In 2015, the state of Florida saw just shy of 346 million tons of freight enter through its borders, according to the Bureau of Transportation Statistics. Trucking may have accounted for most of the freight’s movements in and out of Florida. While trucks and truck drivers may play a crucial role in Florida and the national economy. They also have the capacity to inflict great harm during an accident.
Common Questions For Those Involved In An Orlando Truck Accident
- Is It Worth Hiring an Orlando Truck Accident Lawyer?
- Should I Hire an Orlando Truck Accident Lawyer for a Minor Accident?
- What Is the Average Settlement for an Orlando Truck Accident?
- What Damages Can I Collect for an Orlando Truck Accident?
- Can I Sue Someone Personally After an Orlando Truck Accident?
- Will My Orlando Truck Accident Lawyer Deal With the Insurance Companies for Me?
- How Long Does an Orlando Truck Accident Claim Take to Settle?
- Do You Have to Go to Court for an Orlando Truck Accident?
- What Happens in Orlando if the At-Fault Party Does Not Have Truck Insurance?
- Who Can Be Sued in an Orlando Truck Accident Case?
- What Should I Do in the Days Following an Orlando Truck Accident?
- What Should I Do at the Scene of an Orlando Truck Accident?
- What Percentage Do Orlando Truck Accident Lawyers Take?
- What Lawyer Deals With Orlando Truck Accidents?
- What Can I Do to Protect My Rights After an Orlando Truck Accident?
- How Much Will It Cost to Hire an Orlando Truck Accident Lawyer?
- How Much Should You Settle for After an Orlando Truck Accident?
- How Much Do Orlando Lawyers Charge for Truck Accident Claims?
- How Long Do I Have to File a Lawsuit After an Orlando Truck Accident?
- Can You Sue for a Rear-End Truck Collision in Orlando?
- When Should You Get a Lawyer for an Orlando Truck Accident?
- How Do I Find a Good Orlando Truck Accident Lawyer?
- What Does an Orlando Truck Accident Lawyer Do?
- What to Do After an Orlando Truck Accident?
- How Are Orlando Truck Accidents Different Than Car Accidents?
- Is the Truck Driver or Trucking Company Responsible in an Orlando Truck Accident?
- What Are the Types of Orlando Truck Accidents?
- How Is Negligence Established in an Orlando Truck Accident?
Some of the features of large trucks which may present a danger of a serious accident include:
- A total weight far greater than the typical passenger vehicle
- A lesser ability to stop quickly, due in part to the size and weight of large trucks
- A greater number of blind spots
- Less ability to maneuver in an agile manner, which could make avoiding impending collisions more difficult
In addition to the inherently dangerous nature of large trucks themselves, the nature of the trucking industry may expose truck drivers to:
- Long periods of driving, which may lead to drowsiness or the use of illicit substances to help a driver stay awake
- Greater wear and tear on their vehicles, which may lead to malfunctioning parts
- A greater number of total traffic interactions, which could increase their overall risk of being in an accident
If you or your loved one were injured or killed in an accident involving a truck, an Orlando truck accident lawyer may be able to assist you. Call the Law Offices of Anidjar & Levine today at 1-407-500-4000 to learn how an Orlando truck accident lawyer may provide responsive legal care.
Is It Worth Hiring an Orlando Truck Accident Lawyer?
You may determine whether it is worth it for you to hire an Orlando truck accident attorney based on several factors. You may consider:
- Whether you or your loved one suffered one or more injuries because of your truck accident
- Whether you consider any injuries suffered in your accident to be serious, and how much it may cost to treat those injuries completely
- Whether the driver who caused your accident is insured
- The extent to which your insurance, and the insurance of any driver responsible for your accident, cover the cost of your accident—including all costs arising from your injuries
- Whether you believe that one or more parties who contributed to your accident acted in a way that was negligent, and possibly grossly negligent
- Whether a loved one died as the result of a truck accident
It may be worth it for you to hire a lawyer if:
- You believe that insurance will not cover your losses
- You would like to hold those responsible for your losses, including but not limited to the death of a loved one
- You do not have personal experience trying legal cases, and lawsuits specifically
- You do not have extra time, patience, or effort to dedicate to bringing a lawsuit on your own
Consider hiring a lawyer if any of these conditions apply to you.
