackknife accidents: This happens when a truck’s trailer swings out to the side at a severe angle, resembling the shape of a folding knife, often caused by sudden braking or slippery road conditions.
- Rollover accidents: In this type of crash, the truck tips over onto its side or roof, usually caused by sharp turns taken at high speeds or unevenly distributed cargo.
- Underride collisions: This occurs when a smaller vehicle slides under the rear or side of a truck, often resulting in catastrophic injuries due to the lack of structural protection in smaller vehicles.
- Wide turn accidents: Trucks have a larger turning radius, and sometimes the driver’s failure to account for this can lead to collisions with pedestrians, bicycle riders, or other vehicles
- Lane change accidents: These accidents occur when a truck driver fails to check blind spots or use signals properly, leading to collisions with other vehicles while changing lanes.
- T-bone or side-impact collisions: When a truck crashes into the side of another vehicle, typically at intersections or during right-of-way violations, it can cause severe injuries and damage.
Understanding the causes behind these crashes is essential for identifying liability and pursuing legal action. Reckless driving behaviors such as speeding, distracted driving, or impaired driving contribute significantly to collisions. Poorly maintained trucks with defective parts like faulty brakes or worn-out tires also increase the risk of accidents on the road.
Both truck drivers and their employers must prioritize safety by adhering to regulations regarding driver hours-of-service limits and conducting regular inspections on their fleets.
Steps To Take After A Jacksonville Truck Accident
The aftermath of a truck accident is often a chaotic experience for everyone involved. Your steps after the incident can greatly impact your claim should you take legal action.
After a truck crash, take immediate steps to ensure your safety and protect your rights:
- Seek medical attention: Even if you feel fine initially, some injuries may not become apparent until later. Keep all medical records of your treatment, as this documentation will prove your injuries. Your attorney will use this evidence when negotiating with insurance companies or presenting your case in court.
- Assess the situation: Check yourself and others involved for injuries. If anyone needs medical attention, call 911 right away. Move to a safe location if possible to avoid further harm.
- Gather information: Gather information from witnesses who saw the accident unfold. Get their names, contact details, and statements regarding what they saw. Their testimonies can support your version of events and strengthen your case against negligent trucking companies or drivers.
- Get a copy of the accident report: Additionally, obtain copies of any police reports filed at the scene. These reports often contain valuable information about the accident that can be used as evidence.
- Document the scene: The evidence you collect will be vital in determining liability. Start by documenting the accident scene. Take photos or videos of the vehicles involved, any visible injuries, and skid marks on the road. This visual evidence can help establish the collision’s severity and provide valuable insight into what happened.
- Consider seeking legal advice: You can contact the office of a Jacksonville truck accident attorney who handles cases involving commercial trucks. They can guide you through the legal process and help you understand your rights.
Gathering strong evidence is crucial for successfully pursuing a claim against negligent parties involved in a truck accident in Jacksonville. Following these guidelines and seeking professional guidance will increase your chances of obtaining a favorable outcome for your case.
Understanding Florida’s No-Fault Insurance System
Florida is a no-fault insurance state, meaning that in most cases, everyone files a claim with and recovers compensation from their own insurance company, irrespective of fault. However, there are certain times when you can step outside of the no-fault system and hold another driver accountable for your damages.
According to Florida law, if your injury meets one of the following criteria, it qualifies as a “serious injury.”
You may seek financial recovery from an at-fault party after an accident when:
- Your injury is permanent.
- You suffered significant and permanent scarring.
- The accident caused your disfigurement.
he Role Of Insurance Companies In Jacksonville Truck Accident Claims
Regarding your truck accident claim, insurance companies play a significant role in the process. After a severe accident involving a commercial vehicle, you may file a claim with the insurance company representing the at-fault driver. A skilled Jacksonville truck accident lawyer can assist you in navigating through the complex process of dealing with insurance companies.
Insurance companies have teams of adjusters who are responsible for investigating claims and determining liability. They will review all available evidence, such as police reports, witness statements, medical records, and other relevant documentation.
