What to Do Immediately After a Truck Accident
Stay on the Scene
Do not leave the scene of the accident. If possible, you should move out of the way of harm.
Get Help
Immediately contact the authorities as well as emergency medical personnel if they are required.
Exchange Information
Exchange information such as your contact and insurance information with the other driver. This information is crucial to filing your claim.
Take Photos
Take photos and videos of the scene of the accident. These can be used to support your claim in or out of court.
Do Not Admit Fault
It is crucial that you do not apologize or admit fault, as this can be used against you in the course of pursuing compensation.Contact an Attorney
It is essential that you contact an attorney who can help you collect what you are owed.
Follow these steps...
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The Chanfrau Difference
“The most important thing to us is that the client feels like we have not only helped them but that they are happy with our service.” William M. Chanfrau Jr.
How dangerous are truck accidents?
Many Victims Are Killed in Truck Accidents
In 2017, truck accidents claimed the lives of 4,102 victims, 68 percent of whom were in cars and other passenger vehicles.
According to the Insurance Institute for Highway Safety, Highway Loss Data Institute
Why do these accidents happen?
Since commercial truck drivers have a professional obligation to abide by industry, state, and federal regulations, they are held to a higher level of responsibility than other motorists. You need an advocate who can identify when these regulations have been violated. Depend on Chanfrau & Chanfrau to prove the cause of your accident.
What can you do to hold someone responsible for injuries?
Understand Your Options
Insurance Claim
After a collision, insurance companies are in danger of losing massive amounts of money, and will take great measures to protect their interests. It is of vital importance that you contact an attorney before speaking with insurance companies. The team at Chanfrau & Chanfrau will fight for your right to compensation for medical expenses, lost wages, pain and suffering, and more.
Lawsuit
If you are offered an unfair settlement or are unable to reach a resolution through negotiations, a lawsuit may become necessary. Your lawyer can fight on your behalf to convince a jury to award you just compensation. Trucking companies tend to be large and powerful organizations with aggressive legal counsel on their side. At Chanfrau & Chanfrau, we are large enough to help, yet small enough to care.
Florida Is a No-Fault State How Does That Affect Your Case?
Florida's status as a "no-fault" insurance state can limit the amount of compensation you receive because the other driver's insurance is only required to cover 80 percent of medical bills and 60 percent of lost wages. However, if you have suffered a permanent injury, this law does not apply to your case, and you have grounds to file a lawsuit in pursuit of greater compensation.
Let Us Evaluate Your Case
These matters are time-sensitive. Speak to one of our attorneys about your case by calling:
(386) 258-7313
You Should Begin the Process as Soon as Possible
According to Florida personal injury law, you only have four years to file your lawsuit. It is important that you hire an attorney as soon as you can in order to begin pursuing compensation. At Chanfrau & Chanfrau, we will aggressively fight on your behalf to reach a swift resolution. We firmly believe that the earlier the process is started, the more likely you are to achieve the best possible outcome.
What can an attorney do for you?
We Can Help You Every Step of the Way
If you attempt to navigate this complicated and trying process alone, you stand a good chance of forfeiting the financial compensation you are legally entitled to. We urge you to take action and consult an attorney if you or a loved one was injured or killed in a truck accident. A truck accident attorney can help you by:
- Ensuring all documentation is completed promptly and correctly
- Advocating on your behalf in and out of court
- Creating a compelling case
- Arranging expert testimony
- Negotiating with the insurance company
- Advising you on complicated legal matters
- Making certain that you understand your rights
Use our legal expertise to your advantage so you can focus on healing.
Almost two million semi-trucks, 18-wheelers, and tractor trailers travel our country's freeways and highways, according to the National Highway Traffic Safety Administration (NHTSA). The commercial trucking industry is strictly regulated by state and federal laws, but negligence and carelessness occur all too frequently. Most trucking accidents involve human error. Chanfrau & Chanfrau's truck accident attorneys know how to best help victims of these types of tragic accidents. If you have been involved in an accident with a big rig, bus, or firetruck, contact us for a free consultation. You can also learn more about various types of trucking accidents during an appointment at our Daytona Beach-area firm. We represent victims on a contingency basis, so you pay nothing until a settlement or verdict award is received.
Types of Truck Accidents
Accidents between these multi-ton commercial trucks and smaller vehicles are common, and among the most deadly for the occupants of cars and pick-ups. In 2012 alone, 214 fatalities involving a commercial truck occurred in the state, with 185 deaths attributed to victims in the smaller vehicle. Common types of truck accidents that can impact motorists and cause injury or wrongful death include:
- Rollovers - One of the most common mishaps, a truck can tip over onto its side or roof. Factors such as excess speed, steep inclines and declines, top heavy overloads, or a jackknife contribute to these accidents.