Should I Hire an Orlando Truck Accident Lawyer for a Minor Accident?
You may want to consider hiring an Orlando truck accident lawyer even if you believe that your accident was minor. The nature of any given accident may not be as it initially appears, and this may be particularly true of a collision with a truck.
It is possible that:
- You may not be initially aware of injuries suffered in the accident, with symptoms only appearing hours, days, or weeks after the accident
- The symptoms of any injuries that you are aware of could be worse than you initially realize
It may be preferable for you to take a more cautious approach—that is, by calling a law firm—rather than assuming that an accident is minor only to find out later that:
- The accident was, in fact, quite serious
- You can no longer pursue the legal action that would be necessary to enact justice because you waited too long to contact a lawyer
Some possible truck accident-related injuries that may produce worsening symptoms include:
- Whiplash, which Mayo Clinic explains may come from a rear end collision, whether it is with a truck or another vehicle
- Hemorrhage, which could become deadly if internal bleeding goes unnoticed
- A number of other possible truck accident injuries
When in doubt, you may want to speak with a lawyer or their team.
What Is the Average Settlement for an Orlando Truck Accident?
It is difficult to say what the average settlement for an Orlando truck accident is, because every accident may vary in terms of:
- Who is at fault for the accident
- The injuries that an accident causes
- The cost of treating injuries caused in a truck accident
- The secondary consequences of any injuries inflicted during a truck accident
- The share of liability that those in a truck accident share
Even if you were to possess a database of average settlements for all truck accidents in Orlando, those statistics may have no bearing on the range of compensation that you or your loved one may be entitled to collect. When assessing possible compensation that you or a loved one may receive after a truck accident, you may consider:
- What, in the most precise possible terms, the driver did to contribute to your accident
- Whether the driver has an employer, and whether their employer may have acted negligently in one or more ways
- The totality of the injuries you or your loved one suffered because of the accident
- How your injuries have impacted you already, and how they may impact you going forward
A lawyer could help you brainstorm these and other questions relevant to truck accident-related compensation.
What Damages Can I Collect for an Orlando Truck Accident?
An article titled “Measure of Damages in Personal Injury Cases” published in the University of Miami Law School Institutional Repository
states that the general aim of compensation in personal injury lawsuits may be to:
- Reimburse a plaintiff for financial losses they would not likely have suffered were it not for the injurious actions of one or more defendants
- To reimburse a plaintiff for non-economic damages, such as pain and suffering
The article elaborates on some of the specific losses that one might suffer during an incident warranting a personal injury or wrongful death lawsuit, such as a truck accident. Some of your losses—or the losses of a loved one—which may be compensated through a personal injury lawsuit include:
- The cost of medical expenses directly related to your accident
- The value of lost income which you forfeited because of the effects of your accident
- “Impairment” of your ability to earn at a certain level, which may be based on your earning capacity before your accident
- The value of your pain and suffering
Each lawsuit may have unique considerations, possibly including whether a truck accident was fatal. These considerations may impact your range of possible compensatory awards. Call our team at the Law Offices of Anidjar & Levine today at 1-407-500-4000 for a free consultation.
Can I Sue Someone Personally After an Orlando Truck Accident?
You may be able to sue somebody personally after a truck accident in Orlando. A lawsuit with one or more individual defendants may be possible if:
- The truck driver who is involved in your accident does not have the requisite minimum insurance coverage as mandated by Florida Statutes § 324.021
- An individual or their insurance company is refuting your account of the accident, and therefore not accepting their fair share of financial responsibility for your losses
- Any insurance coverage that the driver, or any other responsible parties, has is not sufficient to cover the losses you sustained because of your accident
- Your loved one died as the result of a truck accident and you feel that a lawsuit is necessary to enact the proper measure of justice
An Orlando truck accident lawyer may help you determine each and every person who is responsible for your accident. Possible defendants in your lawsuit may include:
- The driver directly responsible for causing your accident
- The employer of the truck driver
- A government entity, if road conditions or other government-related conditions contributed to the accident
- Any other party whose actions increased the likelihood of an accident occurring
One or more parties could owe you compensation for your losses.