It is important to note that adjusters work for the insurance company, and their goal is to minimize payouts on claims. Therefore, having strong legal representation from a knowledgeable lawyer who can advocate on their behalf and ensure you receive fair compensation is crucial.
Once liability has been established, the adjuster will review all medical expenses, lost wages, property damage costs, and any other damages incurred due to the accident. They will then offer an initial settlement to the injured party.
However, it’s important to remember that this initial offer is often much lower than what may be fair or necessary to cover all expenses related to the crash. A skilled Jacksonville truck accident lawyer can negotiate with the insurance company on behalf of their client to secure a fair settlement that fully compensates them for their losses.
With Which Insurance Company Should You File Your Claim?
Suppose the truck driver or company was mostly at fault for the accident, and your injuries qualify as serious. In that case, taking action against the trucking company is better than filing a claim with your insurer.
Your insurance carrier limits your recovery based on your policy limits. Most people only carry minimum coverage, so you are likely looking at a maximum of only $10,000 in personal injury protection (PIP) coverage.
On the other hand, trucking companies will typically have more comprehensive coverage so that you can recover far more through their insurance. Also, when you file a lawsuit against a large company, you could recover additional damages, such as pain and suffering.
We Are Familiar With Insurance Company Tactics
The outcome of your truck accident claim is important to you and your family, so you want to get the highest settlement possible. Before taking action, please speak to one of our Jacksonville truck accident attorneys about your options.
We can point you in the right direction and help you make informed decisions about your case. We know the tactics insurers use to devalue claims, and we won’t let you get lowballed. Allow us to step in and handle all communication with the insurance company. We are wise to the games they play to minimize payouts.
Negotiating A Truck Accident Settlement With The Insurance Company
Negotiating a settlement with the insurance company can be challenging, as their primary aim is to minimize their financial liability. However, with the assistance of a knowledgeable attorney, you can level the playing field. Our Jacksonville truck collision lawyer will gather all necessary evidence to support your claim, such as medical records, accident reports, and witness statements.
We will calculate the full extent of your damages resulting from the truck accident. This includes medical expenses, lost wages, property damage, pain and suffering, and future ongoing treatment or rehabilitation costs. Your attorney will then present a demand package outlining your desired settlement amount to the insurance company.
The negotiation process involves discussions between your attorney and the insurance company’s representatives. Your lawyer will use their expertise in negotiation tactics to get fair compensation on your behalf.
Throughout this process, we’ll inform you about offers and guide you on whether accepting or rejecting those offers align with your best interests. Successfully negotiating a fair settlement requires skillful legal representation that understands how insurance companies operate when handling truck accident claims.
Filing A Lawsuit For A Jacksonville Truck Accident Injury
Ready to take legal action for your truck accident injury in Jacksonville? Filing a lawsuit may be the next step to ensure you receive the compensation you deserve. While negotiating a settlement with the insurance company is often an option, sometimes it becomes necessary to pursue legal action to achieve fair compensation for your injuries.
When filing a suit for a Jacksonville truck accident injury, hiring an attorney who understands the intricacies of personal injury claims involving trucks can help you through the legal process.
A skilled lawyer will know federal and state regulations that apply specifically to large commercial vehicles, such as tractor-trailers and semi-trucks. They will also have access to resources and experts who can help strengthen your case by providing valuable evidence and testimony.
One advantage of suing is that it allows you to seek compensation beyond what may be offered through an insurance settlement. If you have suffered a catastrophic injury (like a traumatic brain injury) that requires extensive medical treatment, pursuing legal action may be necessary to fully cover the costs.
While filing a lawsuit may seem stressful, having an attorney can provide reassurance. Your lawyer will handle all aspects of your case, including gathering evidence, interviewing witnesses, and negotiating with opposing counsel. They will work on your behalf to build a case and fight for fair compensation.
