While the majority of delivery truck drivers follow the rules of the road on their delivery routes, many delivery truck accidents are caused by the delivery driver’s negligence. If you were injured in a trucking accident, our Brandon Delivery Truck Accident Lawyer can help you out!
If you or a loved one has been injured in a delivery truck accident, it is always a good idea to speak with our knowledgeable Brandon delivery truck accident lawyer for a potential case. We at Golden Injury Attorneys are committed to looking out for your best interests and working hard to get you the full compensation you deserve. Call our personal injury law office to learn more.
Why Do I Need a Delivery Truck Accident Lawyer in Florida?
It is stressful to deal with the aftermath of a delivery truck accident. Things can become overwhelming when a large trucking company is involved. Their insurance companies will try to deny your claim or put you under pressure to accept a quick settlement that is less than what you deserve.
Our knowledgeable Brandon delivery truck accident lawyer can assist you by doing the following:
- Directly contact the insurance company.
- Gather evidence to back up your damage claims, such as witness statements, video footage, maintenance and delivery logs, and more.
- Launch an investigation into the cause of your delivery truck accident.
- Negotiate a settlement that adequately compensates you for your severe injuries and pain.
- If necessary, present your case to a jury.
- Examine your medical records and calculate your damages to include the maximum amount of money.
As a result, if you require representation for your delivery truck claim, contact Golden Injury Attorneys for a free consultation. We can assist you in understanding your rights, the damages to which you are entitled, and the steps to take to ensure you receive fair and just compensation. Consider our Brandon personal injury lawyer for all of your Florida personal injury law needs.
What Are the Florida Laws That Affect Truck Accident Claims?
Trucking cases are typically complicated because they involve state and federal laws that may conflict. Every state has its own set of rules that govern truck drivers’ actions and specify how a large truck must be maintained and driven. All owners and drivers of commercial vehicles operating on public roads are subject to Florida Statute 316.302.
The following are the rules for obtaining employment as a commercial truck driver:
A truck driver must be at least 18 years old to work as a commercial truck driver for intrastate travel. For interstate travel, they must be 21 years old.
- Employers can only hire commercial truck drivers who are fluent in English. They must be able to read road signs, write clear reports, and communicate with officials.
- Commercial truck employees must have a valid CDL license and a clean driving record. They must also have enough vision to drive a truck safely. They must have 20/40 vision in both eyes and a vision field extending at least 70 degrees beyond the horizontal meridian.
The rules for how long a truck driver’s shift can last are as follows:
- After 70 hours in the previous seven days or 80 hours in the previous eight days, a truck driver cannot drive. After this work period, the truck driver must rest for at least 34 hours before returning to work.
- A driver can drive for at least 12 hours but no more than 16 hours after ten consecutive hours off duty.
- In the event of an investigation by the Department of Transportation, all drivers must keep a logbook.
- Drivers who do not exceed a 150-air-mile radius are not required to keep a log book. If they transport hazardous materials, they are also exempt. They must, however, document their driving time if they exceed 12 hours of service.
Florida law also limits the size of a commercial truck. The following are the size requirements for commercial trucks in Florida:
- A truck-tractor trailer cannot be longer than 65 feet, and any other truck cannot be longer than 75 feet.
- A commercial truck’s overhang cannot exceed three feet.
- The height of an automobile carrier cannot exceed 14 feet.
- A commercial truck’s width cannot exceed 102 inches.
- A commercial vehicle’s gross weight limit is 80,000 pounds. The weight limit for a tandem-axle vehicle is 34,000 pounds, and the limit for a single-axle vehicle is 20,000 pounds.
What Are the Different Causes of Florida Delivery Truck Accidents?
Delivery truck drivers must always drive with extreme caution and professionalism. Failure to do so puts them and those around them in unnecessary danger. However, total caution is ideal, as delivery truck accidents occur regularly throughout Florida.
Understanding the causes of such collisions may aid in preventing similar ones. The following are some of the most common causes of delivery truck accidents:
- The truck is too wide.