Will My Orlando Truck Accident Lawyer Deal With the Insurance Companies for Me?
One of the services that a lawyer may provide is representing you in matters concerning one or more insurance companies. A lawyer may help you in negotiations and other correspondence with insurance companies which could have virtually unlimited resources to fight against paying you fair compensation.
According to the Insurance Information Institute (III), insurance companies made more than $1,000 from the average customer in 2017 from insurance premiums. This seems to be a profitable model, as IBISWorld notes that the industry is set to earn over $308 billion this year.
A lawyer may be able to protect you from being taken advantage of by:
- Advising you on how to deliver your statement to an insurer so that you do not make any inaccurate or self-harming statements
- Helping you understand any tactics an insurance company may be taking to avoid paying you full compensation
- Advising you on whether any insurance settlement offers are fair, based on the facts of your truck accident
- Taking steps to pursue compensation through non-insurance pathways if you agree that an insurance company is not acting in good faith, or their best settlement offer is not sufficient
A lawsuit may be an alternate means of seeking compensation in lieu of a fair insurance settlement.
How Long Does an Orlando Truck Accident Claim Take to Settle?
No two Orlando truck accidents are precisely the same, and so there may be no definitive answer as to how long your Orlando truck accident claim may take to settle. Several variable factors could determine the length of time that your settlement requires, including:
- The extent to which you and others involved in your accident agree, or disagree, about your account of the accident
- Whether your injuries may be minor enough to be covered by insurance
- Whether insurance companies representing at-fault parties offer you a fair settlement
- How long it takes an insurance company to offer a settlement that you believe is sufficient
- Whether you decide to bring a lawsuit in order to pursue the compensation you deserve
- How long it takes for your lawsuit to be processed in court
- Whether the defendant(s) named in your lawsuit offer a settlement, and whether you can come to terms that you both agree upon
- Whether your lawsuit requires a trial in order to reach a conclusion
There is no way to say for certain how long your lawsuit may take, as a specific judge, attorney, or defendant could singlehandedly impact the pace of proceedings. A lawyer may give you a more precise estimate of timelines pertaining to your pursuit of compensation.
Do You Have to Go to Court for an Orlando Truck Accident?
You may not have to go to court to obtain compensation for an Orlando truck accident. In addition to a pre-trial legal settlement, you may be able to obtain the compensation that you need through negotiations with an insurance company. Still, if your lawsuit does require a trial and related court appearances, then a lawyer may be able to:
- Negotiate with attorneys for the defense throughout the court process, as they could become more receptive to a settlement as the trial moves forward
- Present the case as to why the defendant or defendants named in your lawsuit are responsible for your losses
- Present evidence of the losses you sustained because of the accident, and request from a judge or jury the amount of compensation that they have assigned to your losses
A lawyer may attempt to avoid trial because:
- You may receive compensation more quickly through a settlement
- A settlement may be the least strenuous path to obtain compensation
If you decide to go to trial, your lawyer will fight for any awards to which you are entitled in court. Call our team at the Law Offices of Anidjar & Levine today at 1-407-500-4000 for details about our legal services.
What Happens in Orlando if the At-Fault Party Does Not Have Truck Insurance?
A lawsuit could be required to seek compensation if the truck driver at fault for your accident does not have insurance.
The state of Florida requires that all drivers, including those who drive trucks, have a certain amount of insurance coverage. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) affirms that minimum insurance requirements for all drivers include:
- $10,000 worth of property damage liability (PDL) insurance
- $10,000 worth of personal injury protection (PIP) insurance
In addition to the required dollar amounts of coverage, truck drivers:
- Have no legal reason not to have active insurance at the time of your accident
- Must maintain active insurance at all times, regardless of how frequently they are driving their vehicle
- May be driving illegally if they are not insured
- May lose their license and registration for a period and be required to pay a fine to reinstate both if they were uninsured during your accident
A truck driver who does not have insurance may also not be able to cover your losses through an insurance company, and so you may need to pursue compensation from them in a lawsuit where they are named personally as a defendant.
