Why Truck Accident Claims Can be Complicated
Large trucks and tractor trailers traverse Florida’s complex system of busy roadways and highways on a daily basis. Unfortunately, however, the more trucks that regularly traverse these roadways, the greater the potential for serious motor vehicle accidents. Motor vehicle accidents involving large trucks and tractor trailers can be more complicated, both in terms of the scale of the accident and the nature and extent of the resulting injuries and damages, than smaller-scale motor vehicle accidents.
Trucking companies usually have large insurance policy limits – some in excess of one million dollars. Consequently, when truck drivers negligently cause motor vehicle accidents while driving their trucks, coverage may be afforded under the trucking company’s insurance policy.
Despite the large insurance policies and availability of coverage, it is important to remember that the insurance company’s main goal is to settle a truck accident claim for as little money as possible. By paying out fewer dollars in satisfaction of personal injury claims, the insurance companies are able to keep more money in-house to distribute to their shareholders. As such, you should make sure that following your accident, you seek immediate medical treatment, consult with your primary care physician (if you have one), and follow through with all of your healthcare provider’s treatment recommendations. This gives the insurance company less of a reason to try and cheaply settle your truck accident claim.
If you or someone you love has sustained personal injuries in a Florida truck accident, our skilled truck accident personal injury attorneys are here to assist you. Our experienced attorneys understand the complexities of truck accident cases and are fully prepared to confront the insurance company head-on. Our Florida truck accident attorneys can negotiate with the insurance company on your behalf and push to obtain a favorable 1 in your case. You can rest assured that if a favorable settlement is not forthcoming, our experienced attorneys are not afraid to litigate your case or take it to trial, if necessary.
Complexities of Truck Accident Cases
Truck accident cases, generally speaking, are much more complicated than run-of-the-mill, smaller-scale car accident cases. Some of the complexities associated with truck accident cases, as opposed to smaller-scale car accident cases, include the following:
Truck accidents usually involve more than one vehicle. Because of their large size, fast speed, and powerful momentum, large truck and tractor trailer accidents can be much more complex than accidents involving smaller vehicles. When a truck driver causes an accident, multiple other vehicles are usually involved, and the initial impact usually results in a chain reaction of separate collisions. In those cases, each of the affected motor vehicle drivers and/or passengers may have separate claims against the same truck driver or trucking company.
Trucks and tractor trailers are often hauling loose or improperly secured cargo. Tractor trailers routinely ship various types of cargo across the State of Florida on a daily basis. Cargo might include petroleum, logs, or vehicles. When cargo is improperly secured to a trailer and dislodges from the trailer onto the roadway, a serious, multi-vehicle accident can result – oftentimes with deadly consequences. The trailer’s cargo may also contain hazardous or flammable materials which have the potential to make a bad trucking accident even worse. The 2 establish rules and guidelines for properly transporting and securing cargo on tractor trailers that are driven on highways and roadways across America.
Injured plaintiffs may have legal complaints against more than one individual or entity. When a truck driver drives in a negligent, careless, or reckless manner and causes a motor vehicle accident which proximately results in injuries and damages, the injured plaintiff or plaintiffs will obviously have a legal cause of action against the truck driver for negligence. In addition to the truck driver, however, the injured plaintiffs may also have a cause of action against the trucking company, if the driver was on the job and acting within the scope of his employment – and was driving with the trucking company’s express or implied knowledge or consent. The trucking company could also be liable for negligent hiring, negligent retention, or negligent supervision of an employee truck driver who caused an accident. If a mechanical defect on the tractor or trailer caused or contributed to the accident, under a products liability theory of recovery, there may also be a cause of action against the product manufacturer or against a repair facility that recently performed repair work on the tractor or trailer.
Truck drivers often have unrealistic expectations imposed upon them. Truck drivers are encouraged to drive to their destinations as fast as possible and to log as many hours as possible. Doing so results in financial incentives for both the truck driver and the trucking company. When truck drivers operate their trucks while fatigued (or while under the influence of drugs or alcohol), it greatly increases the risk of accidents.
Truck accidents are more likely to result in severe personal injuries than smaller-scale accidents. Because of the large size and fast speeds of trucks and tractor-trailers, the resulting motor vehicle accidents are more likely to be catastrophic. A small car or sedan is no match for a tractor-trailer. As such, injured plaintiffs in trucking accidents are more likely to suffer severe injuries, such as fractures and broken bones, which require more extensive and expensive medical care (including surgeries) in order to treat effectively.
Contact a Clearwater Truck Accident Attorney Today to Discuss Your Case
Personal injuries sustained because of a truck driver’s negligence can be severe and long-lasting.
Our experienced Florida truck accident personal injury attorneys will be able to evaluate your case and negotiate with the insurance company on your behalf, allowing you the time you need to treat for and recover from your injuries. If a favorable settlement cannot be reached with the insurance company, we are fully prepared to litigate your case up through and including trial.
Dolman Law Group
800 North Belcher Road
Clearwater, FL 33765