When a truck accident occurs, the consequences can be catastrophic. The size and weight of these massive vehicles often result in severe injuries and fatalities. If you or a loved one has been affected by a truck accident, you need a Bradenton truck accident attorney on your side who can fight for your right to financial recovery.
Shapiro | Delgado | Hofmann is dedicated to helping truck accident victims secure the compensation they need to recover from these serious collisions. With decades of combined experience, our Bradenton truck accident attorneys have the knowledge and skills to navigate complex legal issues and hold negligent truck drivers and companies accountable.
Long-time Bradenton residents know that Florida’s no-fault insurance laws require accident victims to file claims against their own insurance companies regardless of fault. However, Florida only requires drivers to carry $10,000 in personal injury protection coverage and $5,000 in death benefits. The amount allocated for personal injuries hasn’t changed in decades despite steep rises in medical costs. Fortunately, the state’s accident laws allow victims to file claims against at-fault parties if their damages far exceed $10,000 or are catastrophic in nature, such as those causing disability, disfigurement, or significant impairment.
Because truck accidents cause such devastating injuries, it’s common for victims to file claims against the liable party after informing their own insurance company about the accident.
There were 5,276 truck accidents in Florida during 2022, making Florida the state with the third-largest number of truck accidents in the country. Trucks have extended blind spots, large, unwieldy shapes, make wide turns, and require lengthy stopping times. Common types of truck accidents in Florida include:
All of these truck accidents can have devastating impacts on smaller, private vehicles involved in the accident, often with life-altering consequences to injury victims.
Injuries in truck accidents are far more common to drivers and passengers in private vehicles compared to truck drivers in large, heavy commercial trucks. Because of their bulky size and heavy weights, trucks cause accident victims to suffer serious or grave injuries including:
In some cases, truck accidents cause fatal injuries resulting in wrongful death claims to recover compensation for close family members who face economic impacts as well as grief and anguish.
Driver error is the most common cause of truck accidents. Serious truck accidents in Florida are often caused by one or more of the following negligent actions:
A truck driver is behind the wheel of a large, fast-moving force. Failing to take the measures to prevent injuries that a reasonable driver would under the same circumstances leaves a driver or the company they work for liable for damages.
Trucking companies have to follow numerous rules and regulations to ensure that their vehicles are safe and that their drivers have proper training. Additionally, truck drivers must follow the rules of the road and obey restrictions on the number of hours they can drive at a time. When these parties fail to uphold these obligations, serious collisions can occur. According to MCMIS, 45,900 large trucks were involved in injury crashes in 2020.
If you were injured in a truck accident, you may be entitled to financial compensation. The driver, as well as his or her employer and any maintenance companies or manufacturers, may be held liable for your injuries. Additionally, if multiple drivers share fault, they may all share in the liability.
By filing a truck accident claim, you could recover compensation to help pay for the following:
In some cases, special compensation applies for damages like disfigurement or traumatic limb loss. Though financial compensation cannot erase non-economic damages like pain and suffering or emotional trauma, it can help relieve financial burdens and open doors to the best medical care and counseling.
An injury victim can only make a successful claim for damages after a truck accident when they first determine the party at fault for the accident. Driver error is by far the most common cause of truck accidents in Florida and elsewhere, but the driver isn’t always the liable party. Unless the driver is an independent contractor, the trucking company itself may be liable for any damages caused by their employee. Potential liable parties in truck accidents include the following:
Because law enforcement agencies save resources for criminal investigations, their involvement in truck accident claims typically ends with a brief police report. It takes a skilled attorney to thoroughly investigate all aspects of an accident to identify the negligence that caused the accident and determine the party that’s liable for damages.
Once an attorney uncovers the party at fault in a truck accident, they must document evidence to prove liability. Evidence includes the police report, traffic camera footage, surveillance video, dash cam video, eyewitness testimony, and truck data recorders which log the driver’s hours on the road and may contain data from the accident. Proving liability in a truck accident requires demonstrating the following facts:
Once the attorney puts together a demand package with evidence of liability and careful calculations for damages, they have a compelling case to present to the appropriate insurance company to negotiate a settlement.
