Commercial trucks are heavy and can cause tragic accidents when they collide with another car on the road. These accidents can result in serious injuries, leading to expensive medical bills. When you’re severely injured and trying to stay up to date on bills, it delays your recovery time.
At Viles & Beckman, we know the financial and mental stress that you are going through, and we want to help. If you or a loved one were injured in a truck crash, our truck accident lawyers in Cape Coral will fight for justice and your compensation. We’ll help you navigate the legal process of filing a truck accident claim so that you can get back to recovering.
Damages You Can Recover After a Truck Accident
When you’re in a car versus commercial truck accident, the aftermath is often far worse than if it were a car-on-car accident. To pay for the damages, you may be able to recover compensation for the following:
- Medical expenses
- Loss of wages
- Wrongful death
- Mental trauma
- Loss of quality of life
- Physical therapy
- Vehicle repair or replacement
Our lawyers are dedicated to getting you the financial reward that you deserve. We thoroughly review each case that we receive and find all the damages that your case qualifies for.
Sometimes, in truck accident cases, other parties—even your own insurance company—may try to talk you out of certain damages you’re eligible for. But we won’t allow them to do so.
Common Truck Accident Injuries
The weight of a commercial truck can cause serious and even fatal car accidents if the impact is strong enough. The most common types of injuries people sustain in truck accidents include:
- Neck and back injuries
- Broken bones
- Head trauma
- Internal injuries that are not visible
- Injuries to rib and torso
- Injuries via seat belts
- Spinal cord injuries and paralysis
- Wrongful death
If you don’t see your injury listed above, there’s no need to worry. Most injuries people get in truck accidents qualify. One of our truck accident attorneys in Cape Coral can assess your injuries, verify that you have a valid case, and provide an estimation of your damages in our free case review.
Different Ways Florida Truck Drivers Can Be Negligent
Truck drivers can be found negligent in an accident in a variety of ways. Besides driving errors, Florida truck drivers can be negligent via the following:
Improper Licensing or Training
Florida requires truck drivers to have the appropriate license and training, depending on the driver’s class of license. For example, a Class A license allows drivers to operate a commercial truck that weighs 26,001 pounds or more and tow a vehicle over 10,000 pounds.
If an investigation reveals that the driver who hit you carried hazardous chemicals, which requires a Class C license, they can be found negligent in their actions.
Florida implemented a ban on distracted driving in July 2019, which includes texting while driving, eating, fidgeting with a GPS while driving, and fixing your appearance. Just like everyone else, truckers have a responsibility to drive attentively and safely, if not more, because of the increased weight.
If you have evidence of the truck driver engaging in any of these activitives while driving, it will help you prove their negligence.
Speeding and cutting off other drivers are common and dangerous driving behaviors. Trucking company drivers may engage in these behaviors to meet their queues and deadlines, but it puts all drivers at risk. All drivers of commercial trucks should take a duty of care to drive in accordance with the law.
Driving Under the Influence
Driving after the consumption of any intoxicating substance is illegal for all drivers in Florida because of the dangers it poses to all drivers on the road. Also, truck drivers represent the company they work for, so if they are under the influence of drugs or alcohol, it damages the company’s reputation.
A truck driver’s employer should perform regular drug and alcohol tests when the driver is hired and when they witness odd behavior. If they do not, the trucking company may be found negligent.
Federal laws state that truck drivers’ hours of service cannot be more than eight, 11, or 14 consecutive hours without proper breaks and days off. Driving while tired is just as dangerous as driving while drunk. When you drive tired, your awareness and reaction time are slowed, which can lead to major accidents.
When you work with our Cape Coral truck accident lawyers, we’ll help you gather and preserve evidence from your accident so that we can start building a strong case. We’ll also negotiate with insurance companies and help you get the settlement that you deserve.
The Amount of Time You Have to File a Claim for a Truck Accident in Florida
According to Fla. Stat. § 95.11, you have four years from the day of the truck accident to file a claim. If you wait longer than four years to file, you risk not getting the maximum settlement amount or no settlement at all.
Florida’s statute of limitations gives you four years, but it’s important to know that each case is different. Depending on your case, the time you have to file may be more or less than the standard statute of limitations. That’s why it’s best to hire a truck accident attorney so that you know exactly how much time you have and you don’t miss any deadlines.
Contact a Truck Accident Attorney in Cape Coral
A commercial truck accident can be overwhelming and expensive without a lawyer. Our dedicated Cape Coral truck accident lawyers at Viles & Beckman will help you through the legal process, protect you from unnecessary costs, and fight for your interests.
If you or a loved one were in a truck accident in Cape Coral, call us or fill out the form on our contact page to start your free case review today. We’ll help you recover financially so that you can afford to recover from your physical and mental injuries.