- Jackknife - When a tractor-trailer's brakes lock up, the trailer can skid, swinging out to a 90-degree angle from the cab.
- Rear-end and Under-ride Collisions - A truck needs more time than a car to come to a complete stop, and excess speed can result in an accident. Sometimes it is the car that rear-ends the truck or slides underneath the rear trailer in an under-ride collision.
- Head-on and Side Impact - Most accidents involving big rigs and cars occur on undivided two-lane highways. When a driver uses excessive speed or carelessly changes lanes, head-on collisions or sideswipe accidents can result.
Common Causes of Accidents
Trucking accidents are often the result of:
Inadequate Training
Driving a commercial truck involves a great deal of responsibility, as their weight and size pose significant risks to other motorists. If a truck driver does not receive proper training to safely operate a commercial truck, it can result in a vehicle collision that could have been prevented.
Improper Vehicle Maintenance
It is imperative that a commercial truck undergoes proper maintenance. If an overly worn tire blows out, for example, it can pose a significant risk to other motorists. Additionally, brakes that are not replaced on schedule can result in longer stopping distances or a runaway truck, where the truck is unable to stop. Since trucks already require significant room to slow and maneuver, improper vehicle maintenance can be deadly.
Fatigue or Sleep Deprivation
Many long-haul truckers will attempt to drive great distances in the shortest time possible in order to deliver their cargo early. This poses a significant danger to other drivers, which is why there are state and federal regulations outlining how many hours a truck driver can drive in a day. Still, some drivers try to bypass these rules and drive while sleep-deprived and fatigued.
Improperly or Overloaded Cargo
If a truck or trailer is overloaded or improperly loaded, it can increase stopping distance significantly, exceed the design tolerances of the vehicle, and result in an unsafe center of gravity, among other concerns. Crashes resulting from overloading or improperly loading a truck include roll-overs, rear-end collisions, or loss of control due to excessive speed.
Driving under the Influence
Drivers of commercial trucks are strictly forbidden from consuming alcohol or drugs while operating their vehicle. No amount of physical or mental impairment is acceptable for the driver of a five-ton truck, however, the frightening truth is that some truck drivers do abuse alcohol and drugs. Given the massive size and weight of large vehicles on the road, truck accidents involving DUI can be particularly dangerous.
Negligence or Inattentiveness
Despite their significant responsibility, many truck drivers fail to demonstrate due diligence that is required of the job, which can lead to catastrophic injuries and death. Trucks cannot maneuver, accelerate, or slow down like a car, so a lapse in concentration for only a moment can cause a major accident.
Establishing Liability
To file a personal injury claim, we must first conduct an investigation of the accident. By talking with witnesses and taking statements, consulting with forensics and reconstruction accident experts, reviewing the police report, and using our professional expertise learned over decades in the field, we can accurately ascertain the circumstances surrounding the accident. Through our investigation, we can definitively determine the cause, establish negligence, and outline the liable parties. On these grounds, we can file a civil suit in court.
Recovering Damages Following an Accident
If you or a loved one was injured in a truck accident because of the driver's negligence, you are entitled to damages. Damages are monies awarded to victims for financial, physical, and emotional loss. In truck accident cases, compensation is typically awarded for the following:
Pain and Suffering
The trauma of being involved in a truck accident can cause a tremendous amount of pain and suffering, both physical and emotional. Though it is impossible to prescribe a number to such a burden, our team will ensure your family receives just and fair financial compensation from the negligent parties.
Medical Expenses
It goes without saying that one of our top priorities is ensuring you are compensated for medical costs related to your injuries. This includes compensation not only for expenses stemming from any immediate post-accident treatment you may have received but future related treatment as well. Such treatments may include check-ups and ongoing care.
Rehabilitation
In some cases, victims of truck accidents are injured so badly that they require rehabilitative care. This may include physical and emotional rehabilitation. This type of care can cost a tremendous amount of money, particularly if the rehabilitation takes months or years.
Loss of Wages
The extent of your injuries, or those of a loved one, will proportionally impact your family's wage loss. In truck accident cases, injured victims tend to be out of work for a period of at least several weeks, due to the severity of the forces involved. In severe cases, a truck accident can leave a person permanently unable to maintain employment. In these cases, we will seek damages that are sufficient to compensate for a lifetime of lost wages.
Wrongful Death
If your loved one was killed as a result of a truck driver's negligence, let us help your family file a wrongful death claim. We are committed to aiding survivors of those killed in truck accidents. Our team can help your family recover damages for loss of income, pain and suffering, loss of companionship, and emotional distress.
Schedule a Consultation
Our truck accident attorneys have decades of experience handling all types of personal injury claims. Our lawyers are familiar with Florida no-fault insurance laws and are skilled litigators in all types of auto accident cases. We will aggressively pursue compensation on your behalf. Contact us today for a free consultation and case review.