Car accidents are a common occurrence on the roads of Florida, and they can have serious consequences for those involved. If you have been in a car accident in Florida

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Will There Will Be A Car Accident Investigation?

The at-fault party’s insurance company will immediately launch an auto accident investigation to reduce their payout.

This investigation includes taking statements from the parties and witnesses and collecting physical evidence, such as photographs and even the damaged vehicles.

While the insurance company attempts to avoid liability, most auto accident victims are left to deal with the personal and financial effects of the trauma. This reality is why it’s important to have a specialist on your side. We won’t let the insurance company take advantage of you.

Should I Seek Medical Attention After An Accident?

Most people avoid doctor appointments after a vehicle accident. However, after a severe auto crash, it is important to follow medical advice to give yourself the best and fastest chance to heal.

Seek medical care immediately after an injury and avoid missing appointments with your healthcare professionals.

Should I Tell My Doctor About Prior Injuries?

Your auto accident case value is determined by evidence from several places, especially your doctors. Most people who require treatment will get better; however, some catastrophic injuries require lifelong care.

After an accident, document what future needs may be necessary. It is also important to tell your doctors about past issues.

The doctors need to give opinions about new injuries and prior injuries that were possibly exacerbated. Failure to provide your doctors with accurate information may damage your credibility and undermine your doctor’s findings.

What Is A Permanent Injury In Florida?

After Lakeland, FL, car accident, you must demonstrate that your injury is permanent to receive compensation for pain and suffering, disability or physical impairment, deformity, mental anguish, inconvenience, or loss of capacity for enjoyment of life.

To be considered a permanent injury, it must include:

A significant and permanent loss of an important bodily function.

Permanent and significant scarring or disfigurement.

An injury that the evidence shows is permanent to a reasonable degree of probability.

What Is "Maximum Medical Improvement?"

Maximum medical improvement is when an injured patient’s condition cannot be further improved or when a healing plateau is reached.

It can mean the patient has fully recovered from their injury, or their condition has stabilized, and no substantial change can be expected. Maximum medical improvement does not mean the patient will not receive future care.

What Is "Palliative Care?"

Sometimes, future care is designed to help with functionality or pain levels and will not cure the condition. This kind of treatment following a car wreck is called “palliative care.” Palliative care is a multidisciplinary approach to specialized health care for people with severe conditions.

It focuses on providing patients with relief from the symptom or pain. Such therapy aims to improve the patient’s quality of life.

How Can A Lawyer Help Me After An Accident?

After getting the care you need, obtaining good advice and counsel is important for your future. Hiring the right personal injury attorneys can make a difference in your case. If you need legal assistance, contact one of our car accident specialists.

If you hire a lawyer on contingency, you will likely pay the same percentage fee whether your lawyer is a first-year lawyer with little or no experience or a board-certified specialist by the Florida Bar.

The truck driver, his or her employer, the cargo loading company, the truck repair facility, and even the municipality responsible for road maintenance are among the people and entities who can be held liable for a truck accident. In many cases, several of these parties could bear financial liability at the same time.

State and federal trucking laws can be complex, and their implications on your truck accident case can be complicated. A truck accident lawyer can help. They can answer your questions, investigate your case in detail, determine liability, and take on one or multiple insurance companies for financial recovery.

Who Can Be Held Liable for a Truck Accident?

Depending on the situation, many different parties could be considered liable for a truck accident:

When the Driver Is Liable for a Truck Accident

Truck drivers operate massive pieces of heavy machinery and must drive them as safely as possible while sharing the road with similar-sized and significantly smaller vehicles. They can be held liable for the collision if they are:

Intentionally negligent
Guilty of distracted driving
Guilty of drowsy driving
Performing dangerous maneuvers
Aggressively driving
Breaking traffic laws
Under the influence of drugs or alcohol
The truck’s owner in addition to being its operator

The driver is typically responsible for inspecting the truck before putting it on the road. If they failed to do so, they could be held accountable.

