The value of your trucking accident depends on your attorney’s ability to prove that the truck driver or the company they worked for were negligent and that this negligence resulted in the accident where you were injured.
To prove this, you need a lawyer with experience and expertise in the laws related to truck accident cases. Particularly, the lawyer needs to know the law and all regulations that apply to the trucking industry. They should use this knowledge at every step of the process to help maximize the value of your case.
All truck drivers and the companies they work for must abide by the Federal Motor Carrier Safety Regulations. Other statutory laws must be followed, as well.
If you are involved in a truck accident in Florida, the best thing you can do is reach out to our professional and experienced legal team at Terrell Hogan. We can investigate your claim and help you get the compensation you deserve for your injuries and damages.
It is also important to know about Florida’s laws and regulations related to truck accidents. This information will help you understand your rights and how to recover compensation for the injuries and damages that you suffered. Keep reading to learn more about Florida truck accident laws and how to prove your case.
How to Maximize Your Settlement After a Truck Accident
If you want to maximize the value of your truck accident case, you must prove the driver and trucking company were negligent and that the negligence resulted in or contributed to (in a substantial way) the accident. Any trucking accident that involves a serious injury will likely require litigation.
This means that if you have a lawyer who suggests that you settle the case before you file a lawsuit, it’s best to ask for a second opinion. Usually, settling a case before filing a lawsuit is smart; however, most insurance providers for trucking companies won’t take you or your case seriously until you prove that you are willing to go to court.
When you file a lawsuit, it initiates the discovery process. This is when both sides will work to gather evidence about the case and situation.
Understanding the Lawsuit Process for a Truck Accident
Discovery is when your attorney works to gather evidence that proves the truck driver acted negligently and that the trucking company was also negligent. Usually, this negligence is proven in terms of improper training for the driver.
It’s an important part of the process because most juries will return a larger settlement verdict against a trucking company they believe was careless and that it was this carelessness that resulted in your injury or the death of someone in your family.
Negligence occurs if someone does not use reasonable care for the circumstances or situation. Negligence can be proven if your attorney shows the trucking company or truck driver did not follow the Federal Motor Carrier Safety Regulations. These rules state that all trucking companies have the responsibility and duty to teach and train any drivers. It also states that drivers must learn the regulations and abide by them.
The regulations pertaining to truck drivers and trucking companies cover 20 different subjects, including defensive driving, hazard perception and avoidance, nighttime driving, speed management, space management, and others.
The Most Common Causes of Florida Truck Accidents
Some truck accidents result from the driver’s inability to manage space on the road and while driving properly. Part of space management is ensuring the truck has plenty of space to evade or avoid a possible crash.
It’s important for truck drivers to stay aware of the fact that they drive large, heavy machines that can destroy virtually everything in their path. Because of this, truckers need to continue monitoring their surroundings and remain aware of possible dangers. If a vehicle has its flashing hazard lights on and is on the side of the road, any prudent and reasonable trick driver will move to the other lane (if possible) to ensure there’s plenty of space between the large truck and possible hazards.
It’s also necessary for truck drivers to remain aware of how much distance is between them and the vehicle they are behind. For example, a 52,000 truck requires a minimum of 560 feet to stop when traveling at 70 miles per hour. Truck drivers need to know this information and choose their speed and lanes based on this.
It’s also required that the trucking company properly train the drivers about space management. If they do not do this, it can cause serious injuries and even fatalities that would have otherwise been avoided if proper training was provided.
Another common cause of truck accidents relates to improper speed management. Like the concept of space management, speed management requires a driver to know the amount of space and time it will take their truck to stop completely or change lanes to avoid being involved in an accident.
A common type of trucking accident is a rear-end collision. Usually, these occur because the driver did not practice proper speed management. Also, the truck driver’s failure is usually directly related to the trucking company’s failure to train the driver properly and to have some type of system in place to reinforce the training that has been given.
Understanding the Importance of Defensive Driving for Truck Drivers
Trucking companies must ensure their drivers understand defensive driving techniques. In the industry, the standard for this is referred to as the Smith System training. This includes these elements:
- Look 12 to 15 seconds ahead of you
- Look at the “big picture” by checking your rearview mirrors and scanning your surroundings
- Don’t fix your eyes on one object for over two seconds
- Leave enough space to respond to any potential hazards on the road
- Be sure other drivers see you
The truth is that most trucking accidents can be avoided. This is the case if the drivers follow the five principles above.
A quality and experienced truck accident attorney would focus on these principles and show that the driver could have prevented the accident if the driver had followed them. An element of maximizing the value of the case is to show what would have occurred if the trucking company properly trained the driver.
Hire an Experienced Florida Trucking Accident Attorney for Your Case
There is no question that the situation can be complex when it comes to truck accident cases. Because of this, you must hire an experienced attorney. Our team has years of experience litigating a wide array of truck accident cases and can help you recover the compensation you deserve for your injuries and damages. You can count on us to fight aggressively, no matter if that means negotiating a settlement or going to court to help you get the compensation deserved.
We will hold the responsible party liable and ensure that you are fairly compensated. The first step is to get in touch with our legal team to schedule an appointment and let us start investigating your case. We are here to fight for you and help make you whole after a serious truck accident in Florida.