A semi-truck accident can lead to a lot of devastation. Due to the force of impact, you could experience severe property damage and catastrophic injuries. However, a semi-truck accident attorney in Sunrise, FL, could help you recover damages.
Winston Law Firm offers comprehensive legal services to injured victims across Florida. We understand how an accident can change your life in the blink of an eye, and our Sunrise car accident lawyers can help you rebuild your life. Call us today to schedule a free legal consultation.
Why Are Semi-Truck Accident Cases So Complicated?
The sheer size and weight of semi-trucks make them capable of causing significant damage and severe injuries. Having legal representation from experienced semi-truck accident lawyers will allow you to focus on your physical and emotional recovery.
Furthermore, a collision with a commercial vehicle usually involves third parties, such as a trucking company. These firms have vast legal resources at their disposal, so you should not face them without legal representation of your own. A lawyer will help protect your rights and represent your best interests throughout the legal proceedings.
Common Causes for Semi-Truck Accidents in Sunrise, FL
Sunrise, a lively city with a robust transportation network, sees its fair share of semi-truck accidents. The busy roadways, including major highways like I-75 and I-595, can become congested, increasing the likelihood of collisions involving trucks.
Leading causes of semi-truck accidents include:
- Driver fatigue: Long hours on the road and demanding schedules can lead to truck driver fatigue, impairing their alertness and reaction times.
- Distracted driving: Distractions such as cell phone use, texting, eating, or other activities divert the driver’s attention from the road.
- Inadequate training and supervision: Insufficient training or supervision of commercial drivers may lead to poor decision-making and unsafe driving practices.
- Poorly maintained trucks: Mechanical failures, including brake malfunctions or tire blowouts, can occur due to inadequate maintenance or faulty equipment.
- Adverse weather conditions: Sunrise’s unpredictable weather, including heavy rain or fog, can create hazardous driving conditions and contribute to accidents involving semi-trucks.
Determining the cause of the semi-truck collision can be crucial in establishing negligence. Your attorney will investigate the incident and use the available evidence to build a strong case against the liable party.
Proving Negligence in a Sunrise Semi-Truck Accident
After a recent tort reform, Florida switched from pure comparative negligence to a modified comparative negligence system. You may recover compensation after the crash as long as you are not over 50% at fault. However, the amount you recover will be diminished based on your fault percentage.
For example, if your total award is worth $100,000, but you are considered 10% at fault for the collision, you may only recover $90,000.
Possible At-Fault Parties for a Semi-Truck Crash
In a semi-truck collision, there can be multiple parties that may bear responsibility for the accident. While the commercial driver is most often at fault, other parties may sometimes be liable.
The following parties could be responsible for your semi-truck accident:
- Commercial driver: The driver’s actions, such as speeding, reckless driving, or driver fatigue, can contribute to the accident.
- Trucking company: If the company failed to train, supervise, or screen their drivers adequately, or if they encouraged violations of safety regulations, they may be liable.
- Semi-truck manufacturer: If a mechanical defect or faulty vehicle component contributed to the crash, the manufacturer may be held responsible.
- Maintenance provider: If improper maintenance or inadequate repairs were performed on the commercial vehicle, leading to a failure or malfunction, the maintenance provider could be at fault.
- Cargo loading company: If improper loading or securing of the cargo caused instability, leading to an accident, the loading company might be liable.
Identifying the responsible party is crucial for recovering damages. Winston Law Firm will investigate the circumstances of your semi-truck crash to identify the at-fault party. We will gather evidence, including police reports and any available video footage or photographs, to understand the events leading to the crash.
You Could Recover Damages
As a semi-truck accident victim, you have a right to claim compensation. Your attorney will assess the extent of your damages, including medical expenses, property damage, and ongoing care needs.
You will likely receive compensatory damages, which aim to restore you to the financial position you would have been in, had the accident not occurred. These divide into economic and non-economic damages to cover different types of losses.
Economic Damages
These are pretty straightforward, as they address your tangible losses. For example, you could recover the cost of transportation to your medical appointments or any other concrete accident-related expenses.
Economic damages include:
- Medical expenses
- The cost of future medical care
- Property damage
- Lost wages
- Lost earning potential
Non-Economic Damages
These cover intangible losses, which are more difficult to quantify due to their subjective nature. Surviving a traffic accident can have a strong emotional impact that overshadows your personal and professional relationships. However, your attorney can help you recover such intangible losses.
After a semi-truck accident, you could qualify for non-economic damages like:
- Pain and suffering
- Disfigurement
- Emotional distress
- Loss of enjoyment
Punitive Damages
In addition to compensatory damages, you may also qualify for punitive damages. However, these are awarded in rare cases when the defendant is guilty of gross negligence or intentional misconduct.
Punitive damages punish the at-fault party and deter others from committing similar acts. After reviewing your case, we can determine if you are eligible for additional damages.
Florida’s Statute of Limitations for Personal Injury Lawsuits
If you decide to file a lawsuit against the liable party, you must do so before the deadline. In Florida, you have two years to take legal action after the date of the accident.
While victims previously had four years to act, House Bill (HB) 837, signed in 2023, reduced the time limit to two years.
However, certain factors could impact the standard two-year deadline. Consult a Sunrise personal injury lawyer to ensure you file within the correct statute of limitations.
Call Our Sunrise Semi-Truck Accident Attorneys Today
If you have been involved in a semi-truck accident in Sunrise, Florida, seek legal representation as soon as possible. The experienced legal team at Winston Law Firm will help you navigate the complexities of the legal process and protect your rights.
We understand the devastating impact traffic accidents can have on your life, and we are committed to fighting for the compensation you need. Call our semi-truck accident lawyers in Sunrise, FL, to discuss your case.