- Drug or Alcohol Intoxication
- Inadequate Maintenance
What Are the Most Common Injuries Caused by Delivery Truck Accidents?
Because of their massive size and weight, delivery truck accidents frequently result in extremely severe injuries. Those fortunate enough to survive a delivery truck accident frequently suffer permanent injuries that can disable and disfigure them. Some of the more common injuries caused by delivery truck accidents are as follows:
- Traumatic Brain Injuries
- Injuries to the Spinal Cord
- Broken or Fractured Bones
- Internal Injuries
If you were injured in a delivery truck accident, you deserve to have a law firm fighting for you. Our competent Brandon delivery truck accident lawyer at Golden Injury Attorneys can assist you in pursuing compensation. Call us today for a free initial consultation to discuss your legal options.
What Steps Should I Take Following a Delivery Truck Accident in Florida?
According to the American Trucking Association, commercial trucks account for 14.1% of all registered vehicles in the United States, with 38.9 million trucks registered for commercial use. With so many trucks on the road, including delivery trucks, it’s critical to understand what to do after an accident with a delivery truck driver:
Seek Medical Attention
If you have been injured in any way, or believe you have been, seeking medical attention should be your priority. Remember that the adrenaline rush of an accident can sometimes mask serious injuries, so thoroughly check yourself. In the coming days and weeks, you should watch for any discomfort, such as whiplash.
Call the Authorities
It is critical to call the police after an accident, even if the other party involved tries to convince you not to. Someone who causes an accident in a work vehicle may be afraid of the consequences and may encourage you to settle the matter without calling law enforcement, but this is a bad idea.
Calling the cops ensures that there will be an official record of what happened. As you pursue a settlement, this will be critical evidence for you and your lawyer.
Take Photographs of the Scene
Every piece of evidence you collect at the scene can help you later in your case. This includes the position of the vehicles, vehicle damage, visible injuries, and other factors. Even if the police photograph and document the scene, you should take photos and notes.
Communicate With the Other Party or Parties
You should exchange information with the delivery truck driver. This includes your name, phone number, email address, insurance company information, and policy number. Keep in mind that you should limit your contact to this information exchange. Things you say on the scene may be taken out of context and twisted later by the opposing party’s legal team, so keep it brief and to the point.
Inform Your Insurance Company About the Accident
You must report the accident to your insurance company as soon as possible. The specifics of how your insurance company will be involved vary by state. For example, Florida is a no-fault automobile insurance state, which means your insurance will cover your medical care.
In an at-fault state, the party who caused the accident pays for the medical care of the other party. However, in all states, it is critical to notify your insurance company of an accident and that the other party is a delivery driver for a specific company. They may deny coverage if you wait too long.
Call Our Brandon Delivery Truck Accident Lawyer at Golden Injury Attorneys
It is critical to contact our qualified Brandon commercial truck accident lawyer as soon as possible. Even in a no-fault state like Florida, you may need to file a personal injury suit against the other party if your injuries are severe. Time is of the essence, especially in this case.
Contact our commercial delivery truck accidents attorney in Brandon, FL, as soon as possible to ensure that you are fairly compensated, whether through insurance or a personal injury suit if necessary.
How to Prove Liability in a Delivery Truck Accident?
If you intend to file a personal injury or negligence claim against another person to receive compensation for your accident, our trained Brandon commercial truck accident lawyer will need to determine who is to blame. A delivery truck accident could be caused by several factors, including:
The Truck Driver
The truck driver will be the first person our Brandon commercial truck accident lawyer looks for fault. Truck drivers are frequently required to travel long distances and transport heavy equipment. As a result, if they are not vigilant, they are far more likely to cause an accident than a standard vehicle driver.
The Trucking Firm
If a commercial truck driver hit you, the company that hired them might be liable for the accident.
You could file a claim against an equipment manufacturer if they were to blame for providing faulty mechanisms or parts.
A Pedestrian or Passenger
Drivers are not always to blame for delivery truck accidents. In some cases, they may be caused by a pedestrian behaving dangerously near a road, causing drivers to swerve into traffic.
