Truck Accident Attorney Serving Lakewood Ranch, FL
If you need a Lakewood Ranch truck accident attorney, James Horne Law PA is here to help you get your life back on track.
In Florida, truck accidents injure and kill thousands of people every year. In 2023, 35,795 truck accidents occurred on Florida roads. And it’s only getting worse. In fact, from 2009 to 2023, truck accidents resulting in death in Florida increased by 88%. If you were in a truck accident, James Horne Law PA can help you get your life back on track. Lakewood Ranch truck accident lawyer James Horne will fight tirelessly to help you get the accident settlement you deserve.
Common Causes of Truck Accidents
Most truck accidents that occur on Florida’s roadways are preventable. In fact, simple driver error causes 92.3% of all truck accidents in Manatee County. But other common causes of truck accidents include:
- Speeding and other reckless behaviors. When truck drivers speed or encounter dangerous driving conditions, it’s difficult for them to stop their truck fast enough to avoid a collision or avoid losing control of their tractor-trailer.
- Distracted driving. When things like phone calls or texts distract truck drivers, they often fail to see what other vehicles, cyclists, and pedestrians are doing around them.
- Driving under the influence. Safely operating a massive 18-wheeler requires precision and focus, which is why in Florida, it is illegal for a commercial motor vehicle driver to operate a tractor-trailer with a blood alcohol concentration of 0.04 or higher.
- Driving while fatigued. Because navigating an 18-wheeler through traffic requires mental alertness, the Federal Motor Carrier Safety Administration (FMCSA) has specific rules and hours-of-service regulations restricting the number of hours truck drivers can spend on the road.
- Negligent training and supervision. Accidents happen when companies hire drivers without conducting mandatory screenings, including drug testing and checking the driver’s driving record, work history, and medical certification. A truck company also must ensure its drivers drive safely and responsibly and follow FMCSA regulations.
- Negligent inspection and maintenance. Trucking companies and truckers must routinely inspect, repair, maintain, and document all maintenance for the commercial motor vehicles in their fleet. Failure to do so can lead to serious accidents.
- Overloading or improperly secured cargo. Truck companies sometimes overload tractor-trailers in violation of FMCSA regulations and Florida Department of Transportation size and weight limits. Crashes can also occur when a tractor-trailer carries improperly secured cargo.
- Poor road maintenance. A deteriorating shoulder or a pothole may cause a truck driver to run off the road or overcorrect.
- Defective equipment. Sometimes, the truck itself is defective, and that defect causes an accident. For example, the truck or its parts may have been defectively designed or manufactured, or may not have been properly inspected or maintained.
Whatever the reason for your accident, if you’re searching for an experienced truck accident attorney, Lakewood Ranch firm James Horne Law can review your case and explain all of your options.
Common Injuries from Truck Accidents
Truck accidents tend to cause more severe injuries than typical car crashes because of the massive size and weight of commercial trucks. Common injuries include:
- Traumatic brain injuries. Head trauma from a violent collision can cause concussions or long-term cognitive problems.
- Spinal cord injuries. Damage to the spine can lead to paralysis or loss of mobility.
- Broken bones. Fractures in the legs, arms, ribs, or pelvis are common in serious truck crashes.
- Internal injuries. Damage to internal organs may require emergency surgery and long-term care.
- Severe burns or lacerations. Contact with hot surfaces, chemicals, or debris can cause serious skin damage.
Because these injuries can require extensive treatment, working with a truck accident lawyer can help ensure your claim accounts for all medical costs, lost income, and future care needs.
Types of Truck Accidents
Understanding the type of truck accident you experienced can help build a strong case. Some of the most common types include:
- Override accidents. A large truck rides over the back of a smaller vehicle, often crushing the smaller car. These crashes are especially dangerous because the roof of the smaller vehicle can be torn off, putting the driver and passengers at extreme risk of severe or fatal injuries.
