Accidents involving commercial trucks can result in catastrophic injuries, extensive damages, and complex legal proceedings. If you or a loved one has been injured in a truck accident in Florida, getting solid legal representation is necessary. The experienced Florida truck accident attorneys at Gerber Law, PA can collect hard evidence, prove liability of the at-fault truck driver and the trucking company, and build a strong claim to get you the maximum financial compensation you are entitled to.
Legal Challenges Associated with Florida Trucking Accident Laws
Commercial Vehicle Regulations
Florida adheres to strict regulations governing commercial vehicles, including trucks. Compliance with these regulations is important for both truck drivers and trucking companies. Understanding the Federal Motor Carrier Safety Administration (FMCSA) regulations is essential, as they set standards for driver qualifications, vehicle maintenance, hours of service, and more.
Comparative Negligence in Florida
Florida follows a modified comparative negligence system for truck accident claims. The compensation is determined based on the percentage of fault assigned to each party. However, if the injured party is found more than 50% liable for their own injuries, they cannot recover any compensation. Therefore, establishing liability and demonstrating the extent of negligence is a key aspect of pursuing a successful truck accident lawsuit.
No-Fault Insurance System
Florida operates under a no-fault insurance system, requiring all drivers to carry Personal Injury Protection (PIP) coverage. This coverage provides benefits regardless of who is at fault in a truck and car accident. However, for severe injuries exceeding the PIP limits, victims may have the right to pursue a claim against the at-fault party, including trucking companies.
Vicarious Liability for Trucking Companies
Trucking companies can be held vicariously liable for the actions of their drivers. This means that if a driver is negligent while performing job-related duties, the company may share responsibility. Proving the employment relationship and establishing the scope of employment is necessary in holding the trucking company accountable.
Statute of Limitations
Florida has a statute of limitations that restricts the time within which a legal action must be filed. You have two years from the date of the accident or when the injury was discovered to file a legal claim. Failing to meet this deadline can result in the loss of the right to pursue a claim. Timely action is important to ensure evidence is preserved, witnesses are interviewed, and the legal process is initiated promptly.
Role of Truck Accident Lawyers in Florida in Advocating for Accident Victims
Legal Knowledge
Florida truck accident lawyers possess detailed knowledge of the complex laws and regulations governing commercial vehicles. Their knowledge extends to understanding federal and state regulations, insurance requirements, and the challenges of trucking industry standards.
Investigation and Evidence Gathering
One of the primary roles of semi-truck accident lawyers is conducting thorough investigations into the circumstances surrounding the accident. This involves collecting and analyzing evidence such as accident reports, logbooks, maintenance records, and electronic monitoring data.
Determining Liability
Large truck accidents often involve multiple parties, including the truck driver, trucking company, maintenance personnel, or even manufacturers. Truck accident lawyers play a key role in identifying all potentially liable parties. Establishing liability is critical in pursuing a successful claim and ensuring that all responsible parties are held accountable for the victim’s serious injuries and damages.
Advocacy in Negotiations
Truck accident lawyers are skilled negotiators who advocate on behalf of accident victims during settlement discussions. They understand the tactics employed by insurance companies and defense attorneys and use their legal acumen to recover maximum financial compensation for their clients.
Litigation Representation
In cases where a fair settlement cannot be reached through negotiations, a Florida truck accident lawyer will be prepared to take the case to court. They provide representation during litigation, presenting a compelling case to the judge and jury. This includes presenting evidence, cross-examining witnesses, and making legal arguments to support the victim’s claim.
Our Confidence is Backed by Decades of Experience in Handling Truck Accident Cases
At Gerber Law, PA, our team of attorneys possess extensive experience in tackling the complicated legal system of Florida truck accident cases. Recognizing the unique challenges posed by trucking accidents, our attorneys bring a wealth of knowledge and a proven track record to ensure the best possible outcomes for our clients.
In-Depth Understanding of Trucking Regulations
Our lawyers possess a comprehensive understanding of both federal and state regulations governing the trucking industry. This includes familiarity with safety standards, licensing requirements, and compliance obligations. This in-depth knowledge allows us to pinpoint regulatory violations that may have contributed to the accident, strengthening our clients’ cases.
