How Truck Accidents Differ From Car Accidents
Most people assume a truck accident claim works the same way as any other motor vehicle accident case. In reality, truck accident litigation often involves additional evidence, larger insurance policies, federal safety regulations, and multiple potentially responsible parties.
A car accident may involve two drivers and their insurance companies, while a truck accident may involve:
- The truck driver
- The trucking company
- A cargo loading company
- A maintenance provider
- A vehicle manufacturer
- Multiple insurance carriers
Truck accidents also frequently involve evidence that does not exist in car accident cases, including:
- Electronic logging device data
- Driver qualification files
- Maintenance records
- Inspection reports
- Dispatch communications
- Black box information
Because commercial vehicles can weigh 20 to 30 times more than passenger cars, truck accidents often result in more severe injuries and substantially higher damages as well.
Types of Truck Accidents
Truck accidents occur in many different ways. Some are caused by driver error, while others result from equipment failures, maintenance issues, or company safety violations.
What Are Common Causes of Truck Accidents in Pine Hills?
Many truck accidents occur because someone failed to follow established safety practices. Some of the most common causes include:
- Driver Fatigue: Federal regulations limit how long commercial drivers can remain behind the wheel, but violations still occur. Fatigue can impair judgment, reaction time, and awareness.
- Distracted Driving: Cell phones, GPS devices, dispatch communications, and onboard technology can divert a driver's attention from the roadway.
- Speeding: Commercial vehicles require more distance to stop safely. Excessive speed reduces a driver's ability to react to changing traffic conditions.
- Unsafe Lane Changes: Large blind spots make lane changes particularly dangerous when drivers fail to properly check surrounding traffic.
- Improper Cargo Loading: Cargo that shifts during transport can affect vehicle stability and increase the risk of rollovers or lost-load incidents.
- Mechanical Failures: Brake failures, tire blowouts, steering defects, and other maintenance issues contribute to many truck accidents.
- Inadequate Training: Operating a commercial vehicle safely requires specialized training and experience. Companies that place underqualified drivers on the road create unnecessary risks.
Determining why a crash occurred often requires a detailed review of trucking records, company policies, vehicle data, and witness accounts.
What Injuries Do Truck Accidents Cause?
The size and weight of commercial vehicles often result in injuries that are far more severe than those seen in ordinary car accidents. Common truck accident injuries include:
- Traumatic brain injuries
- Spinal cord injuries
- Whiplash
- Herniated discs
- Nerve damage
- Multiple fractures
- Internal bleeding and organ damage
- Burn injuries
- Emotional trauma and PTSD
Some injuries heal within months. Others may affect a person's ability to work, maintain independence, and participate in daily activities for years.
Should You Give a Recorded Statement After a Truck Accident?
Soon after a truck accident, an insurance adjuster may request a recorded statement.
While the request may seem routine, these statements are often reviewed later for comments that can be used to challenge liability or reduce compensation. An innocent estimate about speed, distance, or how you are feeling can later be interpreted in a way that benefits the insurance company.
For example, a driver who says, "I think the truck was going about 45 miles per hour," may later learn that electronic data shows the truck was traveling significantly faster. An injured victim who tells an adjuster, "I'm a little sore, but I'm okay," may discover days later that they suffered a concussion, herniated disc, or other injury that was not immediately apparent after the crash.
Before providing a recorded statement, consider speaking with an Oviedo truck accident attorney who can explain your rights and help protect your claim.
The trucking company has already started protecting its interests. Before accepting a settlement offer, speaking extensively with insurance representatives, or providing a recorded statement, discuss your situation with an Oviedo semi-truck accident lawyer who can explain your options.
Contact us at (561) 293-2600 today for a free case review.
What Is the Truck Accident Claim Process?
Most truck accident claims begin with a detailed investigation.
Investigation and Evidence Collection
Attorneys gather accident reports, medical records, photographs, witness statements, and trucking company records to determine how the collision occurred.
