Truck Accident FAQs
How are accidents involving commercial trucks different from car accidents?
What is the federal government doing about big rigs and highway safety?
Are there any additional safety laws related to trucks and truck drivers?
What are some of the most common causes of truck accidents?
What damages can I recover in a truck accident injury case?
If I am injured, how will I pay for my medical bills? Who is responsible?
Why should I retain an attorney to handle my truck accident case?
What is the timeframe to bring an injury or death case based on a truck accident?
How are accidents involving commercial trucks different from car accidents?
The sheer size of tractor trailers puts passenger cars at a serious disadvantage. They go by many names: big rigs, 18-wheelers, tractor trailers, and the colossal double trucks. These highway behemoths can weigh over 80,000 pounds. When something that size collides with an automobile, the injuries to the occupants can be devastating. And deadly.
In addition, there are sections of the Vehicle Code applicable to trucking companies and commercial truck drivers, as well as training and licensing requirements specific for truck drivers making their defense in truck accident cases more difficult and, therefore, better for plaintiffs. Truck accidents are commonly caused by the following:
- Collisions that occur head-on, broadside, and rear-end
- Collisions due to lane change
- Center lane crossover
- Trucks that jack-knife
- Loss of control of vehicle
- Hit-and-run accidents
What is the federal government doing about big rigs and highway safety?
The Federal Motor Carrier Safety Administration sets forth regulations that trucking companies are required to follow. These cover equipment and “hours of service” rules, which prohibit truck drivers from driving more than 11 consecutive hours or after 14 hours on duty without a 10-hour break. Drivers who accrue 60 work hours during a 7-day period or 70 work hours during an 8-day period cannot continue to drive. Truck drivers must keep a driver's log.
Federal regulations require commercial trucks to be insured at appropriate levels, which are dependent on the materials they're hauling. These regulations were put in place to protect accident victims from truck owners who may not have the monetary resources to pay for damages out of their own pockets.
Are there any additional safety laws related to trucks and truck drivers?
Yes. Specific laws and regulations are in place to protect passenger vehicle drivers and occupants from the actions of negligent truck drivers and trucking companies. State and Federal rules specify, for example, how many hours and days truck drivers can stay on the road before taking a break, the proper loading of cargo and weight the driver is carrying, and speeds for safely traveling and passing other vehicles on the highway.
What are some of the most common causes of truck accidents?
Truck accidents are commonly caused by driver error and vehicle maintenance failure.
- Driver error may be caused by inexperience, lack of training, fatigue, driving under the influence of alcohol or drugs (both illegal and prescription), failure to yield right of way, driving at excessive speeds, and aggressive driving.
- Improperly maintained equipment and equipment failure, such as brake failure or defective tires, may also cause truck accidents.
- Some accidents involve trucks that are oversized and overloaded.
- Weather and poor driving conditions are sometimes factors in truck accidents.
What damages can I recover in a truck accident injury case?
Injuries to victims involved in a truck accident can be gravely serious. Plaintiffs may be entitled to compensation for past and future wages lost and medical expenses. You may also be entitled to compensation for the pain and suffering you've endured as a result of the truck accident. Punitive damages are possible if the conduct of the person at-fault is proven to be particularly reckless.
To prove negligence, a truck accident attorney with Chalik & Chalik Law Offices will need to show the truck driver failed to use due care in the operation of the truck.
If you or a love one dies as a result of a truck accident, surviving family members may be entitled to monetary damages for financial loss and emotional distress.
For questions about your case, contact a truck accident attorney at Chalik & Chalik Law Offices.
If I am injured, how will I pay for my medical bills? Who is responsible?
It can come as an unhappy surprise to accident victims that the trucking company may not pay your medical costs right away. Your own insurance may cover some of your expenses, including some medical bills and funeral costs if a loved one died. However, we strongly urge you NOT to give a statement to your insurance company or to the trucking company, nor to sign any release forms, before consulting with an experienced truck accident attorney. Your actions could be used against you to limit the amount of compensation you are awarded. To discuss your particular situation, please contact a truck accident attorney at Chalik & Chalik Law Offices today.
Why should I retain an attorney to handle my truck accident case?
The insurance companies are counting on you not to hire an experienced Florida truck injury attorney. Sadly, they can take advantage of accident victims when they are in pain, confused, and stricken with grief. That way, they don't have to pay out the full compensation you deserve and are entitled to by law. Unless your injuries are minor (a rarity in truck accident cases), you should retain a truck accident attorney at Chalik & Chalik Law Offices. We will make sure evidence is gathered and your case is properly documented to establish liability and win your compensation before it's too late.
What is the timeframe to bring an injury or death case based on a truck accident?
In the state of Florida, a truck accident case must be brought within four years of the date of the accident. If someone died, the wrongful death lawsuit must be brought within two years of the date of the decedent’s death. Contact us now if you have questions about the time to bring a claim in your situation.
For more information, please see our Truck Accidents page.