Florida Truck Accident Lawyer

Joshua Winegar and Steven Winegar Florida Personal Injury Lawyers at Winegar Law

Florida Truck Accident Lawyer

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ARTICLE HIGHLIGHTS
florida truck accident lawyer accident scene

The best Florida truck accident lawyers at Winegar Law can help

Winegar Law is a Florida personal injury law firm that helps to maximize compensation for injury victims involved in a Florida truck accident. Accidents involving large trucks like 18-wheelers and semi-trucks are often very serious, resulting in fatalities and catastrophic injuries. If you’ve lost a loved one in a fatal truck crash, you may have grounds for a Florida wrongful death claim.

Steps to take immediately after a Florida truck accident

Move to a safe location

Ensuring your safety by alerting other drivers to your presence by any means necessary. If possible use hazard lights, reflectors, roadside flares, etc. to increase your visibility on the side of the road.

Exchange information

This includes the other driver, truck drivers, passengers and any witnesses. This includes the name, address, insurance information, and driver’s license numbers of anyone involved.

Take pictures of the truck accident scene

Some key elements to take photos of include:

  • License Plates
  • Vehicle Damage
  • Road Conditions
  • Traffic Signs / Signals
  • Injuries
  • Weather Conditions
  • Witness Photos
  • Overall Scene

File a police report

Filing a police report establishes an official record of the accident, and should provide an unbiased account of the events. A police report will cover details such as:

  • Date, time and location
  • Weather conditions
  • Vehicle types
  • Vehicle damages
  • Driver information
  • Injuries sustained.

If you feel an officer overlooked an important detail, politely ask to have it included. This crucial document will be used as a foundation for insurance and/or personal injury claims. It helps in determining fault, assessing damages, and ensuring an accurate representation of the circumstances

See a doctor

Seeking medical attention as soon as possible is vital to your Florida truck accident case.

Just as the police report is the official documentation of the accident scene, your medical visits serve as the official record of your injuries. They not only serve to keep records of your costs, but also establish a link between the accident and your injuries. The best Florida accident lawyers can request copies of your medical records on your behalf if needed.

Even if you don’t think you’re injured, it’s important to see a doctor

Symptoms can be delayed due to adrenaline and shock. Truck accident injuries with delayed symptoms can include:

  • Whiplash: Neck and spine injuries might take hours or days to surface.
  • Concussion: Head injuries may cause headaches, dizziness, or cognitive issues later on.
  • Internal Injuries: Injuries to internal organs pose serious risks and may not be immediately obvious
  • Soft Tissue Injuries: Damage to muscles, ligaments, or tendons can lead to chronic inflammation
  • Emotional Trauma: Psychological conditions, like post-traumatic stress disorder (PTSD)
  • Delayed Pain: Musculoskeletal injuries may cause long lasting or permanent reduced range of motion

Contact your insurance company

While you should make your insurance company aware of the situation, going too far without a top rated Florida truck accident lawyer on your side may jeopardize your case. Insurance companies may be looking for ways to minimize your claim. You may find yourself out of your element, feeling pressured to take a fast settlement or even have your statements used against you to deny the claim altogether.

Get legal help

Consulting with one of the best Florida truck accident lawyers at Winegar Law will help put your case on solid ground. The faster you are able to take legal action, the greater the chance of a successful outcome. Taking too long can result in missing the statute of limitations, deterioration of evidence or details being forgotten. Don’t delay, call us today at:

When is a vehicle considered a “truck” in a Florida truck accident case?

Determining when a vehicle is a truck in a truck accident lawsuit involves analyzing the following factors:

  • Size: Trucks are generally larger than standard vehicles and may fall into specific size categories based on regulations.
  • Weight: Trucks are typically heavier than regular vehicles, and weight limits can help classify them as commercial trucks.
  • Purpose: The intended use of the vehicle matters; if it’s primarily for commercial purposes, it’s more likely to be considered a truck.
  • Registration / Licensing: Commercial trucks often require special registrations and licenses, which can be a key factor in determining their classification in a truck accident lawsuit.

While trucks typically are larger and heavier than cars, this may not always be the determining factor. For example, a van that is used to transport construction materials may be considered a truck, while a truck registered as personal transportation may not be.

Why is it important to distinguish the difference between car accidents and truck accidents?

Legally speaking, its important to understand what is classified as a truck because it can affect the liability of the parties involved. For example, if a car collides with a truck or commercial vehicle, the car driver may be found at-fault if the truck was properly operated and was not violating any traffic laws. However, circumstances may change if the truck was overloaded, failed to abide by trucking regulations or found in violation of company policy.

Vehicles classified as trucks in a lawsuit could include:

  • 18-wheelers
  • Garbage / dump trucks
  • Tractor-trailers
  • Tow trucks
  • Tanker trucks
  • Concrete mixers
  • Construction transports
  • Delivery trucks
  • Logging haulers
  • Flatbed trailers
  • Post Office mail trucks
  • U-Hauls
  • UPS / FedEx trucks

Trucker Fatigue: A Serious Safety Hazard

Trucker fatigue is a serious safety hazard that can lead to accidents, injuries, and fatalities. Federal regulations are implemented by the Federal Motor Carrier Safety Administration to limit the number of hours that truckers can drive during the week, but these regulations are often ignored.

The consequences of trucker fatigue can be deadly. In 2023, there was approximately 4,200 fatal crashes involving large trucks in the United States. Of these crashes, 815 were attributed to driver fatigue.