The Injured Party
Furthermore, it is not uncommon for accident victims to be partially or even entirely to blame for delivery truck accidents. For cases like these, Florida follows a Comparative Fault rule. According to Florida Statute 768.81, the comparative fault rule allows for damages to be shared in proportion to each party’s liability in an accident. So, if it is determined that you were 10% to blame for causing your accident or making it worse, you will only receive 90% of the damages.
If you believe you were partially to blame for your delivery truck accident, you should never assume you are not entitled to compensation. At Golden Injury Attorneys, we can assist you in pursuing compensation as well as defending yourself against any liability claims made by other drivers.
How to File a Delivery Truck Accident Claim?
As Florida delivery truck accident lawyers, it is our job to assist you in obtaining compensation for any damages sustained in a private or commercial truck accident. So, when it comes to filing a claim, you’ll have two options: seek compensation from your insurance provider or file a claim against a negligent party.
Filing a Claim Against Your Own Insurance Company
Florida is a no-fault state, according to Florida Statute 627.7407. This means that if you are in an accident, you can file a claim with your own insurance company to receive an initial amount of compensation. This will be paid for by your Personal Injury Protection insurance, which all drivers in Florida must have to operate a motor vehicle under Florida Statute 627.736.
Keep in mind that your injuries must be severe enough to receive the maximum compensation. According to Florida Statute 316.027, serious bodily injuries are classified as follows:
- Significant injury to the head, brain, or any other organ
- Disfigurement is severe
- Significant risk of death
Filing a Claim Against an At-Fault Driver
You can file a claim against the at-fault truck driver. Our Brandon delivery truck accident lawyer will then negotiate an out-of-court settlement with the at-fault driver’s insurance company and legal team. This means you will be compensated for your losses as a result of the accident. However, you will be required to sign a document stating that you will not file a lawsuit in the future. If they don’t settle, you could then choose to sue them.
The statute of limitations for personal injury cases in Florida is four years, according to Florida Statute 95.11. However, claims and lawsuits can take a long time to resolve, especially if you have to wait for a court date.
So, the sooner you find legal counsel and begin the claims process, the better your chances of recovering damages.
What Kind of Compensation Could I Get for a Delivery Truck Accident Claim?
The types of compensation available from a Florida delivery truck crash claim are largely the same whether you file a claim against your insurance company or an at-fault driver.
The Compensations You Can Get From Your Own Insurance Company
All drivers in Florida are required by law to have a minimum of $10,000 in Personal Injury Protection Insurance. So, if you have this level of insurance, you can make the following claims:
- Up to 80% of medical bills
- Approximately 60% of lost wages
- If the policyholder is killed, the policyholder will receive $5,000 in death benefits and funeral expenses
To be eligible for PIP benefits following a delivery truck accident, you must file a report with your insurance carrier within 24 hours to notify them of the accident.
Furthermore, you must seek medical attention within 14 days of your accident to recover damages through your PIP insurance.
The Compensations You Can Get From a Claim or Lawsuit Against a Driver
If you file a claim or a lawsuit for a delivery truck accident, you may be entitled to more compensation, which can include:
- Initial medical expenses
- Future medical costs
- Wrongful death award
- Pain and suffering
We’re Here to Protect All Your Legal Rights
Because of the number of people and insurance companies involved in a delivery truck accident, filing a claim is unlikely to be simple. The good news is that when an accident is caused by someone else’s negligence, the law is on your side. However, negligence must also be proven.
When you have been injured and are recovering, the last thing you want to think about is the red tape and claim process of an insurance company. Our experienced truck accident attorney handles the heavy lifting and knows how to navigate the claim process to fight for the compensation you deserve.
Golden Injury Attorneys is committed to protecting your legal rights and working hard to obtain the compensation to which you are entitled. We have recovered numerous compensations for our injured clients and provide a free case consultation to review the details of your claim.
We can fight for you. To schedule your free case review, please call our office or fill out the online form.