Who Can Be Sued in an Orlando Truck Accident Case?
The pool of individuals or non-human entities that you may sue after an Orlando truck accident will be determined by the facts of your accident. Some possible defendants in a truck accident lawsuit include:
- The driver of the truck involved in your accident
- The employer of the driver of the truck (if the accident occurred during the course of their job)
- Any individuals—such as road workers, bicyclists, or pedestrians—whose actions contributed to the onset of or severity of your accident
- A company whose part failed to function as it is intended to do and contributed to your accident
- Any individual or governing body, such as a local government, whose actions may have contributed to your accident (think dilapidated road conditions causing an accident to occur)
An Orlando truck accident lawyer could examine the facts of your case and point out liable defendants of whom you were not previously aware. While you may be generally aware of a person, business, or other responsible entity, you may not realize that their status relative to your accident or their actions make them liable for some portion of your losses.
What Should I Do in the Days Following an Orlando Truck Accident?
In the days following your Orlando truck accident, you may want to consider:
- Your health
- Reporting requirements
- The value of legal representation
In terms of your health, you may want to:
- Examine yourself for injuries that have emerged or worsened since your accident occurred
- Seek medical attention, even if you received medical care at the scene of the accident
- Obtain formal, detailed documentation for any injuries that you have, unclassified symptoms that you are experiencing, and medical care that you receive
You may want to consider being evaluated for brain injury specifically, as rapid movement of your head could result in the trauma and symptoms that you may dismiss as mild could be indicative of a serious brain injury. Documentation of neurological injury could prove to be valuable as you seek compensation.
After your accident, you may also:
- Obtain copies of the police report for your accident, if one exists
- File a report of your accident if the police did not respond to your accident, as Florida Statutes §316.066 requires that your accident be reported within 10 days of a completed investigation
You can also speak with a legal team about pursuing any compensation to which you are entitled, whether you decide to initiate a lawsuit or not.
What Should I Do at the Scene of an Orlando Truck Accident?
Some of the actions that you may want to take after a collision include:
- Protect your safety by turning on your hazard lights, monitoring the flow of oncoming traffic, and remaining in your seat with your seatbelt fastened until you can safely depart the vehicle
- Contact emergency responders by calling 9-1-1 if somebody has not already done so
- Examine yourself for any injuries and, if necessary, take steps to address injuries in any way that you know how—such as stanching blood flow
- Obtain contact information from those involved in your truck accident
- Note other important information, such as the truck driver’s employer, which could be important at a later date
- Exchange insurance information with all parties involved in the accident
- Obtain the names and contact information for any witnesses to the accident
If your injuries do not prevent you from doing so, you may obtain photographic and video evidence of damage to yourself, your vehicle, as well as a general landscape of the accident scene. You may want to place your first call to a lawyer.
What Percentage Do Orlando Truck Accident Lawyers Take?
An attorney who receives payment on a contingency-fee basis may only take a percentage of your winnings, rather than receiving compensation upfront. This percentage:
- May consist of a portion of your settlement, up to a certain amount of winnings
- May vary once your winnings surpass a certain amount of winnings
- May increase (if only slightly) if your case requires an appeal
- May not include costs and fees that could arise during your case
Every attorney is different, and the percentage that your lawyer takes may depend on:
- The specific rates that your lawyer charges on a case-by-case basis
- The details of your case and the amount of anticipated effort and resources that your lawyer anticipates in order to win your case, which is their goal—but not guaranteed
- What percentage you are able to negotiate for yourself before officially becoming your lawyer’s client (some lawyers may be more willing to negotiate a contingency-fee percentage than others)
- The reputation and track record of the lawyer who you are considering
A contingency fee may protect you from having to pay any upfront cost for legal representation. Call our team at the Law Offices of Anidjar & Levine today at 1-407-500-4000 to learn more about our payment structure and services.