Preservation of Trucking Records
Truck accident cases often require the preservation of:
- Electronic logging device data
- Driver qualification files
- Maintenance records
- Inspection reports
- Black box information
- Dispatch communications
Medical Evaluation
As treatment continues, an Oviedo 18-wheeler accident lawyer will work to understand the full extent of the injuries and their long-term impact.
Settlement Negotiations
Once liability and damages have been evaluated, settlement discussions typically begin.
Litigation
If a fair settlement cannot be reached, a lawsuit may be filed and the case may proceed through discovery and litigation.
Many truck accident claims settle before trial. Others require a judge or jury to determine liability and damages.
How Do You Prove Liability in a Truck Accident?
Truck accident cases are built on evidence. Depending on the circumstances, evidence may include:
- Police reports
- Witness statements
- Surveillance footage
- Black box data
- Electronic logging device records
- Maintenance records
- Driver qualification files
- Inspection reports
- Expert testimony
Liability may extend beyond the truck driver. A trucking company may have failed to properly train drivers. A maintenance provider may have neglected critical repairs. A cargo loading company may have improperly secured freight. Identifying all responsible parties is often one of the most important aspects of a truck accident investigation.
What Compensation Can an Oviedo Truck Accident Attorney Help You Pursue?
A serious truck accident can affect nearly every area of a person's life. Depending on the circumstances, compensation may include:
Medical Expenses
- Emergency treatment
- Hospitalization
- Surgery
- Rehabilitation
- Physical therapy
- Future medical care
Lost Income
- Lost wages
- Lost benefits
- Reduced earning capacity
- Future income losses
Compensation may also be available for physical pain, emotional distress, and the overall impact the injuries have had on daily life. Additionally, when a truck accident results in death, surviving family members may be entitled to compensation for funeral expenses, loss of support, and other damages permitted under Florida law.
The Difference Legal Representation Can Make
Many people initially consider handling a truck accident claim on their own. However, trucking companies and their insurers often have extensive resources devoted to minimizing liability and reducing payouts.
A nationwide Martindale-Nolo survey found that more than 90% of people who hired an attorney recovered compensation, compared to approximately 50% of those who handled claims themselves.
Experienced legal representation can help preserve evidence, identify liable parties, evaluate damages, and negotiate with insurance companies from a position of strength.
Results Our Firm Has Obtained for Truck Accident Victims
$7.5 Million Settlement
Our client was rear-ended by a commercial vehicle while stopped at a traffic light. The crash caused multiple brain hemorrhages and severe fractures.
$1 Million Settlement
A woman lost her life when a semi-truck left the roadway during hazardous conditions. Electronic data showed the driver was operating at unsafe speeds.
$985,000 Settlement
A cement truck made an improper lane change and struck our client's vehicle, resulting in injuries requiring cervical and lumbar fusion surgeries.
"Truck accident investigations often uncover problems that existed long before the collision occurred. Driver decisions matter, but company policies, maintenance practices, and safety procedures frequently play an important role as well."
— Greg Francis, Founding Partner
What Deadlines and Fault Rules Apply to Oviedo Truck Accident Claims?
Florida generally allows two years from the date of the accident to file a personal injury lawsuit.
Waiting too long can make it more difficult to obtain evidence, locate witnesses, and preserve important trucking records.
Florida also follows a modified comparative negligence system. If an injured person is found partially responsible for the accident, compensation may be reduced by their percentage of fault. If a person is found more than 50% responsible, recovery may be barred.
For example, a trucking company may argue that a driver entered a truck's blind spot immediately before a collision or changed lanes without signaling. Even when a truck driver made a mistake, insurance companies often look for ways to assign part of the blame to the injured person in an effort to reduce what they have to pay.
Insurance companies frequently attempt to shift responsibility in truck accident cases. Thorough investigations, electronic vehicle data, witness statements, and other evidence are often critical to determining what actually happened and countering those arguments.
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