Most Florida residents have some knowledge of what to do in case of an accident with a personal vehicle, but few know what to do after an accident with a truck. There are several reasons why you need a personal injury lawyer with experience in truck accidents when in such an accident.
Discovering Liable Parties
Under Florida law, more than one party can be liable in a truck accident – this is the major difference between truck accidents and personal vehicle accidents. Other than the truck driver, other parties that could be liable include the trucking company (truck owner), the entity that has leased the truck, the truck’s manufacturer, the trailer’s manufacturer, the company that loaded the cargo, freight forwarding companies, government entities, and the company responsible for maintaining the track, among others.
You need an experienced attorney to identify the liable parties and to use the discovery process to collect evidence that will point to the liable parties.
Handling the Complex Negotiation Process
Because of the many liable parties and the fact that trucking accidents are usually very serious (because of the size and weight of the truck), trucking claims are usually complex. Trucking companies, because of their financial muscle, can afford large insurance companies and negotiations are often attended by multiple high profile attorneys. These attorneys are under instruction to do whatever it takes to reduce or even deny the value of your claim.
Most trucking accidents in Florida are handled outside of court, which saves costs for both parties. At the Law Offices of Ken M. Frankel, our lawyers are veteran negotiators who will increase your chances of getting good compensation.
Understanding of the Trucking Industry Laws & Regulations
There are many federal and state laws & regulations governing the trucking industry and truck drivers. As an example, there are laws detailing the maximum number of hours a driver can be on the road without rest. Another example is that the FMCSA (Federal Motor Carrier Safety Administration) has regulations requiring trucks to be maintained regularly and for the trucking company to maintain maintenance records.
The trucking company is required by law to provide all relevant information, including documents and footage. Our lawyers will go through the evidence in the process of identifying violations and building a case, something that is very difficult for an untrained person.
Ensuring proper application of comparative fault law
Under Florida’s Comparative Negligence Law which follows a “pure comparative negligence rule”, the compensation you get is reduced by an amount that is equal to your percentage of fault. Our lawyers are well-versed in the application of the law to ensure that as little fault as possible is assigned to you so that you can get maximum compensation.
Guidance through the Complex Legal Process
A good lawyer will guide you through the complex legal process, starting with advising you on the merits of your case, which allows you to make an informed decision. If the claim ends up in court, you need a lawyer to guide you through the applications, motions, and trials.
Contact us today on 954.784.0800 for all your trucking accident needs.