New Port Richey Truck Accident Attorney
In the bustling city of New Port Richey, truck accidents are, unfortunately, a common occurrence. These incidents often leave truck accident victims grappling with serious injuries, emotional trauma, and financial burdens. Trying to navigate the intricacies of legal claims and compensation while recovering can be stressful and overwhelming. It’s not just about physical healing but also about finding justice and securing financial stability for the future. The victims of these accidents deserve compassion, support, and legal guidance to assist them through these challenging times.
At The Fran Haasch Law Group, our New Port Richey truck accident attorneys have years of experience helping people like you get the money they need to cover medical expenses, lost wages, and more. We are well-versed in personal injury law, and we know what it takes to win a Florida truck accident claim. We are here to help you every step of the way. Contact us for a free consultation today.
Common Causes of Truck Accidents
Truck accidents can be attributed to a variety of causes, including but not limited to:
Driver Fatigue: Truck drivers working long hours without adequate rest can become fatigued, increasing the risk of accidents.
Reckless Driving: Speeding, tailgating, or ignoring traffic laws can lead to catastrophic accidents.
Distracted Driving: Activities such as using a cell phone, eating, or adjusting the GPS while driving can divert the driver’s attention and result in accidents.
Improperly Loaded Cargo: If cargo is not properly secured or is overloaded, it can cause the truck to become unstable, leading to accidents.
Mechanical Failures: A lack of regular maintenance can lead to mechanical failures like brake failures or tire blowouts, which can cause accidents.
Poor Weather Conditions: Rain, snow, fog, or icy conditions can make the road slippery and visibility low, increasing the risk of accidents.
Lack of Training: Insufficient training can lead to poor handling of large commercial trucks, thereby causing accidents.
Trucking Regulations in Florida
Trucking regulations are set at the federal level by the Federal Motor Carrier Safety Administration (FMCSA.) These regulations apply to all commercial truck drivers and truck companies regardless of their state.
- Hours of service – A truck driver is limited to driving for a certain number of hours per day and week.
- Cargo securement – Cargo must be properly secured to prevent shifting during transport.
- Vehicle inspections – Trucks must be inspected regularly to comply with safety regulations. If a trucking company fails to do so, it may be held liable for the accident.
Types of Truck Accidents
Truck accidents come in various forms, each of which can cause severe damage and injury. It’s important to understand the different types of truck accidents, as they often require different approaches when it comes to legal action. Some of the most common types of truck accidents include:
- Jackknife Accidents: These occur when a truck folds at the hinge, causing the trailer to swing out to the side, creating a shape similar to a partially opened folding knife.
- Rollover Accidents: These happen when a truck tips over onto its side. This can be due to a variety of reasons, such as high speed, abrupt turns, or imbalance due to improperly loaded cargo.
- Rear-End Accidents: These are caused when a truck crashes into the vehicle in front of it, often due to the truck’s inability to stop in time.
- Blind Spot Accidents: Large trucks have significant blind spots on all sides. If a truck driver fails to check these blind spots before changing lanes or turning, they may collide with other vehicles.
- Head-On Collisions: These occur when the front end of a truck collides with the front end of another vehicle. These types of accidents are often fatal.
- Underride Accidents: These happen when a smaller vehicle slides under the back or side of a large truck, often resulting in severe damage and injury.
- Lost Load Accidents: These occur when cargo falls off a truck, causing accidents due to other vehicles colliding with the fallen cargo or swerving to avoid it.
Common Truck Accident Injuries
Truck accidents often result in severe injuries, some of which include:
Neck and Back Injuries: These can range from minor strains to significant injuries like herniated disks or spinal cord damage.
Traumatic Brain Injuries (TBIs): These are often serious and can lead to permanent disability or even death.
Broken Bones: The impact of a truck accident can cause fractures in any part of the body.
Internal Injuries: These can include damage to organs, internal bleeding, and other life-threatening conditions.
Lacerations and Bruises: These are common in truck accidents and can range from minor cuts to severe wounds.
Burn Injuries: These can occur if a vehicle catches fire after an accident.
Psychological Trauma: The traumatic experience of being involved in a truck accident can lead to conditions like post-traumatic stress disorder (PTSD), anxiety, and depression.
Wrongful Death: In the most tragic circumstances, truck accidents can result in fatalities.
What To Do After a Truck Accident?