Identifying The At-Fault Party In A Jacksonville Truck Accident
You can hold the trucking company liable for your losses if you show that the driver or the company was somehow negligent. In legal terms, “negligence” means failing to act reasonably and safely not to put others at risk of harm.
If the company or trucker somehow breached the standard duty of care and their actions (or inaction) caused the crash, they are responsible for your injuries. We could help establish their negligence.
Common Forms Of Truck Driver Negligence
Our legal team has handled numerous trucking accident cases for injured victims. Our compassionate approach ensures that clients receive the support they need during the challenging aftermath of a truck accident.
Below are some of the most common forms of truck driver negligence we have seen:
- The truck driver was poorly or inadequately trained.
- The driver exceeded the legal hours of service rules and was driving while fatigued.
- The driver was texting or using their phone while driving.
- The driver overcorrected or made another serious maneuvering mistake.
- The driver was intoxicated.
- The driver sped, traveled too fast for the conditions, or failed to look before changing lanes.
- The cargo was overloaded or improperly loaded.
- The trucking company or driver failed to maintain or repair the truck properly.
When we investigate your accident, we will pinpoint what went wrong, and from there, we can identify the liable party or parties. Our commitment to seeking the truth allows us to build strong and compelling cases for our clients.
How The Elements Of Liability Work In A Truck Accident Case
Determining liability in a trucking accident case can be complex. Multiple parties, including the truck driver and vehicle manufacturer, may be responsible for the crash.
As your lawyers, we can apply the elements of liability to your truck accident claim:
- The defendant must have owed you a legal duty: Everyone driving a motor vehicle on public roadways must obey traffic laws and drive carefully. The law limits commercial truck drivers’ hours without taking a rest break.
- The at-fault driver breached the legal duty of care: When someone violates a standard of care, they are negligent. Let’s say a tractor-trailer driver worked longer than the law allows without a rest break. Even if the driver does not get into a collision, they are negligent for breaking that law.
- The careless action must cause the accident: If another party’s negligence caused or contributed to the accident, the situation meets the required causation factor. In our scenario, the commercial vehicle driver fell asleep at the wheel, drove across the median, and struck another vehicle head-on. Their carelessness caused the collision.
- You suffered damages as a result of the crash: Usually, you must have measurable losses to pursue a claim for compensation in a personal injury case. If you sustained physical injuries, you have quantifiable damages that satisfy this required element of liability.
When we can prove all four of the necessary factors of liability based on negligence, we can seek compensation from the at-fault party. This involves gathering evidence such as police reports, witness statements, medical records, and expert opinions. It’s essential to have skilled truck accident attorneys who can assist you in building a strong case.
Types of Losses You Could Recover With a Jacksonville, FL, Truck Accident Claim
Our personal injury lawyers can help you pursue several forms of financial compensation for your losses and expenses related to your injuries.
The value of your claim depends on the severity of your injuries, prognosis, the estimated dollar amount of your current and future medical bills, the duration of your disability, and other factors. Cases where the victim sustained lots of scarring, an amputation, or another disfigurement, will naturally result in more losses.
Some of the damages we can seek recovery for on your behalf include:
- Medical costs
- Physical therapy and rehabilitation
- Lost wages, reduced earning capacity, and loss of work benefits
- Property damage to your vehicle
- Mental anguish
- Pain and suffering
- Reduced quality of life
- Physical and intellectual disability
- The effect of your injuries on your job, family, and sense of well-being
Similarly, if your loved one died in a truck accident, our Jacksonville wrongful death lawyers will help you can seek compensation for the losses you have sustained. Wrongful death damages include loss of financial contributions your loved one would have made, funeral and burial expenses, and loss of support and consortium.
How Our Jacksonville, FL, Truck Accident Attorneys Can Pursue the Compensation You Need
Neither the law nor insurance companies are easy to deal with. They each have rules and priorities that do not necessarily coincide with your needs. However, our team will protect your rights and give you time to recover from this terrible event.