- Underride accidents. This happens when a smaller vehicle slides under the back or side of a truck’s trailer. These crashes often result in catastrophic head and neck injuries, especially if the vehicle’s roof is crushed or sheared off.
- Jackknife accidents. When a truck’s trailer swings out to the side, forming an L or V shape with the cab, it can block multiple lanes of traffic. Vehicles nearby may have nowhere to go and can be caught in a pile-up.
- Rollover accidents. A rollover can happen if a truck takes a curve too fast, shifts its load, or loses control. These accidents can block entire roadways and crush vehicles caught underneath or beside the truck.
- Wide-turn accidents. Trucks often need extra space to make tight right turns. If a driver misjudges the space or fails to check for cars in adjacent lanes, they may trap or crush smaller vehicles during the maneuver.
Each of these accidents poses unique dangers and legal challenges. A truck crash lawyer can investigate the specific circumstances of your crash and gather the evidence needed to prove who is responsible.
Determining Liability After a Truck Accident
More defendants than just the truck driver can be liable for a truck accident. Truck drivers may work for a larger trucking company that cuts corners to save costs. Or they may unwittingly drive a truck with a defective part that caused your accident. Depending on the reason for the accident, liable parties in Florida can include:
- Truck drivers. Truck drivers are required to make sure their truck is free of maintenance issues and that they’ve secured all cargo correctly, as well as making sure they follow all applicable laws and regulations.
- Trucking companies. Commercial truck companies must provide adequate training, inspect and maintain their vehicles, and follow all rules and regulations.
- Cargo loaders. Cargo loaders must inspect and secure cargo correctly because unsecured cargo creates a risk of cargo shifting during transportation, falling off a truck, and causing tire blowouts.
- Truck and parts manufacturers. If faulty parts cause an accident and the manufacturer or distributor knew those parts were defective but failed to notify the trucking company or truck driver of the defects, the truck and parts manufacturer may be liable.
- Government agencies. If defects like loose gravel, broken shoulders, potholes, or poorly designed roads caused your accident, the government agency responsible for the road’s maintenance can be liable.
In some cases, multiple parties may be liable for a trucking accident. Parties often blame each other, and establishing fault when there are multiple defendants can be complicated. A skilled truck accident attorney near Lakewood Ranch can help you identify who is at fault for your accident so you can collect the compensation you deserve.
How Long Do You Have to File a Truck Accident Claim in Florida?
If you suffered a truck accident injury in Florida, you generally have two years from the crash date to file a lawsuit. This time limit is called the statute of limitations. Missing this deadline could result in losing your right to seek compensation. Contact a truck accident attorney as soon as possible to protect your claim. Evidence in trucking cases can disappear fast. Trucking companies often have their own investigators on the scene within hours. Starting your case early helps ensure the preservation of important records and data.
What Evidence Can Help Prove Your Truck Accident Case?
Truck accident cases often require more technical evidence than standard car accidents. Important types of evidence include:
- The police crash report. This official report often contains initial findings about who may be at fault.
- Photos and videos. Images of the accident scene, vehicle damage, and roadway conditions can support your claim.
- Eyewitness statements. Testimony from people who saw the crash can help establish liability.
- Medical records. Documentation of your injuries and treatment connects the crash to your medical condition.
- Truck driver logs. Federal law requires truck drivers to record their hours. These logs can show if the driver was overworked or violated safety rules.
- Electronic logging device (ELD) data. Many trucks have devices that record speed, braking, and hours of service.
- Maintenance and inspection records. Proof of poor truck maintenance or skipped inspections can support your claim.
A qualified 18 wheeler accident lawyer knows how to secure and analyze this evidence to strengthen your case. Working with an experienced truck accident lawyer helps ensure no detail is overlooked, giving you the best chance to build a successful claim.
How Much Compensation Can You Expect From a Truck Accident Lawsuit?
