Seek Compensation With an Orlando Truck Accident Lawyer
You don’t have to deal with the aftermath of a truck accident alone. Call The Law Offices of Marc L. Shapiro, P.A. today for help from experienced attorneys.
Here in Orlando, FL, car accidents happen every day. Accidents between two cars can be devastating, but the sheer size and weight of commercial trucks mean these accidents often cause even more severe injuries. If you or someone you love has been in a truck accident, contact a truck accident lawyer in Orlando, FL, immediately.
Truck accidents require much recovery time for your physical and mental injuries. Taking on a legal case may seem overwhelming in addition to everything else, but our team at The Law Offices of Marc L. Shapiro, P.A., is here to help. We have proudly served our community in Orlando, FL, for 30 years. We can advise you of your legal options, help you file insurance claims, and even pursue a lawsuit to seek compensation for your medical bills and losses.
Don’t just take our word for it. Learn how we’ve helped our community through our client reviews.
Keeping Orlando Roads Safe: Truck Regulations in Orlando, FL
Fully loaded semi-trucks can weigh up to 80,000 pounds. With this size advantage, trucks cause serious damage to others on the road, including motorcyclists. This is why truck drivers in Florida must follow strict truck regulations. When drivers, trucking companies, or manufacturers don’t follow these regulations, they may be liable for accidents that occur, affecting all road users, including motorcyclists. Consulting with a motorcycle accident attorney in Florida can be crucial in such cases, especially when the accident involves a violation of these regulations.
It’s important to familiarize yourself with the truck regulations in Orlando, FL. If you prove the liable party broke regulations, you have a strong truck accident case.
Lane Restrictions
Due to trucks’ size, they have very large blind spots. This makes it dangerous for them to travel between lanes on the highway. When they need to merge, they must clearly signal this to other drivers and ensure their path is clear before moving.
Florida prohibits commercial trucks from traveling in the left lane or inside travel lanes on restricted roads. If a truck driver ignores this rule, and their maneuver causes your accident, you can seek compensation.
Size Restrictions
Florida also sets restrictions for truck weights, lengths, and widths. The larger a truck is, the harder it is to safely drive it.
According to Florida Highway Safety and Motor Vehicles, unless a truck has a specific permit, its height cannot exceed 13 feet 6 inches. Similarly, its width limit is 102 inches, and a single-unit truck cannot be more than 40 feet. Tractor trucks cannot exceed 48 feet with a kingpin distance of over 41 inches.
Hours of Service
Truck drivers spend long hours on the road. Many employers provide incentives that encourage drivers to limit their rest times, which leads to drowsiness. When drivers aren’t alert, accidents happen.
Florida tries to avoid this issue by issuing hours of service (HOS) laws for truck drivers operating in intrastate commerce.
Why Truck Accidents Happen in Orlando, FL: Common Causes
If Florida has all of these regulations in place, why do truck accidents happen? When you pursue a truck accident case in Orlando, you have to determine its cause before anything else.
Mechanical Errors
Sometimes, truck accidents are out of the truck drivers’ hands. If they lose control of the truck due to a mechanical failure, they cannot keep themselves or other drivers safe. Mechanical failures may result from a lack of proper maintenance or manufacturer errors.
Common errors that cause truck accidents include issues with:
- Tires: If tires are over or under-inflated, they can blow out.
- Axles: If axles fail under the weight of a truck’s cargo, it can end in devastating accidents.
- Brakes: Trucks require high-quality brakes at all times, as it already takes longer for them to stop than other vehicles.
- Hitch assembly: If a tractor-trailer’s hitch assembly fails, the driver can lose control of the trailer, which results in a jackknife accident.
If the truck that caused your accident in Orlando had any mechanical issues, we can pursue compensation from the truck company or manufacturer through a lawsuit.
Driver Negligence
Truck drivers must be alert and aware at all times when they are behind the wheel.
Distracted driving is a widespread issue across all drivers, but it is particularly devastating in instances of truck drivers. Accidents happen in the blink of an eye. Checking a text or otherwise distracting themselves from the road is irresponsible.
Similarly, driving under the influence or while drowsy is negligent behavior.
Weather Conditions
Even in the Sunshine State, we get bad weather from time to time. Tropical storms and other dangerous weather conditions present hazards for everyone on the road. A truck driver may lose control of their vehicle in high winds or heavy rain.
