Polk County Semi-Truck Accident Attorney
Did you suffer injuries in a commercial truck accident? You need to speak with a Polk County semi-truck accident attorney from Howell & Thornhill, P.A. a soon as possible. Your lawyer will discuss your legal options and, if warranted, take legal action against any liable parties on your behalf.
Established in 1975, our law firm has helped people throughout Central Florida and Polk County who have been harmed by the negligent actions of others. Allow our attorneys to assist you with your semi-truck crash case. To get started, schedule a free case consultation with us.
Why Choose Our Law Firm for Your Polk County Semi-Truck Accident Claim?
Howell & Thornhill, P.A. has handled thousands of personal injury and wrongful death claims. Our board-certified attorneys have obtained millions of dollars in settlements and judgments. We know the legal challenges you will face in your litigation and will address them promptly.
To date, we have received many positive client testimonials, thanks in part to our commitment to excellence. Our Polk County semi-truck accident attorneys give your case our full attention. We will find out how your semi-truck crash happened and who is responsible. From here, we build an argument against any liable parties. Ideally, we get you a fair settlement from an at-fault party’s insurance company. Or, if warranted, we will take your case to trial.
Who Is Responsible for a Semi-Truck Accident?
The party at fault for a semi-truck accident depends on what led to your collision and who was involved. Our lawyers can investigate what happened and determine who may be responsible for your losses. Parties that could be held liable for a semi-truck crash include:
The Truck Driver or Trucking Company
When a semi-truck driver takes their eyes off the road or makes other mistakes behind the wheel, the results can be disastrous. After the accident, you may hold the trucker liable for your losses. The trucking company that owns the truck is also responsible to pay for your injuries. Under the doctrine of respondeat superior and dangerous instrumentality, the trucking company that owns the truck and employs the driver must pay for your damages. The Federal Motor Carrier for which the driver was driving is also responsible for your injuries, even if they do not own the truck. Federal law establishes their responsibility.
The Trucking company may also be directly liable if they negligently hired, trained, or supervised their driver. This can help in a trial if the trucking company alleges that the injured person is partially at fault. Talk to our semi-truck accident attorneys about the advantages of proving the different types of liability of the trucking company.
The Cargo Loader
Semi-trucks can tip or roll over if they are not loaded properly to account for weight distribution. If you are injured in a tip-over or rollover accident because a semi-truck was not loaded correctly, you may have a case for compensation from the responsible party.
A Truck Maintenance Company
Truck maintenance companies may rush through the process of getting vehicles back on the road. When they do, they may be prone to mistakes. If a truck maintenance issue is a key factor in your semi-truck collision, you may be able to get money from the at-fault party.
Where Are Semi-Truck Accidents Often Reported in Polk County?
Even if you follow the rules of the road, you can still be involved in a semi-truck collision due to no fault of your own. Common spots where semi-truck crashes are reported in Polk County include:
- I-4
- Highway 60
- SR 37
- Polk Parkway
- U.S. Highway 98
- SR 33
- US Highway 17
- US Highway 27
How you respond after a semi-truck collision has long-lasting implications, which is why you should speak with a semi-truck collision lawyer ASAP. Your attorney will speak with witnesses, examine any obtained traffic camera footage, and take other steps to determine who is at fault for the semi-truck crash.
What Happens If You Are Injured in a Semi-Truck Accident and Someone Else Is at Fault?
Ultimately, an at-fault party will likely contest your compensation request. In our opinion, they want to make it as difficult as possible for you to recover compensation for your accident losses. As such, this party may blame you for your crash or commit substantial time and resources to contest your compensation request.
Our Polk County semi-truck accident lawyers understand Florida’s legal system. We can negotiate an insurance settlement on your behalf.
Unfortunately, insurance settlement negotiations do not offer any guarantees. Therefore, our lawyers may advise you to present your case to a judge or jury. We can craft an argument that will resonate with the court while you get treatment for your accident injuries. On the date your trial gets underway, our attorneys can argue your case and make it clear to the court why you deserve compensation.
How No-Fault Auto Insurance Applies to a Semi Truck Accident Case
Per Florida’s insurance requirements, you must carry personal injury protection (PIP) and property damage liability (PDL) coverage before you register a vehicle in the state. This represents no-fault car insurance coverage. With this, if you are involved in an accident, your insurance pays typically the first $10,000.00 in bills, without raising your premiums.
The PIP coverage only pays 80% usually and bills often exceed $10,000.00 quickly. So, even if you have no-fault car insurance coverage, you may still leftover bills from your semi truck accident. Contact our semit-truck accident lawyers to fight the insurer for the truck to pick up these medical bills, so you are not forced to pay out of pocket.