When the Trucking Company Can Be Liable for a Truck Accident

In some cases, the actions of the truck driver who causes a collision are covered by their company and their company’s insurance provider. If this is true in your case, your truck accident attorney can request compensation accordingly.

The trucking company could also be held accountable if the driver isn’t given proper training or if the accident occurs while they are acting within the scope of their assigned duties.

When Liability Could Fall to the Maker of the Truck or Its Parts

The truck’s manufacturer is obligated to put safe trucks on the road. If a design or manufacturing flaw is the reason for the accident, the company can be liable. Similarly, the company that manufactured the truck’s individual parts and components could bear liability. For example, the manufacturer could be responsible when faulty windshield wipers, faulty brakes, or other mechanical issues cause an accident.

When the Cargo Loader Could Bear Liability for a Truck Accident

Federal Motor Carrier Safety Administration (FMCSA) regulations govern how trucks are loaded. The cargo loading facility could be liable for your accident if:

FMCSA cargo securement rules are disregarded
Cargo is imbalanced, improperly loaded, or improperly secured

Inspection records and accident reconstruction reports could help your legal team understand whether the truck’s cargo caused or contributed to the accident.

Additional Parties Who Could Bear Liability for a Truck Accident

Every truck on the road should be in the best possible condition. If the facility responsible for the truck’s routine repair and maintenance didn’t do its job properly, it could also be liable for the accident.

Other potentially liable parties could include a government or municipal agency if flawed or faulty roads (including broken pavement) contributed to the crash. The manufacturer of the truck’s navigational device or GPS could also be liable if erroneous directions played a role in the accident.

How Are Negligence and Financial Liability Proven After a Truck Accident?

A comprehensive investigation into your accident can determine the responsible party by gathering and analyzing evidence. This could include:

The truck driver’s driving record
The truck driver’s logbook and hours-of-service report
The truck’s repair and maintenance charts
The cargo loading records
Federal trucking regulations
Lay and expert witness statements
Trucking industry expert testimonials
Accident reconstruction reports

Some of this evidence could be difficult for you to obtain on your own. A lawyer can gather all the evidence and use it to build your case file.

What Kinds of Damages are Recoverable in a Truck Accident?

After a truck accident, you can seek compensation from the responsible party for each of the losses you incur due to the collision, including:

All accident-related medical care from the date of the accident until you reach maximum medical improvement
Any income you lost if you had to take time off work to recover
Pain and suffering
Mental and emotional distress
Lasting physical impairment and disfiguring injuries

If a loved one was fatally injured in a truck accident, a lawyer can pursue compensation for wrongful death damages on behalf of your family, including funeral and burial costs, loss of companionship, loss of financial and household support, and more. A lawyer can help determine exactly which damages apply to you and your family.

Pursue the At-Fault Party for Truck Accident Compensation Without Delay

State laws will define how much time you have to file your lawsuit. This is called a statute of limitations. Though your case is more likely to end in a settlement agreement than go to court, your potential lawsuit must be filed on time. If you miss the deadline:

You could lose the right to file your lawsuit at all
It will be dismissed without even being considered
The insurance company will cease negotiations

If any of these outcomes occur, you will be left with no legal avenue to pursue compensation from the at-fault party. Your lawyer can explain the statute of limitations in your state and any exceptions to it that may apply to your case.

Ask Dave About Your Truck Accident Case

If you or someone you love was injured in a recent truck accident, our personal injury law firm can pursue compensation on your behalf. We can review the details of your accident and identify all parties who can be held liable for your truck accident. Let us build your case and handle all the legal work while you focus on recovering from your injuries.

Get started now by contacting our team at Dismuke Law today.

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We Care About Your Recovery

Seriously injured? Have no coverage? We want to talk to you and we can help. We have two convenient office locations in Lakeland and Tampa and can even come to you if you are unable to travel due to your injuries. When you’ve been hurt in Florida, 1-800-ASK-DAVE is the only number you have to remember.

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