If you’re involved in a truck accident, it’s crucial to take the right steps to ensure your safety and protect your legal rights. Here’s a detailed list of what you should do:
Ensure Safety: First and foremost, ensure your safety and the safety of others involved. If possible, move your vehicle out of traffic to a safe location.
Call 911: Dial 911 immediately to report the accident. Ensure that both police and medical personnel are dispatched to the scene.
Document the Scene: Use your phone to take pictures or videos of the accident scene, your injuries, damage to your vehicle, and any other pertinent details.
Exchange Information: Exchange insurance and contact information with all parties involved. This includes the truck driver, any witnesses, and other motorists involved.
Seek Medical Attention: Even if you think you’re not seriously injured, seek medical attention immediately. Some injuries may not manifest symptoms right away.
Report the Accident to Your Insurance Company: Notify your insurance company about the accident as soon as possible. Be truthful, but do not admit fault or speculate about what caused the accident.
Keep Records: Keep a record of all medical treatment you receive, expenses related to the accident, and any changes in your health.
Consult with a Truck Accident Attorney: To protect your rights and interests, consult with a truck accident attorney as soon as possible. They can guide you through the legal process and ensure you get the compensation you deserve.
Do Not Discuss the Accident: Do not discuss details of the accident with anyone except your lawyer and your insurance company. This includes posting about the accident on social media.
Follow Your Doctor’s Advice: Make sure to follow your doctor’s advice and treatment plan completely. Any gaps in treatment can be used by the insurance company to reduce your compensation.
Why Do I Need a Truck Accident Attorney?
Engaging a truck accident attorney is vital following an incident due to the complexities often associated with these types of accidents. Trucking companies are usually protected by powerful insurance companies who have their own team of experienced lawyers to minimize their liability. An attorney can level the playing field by representing your interests, ensuring that you are not taken advantage of during this vulnerable time. They will have the knowledge to navigate any roadblocks that may arise during the legal process, including complicated laws, severe injuries, and high financial stakes. An experienced attorney can help gather and preserve evidence, establish liability, negotiate with insurance companies, and, if necessary, represent you in court. Ultimately, a truck accident attorney is an invaluable ally, striving to secure the maximum compensation possible for your injuries and losses.
Filing a Truck Accident Claim
If you’ve suffered injuries due to a truck accident, it’s imperative to file a personal injury claim as soon as possible. As you initiate this process, several key factors come into play:
- Extent of Injuries: Immediately documenting your injuries and seeking medical attention is vital. This not only facilitates your recovery but also provides critical evidence when claiming compensation.
- Cause of the Accident: Identifying the cause aids in attributing fault. Establishing who’s responsible simplifies the process of making your case and proving negligence.
- Incurred Damages: Maintain a record of every expense related to the accident. You could be eligible for compensation covering pain and suffering, lost earnings, and medical costs. Timely documentation is crucial for an accurate and comprehensive claim.
Liability in a Truck Accident Case
Determining liability in a truck accident case often involves investigating several potential parties. The following are the entities that may be held liable:
The driver may be liable if their negligence, such as speeding, fatigue, or distracted driving, caused the accident.
If the company has failed to maintain the vehicle properly or has encouraged the driver to operate without sufficient rest, they may be held accountable.
If the cargo was improperly loaded or secured, the company responsible for loading the truck could be liable.
If the accident was caused due to a mechanical defect, the truck’s manufacturer or the maker of the defective part may be held liable.
Other drivers on the road could also share liability if they were involved in the incident.
Negligence in Florida Truck Accidents
Under Florida law, truck drivers and trucking companies must exercise a certain degree of care when operating their vehicles. If they fail to do so and an accident occurs, they can be held liable for any damages caused.
Comparative Negligence in Florida Truck Accidents
The fault system in Florida has changed significantly under HB 837, replacing the pure comparative fault system with a “greater percentage of fault” model. This model implies that if a party is determined to be more than 50% responsible for their own harm, they will be barred from receiving any compensation for their damages. This puts a greater weight on the victim to prove the other party’s liability of over 50%, which is why it’s critical to have a competent personal injury attorney advocating for you throughout the process.
Florida Truck Accident Damages
In the aftermath of a truck accident in Florida, the victims may be entitled to various compensations, collectively referred to as ‘damages.’ These damages may include:
Medical Expenses: This includes all costs related to medical care, such as hospital bills, surgery, medication, physiotherapy, and any future medical expenses related to the accident.
