Lakeland Truck Accident Lawyers
Truck accidents often lead to devastating consequences, far surpassing the impact of typical car collisions. The aftermath can be overwhelming, leaving you facing not only severe injuries but also medical bills and lost wages.
As a responsible driver in Lakeland, you should not have to bear this burden alone. Florida law provides avenues to seek potential compensation for injuries and losses through personal injury claims.
You may be entitled to significant compensation if you have been involved in a truck accident in Lakeland or surrounding areas. Our experienced Lakeland truck accident lawyers can help you navigate the complex legal landscape and fight for the relief you deserve.
Proving Fault After a Truck Crash
Establishing fault in a truck accident case is a critical yet often time-consuming process. Unlike typical car accidents, truck crashes involve multiple parties, including the driver, trucking company, vehicle manufacturer, and cargo loaders. Our knowledgeable Lakeland truck accident attorneys work to prove fault and to build a strong case for our clients.
We begin by thoroughly investigating the accident scene and gathering evidence such as skid marks, vehicle damage, and road conditions. This physical evidence is crucial in reconstructing the accident and determining fault. We also gather and analyze statements from eyewitnesses, first responders, and other involved parties. These accounts offer valuable insights into the events preceding the crash.
Electronic data has become increasingly important in proving fault. We obtain and analyze data from Electronic Logging Devices (ELDs) that record driving hours, speeds, and rest periods. It is also helpful to examine “black box” data from the truck, which can reveal critical information about the vehicle’s operation at the time of the accident.
An investigation extends beyond the immediate circumstances of the crash. It is helpful to look into the truck driver’s background, including their driving record, training, and qualifications. Any history of violations or inadequate training can be powerful evidence of negligence. Reviewing vehicle maintenance logs to identify any neglected repairs or inspections that could have contributed to the accident is also important.
To further prove your case, we work with a network of expert witnesses, including accident reconstruction specialists and medical professionals. Their expert testimony can provide crucial support for your claim. By carefully gathering and analyzing all available evidence, our tractor-trailer accident lawyers fight to prove fault and to secure the potential compensation you are seeking.
Liability in Truck Accident Claims
Truck crashes often involve multiple potentially liable parties, each with their insurance coverage and legal responsibilities. Our 18-wheeler accident lawyer can identify all responsible parties so you can receive possible compensation for your injuries and losses.
The truck driver is often the first party considered in liability claims. They may be held responsible if their actions involved negligence, such as speeding, distracted driving, or driving under the influence. However, under the legal doctrine of “respondeat superior,” trucking companies can also be held liable for the actions of their employees. Trucking companies may bear direct responsibility for various factors that contribute to accidents. These can include negligent hiring practices, inadequate driver training, failure to properly maintain vehicles, or encouraging or ignoring violations of hours-of-service regulations. Our team thoroughly investigates the company’s practices to uncover any systemic issues that may have played a role in your accident.
Sometimes, liability may extend to parties not immediately present at the accident scene. The manufacturer could be held liable if a defective truck part or system contributed to the accident. This might include issues with brakes, tires, steering systems, or other critical components. Similarly, if improperly loaded or secured cargo caused the truck to become unstable or tip over, the company responsible for loading the cargo may share in the liability. Even government entities may be held responsible in certain circumstances. Poor road design, inadequate signage, or lack of road maintenance can contribute to accidents, and the government entity responsible for the road might share liability in such cases.
Determining liability in truck accident cases requires a deep understanding of state and federal trucking regulations, industry standards, and complex insurance policies. Our experienced Lakeland truck accident lawyers have the knowledge and resources to investigate all potentially liable parties. We approach each case with careful attention to detail, gathering evidence to build a comprehensive claim that accounts for all liable parties.
Examples of Truck Driver Negligence
Truck driver negligence is a leading cause of commercial vehicle accidents. Understanding these forms of negligence can help victims recognize when they have a valid claim. Our Lakeland truck accident attorneys have extensive experience identifying and proving driver negligence across many scenarios.
Distracted and Impaired Driving
Distracted driving has become increasingly prevalent in the age of smartphones and in-vehicle technology. Truck drivers who text, use mobile phones, adjust GPS systems, or engage with dispatch systems while driving pose a significant risk to others on the road. Even seemingly harmless activities like eating behind the wheel can take a driver’s attention off the road long enough to cause a catastrophic accident.
Impaired driving remains a serious issue in the trucking industry. This includes not only driving under the influence of alcohol or illegal drugs but also the misuse of prescription or over-the-counter medications that can impair driving ability.
Fatigue and Hours-of-Service Violations
Driver fatigue is an ongoing problem in the trucking industry, often exacerbated by pressure to meet tight delivery deadlines. The Federal Motor Carrier Safety Administration (FMCSA) has established strict hours-of-service regulations to combat this issue, but violations are unfortunately common. Our big rig accident lawyers are well-versed in these regulations and skilled at identifying instances where drivers have exceeded legal driving limits or falsified logbooks to conceal violations.
