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A KNOWLEDGEABLE, SUCCESSFUL, AND COMPASSIONATE TEAM OF PERSONAL INJURY LAWYERS IN JACKSONVILLE

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TABLE CONTENTS

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A. What makes trucking accidents unique?

B. Potential Parties to your claim

C. Proving negligence and causation in 18-wheeler cases

D. Damages and compensation you can recover in Florida

E. Common injuries in Semi-Truck cases

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When you’ve been the victim of a collision with an 18-wheeler, you find yourself in one of the scariest situations a driver can imagine. On top of being in a crash, everything is larger, faster, and oftentimes less under control. This can cause more significant injuries, greater financial damages and add layers of complexity to your case.

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A. WHAT MAKES TRUCKING ACCIDENTS UNIQUE?

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Just as trucks are different from cars, crashes involving tractor trailers are unique. Often times there are parties to the case who may not be immediately apparent, nationally applicable laws and complex security parties that will affect your case. All of this can combine to make your claim more complicated and fraught with risks.

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Unlike non-commercial drivers on the road, trucking companies have teams of investigators ready to establish a narrative that is not in your favor. Just as when dealing with insurance companies, you should not speak to these investigators as they look to use your statement to diminish the value of your claim. You should immediately inform them that you have legal representation and that any communication will be facilitated through your attorney.

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B. POTENTIAL PARTIES TO YOUR CLAIM

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When you’ve been in a wreck with an 18-wheeler, the obvious defendant is the individual who is driving the truck. Your attorney will ask a variety of questions to determine if there is anyone else who may be liable for your injuries. In many cases, these parties include the trucking company, the owner-operator’s LLC, and whomever it is that contracted the shipment.

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To find out who there is to file suit against, documents such as police crash reports, bills of lading, and contracts may be used to not only determine who was involved but also how those parties interacted with each other in the background of your crash. Using this information allows a potential comparative negligence analysis.

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C. PROVING NEGLIGENCE AND CAUSATION IN 18-WHEELER CASES

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The Federal Motor Carrier Safety Administration sets out national regulations for commercial truck drivers. These regulations touch on areas ranging from training qualifications to the weight of vehicles. These federal regulations are applied in conjunction with the road laws of the state where the wreck occurs.

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Violations of these regulations and laws may prove negligence on its own under the principle of negligence per se. Furthermore, violations such as failures to train/hire trained drivers, operating vehicles that are out of regulation, and operating the vehicle in a reckless manner may open the door for punitive damages. This will effectively put a multiplier on the amount of damages you can recover and add further analysis to your case.

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Additionally, there are Florida-specific regulations that may apply to your case as well. These include how far objects can hang off the truck, limits on the length and weight. If these are found to affect your case it can have an extreme effect on the valuation of your injuries. Violations like these may add great funds to your recovery through punitive damages which apply when there is gross or repeated negligence.  

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D. DAMAGES AND COMPENSATION YOU CAN RECOVER IN FLORIDA

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Serious injuries can and do occur in trucking accidents. You may need extensive medical care, or even long-term care after an accident. Fortunately, you may be able to recover some of those losses, including: 

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• Medical expenses, including emergency care and ongoing treatments

• Lost wages

• Reduced or loss of earning capacity

• Long term disability 

• Property damage

• Pain and suffering, including emotional injuries

• Diminished quality of life

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If you or a loved one has been badly injured due to a truck driver’s negligence and would like to discuss what possible damages you could recover, contact the Waler Law Offices, for a case evaluation.

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E. COMMON INJURIES IN SEMI TRUCK CASES

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Whether through speeding, loss of control, or loose cargo, an accident with a semi-trucks leave you with severe injuries, including: 

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• Bone fractures and lacerations, including skull fractures 

• Spinal cord injury

• Joint damage

• Traumatic brain injuries

• Back spasms

• Whiplash

• Crush injuries

• Cuts, bruises, and abrasions

• Disfigurement 

• Paralysis

• Wrongful death of a spouse or other family member

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To prove these injuries, seek medical assistance as soon as possible. Any delay could give insurance companies a chance to argue that you do not deserve compensation for your injuries.  

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If you or a loved one were injured on due to the negligence of a trucking company or driver, you may be entitled to financial damages. To learn more about what compensation might be available, contact The Walker Law Offices today to schedule your consultation.  

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