Lost Wages: If the victim is unable to work due to their injuries, they may be compensated for their lost income, including any potential future earnings.
Pain and Suffering: This refers to the physical pain and emotional distress experienced by the victim as a result of the accident. It can be more subjective and often varies on a case-by-case basis.
Loss of Consortium: If the victim’s injuries significantly impact their relationship with their spouse or family, they may be entitled to compensation for loss of companionship or consortium.
Property Damage: This refers to the cost of repairing or replacing your vehicle and any other personal property damaged in the accident.
Punitive Damages: In some cases, if the defendant’s actions were particularly reckless or harmful, the court may award punitive damages aimed at punishing the guilty party and deterring similar behavior in the future.
Remember, each case is unique, and the specific damages available to you will depend on the details of your case. Always consult with a knowledgeable truck accident attorney to understand your rights and potential compensation.
What Our Truck Accident Attorneys Can Do For You
Our team of dedicated truck accident attorneys is committed to delivering comprehensive legal support tailored to meet your individual needs. We strive to alleviate the stress and confusion that often accompanies dealing with the aftermath of a truck accident. Our attorneys will guide you through every step of the legal process, from gathering and preserving critical evidence to negotiating with insurance companies to representing you in court if necessary.
Our seasoned attorneys are proficient in navigating the complexities of truck accident cases, including determining liability, understanding federal and state trucking regulations, and assessing the full spectrum of damages. Using their nuanced understanding of the law, they will work tirelessly to build a compelling case and fight for the maximum compensation they deserve.
Moreover, we believe in maintaining open and clear communication with our clients. You will be kept informed and involved at every stage of your case. Our goal is not just to represent you but to provide you with the knowledge and resources you need to make informed decisions about your case.
In challenging times, you need an advocate who’s prepared to fight on your behalf. Our truck accident attorneys are ready to support you in your pursuit of justice and fair compensation.
We Get You the Compensation You Deserve
At The Fran Haasch Law Group, our personal injury attorneys understand that no amount of financial recovery can undo what you have been through. However, a fair settlement or jury verdict can ease the financial burden of unexpected medical bills, lost income, and other economic and non-economic damages associated with your accident.
We have obtained multi-million-dollar jury verdicts and settlements in personal injury cases involving auto accidents and claims concerning wrongful death and catastrophic injuries.
Here are a few of our auto accident case results:
- $1.8 million for our client in Pinellas County, who was injured in an auto accident.
- $1.8 million for a 33-year-old female client in Hillsborough County who was lawfully stopped for a left-turning vehicle ahead when she was rear-ended by the defendant vehicle, which was then rear-ended by the vehicle behind it, causing the client to feel two impacts. This resulted in multiple back surgeries and an infection, which caused the client to be hospitalized several times.
- $1.6 million for a 25-year-old female passenger on a motorcycle when the defendant cut across the client’s path. The client was thrown over 200 feet from the motorcycle. The accident resulted in a fractured leg, broken finger, back surgery, and many other injuries.
- $1.55 million for a 46-year-old male in Pasco County who was stopped at a red light on U.S. Highway 19 in Pasco County and was rear-ended by the defendant at a high rate of speed.
- $1.35 million for a client in Pasco County. The defendant turned left in front of our client, causing the client’s vehicle to flip and resulting in many injuries.
- $1.34 million for a 69-year-old male client in Orange County who was in the left turn lane when the defendant came across his pathway while attempting to turn and collided with the client. The accident resulted in multiple severe injuries, including a fractured pelvis, broken ribs, a punctured lung, a broken arm that required surgery, and several lacerations.
- $1.3 million for a 33-year-old female client in Pinellas County who was rear-ended while stopped at a traffic light with her three children in the car with her. The accident resulted in multiple surgeries and complications.
- $1.025 million for our client injured in a car accident in Hillsborough County.
- $1 million for a client in Hillsborough County rear-ended in stop-and-go traffic on the interstate.
Contact an Experienced Truck Accident Attorney Today
Securing the right legal representation after a trucking accident is crucial. The impact on your life is significant, and you need an advocate who understands the hurdles you’re facing. Remember, you’re not alone in this journey.
Our experienced truck accident attorneys at The Fran Haasch Law Group are here to help you navigate this difficult time. Take the first step towards justice and fair compensation today. Contact us today, and let us fight for the compensation you deserve.