How Much Time Do You Have to File a Semi-Truck Accident Lawsuit in Polk County, FL?
According to Florida Statute § 95.11, you may have two years from the date of your semi-truck accident to sue an at-fault party. Meet with Polk County semi-truck accident lawyers if you are debating whether to file a personal injury lawsuit. Your attorney will evaluate your case and explain if you have grounds for legal action.
Will My Semi-Truck Accident Case Go to Trial?
Filing a lawsuit does not mean you will have to go to trial. For instance, say that you hire our truck accident lawyers after a collision involving a semi-truck on Interstate 4 (I-4). Our attorneys gather a wide range of evidence to support your case. The defendant in your lawsuit may worry that they will have to cover your economic and non-economic damages, given the nature of the case.
In this situation, the defendant could propose a pre-trial settlement. If you receive a fair settlement offer, you can accept the proposal and close your case without going to court. Alternatively, if no settlement is reached, our semi-truck accident lawyers will be ready for trial.
What It Takes to Prove Negligence in a Semi-Truck Accident Case
It is common to have questions after a car accident or a collision with a semi-truck. Our truck accident attorneys can address your legal questions. We will inform you about negligence and why an abundance of evidence is critical to help you achieve your desired case outcome.
To secure damages in your semi-truck collision case, you must show that a liable party failed to use reasonable care, namely, acted carelessly and caused your accident. In addition, if a truck driver violates hours of service (HOS) rules or violates other federal or state trucking industry regulations, this party may be held accountable for your collision.
In addition, you must prove that you are dealing with damages due to a liable party’s actions. You may be eligible for damages for your quantifiable and subjective losses. Damages in a semi-truck crash case can cover:
- Medical bills
- Pain and suffering
- Loss of income
- Loss of capacity for the enjoyment of life
- Burial and funeral expenses
The evidence your lawyer collects has far-flung effects on your case outcome. If your lawyer has a variety of evidence, it becomes challenging for the at-fault party to contest your case. Proof that may help you get a favorable ruling includes:
- Accident scene photos and videos
- Witness statements
- Truck driver logs
- A truck’s event data recorder (EDR or “black box”) data
- A truck’s maintenance and inspection records
Modified Comparative Negligence in a Semi-Truck Crash
Based on Florida Statute § 768.81, Florida has a modified comparative negligence rule. With this, you can be partly liable for a semi-truck accident and receive partial damages in a personal injury lawsuit.
If you are 50% or less at fault, a judge or jury can reduce your damages by your percentage of fault. For those who are more than 50% to blame, you cannot recover damages in a trial.
How to Proceed If You Lose a Family Member in a Fatal Semi-Truck Accident
Sadly, semi-truck crashes are sometimes fatal. Losing a family member in a semi-truck crash can be emotionally devastating for you and your loved ones. During this challenging time, it may be beneficial to consult with an empathetic and compassionate wrongful death lawyer. This is an opportunity to find out if you can seek compensation from anyone responsible for your loved one’s death.
In alignment with Florida Statute § 768.20, a personal representative of a deceased person (decedent) is the proper party to bring a wrongful death claim. This representative may be a spouse, child, sibling, or parent of a decedent.
Florida Statute 95.11 indicates that you may submit a wrongful death claim within two years of a person’s death. A wrongful death attorney provides insights into what the legal process entails. They can help you decide if it is in your best interests and that of your family to move forward with a claim. If you submit a claim, your attorney guides you through your case proceedings.
Tips to Help You with Your Semi-Truck Crash Case
Throughout your legal proceedings, your semi-truck accident attorney may advise you to do several things to boost your chances of getting the compensation you want, including:
Receive Ongoing Medical Care
Do not let your semi-truck accident injuries get any worse. Attend medical appointments and follow your doctor’s instructions. As you do, you can recover from your injuries and retrieve medical documentation that you can use in your case against any liable parties.
Do Not Talk to the Other Party
What you say about your semi-truck crash case may be used against you. If an at-fault party or their insurance company contacts you, tell your lawyer. Then, your attorney can communicate with either of these parties and keep you updated about their case conversations.
Remain Open to a Settlement
A settlement may allow you to resolve your case in less time than what would be required with a trial. If an at-fault party submits a settlement offer, evaluate the proposal with your lawyer. Ask your attorney what they think of the proposal, and you can make an informed decision on it.
Remember, your attorney is on your side. Keep the lines of communication open with your lawyer. If you need legal guidance or support at any point during your semi-truck collision case, your attorney is available.
Contact Our Polk County Semi-Truck Accident Attorney Law Firm Today
The team at Howell & Thornhill, P.A. takes the guesswork out of the legal process. Our personal injury lawyers can help you deal with the aftermath of your semi-truck collision. Contact us today for a free consultation to learn about your legal options.