{"id":3086,"date":"2020-07-14T17:16:54","date_gmt":"2020-07-14T17:16:54","guid":{"rendered":"https:\/\/nolfinal.wpengine.com\/?page_id=3086"},"modified":"2023-08-07T13:20:54","modified_gmt":"2023-08-07T18:20:54","slug":"florida-truck-accident-lawyer","status":"publish","type":"page","link":"https:\/\/www.nickortizlaw.com\/practice-areas\/florida-personal-injury-lawyer\/florida-truck-accident-lawyer\/","title":{"rendered":"Truck Accident Claims in Pensacola, Florida"},"content":{"rendered":"\r\n
If you or a loved one has been injured in a Florida truck accident, an attorney may be able to help you recover compensation for your losses. If the case isn’t resolved outside the courtroom, consider seeking legal counsel to initiate a lawsuit against the trucking firm. The claims process to collect damages from the party responsible for causing your accident can be complicated, but Ortiz Law Firm can help you navigate the process.<\/p>\r\n
Typically, these claims are filed against the trucking company that owns the vehicle and not the driver himself. The trucking company will likely have insurance to cover motor vehicle accidents caused by the company\u2019s drivers. Given the fact that you will be dealing with larger-scale defendants and their insurance companies (who are themselves well-experienced in handling injury claims), you should seriously consider retaining the assistance of an attorney who has experience handling such claims against large corporate entities. At the Ortiz Law Firm, Mr. Ortiz has handled personal injury claims against large trucking companies and insurance carriers.<\/p>\r\n\r\n\r\n\r\n
If you or a loved one has been involved in a Florida truck accident, you may have a legal claim for damages. To learn how our Pensacola truck accident attorney may be able to help you recover compensation for your losses, please fill out our no cost case review form today.<\/p>\r\n\r\n\r\n\r\n
Many accidents of the road involve 18-wheelers, big rigs, delivery trucks and other large trucks, which automatically have the handicap of being much larger than other vehicles. To be qualified for compensation from a truck accident, you and your lawyer must be able to prove that the other party\u2019s negligence caused it. Truck drivers can cause serious accidents by:<\/p>\r\n
Even if you partially responsible for the accident, you can still recover damages if it is determined that the other party carries more of the responsibility.<\/p>\r\n\r\n\r\n\r\n
If you’ve been seriously injured or lost a loved one in a truck accident, there could be multiple parties responsible for your loss, such as the truck driver or the trucking company. However, these parties often deny their responsibility for an accident. A lawyer can help you establish who is at fault, gather proof to back up your claim, and work towards getting you the compensation you deserve from all those liable.<\/p>\r\n
In incidents involving commercial trucks, the trucking company and its insurer typically start an immediate investigation of the accident scene. They have specific guidelines to follow in handling truck accident claims, which are often designed to limit payouts to victims of the crash. The trucking company or insurance company might gather witness statements, take thorough pictures of the accident site, and assess the extent of damage on the vehicles involved in the crash. Additionally, authorities from Florida may conduct an independent investigation of the accident, which could assist your claim.<\/p>\r\n
Here are some of the actions we will take to strengthen your claim:<\/p>\r\n
There are a number of parties who may be liable or held responsible for injuries sustained in a truck accident, including the following:<\/p>\r\n\r\n\r\n\r\n
Mr. Ortiz can assist you in pursuing your complex truck accident case. He understands how to clarify which party may(or may not) be liable for your injuries or the death of your loved one. To help determine and establish liability\/fault, Mr. Ortiz may investigate:<\/p>\r\n\r\n\r\n\r\n
Given the size and weight of the vehicles involved in a truck accident, the cost of treating your injuries will likely exceed the amount of your Personal Injury Protection (PIP) insurance coverage. To collect payment for losses not covered by your PIP coverage, and any other damages you may be eligible to receive, your attorney will need to negotiate with the insurance company. If such out-of-court negotiations are unsuccessful, your attorney may need to file a lawsuit for additional damages.<\/p>\r\n\r\n\r\n\r\n
If you have lost a loved one in a truck accident, you may have the right to pursue a wrongful death suit. Hiring a qualified attorney can help ensure you recover the compensation to which you are entitled.<\/p>\r\n\r\n\r\n\r\n
Injuries suffered in truck accidents can be severe, including (but not limited to):<\/p>\r\n\r\n\r\n\r\n
After all PIP benefits have been exhausted, victims with injuries exceeding the \u201ctort injury threshold\u201d may pursue additional \u201cnon-economic\u201d compensation for their \u201cpain and suffering\u201d.<\/p>\r\n\r\n\r\n\r\n
Lawsuits filed to recover compensation for injuries suffered in a truck accident will often be based the truck driver\u2019s negligence. Some common elements of negligence include:<\/p>\r\n\r\n\r\n\r\n
To succeed in a negligence lawsuit, the injured party has to prove the following elements:<\/p>\r\n\r\n\r\n\r\n
In some instances, multiple parties may be responsible for the injuries. For example, the owner and manager of the trucking company, the owner of the truck, the employer of the driver, and their respective insurance companies may be liable after a crash.<\/p>\r\n\r\n\r\n\r\n
If a truck accident is caused by a flaw in the truck or one of its parts, the injured person may have a valid claim against the manufacturer. To make a successful claim, they will need to demonstrate that:<\/p>\r\n
These types of claims can also be pursued under a principle called “strict liability,” which doesn’t require proof of the manufacturer’s negligence. Instead, the injured party needs to show that the defect was present from the time of manufacture. This would require detailed investigations, tests, and expert testimony.<\/p>\r\n\r\n\r\n\r\n