Investigate the Crash
Even if you clearly recollect the accident, your testimony may not be enough to get the money you need. While we can include your statement as part of our case file, we can also use a wide range of supporting evidence.
Our truck accident attorneys in Jacksonville, FL, can:
- Visit the accident scene
- Review news reports, personal photos, surveillance cam footage, and other materials that depict the collision
- Request copies of your medical records, the official accident report, and more
- Speak with witnesses and experts who may provide important insight into what happened
- Provide the liable party with any evidence they request from you
- Request evidence from the liable party
etermine A Course Of Action
Many cases settle out of court without anyone setting foot in a courtroom. Others require us to argue our case before a judge and jury.
Whether your case goes to court depends on numerous factors, including the liable party’s willingness (or unwillingness) to negotiate. Our experience enables us to guide clients toward the action that will get them fast and fair compensation.
The Importance Of Expert Witnesses In A Jacksonville Truck Accident Case
Expert witnesses possess specialized knowledge and experience that can help prove negligence by the responsible parties. They bring credibility and expertise to these cases, helping to ensure that victims receive fair compensation.
One key reason expert witnesses are important in a Jacksonville truck accident case is their ability to interpret evidence. Truck accidents often involve complex factors, such as vehicle dynamics, mechanical failures, road conditions, or driver behavior.
Expert witnesses specializing in accident reconstruction, engineering, or trucking regulations can examine the evidence from these perspectives and offer professional opinions about what likely caused the crash. Their testimony can help establish how negligence played a role in the accident.
Analysis Of Trucking Operations
Moreover, expert witnesses can testify about industry standards and best practices regarding trucking operations. This is particularly relevant in cases where negligence may have occurred due to inadequate training, violation of safety regulations, or improper maintenance procedures.
An expert witness can shed light on these issues by explaining what standards were violated and how they contributed to the accident. Doing so strengthens the victim’s claim for compensation by highlighting the defendant’s failure to uphold their duty of care.
Expert witness testimonies carry weight with judges and juries because they have no personal stake in the outcome of the case. With their objective analyses and expertise guiding them, they present information that helps clarify complex matters.
The Deadline For Taking Action In Your Jacksonville Truck Accident Case
Florida imposes time limits, called “statute of limitations,” on all personal injury lawsuits, including truck accident cases. In most cases, you have two years to take legal action. If you miss the filing deadline, you can no longer file a civil suit against the at-fault party.
You also won’t be able to get an insurance settlement for your injuries and other losses. The at-fault party and their liability insurance carrier will get away with the harm you suffered without paying you anything.
You Can Afford To Hire a Jacksonville Truck Accident Lawyer
It’s bad enough to deal with the pain and stress of your injuries and the medical procedures needed to treat them. You shouldn’t also have to battle a multibillion-dollar insurance corporation alone.
Florida law allows us to handle personal injury claims on a contingency fee basis rather than charging our clients by the hour. You will not have to pay us any upfront legal fees to retain us. We work hard for you and wait patiently until the end for payment.
Instead of an hourly rate, we will receive a percentage of the potential settlement or jury award. We will give you that percentage at the beginning of your case so you know what to expect. In other words, you can afford to hire an attorney because we don’t get paid until you win.
Choosing the Right Truck Accident Lawyer For Your Jacksonville Case
A truck accident lawyer can help because they understand these types of cases’ complexities and unique challenges. They have extensive knowledge of federal and state regulations governing commercial trucks and can navigate the intricacies of insurance coverage.
Looking for a truck accident lawyer experienced in personal injury law is important. Personal injury lawyers understand how to handle cases involving bodily harm caused by negligence or wrongdoing. They know how to gather evidence, negotiate with insurance companies, and present a compelling argument before a judge or jury.
Also, consider their track record of success in handling similar cases. Look for testimonials or reviews from past clients who were satisfied with the outcome of their cases. A reputable attorney will have a proven history of securing favorable client settlements or verdicts.