What Lawyer Deals With Orlando Truck Accidents?
A personal injury lawyer may generally be the class of attorney that handles Orlando truck accidents. Several conditions may lead you to contact a personal injury lawyer, and the issue of liability may be at the heart of this decision.
The American Bar Association (ABA) affirms that a person may be liable in some capacity for your losses if their harmful actions were:
- Willful, malicious, or intentional
- Liable for your losses based on their status (strict liability)
You may choose to speak with a personal injury lawyer after your Orlando truck accident if:
- Your loved one was seriously injured or killed as the result of a truck accident, and their medical costs are likely to be great
- You believe that a truck driver was egregiously negligent in the manner in which they caused your accident (or a loved one’s accident)
- You want to be sufficiently prepared before speaking with insurance companies
- You know or suspect that you would like to pursue compensation beyond what insurance may provide
- You are generally unaware of how to proceed after a truck accident
Hiring a lawyer may help you defend your rights and proceed intentionally in the wake of a traumatic accident.
What Can I Do to Protect My Rights After an Orlando Truck Accident?
In order to protect your rights after an Orlando truck accident, you may want to speak with a legal team:
- In the immediate hours or days after your accident, as several factors of which you may be unaware could be time-sensitive
- Before speaking with your insurance company about your accident
- Before or after you receive medical care, as you may benefit from taking several health-specific actions
- Before the statutes of limitations for bringing a lawsuit in Florida—generally four years for a personal injury and two years for a wrongful death, per Florida Statutes §95.11—expire
- To consider whether you may want to initiate a lawsuit against one or more responsible parties
It is never too late to protect your rights, though acting sooner may limit the number of opportunities that arise in which your rights could be violated. You may want to speak with a legal team about protecting your rights regardless of:
- How much time has passed since your accident
- Whether you have already given an insurance-related statement
- Whether you have a firm stance regarding a potential lawsuit
A lawyer may be able to give you clarity regarding your options for seeking compensation after a truck accident lawyer.
How Much Will It Cost to Hire an Orlando Truck Accident Lawyer?
It may cost you nothing upfront or out of pocket to hire an Orlando truck accident lawyer, as personal injury lawyers may generally operate on a contingency-fee basis. This sort of pay structure means that:
- You do not pay a lawyer for their services either before or after those services are completed
- A lawyer will work on your case, negotiate a settlement, and bring your case to trial if necessary, without you having to pay them
- A lawyer may only receive payment if they win a settlement or judgement for you
- A lawyer may collect their payment as a percentage of any settlement or judgement that they win for you, with the percentage agreed upon before they begin working on your case
A lawyer from the Law Offices of Anidjar & Levine can support you through your case. We work on a contingency-fee basis and
In addition to the benefit of your lawyer’s investment in your lawsuit, this payment structure may:
- Provide legal assistance to those of limited means
- Allow justice to be served on merit, rather than on financial status
You may choose to hire a personal injury lawyer who offers a contingency-fee payment structure.
How Much Should You Settle for After an Orlando Truck Accident?
In order to assess a fair amount of compensation after your Orlando truck accident, a lawyer may need to:
- Obtain the material facts of your accident
- Determine who was the cause of your accident, and whether their actions qualify as negligence
- Determine whether any parties besides the truck driver are somehow responsible for a portion of your losses
- Assess the extent of the damages you or your loved one suffered because of your accident
- Assign a monetary value to the entirety of losses you suffered, which may be both economic and non-economic in nature
The amount of compensation that you will request should not be treated flippantly, as this figure could be the basis of:
- Any insurance settlement for which you request and negotiate
- Whether you will accept an insurance settlement, or whether you may pursue a lawsuit instead
- Negotiations your lawyer conducts as you proceed with your lawsuit
- Whether your lawsuit will resolve through a settlement or a judgement issued after a trial
A lawyer may base your requested compensation on:
- Your direct losses, such as medical bills and lost income
- Non-economic losses, such as pain and suffering
If successful, you may obtain financial coverage for all of your losses.
