When a fully loaded commercial truck crashes into a passenger vehicle, the damage is often catastrophic. If you were hurt in a collision with a truck, an Auburndale personal injury lawyer can help you seek damages.
The team at Brooks Law Group has over 100 years of combined legal experience. If you were on the wrong end of a truck crash, a truck accident lawyer in Auburndale can help you file a strong claim and obtain a fair settlement.
Why Hire an Auburndale Truck Accident Lawyer?
Trying to handle a truck accident claim on your own can be overwhelming.
An Auburndale truck accident lawyer can help with your case by:
- Investigating the accident: A lawyer can gather key evidence like crash reports, driver logs, black box data, and witness statements to strengthen your case.
- Calculating the value of your claim: An attorney can assess both your current and future damages to ensure you don’t settle for less than you deserve.
- Handling insurance negotiations: Insurers often try to minimize payouts to accident victims. A lawyer can negotiate on your behalf and counter lowball settlement offers.
- Providing representation in court: If a fair settlement isn’t reached, an attorney can prepare your case for trial and advocate for you in court.
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What Types of Damages Can You Recover?
A fair truck accident settlement covers both economic and non-economic damages, including:
- Medical expenses: You can recover the cost of emergency care, hospital stays, surgeries, rehabilitation, and future medical treatment related to the crash.
- Lost wages: You can recover income you missed out on while you were recovering from the accident.
- Loss of earning capacity: You can recover compensation if your injuries affect your ability to earn income in the future.
- Property damage: You can recover the cost to repair or replace your vehicle and any other damaged property.
- Pain and suffering: You can recover compensation for the physical pain and emotional distress caused by the accident.
- Loss of enjoyment of life: You can recover additional damages if your injuries prevent you from participating in activities you once enjoyed.
- Punitive damages: You can pursue additional compensation in cases involving extreme negligence or misconduct from the at-fault party.
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How Long Do You Have to File a Claim in Florida?
According to Florida Statute § 95.11, you generally have two years from the date of a truck accident to file a personal injury lawsuit in Florida. Missing this deadline can result in losing your right to pursue compensation altogether.
An Auburndale truck crash lawyer can help you file your claim on time.
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Who Is Liable for a Truck Accident?
Multiple parties may share responsibility for a truck accident, depending on the circumstances of the crash.
Potentially liable parties include:
- Truck driver: If the driver was speeding, fatigued, or otherwise negligent, they may be held accountable.
- Trucking company: Employers can be responsible for their drivers’ actions, especially if they failed to enforce safety regulations or pressured drivers to meet unrealistic deadlines.
- Maintenance providers: If poor maintenance contributed to the accident, the company responsible for servicing the truck may be liable.
- Cargo loaders: Improperly loaded cargo can shift during transit and cause a crash.
- Manufacturers: Defective truck parts, such as brakes or tires, can lead to an accident and provide grounds for a product liability claim.
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How Is Fault Proven in a Truck Accident Case?
To recover compensation for a truck crash, you must prove that another party’s negligence caused the accident.
This typically requires establishing four legal elements:
- Duty of care: The responsible party had a legal obligation to act safely.
- Breach of duty: They failed to meet that obligation.
- Causation: Their actions directly caused the accident.
- Damages: You suffered measurable losses as a result.
An Auburndale truck crash attorney can collect evidence such as police reports, witness statements, accident scene photos, and data from the truck’s electronic logging device (ELD) to prove liability.
How Long Does It Take to Settle a Truck Accident Claim?
There is no universal timeline for truck accident claims. Some are settled within a few months, while others take a year or more. Several factors can influence your case’s timeline, including the severity of your injuries, the complexity of the case, and whether liability is disputed.
While it may be tempting to resolve your claim quickly, rushing the process can lead to inadequate compensation. An Auburndale truck wreck lawyer can help keep your case on track without settling for less than you deserve.
Common Causes of Truck Accidents in Auburndale
Most truck accidents can be traced back to negligence.
Common causes of these crashes in Auburndale include:
- Fatigued driving: Long hours on the road can lead to exhaustion, which slows a driver’s reaction time and impairs their judgment.
- Distracted driving: Texting, using GPS devices, or eating while driving can divert a truck driver’s attention from the road.
- Speeding or reckless driving: Large trucks require more time and distance to stop, making speeding especially dangerous.
- Improper maintenance: Brake failures, tire blowouts, and other mechanical issues can lead to serious accidents.
- Overloaded or improperly loaded cargo: Unbalanced loads can cause trucks to tip over or become difficult to control.
- Driving under the influence: Alcohol or drug use significantly increases the risk of a crash.
What to Do After a Truck Accident in Auburndale
The steps you take after a crash with a truck can affect the strength of your truck accident case.
You should:
- Call the police: A police report will serve as important evidence for your claim.
- Document the scene: If you are able, take photos of the vehicles, road conditions, and any visible injuries.
- Collect information: Obtain contact and insurance information from the truck driver and any other parties involved in the crash. If any witnesses are present, request their contact information too.
- Visit a doctor: Even if your injuries don’t seem serious, it’s important to get evaluated by a medical professional.
- Avoid admitting fault: Be careful about what you say at the scene or to insurance adjusters. Anything you say can be used against you later.
- Consult a lawyer: An Auburndale truck wreck attorney can explain your options and start putting together your claim right away.
Talk to a Truck Accident Attorney in Auburndale
A truck accident can upend your life, but you don’t have to deal with the aftermath alone. An Auburndale truck accident attorney from Brooks Law Group can assist with your claim, handle negotiations with insurance companies, and work tirelessly to obtain the compensation you deserve.
Book a free consultation to learn more about your legal options.
Call or text (800) 529-3030 or complete a Free Case Evaluation form