The Benefits of Hiring Our Truck Accident Attorneys In Jacksonville
Since we founded the personal injury law firm in 2005, we helped many clients reclaim their lives. We are dedicated to treating each client with the utmost respect and empathy as fellow human beings.
We Are Dedicated Truck Accident Lawyers
When it comes to truck accidents, various types of crashes can occur, each with its own set of causes. From rear-end collisions to jackknife accidents, we have seen it all. After an accident, it is essential to take immediate action by gathering evidence and determining liability.
Your Lawyer Will Review Your Legal Options
If you or a loved one has been involved in a truck accident in Jacksonville, FL, it is crucial to understand your rights and the legal options. That’s where our lawyers can help. We are here to provide you with the necessary guidance and support during this challenging time.
Our team of attorneys specializes in handling truck accident cases and is well-versed in the specific laws and regulations governing these accidents in Florida. We understand the complexities of these cases and will work tirelessly to ensure your rights are protected and you receive the compensation you deserve.
We’ll Keep You Updated About Your Claim
You will receive frequent updates on your case, and we will give you your attorney’s personal phone number. You can expect us to respond to all your calls and emails. We’ll even help you get your car fixed.
We Offer Compassionate Legal Support
Our team will assist you throughout this process, working to build a strong case on your behalf. Don’t navigate the aftermath of a truck accident alone. Contact our Jacksonville truck accident lawyers today to schedule a consultation and get started on your path toward justice.
Frequently Asked Questions About Jacksonville Truck Accidents
As trucking accident lawyers, we understand that the legal aftermath can be confusing. If you were recently involved in a collision, you may have questions, and we are here to answer them.
How Long Do I Have To File A Lawsuit For A Jacksonville Truck Accident Injury?
You typically have limited time to file a lawsuit for a truck accident injury in Jacksonville. Generally, you only have two years to file a personal injury lawsuit. It is important to consult with a lawyer as soon as possible to determine the specific deadline in your case since some circumstances can stall the deadline.
A Jacksonville truck accident attorney can help you meet your filing deadline and work to make the legal process as time-efficient as possible. It all starts with you, though.
What Types Of Evidence Should I Gather After A Truck Accident?
After a Jacksonville truck accident, we should gather evidence such as photographs of the scene and vehicles involved, witness statements, police reports, medical records, and surveillance footage. This evidence can be crucial for building a strong case.
This is why it is so important to seek medical care after an accident. You deserve to reach your maximum medical recovery, and your doctor’s testimony is essential for building a case for compensation. They can attest to your need for ongoing medical care, for example. You don’t want to be left footing the bill for someone else’s negligence down the road.
How Does Determining Liability Work in a 18-Wheeler Accident?
Determining liability in a Jacksonville 18-wheeler accident involves investigating factors such as driver negligence, company policies, and maintenance records. By gathering evidence and consulting experts, we can determine who is at fault for the accident.
What Role Do Insurance Companies Play In Truck Accident Claims?
Insurance companies play a crucial role in Jacksonville truck accident claims. They are responsible for investigating the incident, determining liability, and compensating the victims. Their involvement is essential in resolving legal matters and ensuring fair settlements.
What Factors Are Considered When Negotiating A Truck Accident Settlement With The Insurance Company?
When negotiating a truck accident settlement with the insurance company, factors like the extent of injuries, property damage, medical expenses, lost wages, and future damages are considered. You have the right to consult with a Jacksonville, FL, truck accident attorney for guidance.
Contact Us Today for Your Free, No-Obligation Consultation To Discuss Your Jacksonville Truck Accident Case
Reach out to the Law Offices of Anidjar & Levine today for a case evaluation to see how a truck accident attorney can be of service to you after your Jacksonville accident. If a negligent party is responsible, you deserve restitution for your injuries and other damages.
We handle cases on contingency, meaning you pay nothing upfront. We obtain compensation for you, and the fees come from your settlement or court award. We only get paid when we win your case. Contact us to learn about how a Jacksonville truck accident attorney can help. We can discuss your case during a free consultation.
We Can Help.