Can I Sue the Truck Company if I Was Hit by a Tractor-Trailer?
Commercial trucks are common on Florida highways and present a greater risk to other drivers than smaller passenger vehicles. While truck drivers undergo training to transport large loads safely over long distances, that doesn’t mean accidents never happen. If a driver is fatigued, a load isn’t secured properly, or something happens to the truck, you could suffer injuries in a truck accident.
In some accidents, the truck driver isn’t the only one at fault; the trucking company may bear some of the blame. If you’re a truck accident victim, a Florida truck accident attorney can help you figure out if you can sue the trucking company for damages.
Determining the Responsible Party
Tractor-trailer drivers have a responsibility to drive with care. They need to make sure that they’re properly rested, pay careful attention to the road, and drive with a clear head.
That said, even a responsible driver may make mistakes if the trucking company pressures them to skip rest breaks. For example, say a company forces drivers to work long hours without taking breaks. These relentless work hours can cause fatigue, which could lead to a truck crash.
Trucking companies are also responsible for:
- Checking that all equipment functions correctly
- Making sure that all loads are properly secured
- Hiring qualified drivers
Failure to do any of these could put you and others on the road at risk.
If the trucking company is partially at-fault for an accident, you can potentially pursue legal action against the company. Reach out to a Florida truck accident attorney to request a case assessment.
What To Do After a Truck Accident
Seek medical attention directly after your accident. Many injuries can go undetected immediately after the crash; a doctor’s assessment can help you catch and address those injuries to protect your health. In addition, you’ll likely need to have proof of medical treatment for your claim.
Once your immediate medical emergency is under control, you will want to hire a truck accident lawyer as soon as possible. The truck accident attorney will help you navigate the entire claim process, from dealing with the insurance companies for you, helping you gather evidence of your injuries through collection of medical records and bills, and making sure evidence is preserved such as electronic data from the vehicles involved. The attorney may even hire experts on your behalf to help with the claim.
If your injuries weren’t serious, it might be difficult to pursue a lawsuit against the trucking company. Florida’s no-fault laws mean that, unless you sustain serious permanent injuries. you are not entitled to recover anything other than your out of pocket medical expenses. Serious injuries include:
- Wounds that lead to extensive scarring
- Injuries that affect your range of motion
- Injuries that lead to permanent disability
A Florida truck accident attorney will be beneficial in assessing your case to determine the severity of your injuries and assisting with negotiations.
If suing the trucking company is a viable option, your attorney can guide you through the legal process. Your lawyer can:
- Gather evidence, such as witness testimony and medical documents
- Assist with any paperwork
- Negotiate with the opposition
- Represent you in court
Contact a Qualified Attorney From Warner & Fitzmartin for Help with Your Tractor-Trailer Accident Case
Truck crashes can be devastating. You may be dealing with medical expenses, severe injuries, and emotional trauma. Depending on the circumstances, you may be able to pursue legal action against the trucking company in addition to the truck driver.
At Warner & Fitzmartin, we have experience dealing with truck accident cases. Our lawyers can assess your case, determine your legal options, and file your personal injury claim. We understand that this is likely a difficult time, so we offer compassionate support and aggressive representation. We stand by you from beginning to end, no matter the case’s complexity.
Partner with a qualified Florida truck accident attorney from our firm. Call Warner & Fitzmartin at (561) 803-0167 or fill out our contact form to request a free case evaluation. We’re ready to assist with your truck accident case.