Tampa Truck Accident Lawyer

In crashes involving large trucks, the occupants of smaller vehicles were significantly more likely to be injured or killed than the truck operators or passengers, according to the National Highway Traffic Safety Administration (NHTSA). In addition, commercial vehicles are often the most common truck involved in these accidents.

If you were injured in a truck crash, a Tampa, FL, truck accident lawyer from our law firm can help. We do not charge upfront legal fees in these cases; our legal fees come from the settlement or award when your case is finalized. We will take care of your legal matters so you can focus on healing from your injuries.

Florida’s Statute of Limitations Applies to Truck Accident Lawsuits

You have a limited time to file a truck accident claim to hold the liable party accountable for their negligence. Florida Statutes § 95.11 enforces a four-year window for personal injury victims to file an insurance claim and a two-year window for wrongful death lawsuits. Evidence can fade quickly, and witnesses may forget critical details; therefore, we must investigate your claim as soon as possible.

Also, the court might bar you from suing if you attempt to file past the deadline. You don’t want to make the mistake of ignoring the statute of limitations because you want to settle your case instead of litigating. The insurer may not pay anything past the filing deadline because their legal obligations end on that date.

This is why you must get in touch with one of our personal injury attorneys as soon as possible. By doing so, we’ll be able to meet the deadlines so you can recover maximum compensation for your injuries.

Proving Negligence in a Truck Crash in Tampa

There are several possibilities as to who could be responsible for paying you compensation. For example, it could be:

• The truck driver.
• The truck driver’s employer.
• The trucking company.
• The cargo company.
• A government agency.

Before we can hold the defendant liable for your injuries, we must prove the four elements of negligence. The following must be present in your accident:

Duty of Care

The person responsible for your injuries must have an obligation to act responsibly. Every driver owes a duty of care to everyone else on the road and within harm’s way. The driver’s duty is to obey the law and drive cautiously, keeping a careful lookout.

Breach of the Duty of Care

Failing to measure up to the duty of care is considered negligence. Let’s say a truck driver was using their phone while driving to get the address and directions to the location for the next delivery.

Using the phone while driving, instead of pulling over for directions, is considered a negligent action because the driver was not giving their full attention to the road. Due to this lack of attention, they have breached their duty of care.

Causation

Following the example above, since the driver was looking at the phone instead of focusing on the road ahead, the truck driver failed to see that traffic had stopped for road construction. They slammed into the back of a stopped vehicle, causing a multi-car collision.

The truck driver’s negligence caused the accident. Our lawyers can use evidence to prove that the negligent party’s actions are connected and are the reason for your injuries.

Measurable Damages

The last element of negligence that must be present is actual damages. These can have a financial effect or a non-financial effect.

In the example, several people sustained injuries in the truck crash. Everyone with a physical injury has quantifiable damages and can sue the truck driver for their losses.

How Parties Can Be Negligent in a Tampa Truck Crash

Many different people can cause a truck accident in Tampa. The most common liable parties include:

Negligent Truck Driver

Truck drivers have a responsibility to focus on the road while driving. They operate large vehicles that take longer to stop than most cars and could easily tip over due to their high center of gravity. Drivers sometimes cause accidents while operating a vehicle as a result of the following:

• Distracted driving
• Drowsy driving
• Driver error
• Drunk driving
• Driver fatigue

These conditions often encourage reckless or dangerous behavior, like speeding, swerving between lanes, or tailgating.

The Trucking or Cargo Company

Sometimes, drivers are not the only party at fault for collisions in Tampa. We take on cases where the trucking company directly causes an accident, often by:

• Hiring inexperienced drivers
• Overloading or improperly loading a truck
• Failing to perform proper maintenance
• Forcing drivers to drive an excessive amount of hours

In these situations, trucking accidents may occur despite a truck driver’s best efforts. We focus on helping you pursue compensation from the company that made dangerous decisions to cover your healthcare expenses, vehicle repairs, and other losses.

The Truck Manufacturer

Sometimes, truck manufacturers make faulty vehicles. These vehicles may have issues with the brakes or other important safety systems, causing failures while the trucks are on the road. In these situations, accidents can occur.

We can help if a defect played a role in your accident. We understand the steps necessary to take on large vehicle manufacturers on your behalf.

Issues with the Road

Finally, we sometimes see truck accidents in Tampa due to confusing road signs or roads in poor repair. In these situations, the city may be responsible for the collision. Your lawyer can discuss your options if this is the case.

If You Share Fault in Your Tampa Truck Accident

Many wrecks happen because more than one person made a mistake. If you were partly at fault in the collision, Florida Statutes § 768.81 allows you to recover a portion of the damages.

Our state follows the law of comparative negligence. This rule will deduct an amount from your compensation to reflect your portion of the total fault.

In other words, if your damages were $50,000 and you hold 20% of the fault, the comparative negligence rule will deduct $10,000 from your damages to account for 10% of the blame. In turn, you can collect $40,000.