Around 95% of truck accident claims are settled out of court by a direct claim against the truck driver or trucking company’s insurance provider. Only in the 5% of cases in which an insurance company uses bad-faith insurance tactics to deny or lowball a claim does the case proceed to court in a lawsuit. An attorney for the injury victim (plaintiff) must file the lawsuit within the state’s statute of limitations.
Florida’s statute of limitations for car and truck accident claims has undergone a recent change, no longer allowing for the previously generous 4-year time limit. Previously, accident victims had a 4-year window to file a lawsuit seeking damages; however, this limit has been reduced to only 2 years.
Statutes of limitations, which apply to civil cases such as truck accident lawsuits, play a crucial role in preserving evidence and ensuring the reliability of eyewitness testimony by the time the case reaches a courtroom. While court proceedings generally take more time than settlement negotiations, it’s worth noting that jury awards in truck accident claims tend to surpass settlements in terms of compensation.
Trucking companies and drivers have powerful insurance companies that exist to make profits. Often, they’ll protect their bottom line above your best interests. Common insurance company tactics to be wary of after an accident include:
Insurance companies use these and other tactics to reduce the amount of compensation they offer in a settlement. It’s best to hire an attorney soon after an accident and then refer all communications with insurance company representatives to your lawyer.
The aftermath of a truck accident can be scary and overwhelming. These collisions can be incredibly severe and are often fatal. However, the steps that you take immediately after the accident could have a major impact on the outcome of your claim.
To protect your right to financial compensation, take the following steps to prepare for your future case:
Most truck accident victims aren’t familiar with the process of hiring an attorney to represent them in a claim. Most accident attorneys offer free case consultations and only take a fee after they help you win compensation in your case. Consultations may take place in the office or virtually. During this meeting, the attorney will do the following:
This is the time to ask questions about attorney fees and how the contingency plan for payment works to your benefit. The attorney may also be able to give you an indication about the time frame of your case and whether or not they think it will require a lawsuit.
Schedule your consultation with a truck accident lawyer in Bradenton as soon as you have a good idea of your economic damages and copies of the police and medical reports. Prompt action can help get things moving on your case proactively and put protection for your rights in place to guard against insurance company tactics to undervalue claims.
Our Bradenton truck accident lawyers serve all of Manatee County including:
Bradenton, South Bradenton, West Bradenton, Palmetto, Memphis, Ellenton, Palma Sola, Bradenton Beach, Holmes Beach, Anna Maria, Longboat Key, Bayshore Gardens, Whitfield, Lakewood Ranch
Truck accidents involve larger vehicles and often result in more severe injuries and damages. Additionally, there are specific federal and state regulations that apply to commercial trucks, making these cases more complex.
A skilled attorney can investigate the accident, gather evidence, communicate with insurance companies, negotiate settlements, and, if necessary, represent you in court. Their goal is to secure fair compensation for your losses.
Schedule a consultation with Shapiro | Delgado | Hofmann to discuss your case. They’ll evaluate the details, assess liability, and provide you with guidance on the strength of your case and potential outcomes.
Shapiro | Delgado | Hofmann often works on a contingency fee basis, meaning you only pay when they win your case. Discuss fees and costs during your consultation for clarity.
At Shapiro | Delgado | Hofmann, our accomplished team of Bradenton truck accident lawyers has consistently secured millions of dollars in compensation for our clients. We relentlessly pursue justice and fair compensation for those who have suffered due to truck accidents.
These achievements highlight not only our legal prowess but also our compassion for our clients’ stories. We believe that each client’s case is unique, and our commitment to their well-being is unwavering. Our Bradenton truck accident lawyers are driven by a deep sense of responsibility to make a positive impact in the lives of those we represent.
Don’t wait to act after a devastating truck accident. The Bradenton truck accident attorneys at Shapiro | Delgado | Hofmann can help you navigate the complex legal process and fight for the compensation you deserve. Contact our Bradenton office today at (941) 749-1446 or fill out our online form for a free consultation and take your first steps toward justice.