Road Conditions
Florida’s government and transportation officials are responsible for maintaining safe roads. However, sometimes they fail to keep road conditions up to standard. Uneven roads, flooding, poorly balanced traffic signals, and debris in the road can all cause truck accidents.
Common Injuries from Truck Accidents in Orlando, FL
The injuries you could sustain from truck accidents are often very serious. Due to the size difference between trucks and the average passenger vehicle, the car and its driver usually absorb the devastating impact.
Broken arms, legs, collarbones, and ribs are common injuries from the force of the accident’s impact. You might also suffer neck, back, and head injuries. Whiplash, for example, damages the nerves in your neck and prevents you from moving it normally.
Back and head injuries can be life-altering. A spinal cord injury can result in temporary or permanent paralysis, while a serious head injury may cause a loss of senses. In severe cases, truck accidents may end in death.
Understanding the extent of your injuries before pursuing legal action is vital to this process. These injuries can cause life-long disabilities or chronic pain. However, you may not know this immediately after your accident.
You cannot properly determine the worth of your case until you visit a doctor to learn the damage the accident caused. A truck accident lawyer in Orlando, FL, can help you evaluate your injuries using medical records.
Steps To Take After Your Truck Accident in Orlando
After a truck accident, it’s hard to know what to do next. By remaining calm and following these steps, you can build a strong truck accident case.
Assess Yourself and the Truck Driver for Injuries
Safety is the first priority. Assess yourself and any other parties for injuries, and call 911. Move away from the main road to avoid further collisions and injuries.
Exchange Information
When you are both able, exchange information with the truck driver. You’ll want to collect their:
- Name
- Phone number
- Truck company they work for
- Insurance information
Collect Evidence
If you are physically able, take photos and videos of the accident scene. Note the exact date, time, and location, as well as any road conditions that lead to the accident. You might also be able to ask for the contact information of witnesses. Gathering this evidence is one of the many reasons to hire a truck accident attorney, as they can use it to build a strong case on your behalf. If you are injured and can’t carry out these tasks, ask someone you trust to do it for you, and inform your attorney about the situation.
Medical Attention
Seek medical attention as soon as possible after your accident. Truck accidents can cause serious injuries, so time is of the essence. When you receive medical attention, make sure you have access to the records from your visit. This will work as evidence of your suffering and physical injuries later.
Contacting Authorities
Florida requires you to call the police after any accident that results in injury or suspicions of illegal activity. Having a police report of the accident will also come in handy for your case, as it acts as an objective point of view of the accident.
Contact a Truck Accident Lawyer in Orlando, FL
You don’t have to deal with the aftermath of a truck accident alone. Contact a truck accident lawyer in Orlando, FL, for assistance. Our legal team at The Law Offices of Marc L. Shapiro, P.A., will help you assess the value of your claim and pursue it.
Understanding Truck Company Insurance
When you are in a truck accident, the truck company’s insurance company will likely reach out to you with a settlement offer soon after the incident. Florida has minimum liability insurance coverage requirements for commercial trucks.
In Orlando, FL, trucks must carry $50,000 minimum coverage for bodily injury or death per person, $100,000 minimum coverage for bodily injury or death per accident.
These minimums may change, so a truck accident lawyer can help you assess the fairness of your offer. Remember that when insurance adjusters call, their goal is to settle the case for the least amount of money. With a lawyer on your side, you know you have someone with your interests in mind.
Filing a Truck Accident Lawsuit in Orlando, FL
If the truck’s insurance company calls with a less-than-desirable offer, you have other options. One avenue is to pursue more compensation through a personal injury lawsuit with the help of our team at The Law Offices of Marc L. Shapiro, P.A.
This is where understanding the cause of your accident and the extent of your injuries comes into play. You can sue a trucking company for improper maintenance, inadequate training, or trucking regulation violations.
The Timeline
You have a limited window to file a personal injury claim for your truck accident. In Florida, the statute of limitations for auto accident cases is four years. This means you only have four years from the date of your accident to file your claim. This may seem like a long time, but don’t wait too long. This is a complex process, and it’s better to get a headstart.
Determining Liability
Liability refers to who is responsible for your accident. Several parties can be liable in a truck accident. In car accidents, liability typically falls on one or both drivers involved. In truck accidents, it isn’t so simple.