How Much Do Orlando Lawyers Charge for Truck Accident Claims?
The amount that a lawyer may charge to represent you during your truck accident claim may depend on:
- The rate they charge by the hour, if they only accept hourly compensation
- The contingency fee that they command if they work on a contingency-fee basis
- The quality of their reputation
- The size of their firm
- The amount of resources and effort they plan to invest in your lawsuit
The preferred option for those seeking compensation from an Orlando truck accident may be a lawyer who provides their services on a contingency-fee basis. It may be very difficult to pay for a lawyer, depending on your financial situation. Costs related to your accident can add stress, as well.
Personal injury lawyers who work on a contingency-fee basis generally:
- Do not ask for any compensation upfront
- Cater to those who may not have the means of paying an hourly fee
- Only receive compensation if they secure a settlement or judgement for you
This may mean that you can access legal services regardless of your financial status, paying a lawyer out of any winnings you receive instead of out of your own pocket.
How Long Do I Have to File a Lawsuit After an Orlando Truck Accident?
According to Florida Statutes 95.11, you generally have:
- Four years from the date of your accident to file a personal injury lawsuit
- Two years from the date of your accident to file a wrongful death lawsuit
These statutes are not necessarily carved in stone, and your case may be an exception to these statues. Because of this possibility, you may want to contact a legal team to discuss bringing a lawsuit even if you believe that more than two years, or four years, have passed since your accident.
It could be in your interest to speak with an Orlando truck accident lawyer as soon after your accident as you can, as the statutes of limitations may not be the only time-sensitive deadlines which may impact your ability to collect compensation. There may be other guidelines regarding:
- Reporting the accident itself
- Reporting injuries that resulted from your accident
- Resolving any insurance-related matters that may or may not, stand in the way of obtaining the compensation that you deserve
A lawyer may be aware of the various statutes and guidelines that could affect you after a truck accident, whether your collision resulted in one or more injuries or a wrongful death.
Can You Sue for a Rear-End Truck Collision in Orlando?
You may be able to sue one or more people if you were involved in a rear-end collision with a truck in the Orlando area. If you were a driver or occupant in a vehicle that was rear-ended by a large truck, it is possible that you suffered one or more serious injuries as a result.
The size and weight of large trucks may cause catastrophic damage in the case of a rear-end collision. According to the Insurance Institute for Highway Safety (IIHS), fatalities from accidents between large trucks and passenger vehicles:
- Generally impact drivers and passengers in vehicles smaller than the truck, rather than the driver of a truck or their passengers
- May be due to weight discrepancies between trucks and smaller vehicles that may be as great as 20 to 30 times
- Could be the result of one or more types of negligence by a truck driver, and anybody responsible for the actions of a truck driver
The specific circumstances surrounding your case will decide exactly how much you could collect. Discussing how your case occurred and how it impacted your life can lead to your legal team understanding exactly how to valuate all your losses.
When Should You Get a Lawyer for an Orlando Truck Accident?
It is ultimately your decision as to when, or whether, to hire a lawyer. There may be a few reasons why you may want to hire a lawyer, and why doing so sooner than later could help your case.
Some of the stages in which a lawyer may be able to assist you include:
- In advising you on locations where you may be able to receive the medical treatment that you need in a timely manner
- In helping you obtain documentation of your injuries and care administered to diagnose and treat your injuries
- In helping you ensure that your accident has been reported as it is legally required to be, and that you receive a copy of all available documentation of your accident
- In communicating with, and possibly negotiating with, insurance companies representing you—and other parties involved in your accident
- In the early stages of any lawsuit you are considering, which may include evidence discovery and identifying defendants
- In completing your lawsuit, which may include settlement negotiations
You may hire a lawyer regardless of where you are in your post-accident timeline, and they may help you in ways determined by your legal needs.
How Do I Find a Good Orlando Truck Accident Lawyer?