Truck lobby groups argue that regulations are too restrictive and make it difficult for their members to make a living, while safety advocates argue the regulations are not strict enough.

Not all truck accidents are a result of fatigue, some other factors include:

  • Using electronic devices while driving
  • Not properly securing cargo
  • Exceeding weight and/or size limits
  • Losing control during adverse weather conditions
  • Operating under the influence of drugs or alcohol

FREE CASE EVALUATION | Online Form or call 24/ 7 at (866) 531-6001

How a Florida truck accident attorney at Winegar Law can help

  • Investigating the accident: Our truck accident attorneys will investigate the accident to determine who was at fault. We will gather evidence, interview witnesses, and consult with experts to build a strong case.
  • Negotiating with insurance companies: We will negotiate with the insurance companies on your behalf to get you the maximum compensation possible. We have a proven track record of success in getting our clients fair settlements.
  • Going to court: If necessary, we will take your case to court to fight for your rights. We have the experience and resources to win your case.
  • Fighting for the compensation you deserve: We work tirelessly to recover for your injuries, lost wages, pain and suffering, and other damages.

Recovering damages after a Florida truck accident

If you have been injured in a truck accident in Florida, you may be entitled to recover damages for your losses. The types of damages that you can recover will depend on the specific circumstances of your case.

Some of the most common types of damages that are recoverable in Florida truck accidents include:

  • Medical expenses: This includes the cost of all medical treatment that you have received or will need to receive in the future, including doctor’s visits, hospital stays, surgery, and prescription medications.
  • Lost wages: This includes the money that you have lost or will lose as a result of being unable to work due to your injuries.
  • Pain and suffering: This is a non-economic form of damages that compensates you for the physical and emotional pain and suffering that you have experienced as a result of the accident.
  • Property damage: This includes the cost of repairing or replacing any property that was damaged in the accident, such as your car or your belongings.
  • Loss of consortium: This is a type of damages that is available to spouses who have been injured in a truck accident. It compensates them for the loss of the companionship, love, and support of their spouse.

You may also be able to recover other damages. Punitive damages are awarded to punish the defendant for their reckless or intentional conduct. Emotional distress damages are awarded to compensate you for the emotional pain and suffering that you have experienced, such as anxiety, depression, or post-traumatic stress disorder.

The amount of damages that you can recover depends on the specific circumstances of your case:

  • The severity of your injuries
  • Amount of lost wages
  • Determining percentage of fault

Here are some additional tips for recovering damages after a Florida truck accident:

  • Get medical attention immediately. This is important to document your injuries and to start the process of getting treatment.
  • File a police report. This is important to document the accident and help understand who was at fault.
  • Gather evidence. Take pictures of the accident scene, getting the names and contact information of witnesses, and preserving any medical records or other documentation related to your injuries.
  • Hire an attorney. An experienced Florida truck accident lawyer can help you understand your legal rights and options, and help you navigate complex legal procedures.

FREE CASE EVALUATION | Online Form or call 24/ 7 at (866) 531-6001

7 Mistakes to avoid when dealing with a Florida truck accident

common mistakes to avoid in a florida truck accident
  • Admitting fault. Even if you think you are at fault, it is important to avoid admitting fault to the other driver or to the insurance company. Anything you say can be used against you later.
  • Signing anything from the insurance company. The insurance company may try to get you to sign a release or a settlement agreement before you have had a chance to fully understand your legal rights. Do not sign anything without first talking to an attorney.
  • Not getting medical attention. Even if you do not think you are injured, it is important to get medical attention after a truck accident. Some injuries, such as concussions, may not be immediately apparent.
  • Not taking pictures of the accident scene. Taking pictures of the accident scene can help you document the accident and to prove your case later.
  • Not getting the names and contact information of witnesses. Witnesses can provide valuable information about the accident, such as what happened and who was at fault.
  • Not hiring an attorney. An experienced personal injury lawyer can help you understand your legal rights and options, and they can help you recover the compensation you deserve.
  • Waiting too long to file a claim. Time limits exist for filing an accident claim in Florida, also known as the statute of limitations.

Cities in Florida where the most truck accidents occur

According to the Florida Department of Highway Safety and Motor Vehicles, the following cities have a higher percentage of truck accidents compared to others in the state:

  • Orlando: Major transportation hub with many theme parks and tourist attractions.
  • Tampa: Home to a large seaport making it a vital destination for trucks
  • Miami: Major shipping port and popular tourist destination.
  • Fort Lauderdale: Large airport and core trucking routes
  • Jacksonville: The largest city in Florida.

Some reasons why these cities have the most truck accidents are:

  • High traffic volume, Heavy truck traffic, Congestion, Weather conditions 
    Florida is known for its hot weather and rain, which can make the roads slippery and dangerous. This can lead to more accidents, especially involving trucks.

Here are some tips to help avoid truck accidents:

  • Give trucks plenty of space when driving.
  • Do not tailgate trucks.
  • Be patient and do not try to pass trucks in dangerous situations.
  • If you see a truck that is driving erratically, pull over and let it pass.

FREE CASE EVALUATION | Online Form or call 24/ 7 at (866) 531-6001

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Our Office Locations

801 Northpoint Pkwy Ste 3C,
West Palm Beach, FL 33407

1900 N Bayshore Dr 1A #132,
Miami, FL 33132

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