Thorough Investigation
Building a compelling case for vehicles involved in truck collisions requires a careful approach to evidence gathering. Our legal team excels in conducting thorough investigations, delving into necessary details such as driver logs, maintenance records, and electronic monitoring data.
Identifying Multiple Liable Parties
Florida truck accidents often involve a web of responsibility, encompassing not only the driver but also the trucking company, maintenance personnel, and possibly even manufacturers. Gerber Law, PA’s attorneys excel in identifying all potentially liable parties, ensuring that every avenue for compensation is explored and pursued on behalf of our clients.
Strategic Advocacy in Negotiations
Our legal team is well-versed in the art of negotiation. We understand the tactics employed by insurance companies and defense attorneys, allowing us to advocate strategically for our clients. Through persuasive negotiation, we aim to obtain fair and comprehensive compensation that reflects the true extent of our clients’ losses.
Litigation Skills
When negotiations fall short of achieving a just resolution, Gerber Law, PA’s attorneys are prepared to take the fight to the courtroom. Our litigation prowess comes to the forefront as we present compelling cases, leveraging our courtroom experience to pursue the best interests of our clients.
Timely Action and Legal Compliance
Recognizing the significance of time in legal proceedings, our attorneys are committed to ensuring compliance with statutes of limitations and filing deadlines. Timely action is important, and our team takes proactive measures to protect our clients’ rights and preserve their legal claims.
Client-Centric Approach
Beyond legal experience, our commitment to our clients extends to providing support and understanding. We recognize the emotional toll that severe truck accidents can take, and our attorneys approach each case with empathy, guiding clients through the legal process with compassion.
Focus on Different Commercial Vehicle Accident Cases in Florida
Collisions and Rear-End Accidents
- Investigation of factors such as driver fatigue, brake failure, or safety violations in accidents involving commercial vehicles.
- Examination of evidence to establish liability and pursue compensation following large trucks accidents.
Jackknife Accidents
- In-depth understanding of contributing factors, including improper braking and road conditions leading to collision with passenger vehicles.
- Examination of issues such as equipment failure to build a robust case in favor of motor vehicles and against the trucking company.
Driver Negligence and Violations
- Scrutiny of driver behavior, including speeding, distracted driving, or driving under the influence that led to the tractor trailer accident.
- Holding negligent parties accountable and acquiring compensation for clients following driver error accidents.
Cargo-Related Accidents
- Focus on improperly loaded or secured cargo leading to catastrophic semi truck accidents.
- Investigation into overloaded trucks, improper securing, or faulty loading practices that caused traumatic brain injuries.
Equipment Failure and Maintenance Issues
- Your personal injury attorneys will understand technical aspects of truck operation, investigating brake failures, tire blowouts, or engine malfunctions.
- Holding responsible parties accountable for improper maintenance of semi trucks.
Intersection and Turning Accidents
- Analysis of factors such as visibility, signaling, and compliance with traffic laws.
- Establishing liability and pursuing compensation for those affected.
Hazardous Materials (Hazmat) Incidents
- Unique approach to accidents involving trucks transporting hazardous materials.
- Addressing unique regulatory considerations and potential environmental impact.
Working for the Rights of Truck Accident Victims in Florida
In the complex and often challenging aftermath of a truck accident, Gerber Law, PA stands as a beacon of support and legal knowledge, championing the rights of truck accident victims throughout Florida. The seasoned personal injury attorney Maria Gerber brings 21 years of experience and a proven track record to the forefront of truck accident representation.
Maria Gerber, a native Floridian and founder of Gerber Law, PA, has dedicated her legal career to advocating for those who have suffered due to truck accidents. Her unique perspective as a former State Prosecutor and her personal experience as an accident victim empowers her to provide compassionate yet aggressive legal counsel to clients.
