Navigating Legal steps following a Fort Lauderdale truck accident
Heavy duty truck collisions may have complicated issues for the drivers, occupants, and pedestrians. Collisions can be quite traumatic on busy interstates like Interstate 95, Interstate 595 and US Route 1 because commercial trucks have a tremendous amount of weight and momentum when compared to a standard passenger vehicle. The legalities of a commercial motor vehicle incident require knowledge of state laws, federal trucking laws and civil liability laws in general. Having a highly trained Fort Lauderdale Truck Accident Attorney represent clients can guide them in understanding their legal rights and options after a truck accident in Florida.
Commercial truck accidents are complex, filled with a lot of factors.
A collision between a delivery truck, big rig or tractor-trailer and other vehicles just do not compare to everyday passenger vehicle accidents. It is important to note that commercial trucking is a highly regulated industry, regulated both by state agencies and Federal Motor Carrier Safety Administration (FMCSA). This is for countless operational safety-related regulations like driving hours limits, car maintenance procedures, cargo integrity, and regular studies in the vehicle.
In the event of an accident, there may be many administrative records to review and liability to determine and driver statements alone can’t determine the cause of the accident. In a typical truck accident case, there may be several potentially liable parties as opposed to the liability typically being split between two driver parties. In some cases, liability would be shared with:
| The Truck Driver | For anything that involves an action, whether distraction, fatigue, over speeding or a disregard of traffic rules (may be repeated). |
| The Trucking Company (Motor Carrier) | For not properly training drivers, pushing drivers beyond the legal limits or not enforcing policies for safety. |
| Maintenance Vendors | For not properly repairing mechanical problems, brake systems or tire problems. |
| Cargo loaders | For cargo that is not properly secured or when maximum gross vehicle weight is exceeded. |
As one understands the causes of commercial vehicle accidents, then they are able to realize the type of injury claim that they will be dealing with after an accident.
Although each occurrence has its own sets of circumstances, some common elements play a major role in a car accident happening in the South Florida roads:
The driver fatigue / scheduling pressures are also important.
Drivers may feel fatigue even given the 14-hour limits imposed by federal regulations on their driving time.Deliveries often have tight deadlines, which can also cause fatigue. Drowsy driving, and slower reaction time, still are primary contributing factors to collisions on the highways.
Although the most live runs will be made outside the 600 to 700 range, the following occurrences will minimize the number of live runs:
Unsecured or Overloaded Cargo
Uncontrolled load placement or misloading may cause an improper center of gravity in the vehicle. A ride imbalance may make the semi turn into a jack-knifed, tumbled or uncontrolled rig on sharp turns.
Steps that are important to take following a commercial truck crash
Immediate responses after the accident can be of paramount importance in determining the circumstances of the crash and in helping to preserve a person’s health and rights to recovery.
Call for Medical help and the safety of all: calling Ems will ensure that everyone involved is immediately assessed. There can be a delay in onset of symptoms after injury, such as an internal injury or concussion.
Law Enforcement: Requesting a law enforcement presence enables a law enforcement trained official traffic crash report, to take statements, to document physical scene evidence.
Documenting initial State of Damage: When safe to do so, photographs of damages to vehicles, road surfaces and traffic signs, as well as tire marks, build an accurate record of the initial state of damage.
Exchange details: Take contact information, driver licence and insurance carrier details and commercial carrier USDOT number from all drivers involved.
Let Your Insurance Company Know: Make sure you let your insurance company know about the accident, as required under the terms of your insurance contract and provide them with the details of the accident.
Questions Asked Frequently
For how long do I still have to file a claim in Florida in case of a truck accident?
Under the law in Florida, there is a certain period of time within which you have to make a claim in case of an automobile accident, and this time period is called statute of limitation. Quick and professional legal action will help to meet all the statutory deadlines.
What is Florida’s “No-Fault” insurance system?
Florida Personal Injury Protection insurance requires the driver to be insured first before the expenses of surviving injuries and lost wages can be paid, irrespective of who was at fault for the accident. However, in the case of serious injuries, a person might initiate claims against the liable party for further damages, exceeding the cap of the PIP insurance.
What should be considered when determining the responsibility in a multivehicle truck accident?
Factors include evidence (physical evidence, police report, witness testimony and electronic evidence), and state laws stipulate the comparative
Conclusion
Even a crash with a commercial truck can be a harrowing event, and can have surprising physical, emotional and financial repercussions. Once a person is aware of these factors, injured people will be better equipped to know how to move forward with confidence and clarity with their sense of wellness. When faced with the most complicated of south Florida personal injury cases, having The Levin Firm come through and provide helpful, sound advice with trusted legal help.