You may be able to find a reputable Orlando truck accident lawyer by:
- Speaking with any friends, family, or colleagues who have dealt with personal injury lawyers in the past, as they may provide recommendations
- Conducting research into the pool of personal injury lawyers in Orlando, possibly beginning with the Law Offices of Anidjar & Levine
- Scouring Google reviews, client testimonials, and personal injury law firm websites to determine whether you believe a given lawyer or law firm may be a fit for your legal needs after an Orlando truck accident
- Reviewing any available media, such as advertisements or client testimonial videos, that may give you the chance to see lawyers’ demeanor in a more vivid manner
- Conducting a free case evaluation with a law firm’s team
Free consultations may give you more insight into:
- How a specific lawyer or firm may treat you
- The services that a firm may provide
- How seriously a law firm takes you as a prospective client
- How a law firm or specific lawyer may approach your pursuit of compensation after a truck accident
- Whether you will be comfortable with a certain firm or lawyer as your legal representative
Consider the Law Offices of Anidjar & Levine as you search for the right law firm for you. Call today at 1-407-500-4000 for a free case review.
What Does an Orlando Truck Accident Lawyer Do?
The services that an Orlando truck accident lawyer may provide may depend on:
- Where you are in the process of seeking compensation when you hire them
- What your stated goal of hiring a lawyer is
- How various unforeseen factors unfold as you pursue compensation
Generally speaking, a lawyer may:
- Determine how your accident is unique from the other 450,000 or so large truck accidents that may occur in a given year, per the Federal Motor Carrier Safety Administration (FMCSA)
- Gather and organize all of the available evidence which is relevant to your case
- Hire experts to help assess your case through the lens of negligence
- Calculate the losses that you have and could suffer in the future, and determine the compensation that you should be awarded as a result
- Represent you in settlement negotiations with insurance companies or attorneys, depending on your route to possible compensation
- Arguing your case for compensation in a trial setting, if your lawsuit proceeds to that stage
- Protecting your rights
An Orlando truck accident lawyer’s general goals may be to prove that negligence or intentional wrongdoing caused your accident, as well as identifiable harm for which you should be entitled to compensation.
What to Do After an Orlando Truck Accident?
You may want to protect your rights and maintain your options for pursuing compensation after an Orlando truck accident by:
- Obtaining insurance information and contact information from those involved in your accident
- Speaking with a lawyer before making any statements where possible
- Being very careful when giving your account of the accident to any official source, such as a law enforcement officer or insurance company, especially if you do not have a lawyer’s guidance beforehand
- Accepting medical attention at the scene of your accident, and seeking follow-up care in the days following your accident
Speaking with a lawyer may be a somewhat all-encompassing way to ensure that you are acting with care and attention after your accident. A lawyer may be able to:
- Advise you on your various options for seeking compensation
- Provide their advice on the possible benefits and downsides of each specific approach to pursuing compensation
- Be a buffer between you and any parties, such as insurance companies, who may not necessarily be acting in your best interests
- Begin the preliminary steps of any lawsuit that you are considering, or that you decide to pursue
Caution may be important after an accident, and an Orlando truck accident lawyer could help ensure you are acting in a precautionary manner so as to protect your rights.
How Are Orlando Truck Accidents Different Than Car Accidents?
Truck accidents in Orlando may differ from car accidents in several ways, with some of those differences including:
- The number and type of parties who could be liable for the harm inflicted by an accident
- The potential for damage, including injuries and death, that may exist within each given accident type
- The possible causes of each accident type
In terms of liability, it is important to note that truck drivers involved in an accident may be operating in the course of their profession, as the U.S. Bureau of Labor Statistics notes that truck drivers are among the groups at risk of being killed (and causing the death of others) in the course of their job.
This reality could mean that a trucker’s employer, and possibly other companies associated with a specific trucker, may be named as defendants in your lawsuit. Truck accidents may also differ in terms of car accidents in terms of damage inflicted, as trucks:
- May far outweigh passengers vehicles
- May be more difficult to maneuver, especially at high speeds
- May have more difficulty braking or swerving
Causes of driver error may also be different for truckers, whose driving patterns may differ from most passenger vehicle drivers.