Damages in a Tampa Truck Accident

We cannot immediately tell you how much and which damages you can get for your losses from a Tampa truck accident because every case is different. The damages you can collect will depend on the facts of your case. Here are some of the common categories of damages in truck accidents:

• Medical Expenses: These damages include the ambulance, emergency room, hospital stays, surgeries, imaging tests like x-rays, diagnostic procedures, lab work, prescription drugs, and physical therapy you may need.
• Rehabilitation: If you need to get specialized treatment for weeks, months, or longer for your injuries, this damage can help cover the costs.
• Future medical care: It’s not always clear what medical treatments and personal care you may need after an accident; this damage can ensure you can afford any medical costs.
• Lost income: When you’re injured, you may lose wages, salary, tips, bonuses, or opportunities for other income because of your injuries, but we can help you earn what you would have.
• Pain and suffering: You can recover compensation for damages of the physical pain and mental anguish you have had to endure since the truck accident.
• Loss of enjoyment: If your injuries prevent you from doing activities you love, we can help you get compensation for this non-economic damage.
• Wrongful death: In the case of fatal crashes, you can recover damages for the burial and memorial service expenses, the final medical bills, and your pain and suffering.

Things You Should Do After a Tampa Truck Accident

Every case is different, so the exact steps you should take will depend on the facts of your situation. In general, it is a smart idea to protect the value of your compensation claim by following these tips:

Seek Medical Help

Get medical attention right away. You need a medical professional to perform an examination, document your injuries, and begin treatment. Delay in treatment can lead to a less favorable outcome in the healing process.

You might not realize you have sustained an injury because some injuries do not always have immediate symptoms. Also, your medical records will prove that your injuries came from the crash.

Make sure you seek treatment if you experience the following:

• Broken bones or fractures
• Chest injuries
• Injuries to your head, neck, or back, including whiplash
• Brain injuries, including a traumatic brain injury (TBI) or a concussion
• Burns, cuts, or soft tissue injuries
• Internal injuries or organ damage
• Paralysis or the loss of a limb

We understand commercial truck accidents often cause severe injuries and can support you during your recovery. By allowing our team to take care of your legal needs, you can put your focus on recovering from your injuries and moving forward with your life.

Consider Talking to Our Firm

A lawyer can be your legal advocate while you recuperate after a Tampa truck accident. You can rely on them to:

• Search for evidence and create a file for you
• Provide you with regular updates about your case
• Name the negligent party or parties
• Keep in contact with involved parties and their representatives
• Negotiate a fair settlement on your behalf and protect you from lowball settlements
• Adhere to state-enforced deadlines
• Dispute your case in trial, if we cannot agree on an amount during negotiations
• Quickly respond to your emails and questions
• Assist you with getting your vehicle repaired and setting up appointments within your hours of availability

If you have additional questions about handling your accident, your truck accident attorney can provide personalized advice. We understand what you’re going through after a collision with a trucker in Florida and always work to put you first. We are available 24/7, and your attorney will even give you their phone number.

Beware of the Insurance Company

The insurance company will try to dispose of your claim immediately. The insurance adjuster’s job is to pay you as little money as possible for your injuries. A personal injury lawyer on our team can help you avoid the common pitfalls of dealing with insurance companies.

Many people make the mistake of accepting a quick settlement offer, not realizing it’s the only payment they will get, and they have to pay their medical bills out of that check. If you don’t fully recuperate from your injuries, you will not get any more money from the insurance company. Also, do not give a recorded statement to the insurance company without your lawyer’s prior approval.

The adjuster can use the recorded statement to their advantage and twist your words. Doing so gives the adjuster an argument to decrease the value of your case. No matter how many times the insurance adjuster tries to devalue your claim, our team will defend you.

Do Not Post About Your Truck Collision on Social Media

We advise our clients to take a break from social media until we resolve their personal injury claims. You would not want an honest comment about the other driver to be used against you by the defendant’s insurance company. The insurer will likely get to access your social media accounts, regardless of your privacy settings.

When the insurance company “cherry-picks” things from your posts, those things can get taken out of context and twisted into something you did not intend. Spare yourself the grief of that happening by staying off your accounts during the injury claim.

How Truck Accidents Are Different from Car Accidents

In addition to a higher likelihood of more severe injuries than in the usual car crash, truck accidents tend to involve more potential defendants and liability insurance companies than in a standard collision. Here are some of the special considerations of these accidents:

Insurance Policies

Both the driver and the trucking company might carry liability insurance. While this coverage might sound like a good thing, with more available to compensate you for your injuries, it is likely that each company will point the finger at the other and claim that you must seek financial compensation from the other company.

State and Federal Laws

Federal and state laws apply to truck drivers and not to drivers of passenger cars. Unless you have experience in the trucking industry, you might not know these regulations. We can investigate whether the truck driver or trucking company violated state or federal law.

Contact One of Our Lawyers After a Truck Accident in Tampa

Our legal team is ready to fight for compensation if you sustained truck accident injuries. We are advocates for truck accident victims, and we’re dedicated to helping you recover financially after a truck crash.

All you need to worry about is getting better. Call our experienced team at the Law Offices of Anidjar and Levine or fill out the contact form on our website for a free consultation.