Speeding and Reckless Driving
This category of negligence includes not only exceeding posted speed limits but also driving too fast for weather or road conditions, tailgating, improper lane changes, and aggressive driving behaviors. We meticulously examine evidence such as GPS data, witness statements, and accident scene analysis to prove instances of speeding or reckless driving.
Inadequate Training and Experience
Drivers who lack proper training in areas such as handling different types of cargo, navigating adverse weather conditions, or managing fatigue can pose a significant risk on the road. Our team investigates the driver’s background, training records, and the trucking company’s hiring practices to identify any negligence in this area.
By thoroughly understanding and documenting these forms of negligence, our Lakeland, FL, truck accident lawyers present a case to the insurance company to fight for the compensation you deserve. We are committed to holding negligent drivers and companies accountable for their actions and helping prevent future accidents. In our view, when you start holding truck drivers accountable, it leads to more drivers taking more responsibility and trying to make safer decisions.
How Damages May Be Calculated After a Truck Accident
Economic damages in truck accident cases cover all quantifiable financial losses resulting from the accident. These damages for settlements and judgments typically include:
Medical Expenses
This category covers both current and future medical costs. Immediate expenses such as emergency room visits, surgeries, hospital stays, and initial rehabilitation are straightforward to calculate. However, projecting future medical needs requires expertise. For instance, a spinal cord injury might necessitate $1 million in first-year treatment and $185,000 annually thereafter for life care. Medical experts play a crucial role in estimating these long-term costs based on the injury’s severity and expected recovery trajectory.
Lost Income and Earning Capacity
This component addresses both immediate lost wages and potential future earnings. While calculating missed work days is relatively simple, assessing lost earning capacity for permanent injuries is more complex.
Consider a 35-year-old truck driver earning $60,000 annually who can no longer drive due to injuries. Their lost earning capacity might be calculated as $1.8 million (30 years x $60,000), adjusted for factors like potential career advancement and alternative employment options.
Property Damage and Out-of-Pocket Expenses
Beyond vehicle repair or replacement costs, this category includes damaged personal property and additional expenses incurred due to the accident. These might cover travel costs for medical treatments, necessary home modifications for accessibility, or expenses for hiring help with tasks the victim can no longer perform independently.
Pain and Suffering
This covers physical pain and emotional distress resulting from the accident and injuries. These damages acknowledge the profound impact of trauma on an individual’s well-being.
Loss of Enjoyment of Life
This category compensates for the victim’s diminished ability to engage in hobbies, exercise, or other activities they enjoyed before the accident. It recognizes the value of these life experiences beyond financial considerations.
Loss of Consortium
This applies to the impact on the victim’s relationships, particularly with a spouse or partner. It acknowledges the strain that severe injuries can place on personal connections and family dynamics.
Insurance Policy Limits and Multiple Liable Parties
When a single defendant’s insurance policy is insufficient to cover damages, attorneys may seek compensation from multiple parties, such as:
- The truck driver
- The trucking company
- The truck manufacturer (in cases of mechanical failure)
- Government entities responsible for road maintenance
We Can Represent You in Court If Needed
While many truck accident cases are settled out of court, sometimes litigation becomes necessary to secure fair compensation, which is why it is beneficial to hire a personal injury lawyer. When we represent you in court, we leverage our deep understanding of trucking regulations, industry standards, and Florida law to build support for the truth of your claim. We work closely with expert witnesses, including accident reconstructionists, medical professionals, and economic experts, to provide testimony that supports your claim.
Our team handles all aspects of the litigation process, from filing the lawsuit and conducting discovery to presenting your case before a judge and jury. We keep you informed at every step, ensuring you understand the process and are comfortable with the work being done on your behalf.
We Fight as Much as Possible For You
While we cannot guarantee a specific outcome in your case, we can assure you that we will fight in every way we can to potentially secure the maximum compensation possible for your injuries and losses. Our approach is to investigate every aspect of your case thoroughly, identify all potentially liable parties, and pursue every available avenue for compensation.
We understand that the aftermath of a truck accident can be overwhelming, both emotionally and financially. That is why we operate on a contingency fee basis, meaning you do not pay any legal fees unless we win your case. This allows you to focus on your recovery while we handle the legal challenges of your claim.
You Do Not Have to Face This Alone When You Have Howell & Thornhill
Truck accidents can devastate lives. Our experienced Lakeland attorneys are ready to fight for your rights and the compensation you seek. Time is critical in these cases – evidence can disappear, and legal deadlines approach quickly.
Contact our firm today for a free, no-pressure consultation. Our team can handle the legal side of your situation while you focus on healing and getting your life back on track with our our experienced Lakeland truck accident lawyers.