When you’re out on the road, the last thing you might imagine is ending up in an accident with a semi-truck. However, truck collisions are particularly common, leaving victims facing life-altering injuries, property damage, and mounting medical bills.
Experiencing a truck accident is unfortunate, but you may have legal options. A truck accident lawyer in Dade City from Nicoletti Accident Injury Lawyers can provide legal guidance and help determine the best steps toward reaching compensation for your injuries and losses.
Our Dade City Truck Accident Attorneys Can Help
Getting into a semi-truck accident can be scary and have lasting results. After a collision, it is best to work with an experienced truck accident lawyer to help pursue the compensation you’re owed.
Nicoletti Accident Injury Lawyers have extensive experience helping clients when they need us most. We have the knowledge and skills necessary to handle even the most challenging aspects of your case, including dealing with difficult insurance companies. Our firm provides the care and compassion you need while fiercely advocating on your behalf.
You don’t have to handle your truck accident case alone. Let Nicoletti Accident Injury Lawyers fight for your right to compensation.
Truck Accident Cases Results
Our firm is proud to have helped numerous clients receive compensation for their injuries in the past.
Some of our notable truck accident case results include:
- $3,300,000: Truck accident resulting in multiple orthopedic fractures and surgeries.
- $1,250,000: Truck accident resulting in a significant laceration, jaw injury, and brain injury.
- $880,000: Truck accident resulting in back and neck injuries with complications during surgery.
It is worth noting compensation varies and is never fully guaranteed. However, our team will work diligently to help get you the fairest possible outcome for your case.
Truck Accidents in Florida
Truck accidents happen quite frequently in Florida. According to the National Highway Traffic Safety Administration (NHTSA), in 2020, 4,846 vehicles were involved in large truck accidents resulting in fatalities. Unfortunately, Florida consistently ranks among the top states for semi-truck accidents.
U.S.-301 and U.S.-98 run directly through Dade City. These roads are often busy, with heavy truck traffic, making accidents more common.
If you’ve been in a truck accident, do not hesitate to consult with a Dade City truck accident lawyer as soon as possible.
Truck Accident Cases are Complex
Many believe truck accident cases are very similar to car accident cases, but that is never the case. Several factors make truck accident cases much more challenging to handle, requiring the assistance of a qualified truck accident attorney.
#1. Trucks are Destructive
Just looking at a semi-truck, it is clear to imagine the severe injuries and property damage it can cause. Because trucks are so large and heavy, a collision with one can have much more serious consequences, resulting in a more complicated case.
#2. The Trucking Industry Has Strict Regulations
Everyone involved in the trucking industry must follow strict state and federal regulations. Many of these rules are set forth by the Federal Motor Carrier Safety Administration (FMCSA). These regulations cover every trucking-related topic, including the number of hours a truck driver can reasonably drive without rest and rules for logbooks.
Violating these regulations can result in penalties for various parties. These violations can play a role in a truck accident case, as they may help prove liability.
#3. Trucks Carry More Insurance Coverage
Because trucks can cause such significant destruction, they are required to carry greater insurance coverage. Therefore, insurance companies will work much harder to limit liability to avoid paying. A truck accident attorney can best handle insurance companies, as they often put up a fight.
#4. Liability Can Be Complicated
Determining who is liable in a truck accident can be difficult. In many cases, more than one party holds responsibility for the accident. To pursue compensation, you must first determine who is at fault.
Common Causes of Truck Accidents
Truck accidents typically happen quickly for many different reasons.
Some of the most common causes of truck accidents include:
- Driver fatigue
- Driving under the influence
- Distracted driving
- Brake or mechanical failure
- Speeding
- Insufficient truck maintenance
- Inadequate driver training
- Improperly loaded/overloaded cargo
- Road construction
- Severe weather conditions
Determining the cause of your truck accident is one of the most important parts of your case. Your accident attorney can conduct a thorough investigation to uncover the cause.
Liability in Truck Accident Cases
The trucking industry is unique, as many parties can play a role in a truck accident.
After a collision with a semi-truck, you can hold any of the following parties responsible:
- The truck driver
- The owner of the truck
- The trucking company
- Manufacturers of the truck or truck parts
- The party responsible for truck maintenance
- The party responsible for loading the cargo
In many cases, multiple parties share liability. It is essential to accurately determine who is responsible for seeking maximum compensation for your injuries and losses.
Proving Liability After a Semi-Truck Collision
Proving a party is liable for your car accident requires you to establish their negligence.
To prove negligence, you must prove:
- The party owed you a duty of care
- They breached this duty of care
- The breach was the cause of your accident
- You suffered losses as a result
If you can prove a party is negligent, you can then pursue compensation for your injuries.
Determining Cause and Fault
Your truck accident lawyer can utilize certain tools when determining who and what caused your collision.
These include:
- The truck’s black box: A black box, also called an electronic data recorder (EDR), is a small computer inside the truck. It records details about the truck, including travel speed.
- Truck logs: Certain parties, including truck drivers and those responsible for truck maintenance, must keep detailed logs. These logs can be used to determine both cause and fault.
