Your Personal Injury Concerns Put to Rest- Don't make a mistake, get the facts from an expert
Even a minor accident can cause physical and financial confusion, worries, and setbacks. Allow us to help answer your questions and put your concerns to bed, so you can focus on your recovery. Why wait any longer to get the answers you need? Click here and see how our knowledge, advice, and experience can help you.
- Page 7
Are there different rules that apply to accidents involving 18-wheelers and semi-trucks in Florida?
Commercial vehicles, including 18-wheelers and semi-trucks, are different than personal vehicles and they often carry different insurance. Also, as an employee of a company, the driver may not be solely at fault in an accident. The trucking company and other possible involved parties may be liable as well. It is important to contact a truck accident lawyer to navigate the different legal aspects that are involved when an 18-wheeler or semi-truck is involved in a car accident.
How much time do I have after an 18-wheeler or semi-truck accident to file a lawsuit in Florida?
The statue of limitations in Florida, Fla. Stat. § 95-11, for an accident resulting in injury, is four years. This means you have up to four years after an 18-wheeler or semi-truck accident to file a claim. The four year time limit takes into account the immediate needs of accident victims, namely, receiving the immediate and critical medical treatment necessary. Protecting your heath is the most important factor after an accident. However, when it becomes possible, you should hire an experienced lawyer to guide you through the stressful and intimidating process of recouping damages from the at-fault driver’s insurance to help pay for your medical bills and lost wages.
Who should be held accountable in Florida for 18-wheeler or semi-truck accidents involving equipment failure?
There are many potential parties that you could receive damages from following an accident involving equipment failure. It all depends on who did not act with due care in making sure the truck was safe to drive. This could be the driver, the trucking company, or a third party maintenance company. A thorough investigation should be conducted following a truck accident to determine exactly what went wrong and who is at fault. It is important to contact an experienced truck accident attorney to conduct an investigation following an accident with an 18-wheeler or semi-truck.
Who can be sued in an 18-wheeler or semi-truck case in Florida?
Many different parties can be sued following an accident with an 18-wheeler of semi-truck. It all depends on who is at fault. This could be the driver, the driver’s employer, the owner of the vehicle, the shipper, the trucking company, the company receiving the goods, or even a maintenance company that worked on the vehicle. Determining who is responsible after an accident is very complicated so hiring an experienced truck accident lawyer is very important to ensure you receive the greatest potential benefits.
What is the purpose of the accident claims adjuster at the scene of an 18-wheeler or semi-truck accident?
Claims adjusters arrive on the scene of an accident to conduct an investigation and gather evidence about the accident for the trucking company’s insurance. The purpose of the claims adjuster, then, is to gather evidence that can limit your claim with the trucker’s insurance company after an accident. It is important that you hire an experienced attorney to conduct an independent investigation. Do not rely on the information gathered by a claims adjuster to represent your best interests.
How are damages determined for serious physical injuries or death in an 18-wheeler or semi-truck accident?
The ultimate goal in compensating the victim in a semi-truck accident is restitution – to return them to their state before the accident occurred. After a debilitating accident it may be impossible to completely restore a person’s health, working capacity, and psychological state. Truck accident damages are determined in two categories – economic and non-economic. Examples of economic damages that are compensable from the at-fault driver are medical bills, lost wages, and lost earning capacity. Non-economic damages are hard to estimate and can include the emotional and psychological toll on the victim of a traumatic accident involving an 18-wheeler or semi-truck.
I was in an accident and the other vehicle was a semi-truck. What do I do now?
First and foremost, seek medical treatment for your injuries. Also, contact a truck accident attorney . The trucking company will have experienced attorneys and insurance adjusters who want to limit your claim as much as possible. They are not acting in your best interest. Often times, accidents with semi-trucks are caused by fatigue on the part of the truck driver. This is negligence and you are entitled to compensation for your medical bills and lost wages.
I was hit by a commercial vehicle and their insurance company wants a statement from me. Do I have to give one?
No you are not required to give a statement to the commercial vehicle’s insurance company. Actually, it is normally not in your best interest to give a statement to the insurance provider of the commercial vehicle before talking to a truck accident attorney.
Can truck drivers use hand-held cell phones when driving?
No, as of January 2012 all commercial drivers are prohibited from using phones not equipped with a hands-free device. The Federal Motor Carrier Safety Administration amended passed “Final Rule: Drivers of CMVs: Restricting the Use of Cellular Phones”, prohibiting truck drivers from:Drivers who violate the rule can face a federal fine of up to $2,750 and have their commercial driver license revoked after multiple offenses.
What is the Federal Motor Carrier Safety Administration (FMCSA)?
The Federal Motor Carrier Safety Administration ( FMCSA )is a part of the Department of Transportation and its primary mission is to prevent commercial motor vehicle-related fatalities and injuries. The FCMSA does research, analysis, data collection, regulatory compliance and enforcement, and offers financial assistance for roadside inspections and other commercial motor vehicle safety programs.