Were you injured in a truck-involved collision? As the victim of this type of crash, Brooks Law Group can advocate for you and serve as your personal injury lawyers in Carrollwood. You can count on us to take legal action and pursue compensation on your behalf.
Founded in 1992, our law firm has been in business for 34 years. As attorneys with over 100 years of combined experience, we’ve recovered more than $300 million for our clients. Call us today for help from a truck accident lawyer in Carrollwood.
Liability Often Extends Beyond the Truck Driver
In Florida, negligence laws usually require claimants to establish the following matters:
- Another party owed a duty of care.
- They breached that duty.
- This behavior caused your damages.
In a trucking case, the evidence used to establish those elements can come from several sources:
- A driver who fails to maintain a safe speed
- A trucking company that failed to properly maintain a vehicle
- A truck’s cargo was improperly secured and shifted into traffic
These are just a few of the many possibilities. The good news is that a Carrollwood truck accident lawyer can examine whether the trucking company is legally responsible for the conduct of its driver.
The exact legal theory depends on the employment relationship and facts surrounding the crash, so identifying the proper defendants requires an individualized review. After all, victims shouldn’t assume that there’s only one source of potential compensation.
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Federal Trucking Rules Can Strengthen Your Claim
Commercial trucking is subject to federal safety requirements that address the following issues:
- Driver qualifications
- Hours of service
- Alcohol and drug testing
- Vehicle maintenance
- Regular inspections
- Cargo securement
Federal regulations often limit property-carrying commercial drivers to 11 hours of driving after 10 consecutive hours off duty. They also prohibit driving after the 14th consecutive hour after coming on duty. Commercial motor vehicle drivers must meet certain qualifications as well:
- Carrying the required license
- Being physically qualified
- Completing the proper training
- Having the experience needed to safely operate the vehicle
Alcohol rules are also strict. A commercial driver cannot perform safety-sensitive functions with an alcohol concentration of 0.04 or greater, and federal regulations prohibit alcohol use while performing safety-sensitive functions.
These rules don’t automatically establish liability in every civil case. However, evidence that a trucking company or driver violated applicable safety requirements can be important when determining whether negligent conduct contributed to a crash.
Truck accident attorneys in Carrollwood can also request records that can show whether the driver and trucking company followed applicable requirements. That evidence can also help reveal conduct that is not obvious from photographs of the accident scene.
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Florida’s Fault Rules Can Affect Compensation
Florida has multiple avenues for recovering compensation after a crash. For instance, as a no-fault state, your first source of recovery is through your Personal Injury Protection (PIP) policy, which you’re required to have under state law. You can receive these benefits regardless of who caused the accident.
However, PIP benefits tend to be quite limited, and with the severity of many truck accidents, you may be eligible to step outside the no-fault system and file a separate personal injury claim. Once that happens, it becomes crucial to identify who caused the crash.
Comparative Negligence
Florida follows a modified comparative fault system for third-party personal injury claims. Under Florida Statutes § 768.81, a claimant’s damages will be reduced according to the claimant’s percentage of fault.
However, a person who’s more than 50% at fault for their own harm cannot recover damages in a negligence action. That means an insurance company could raise arguments about your own conduct after a truck accident by stating that you were doing the following:
- Speeding prior to the crash
- Failing to keep a proper lookout
- Contributing to the collision in other ways
Those allegations aren’t automatically true just because insurance companies introduce them, and your attorney can rely on the evidence when defending you.
Evidence That Helps Prove Fault
Truck accident lawyers in Carrollwood can examine the following in your case:
- Photographs
- Crash reports
- Vehicle damage
- Witness testimony
- Traffic information
- Electronic records
This information can help your legal counsel determine how the collision occurred and whether an allegation of fault is supported.
Florida’s comparative fault law also provides for allocation of fault among liable parties rather than automatically placing the entire financial responsibility on one defendant. That can become particularly important in truck accident cases involving several potentially responsible parties.
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Let Lawyers Handle the Legal Work
For someone recovering from a truck accident, hiring Carrollwood truck accident lawyers is an important step, but much of the work that they will do for your case happens long before a lawsuit reaches a courtroom.
These are tasks your lawyer can handle on your behalf:
- Investigating how the collision occurred and identifying potentially responsible parties
- Gathering trucking records, inspection documents, and maintenance records
- Reviewing applicable federal and Florida laws
- Communicating with insurance companies and opposing counsel
- Calculating the financial losses connected to the injury
- Working with medical records and other documentation that supports the claim
- Negotiating toward a fair settlement
- Preparing the case for litigation when a reasonable settlement cannot be reached
This allows an injured person to spend less time dealing with paperwork and legal communications. It also gives the case a structured process instead of leaving the accident victim to determine every next step alone.
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Contact Brooks Law Group for Advice From Carrollwood Truck Accident Attorneys
After an accident that left you injured, it’s normal to have a lot of questions. Who is responsible? Which insurance policy applies? Were federal trucking rules violated? Was the truck properly maintained? Was the cargo secured correctly? Did a defective part contribute to the collision?
Another thing you might be focused on is how much compensation you can pursue. These are all valid concerns, and Brooks Law Group has answers. Founded in 1992, our law firm has been in business for over 30 years. In that time, we’ve recovered more than $300 million.
As attorneys with more than 100 years of combined experience, we’ll follow up with you and keep you informed throughout the entire process. We also work on a contingency fee basis. If you need help from Carrollwood truck accident lawyers, Look to Brooks®.
Call or text (800) 529-3030 or complete a Free Case Evaluation form