- Police reports: After your accident, police will gather details about your accident and turn it into a police report. Police reports commonly offer valuable insight.
Gathering this information can be challenging, but your truck accident attorney can help ensure they have everything they need to make conclusions regarding the cause of your accident and who is at fault.
Injuries Resulting from Truck Collisions
Injuries resulting from semi-truck collisions often depend on the severity of the accident. Injuries, nevertheless, are typically serious.
The most common types of injuries from truck accidents include:
- Lacerations
- Burns
- Fractured or broken bones
- Internal injuries
- Facial injuries
- Head and neck injuries
- Traumatic brain injuries (TBIs)
- Back injuries
- Spinal cord injuries and paralysis
- Amputation injuries
In the most unfortunate cases, truck accidents result in the victim’s death.
It is vital to get medical attention right away after a truck accident. Not only should you always put your health and wellbeing first, but medical records also play an integral role in your case.
Compensation for Truck Accident Cases
Damages serve to compensate you for the tangible and intangible losses resulting from your accident. Damages fall into two categories: economic and non-economic.
Economic damages stem directly from your accident and are easily provable.
These include:
- Past and future medical expenses
- Lost wages
- Lost earning capacity
- Property damage
Non-economic damages are also directly related to your accident but are not as easily quantifiable.
They include:
- Pain and suffering
- Mental and emotional anguish
- Loss of consortium
- Loss of enjoyment of life
- Permanent disfigurement
In addition, if the defendant's actions were grossly negligent or intentional, the court may grant punitive damages to punish and deter future conduct.
If the truck accident results in the victim’s death, their family may be entitled to seek damages in a wrongful death lawsuit.
Wrongful death claim damages can include:
- Medical expenses
- Funeral and burial costs
- Pain and suffering of the victim
- Loss of support
- Lost wages and benefits
Damages can be tricky to calculate alone, and you may be unaware of what you’re owed. A truck accident attorney can fully review the details of your accident to determine the value of your case. They will then work diligently to get you the fairest possible outcome.
Dade City Truck Accidents - Frequently Asked Questions
How much time do I have to file a truck accident lawsuit in Florida?
Statutes of limitations dictate how long a plaintiff has to file a lawsuit. In Florida, the statute of limitations for truck accidents is four years.
While you can still file your claim after the four-year time limit has expired, you are unlikely to be successful. The opposing party can bring the statute expiration to the court’s attention, and the court will dismiss your case.
Failing to file your lawsuit in time can result in forfeiting your right to compensation. To ensure your case is handled timely, speak with a Dade City truck accident attorney as soon as you are able after your accident.
I don’t think I suffered any major injuries—should I still seek medical attention?
Yes—you should always seek medical attention. When you go through a traumatic incident like a truck collision, your body releases adrenaline. Adrenaline can temporarily hide any signs of injury. Even if you do not feel like you’ve sustained any significant injuries, it is always best to visit the emergency room or your primary care physician.
A thorough examination can reveal the extent of your injuries. Once you’re aware of your injuries, you can start treatment and get on the road to recovery.
Complete medical treatment and follow all recommendations from your doctor. Everything is well-documented in your medical records, and your truck accident lawyer will more than likely use these records to build a strong case.
What determines the value of my truck accident case?
Every case is different, so there is no “average” truck accident settlement.
When determining the value of your case, your lawyer will examine certain details, including:
- Your age and health
- The extent of your injuries
- The extent of your property damage
- Medical bills and rehabilitation costs
- How long it will take for you to recover from your injuries
- Whether you’ll need medical treatment in the future
- Whether you’re left disabled or disfigured
- The amount of lost income
These and other factors can help establish how much your case is worth. Once your lawyer has determined the value of your case, they can pursue compensation on your behalf.
The insurance company made me a settlement offer. Should I take it?
Never accept a settlement offer without consulting a truck accident lawyer. Insurance companies will often present victims with a settlement offer in hopes they will accept it, but these offers are usually low and don't represent what you deserve.
Once you accept a settlement offer, you cannot go back and change your mind. Therefore, discuss your situation with a knowledgeable truck accident lawyer to help ensure you’re getting maximum financial recovery.
Will my truck accident case go to court?
Truck accident cases don’t always go to court. Truck accident lawyers engage in settlement negotiations with the other side, and if the negotiations are successful, your case will settle without the need to go to trial.
If your lawyer cannot get a fair amount and feels it is best to go to trial, they will continue to represent your best interests in court while pursuing the best possible outcome.
Consult a Dade City Truck Accident Lawyer Right Away
After suffering a truck accident, you are not alone. Our truck accident lawyers are ready to hear your story and help you seek financial recovery.
Nicoletti Accident Injury Lawyers have served injured clients in South Florida for many years. We aim to provide clients with invaluable peace of mind while we handle their cases, giving them the ability to focus solely on their physical recovery. Our firm gives every client and case the personalized attention it deserves, as we know every situation is different.
If you’ve been in a truck accident, call our office at (352) 397-2248 or contact us online for a free consultation.