Our firm takes pride in its commitment to obtaining justice for victims of most truck accidents. Maria Gerber’s extensive background includes serving as an Assistant State Attorney, where she prosecuted thousands of criminal cases and supervised a team of prosecutors. This experience, combined with her civil trial practice, has uniquely positioned Gerber Law, PA to handle a wide range of truck accident cases with skill and determination.
Our track record speaks volumes about our dedication to achieving favorable outcomes for the families of victims of fatal accidents. From recovering substantial settlements for victims of collisions, jackknife accidents, and driver negligence, Gerber Law, PA has consistently demonstrated its prowess in Florida truck accident claims. We have obtained over $4 million for our clients in accident settlement claims in recent years.
Steps to Take Following a Truck Accident to File a Successful Claim
Focus on Safety
- Check yourself and others for truck accident injuries.
- If possible, move to a safe location away from traffic.
- Turn on hazard lights and set up warning devices if available.
Call for Emergency Assistance
- Dial 911 to report the accident and request medical assistance.
- Provide accurate information about the location, injuries, and vehicles involved.
Consult with an Experienced Truck Accident Lawyer
- Obtain legal advice from an experienced truck accident attorney like Gerber Law, PA.
- Discuss the details of the accident and explore your options for pursuing a personal injury claim.
Exchange Information
- Exchange names, addresses, phone numbers, insurance information, and license plate numbers with the truck driver and any other involved parties. This includes their commercial driver’s license number.
Document the Scene
- Take photos of the accident scene, vehicle damage, license plates, and any visible injuries.
- Note the weather conditions, road signs, and traffic signals.
Collect Witness Information
- Obtain names and contact details of any witnesses. Their statements may be valuable later.
Do Not Admit Fault
- Avoid admitting fault or making statements that could be interpreted as an admission of guilt.
Obtain Medical Attention
- Even if injuries seem minor, get medical attention promptly. Some injuries may not be immediately apparent.
Report to Law Enforcement
- Cooperate with the police and provide an accurate account of the accident.
- Obtain a copy of the police report or a case number.
Preserve Evidence
- Keep a record of medical expenses, vehicle repairs, and other accident-related costs.
- Preserve any evidence, such as damaged clothing or personal belongings.
Contact Your Insurance Company
- Notify your insurance company about the accident.
- Provide basic information but avoid making detailed statements without legal advice.
Follow Medical Advice
- Adhere to medical recommendations and attend all necessary follow-up appointments.
- Keep detailed records of medical bills, prescriptions, and any rehabilitation efforts.
Taking these steps can help protect your rights and build a strong foundation for a potential personal injury claim following car accidents. Consulting with an experienced attorney at Gerber Law, PA, can further guide you through the legal process and maximize your chances of obtaining fair compensation for your injuries and damages.
Our Attorneys Will Preserve Necessary Evidence for Strengthening Your Claim in Florida
- Establishing Liability: Collecting evidence, including photographs, witness statements, and accident reconstructions becomes vital in determining the party at fault for the truck crash, including a fatal truck accident.
- Proving Damages: Evidence helps our Florida truck accident attorney accurately assess economic and non-economic damages following truck crashes, including medical costs, rehabilitation expenses, and lost wages.
- Avoiding Spoliation: Securing evidence early is essential to prevent spoliation in a truck accident claim, which could arise from the intentional or negligent destruction of evidence.
- Building Credible Narratives: Strong evidence in a truck accident case allows attorneys to construct compelling narratives that support the truck accident victim account of the events leading to the truck accident.
- Maximizing Compensation: Thoroughly preserved evidence forms the foundation of a personal injury claim, increasing the likelihood of receiving higher settlement offers. Recognizing the validity of a claim is more probable when supported by well-preserved evidence, especially in wrongful death claims.
Choose a Results-Driven Florida Truck Accident Lawyer Today
At Gerber Law, PA, we understand the challenges you face in the aftermath of a truck accident, and our dedicated law firm, led by experienced attorney Maria Gerber, is here to protect your rights and obtain maximum compensation. With a history of recovering large settlements and verdicts for truck accident victims, we are strongly positioned to represent you in even the most challenging cases. Schedule your free and confidential consultation with us today. Call 941-484-2700 or write to us online.