Sadly, truck accidents often result in fatalities. In such instances, the deceased person’s family may be able to file a claim on behalf of their loved one to seek compensation for their losses. To make a successful claim, the family needs to establish the same legal facts that their loved one would have had to if they had survived the crash. A skilled wrongful death attorney can help families secure both economic and non-economic damages for their loss, and in some instances, punitive damages too.<\/p>\r\n\r\n\r\n\r\n\r\n\r\n
Compensation from a truck accident usually falls into two categories: economic losses and non-economic losses. In some instances, punitive damages may also be claimed.<\/p>\r\n
Economic losses refer to financial costs incurred by the victim or their family, which can include:<\/p>\r\n
Non-economic losses pertain to non-monetary and subjective damages, which can include:<\/p>\r\n
Punitive damages, which are designed to punish and deter egregious behavior, may also be awarded if the defendant’s actions were willfully harmful or intentionally negligent.<\/p>\r\n\r\n\r\n\r\n
Truck drivers have very specific rules to follow as set down in the Federal Motor Carrier Safety Regulations. Trucking companies are required to check the criminal backgrounds of any driver they hire and monitor all employees through driving logs. This is done to ensure that drivers are following the rule of maximum hours of driving they may do per day. In this way, the likelihood of an accident due to inattentiveness can hopefully be avoided. Once a year, a truck driver\u2019s records are inspected and if repeat violations of regulations are visible, steps are taken to remove them from the road.<\/p>\r\n\r\n\r\n\r\n
A large truck is legally defined as a vehicle weighing more than 10,000 pounds. A 2008 federal report stated that 11% of all motor vehicle traffic fatalities in the country involved large trucks. Of those who were killed in these accidents, 16% were occupants of the large trucks, while 74% were not. It is fairly common for drivers of large trucks to have convictions for speeding, an action that is one of the main causes of traffic accidents, causing 31 percent of all road fatalities. 11, 674 people died in 2008 accidents involving speeding, according to the National Highway Traffic Safety Administration.<\/p>\r\n\r\n\r\n\r\n
In 2008, 677 Americans were killed in accidents involving large trucks, 263 of which were in Florida.<\/p>\r\n\r\n\r\n\r\n
The most common causes of truck accidents are:<\/p>\r\n\r\n\r\n\r\n
Here are some additional facts about large truck accidents:<\/p>\r\n\r\n\r\n\r\n
During your attempts to file a claim against a trucking company, you should watch out for some of the tricks the insurance company could possibly pull. Never consent a recorded statement, since these can be twisted against you to hurt your case. A questionnaire that you can respond to in writing is sufficient. Also, we do not recommend that you accept the first settlement offer. Insurance companies will typically begin negotiations much lower than its highest offer. You should only accept an early settlement if it is equal to your damages.<\/p>\r\n\r\n\r\n\r\n
One must not assume that only the drivers of big rig trucks are the cause of damaging accidents. In some cases, the negligent drivers of smaller vehicles are the ones that cause accidents. If you are involved in an accident with a larger vehicle, the other party will not automatically be responsible for damages. If you are considered the sole cause of the accident, you do not have a case for damages.<\/p>\r\n\r\n\r\n\r\n
Accidents involving large trucks can be far more severe than other road accidents. These accidents can be severe, often resulting in traumatic brain injuries, spinal cord injuries or paralysis, conditions that can cause long-lasting disability and expensive medical bills. If you or a loved one has experienced personal injury, including physical and mental pain and financial impairment due to medical wages and loss of work, you are entitled to monetary compensation.<\/p>\r\n\r\n\r\n\r\n
If you have been in a truck accident in Florida, you will need an experienced attorney to handle your claim. Contact our office as soon as you can to schedule a free case evaluation. You only have limited time you have to file a claim with the insurer and\/or file a lawsuit against the responsible parties. To learn more about how our Pensacola truck accident attorney can help with your claim, please fill out the form on this page or call our office at (888) 321-8131<\/strong><\/a> .<\/p>\r\n","protected":false},"excerpt":{"rendered":" Recover Compensation for Your Losses in a Truck Accident If you or a loved one has been injured in a Florida truck accident, an attorney may be able to help you recover compensation for your losses. If the case isn’t resolved outside the courtroom, consider seeking legal counsel to initiate a lawsuit against the trucking …<\/p>\n","protected":false},"author":2,"featured_media":0,"parent":3085,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_genesis_hide_title":false,"_genesis_hide_breadcrumbs":false,"_genesis_hide_singular_image":false,"_genesis_hide_footer_widgets":false,"_genesis_custom_body_class":"","_genesis_custom_post_class":"","_genesis_layout":"","footnotes":""},"_links":{"self":[{"href":"https:\/\/www.nickortizlaw.com\/wp-json\/wp\/v2\/pages\/3086"}],"collection":[{"href":"https:\/\/www.nickortizlaw.com\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.nickortizlaw.com\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.nickortizlaw.com\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.nickortizlaw.com\/wp-json\/wp\/v2\/comments?post=3086"}],"version-history":[{"count":0,"href":"https:\/\/www.nickortizlaw.com\/wp-json\/wp\/v2\/pages\/3086\/revisions"}],"up":[{"embeddable":true,"href":"https:\/\/www.nickortizlaw.com\/wp-json\/wp\/v2\/pages\/3085"}],"wp:attachment":[{"href":"https:\/\/www.nickortizlaw.com\/wp-json\/wp\/v2\/media?parent=3086"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}