The amount of compensation you can receive from a truck accident in Florida can vary significantly depending on the specific circumstances of the accident, the severity of your injuries, and several other factors. Truck accidents can result in substantial damages, and pursuing compensation typically involves various components:
- Medical expenses. You can seek compensation for all medical expenses related to the accident, including hospital bills, surgeries, rehabilitation, and ongoing medical treatment.
- Lost wages. If your injuries prevent you from working, you may be entitled to compensation for lost wages and potential future earnings.
- Property damage. You can seek compensation for the repair or replacement of your vehicle and any personal property that was damaged in the accident.
- Pain and suffering. You may be eligible for non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life.
- Permanent disability. If the accident resulted in a permanent disability, you can pursue compensation for the impact it has on your life.
- Wrongful death. In cases where a loved one was killed in a truck accident, family members may be eligible for compensation through a wrongful death claim, including funeral expenses, loss of financial support, and emotional distress.
- Punitive damages. In cases involving extreme negligence or reckless behavior by the truck driver or the trucking company, punitive damages may be available to punish the responsible party.
The specific amount of compensation you can receive will depend on factors such as the extent of your injuries, the cost of your medical care, the impact on your earning capacity, the strength of your legal case, and the insurance policies involved. Truck accidents often result in more substantial damages than car accidents due to the size and weight of commercial trucks.
Hiring an Attorney After Your Truck Accident
When deciding on a truck accident attorney, there are several critical things to look for, including:
- An attorney who can establish fault. Proving fault after a truck accident requires evidence of negligence. For this reason, you’ll want an experienced attorney who knows what to look for and who has a proven track record of successfully establishing fault.
- An attorney who can establish liability. Because liability often hinges on the type of crash and the reason for it, retaining a knowledgeable truck crash lawyer who can help you find out why the crash happened and identify all responsible parties is essential.
- An attorney who can negotiate with insurance companies. Insurance and trucking companies often try to take advantage of a crash victim’s inexperience. A skilled lawyer will negotiate with adjusters and vigorously advocate for the compensation you deserve.
- An attorney who will build a strong case. An experienced attorney can conduct a detailed investigation, gather documents, order records, visit the accident scene, and sometimes hire medical experts or an accident reconstructionist to testify for you.
Overall, you want an advocate who can do all these things and do them well. But seeking a compassionate advocate who understands your feelings and concerns is also essential. An attorney who knows you’re more than just a case number will work diligently to set you on the path to recovery.
Contact a Lakewood Ranch Truck Accident Attorney
If you’re looking for an advocate who believes every case deserves their full, undivided attention, James Horne is your lawyer for truck accidents in Lakewood Ranch. James Horne is an AV-Preeminent-rated aggressive litigation counselor and will handle every stage of your claim with the fierce advocacy, skill, and compassion you deserve. Contact James Horne Law online or by phone today to schedule a free case review.
FAQs About Hiring a Truck Accident Lawyer in Lakewood Ranch
How Much Does an 18 Wheeler Accident Lawyer Cost?
At James Horne Law, we handle truck accident cases on a contingency fee basis. This means you pay nothing upfront. We get paid only if we recover compensation for you. Our fee comes directly from the settlement or court award, so you have no out-of-pocket legal costs.
What Is the Average Settlement for a Truck Accident Case?
There is no standard settlement amount because every case is different. The value of your case depends on the severity of your injuries, your medical expenses, lost wages, and how the accident has affected your life. Our truck accident attorney can review the details of your case to help you understand what your claim may be worth.
How Long Does a Truck Accident Case Take to Settle?
The timeline for a truck accident case can vary depending on several factors. These include the complexity of the crash, the severity of your injuries, and whether the insurance company offers a fair settlement. Some cases settle in a few months, while others may take a year or longer if we need to file a lawsuit. Our truck crash lawyer will keep you informed every step of the way and work to resolve your case as efficiently as possible while working to protect your best interests.