Liable parties may include:
- The truck driver
- The truck company
- The truck manufacturer
- The cargo loading company
- The truck’s maintenance company
- Other drivers on the road
If you think you may be partially responsible, you can still pursue compensation. Florida is a comparative negligence state. This means that, while the court may reduce your damages if you are partially at fault, you can still recover damages for the portion of the accident for which the other party was liable.
Proving Negligence
Once you know who is liable, you need to prove their negligence. Negligence involves four components:
- The person responsible owed you a duty of care
- They breached that duty
- The breach caused the accident
- You suffered due to the accident
For example, a truck driver has a duty of care to you and any other drivers on the road. If they break a traffic law, that is a breach of that duty. Then, you must prove that the broken law directly caused your accident. Finally, you can use medical records, police reports, and witnesses to prove you sustained injuries from the accident.
Damages You Can Recover Through a Truck Accident Claim in Orlando, FL
At The Law Offices of Marc L. Shapiro, P.A., we can help you pursue damages. Damages refer to the compensation you collect for your injuries and other losses from the accident.
While no amount of compensation can make a life-long injury or the death of a family member right, it can provide financial relief.
We can help you pursue three types of compensation in truck accident claims: economic damages, non-economic damages, and punitive damages.
Economic Damages
Economic damages are tangible. They are monetary losses that you can calculate using receipts and bills. These may include:
- Medical expenses
- Ongoing treatment
- Lost wages
- Cost of childcare or other services you could otherwise do yourself
Non-Economic Damages
Non-economic damages, on the other hand, account for all intangible losses. When you’re in a truck accident, more than just your bank account suffers. You can seek compensation for your pain and suffering, mental anguish, and loss of quality of life through non-economic damages.
Punitive Damages
Courts usually only award punitive damages in cases of severe negligence or intentionality. For example, if a truck driver was drinking and driving, you might pursue punitive damages. Punitive damages punish the liable party for their negligence or recklessness and mean higher compensation for you.
Wrongful Death Damages
If you lost a loved one to a truck accident, you can pursue wrongful death damages. Wrongful death describes a situation in which the victim wouldn’t have died if it hadn’t been for the liable party’s actions or negligence.
You can collect the following in wrongful death damages:
- Funeral or burial costs
- Medical bills
- Cremation costs
- Loss of inheritance or income
- Loss of services your loved one once did
- Loss of quality of life
- Grief and suffering
How Our Attorneys at The Law Offices of Marc L. Shapiro, P.A. Can Help
Our team at The Law Offices of Marc L. Shapiro, P.A., has seen it all in our 30 years of experience representing victims of truck accidents in Orlando. We are ready to take on your case using our decades of experience in this area. Taking on a personal injury case alone may hurt your chances of collecting sufficient compensation. Let our team help you navigate through this process.
Negotiate With Insurance Companies
Before filing a personal injury claim, we can help you negotiate with the truck’s insurance company. If they begin with a low-ball offer, do not accept right away. Insurance adjusters will take advantage of your inexperience. When we step in, we can try negotiating a higher settlement before needing to make a personal injury claim.
Investigate and Determine Fault
Our team will help you access the necessary medical records, witness statements, and police reports for your case’s evidence. Trucks often have logbooks and monitoring systems that we can use to prove violations of trucking regulations.
Provide Legal Advice
We explain your options and rights throughout the claims process. Focus on your own recovery while we work through the weeds of your case. This involves gathering the necessary documents, handling claims, and contacting involved parties.
Represent You in Court
We will represent your case if it goes to trial. We are with you every step of the way. Having an Orlando truck accident lawyer on your side can drastically improve your chances of collecting compensation. You don’t have to fight this battle alone.
Our team at The Law Offices of Marc L. Shapiro, P.A., is dedicated to helping the people of Orlando, FL, who suffered from truck accidents. To learn more about our team, check our attorney profiles.
Turn To Orland’s Experience Truck Accident Attorneys | The Law Offices of Marc L. Shapiro, P.A.
Truck accidents are tragedies, but you don’t have to deal with the aftermath alone. You can seek compensation for your losses with the help of a truck accident lawyer in Orlando, FL.
Contact us at The Law Offices of Marc L. Shapiro, P.A. at 239-500-5000 today to begin with a free consultation.