Is the Truck Driver or Trucking Company Responsible in an Orlando Truck Accident?
The circumstances of your accident may determine:
- Whether a truck driver is solely responsible for the losses that come from your accident
- Whether other parties, such as the truck driver’s employer, may be responsible for some or all of your losses
A truck driver’s employer may be held liable under a number of circumstances, such as if they:
- Failed to properly vet the driver in your accident for red flags in their personal and professional histories before hiring them
- Failed to properly monitor the at-fault driver, and possibly all of their employed drivers, for dangerous driving behaviors
- Failed to administer thorough drug and alcohol screening to all drivers, possibly including the driver who caused your accident
- Failed to maintain a system for ensuring that all of their trucks are roadworthy at all times
It is possible that an employer may be liable for a driver’s negligence due simply to the fact that the driver is their employee. Beyond the driver and employer, additional parties such as manufacturers of defective parts could be liable for some portion of your accident-related losses.
An Orlando car accident lawyer may help you identify all of the parties who contributed in some way to your accident and losses.
What Are the Types of Orlando Truck Accidents?
Some of the types of accidents that could involve a truck and your vehicle include:
- A side-impact collision, which may be due to a truck running a red light, traffic sign, or some other type of dangerous behavior
- A rear-impact collision, which may be the result of a truck driver being distracted or driving aggressively, which could lead them to tailgate and strike the rear of your vehicle if you slow down or stop
- A head-on collision, which may indicate that the driver who is at fault was grossly negligent by veering into oncoming traffic
- An accident resulting in your vehicle rolling over, which the National Highway Traffic Safety Administration (NHTSA) notes could result in death or serious injury
In addition to various types of accidents in which you may be involved, causes of an accident may vary from crash-to-crash. FMCSA notes that an accident could be due to:
- Driver performance error, which accounts for an overwhelming number of truck accidents
- Vehicle-related causes, such as a tire blowout or other form of vehicular failure
- Environmental conditions, such as inclement weather
The cause and type of accident you are in may impact your possible compensation in numerous ways. Call our team at the Law Offices of Anidjar & Levine today at 1-407-500-4000 for more details about how a lawyer may assist you.
How Is Negligence Established in an Orlando Truck Accident?
A lawyer may generally base their argument that negligence occurred in an Orlando truck accident upon a concept called duty of care. In certain situations, people have a duty not to cause harm to others. This duty of care may apply in many ways to a given motorist, truck drivers included. A truck driver, or another party, may violate their duty of care to others through:
- Dangerous driving practices, such as tailgating, speeding, or being distracted
- Driving in an unsafe state, whether they are intoxicated, under the influence of drugs, overly tired, psychologically unstable, or emotionally agitated
- Making individual decisions, such as turning into oncoming traffic or changing lanes abruptly, that could foreseeably result in an accident
Employers, manufacturers, those that maintain a road, and anybody else who could cause an accident also have a duty of care. Your lawyer may use this duty of care as the standard of negligence, and rely on evidence to show that one or more parties violated their duty of care to you or your loved one in order to prove negligence.
Call the Law Offices of Anidjar & Levine Today
Being in a truck accident can have a lasting impact on your life, and your accident could have impacted you:
- Emotionally, especially if you lost a loved one
The harmful effects of a truck accident may find their way into virtually every corner of your life, and may even alter the course of your life. There are avenues for pursuing compensation in response to any harm that you or your loved one has suffered, and the team at the Law Offices of Anidjar & Levine will counsel you during this difficult time. We offer:
- A free consultation
- Answers to your questions and concerns
- Responsive legal care for all of our clients
- A contingency-fee based payment structure, which means that we only get paid if we win for you
We understand the hardship that can come from being in any accident, and a truck accident may inflict more harm than many other types of accidents. An Orlando truck accident lawyer may be able to assist you, so call our team at the Law Offices of Anidjar & Levine today at 1-407-500-4000 for a free consultation.