What to do after a truck accident in West Palm Beach
Going through a truck accident is complicated because of the trauma, but in this situation you must remain calm and take a series of steps:
- Check yourself for injuries. Check others for injuries and render aid, if necessary.
- Call 911 using your cell phone immediately to report the collision.
- Request an ambulance if anyone is injured.
- If you are physically able, gather information while still at the scene of your collision. Write down the truck driver’s name, the name of the truck company, the truck’s license plate number, and the driver’s insurance information.
- Take photographs of the crash scene, as well.
If you cannot perform these tasks, don’t worry; a police officer can help you gather the information we have listed below.
Go to a hospital in West Palm Beach for professional medical care without delay. Then, when you are ready to begin the insurance claims process, consult with a local West Palm Beach truck accident lawyer. Talking to an attorney before dealing with an insurance company can help you understand and protect your rights throughout a claim.
A West Palm Beach truck accident lawyer will assist you in gathering the necessary documentation
As the injured party in an auto accident lawsuit in Florida, you or our West Palm beach truck accident lawyers will have to prove the defendant is at fault to recover financial compensation.
In a no-fault insurance claim, however, you do not need to prove fault. If you plan on holding someone else accountable, your attorney can help you establish all of the necessary elements of proof. A West Palm Beach truck accident lawyer can help you collect evidence that may prove the defendant was at fault, including:
- The truck’s black box (event data recorder).
- In-cab footage of the truck driver.
- Cell phone records.
- Truck driver employment documents.
- The truck driver’s medical history and driving records.
- Truck inspection logs and repair reports.
- Trucking company compliance history.
The trucking company will have attorneys and investigators at the scene immediately. Contact our West Palm beach truck accident lawyers as soon as possible after your crash. This can ensure the preservation of key evidence.
Your attorney can make phone calls and file subpoenas to force a trucking company to save evidence, such as documents and data recorders. Then, your lawyer can piece the evidence together to build a case against the defendant(s) on your behalf.
Having a West Palm Beach truccking accident lawyer is essential. Our team of Warriors for Justice will relentlessly fight for your rights.
LaBovick Law Group has experienced attorneys who will fight for you after a semi-trailer truck accident. Schedule a free consultation today.
The most common truck accidents in which our West Palm beach truck accident lawyers can defend you
There are several kinds of road transport accidents that commonly occur:
Underride
When a vehicle doesn’t see a truck slow down or come to a stop, it can slide under the side or rear of a truck. This kind of accident typically results in severe injuries, including death and total loss of the vehicle.
Rollover
A truck that rolls over poses a severe threat to the driver and any surrounding vehicles. This type of accident often occurs due to cargo shifting on an incline or taking too wide of a turn.
Tire Blowout
When a tire blows out, the truck driver can lose complete control of the truck. A tire may blow out, for instance, due to the extreme weight of the vehicle.
Jackknife
When a truck’s attached trailer loses control, it can cause a “jackknife.” A jackknife accident happens when the cab and the trailer face the opposite direction, making the cab unable to move any longer.
T-Bone
One of the easiest truck accidents to occur, and often happens when a truck runs a red light, and a vehicle collides into its side.
Blind Spot Crashes
Blind spots are a huge issue for large trucks because they may not see other vehicles at their side or behind them. When a truck driver cannot see a car in what is known as “No Man’s Land” and changes lanes or makes a turn, the other vehicle can get hit or crushed in a matter of seconds.
Common Causes of truck accidents in West Palm Beach
If your injuries are serious enough to meet Florida’s threshold, such as a broken bone, severe burn, brain injury, or spinal cord injury, your West Palm Beach truck accident lawyer will have to prove the defendant was at fault to hold him or her financially responsible for your losses.
An attorney can help you determine the liable party or parties based on the cause of your truck accident. The most common causes of commercial truck accidents in West Palm Beach, FL include:
- Distracted driving
- Cell phone use
- Driving while fatigued
- Broken hours-of-service rules
- Speeding
- Reckless driving
- Merging or lane-change accidents
- Wide-turn accidents
- Trucking company negligence
- Negligent driver training or retention procedures
- Lack of commercial truck maintenance
- Dangerously loaded cargo
Driver error is the main cause of commercial truck accidents in Florida. Almost all of these types of collisions are preventable. If a careless or reckless truck driver caused your accident, you can most likely hold the trucking company vicariously liable. This is a law that makes most trucking companies responsible for the actions of their on-duty drivers.
If the driver was the owner/operator of the truck, however, and not an employee of the truck company, you may have to bring your case against the individual driver.
Other potential parties you may be able to hold liable are a cargo company, the government, a third-party driver, and a product manufacturer.
Therefore, in order for you to have a guide to the legal process, we recommend that you have a West Palm Beach truck accident lawyer by your side and fight for your rights until you win your case.
Challenges for a West Palm Beach trucking accident lawyer: How trucking companies fight liability
There are several arguments that trucking companies commonly use to avoid liability for accidents:
- Truck drivers are not employees: Companies can be held accountable for the negligent actions of their employees under the legal doctrine “Respondeat superior.”
As a result, trucking companies often claim their drivers are independent contractors rather than employees. While in some cases that may be true, however, companies cannot incorrectly classify truck drivers after an accident to avoid liability.
- Scope of Employment Defense: When a trucking company cannot deny a truck driver’s employment status, their insurance company may try to say that the driver was not considered working at the time of the accident.
Also known as a “scope of employment” defense, employers are only liable for an employee’s actions if the employee was acting “within the scope of employment” at the time.
For example, if a truck driver causes an accident while returning a leased truck to its owner, on a break, or running a personal errand, their trucking company can deny liability since the driver was not working at the time. If the company is successful, then the liability falls on the truck driver.
- Shifting the Blame: Another attempt by a trucking company to avoid responsibility is to place blame on the victim or other parties. In extreme cases, they will destroy evidence of liability, such as data from the truck’s black box or the driver’s logs (record of hours of service).
If the trucking company can successfully shift the blame onto a victim, they can significantly limit payment on a claim. Under Florida’s pure comparative negligence law, parties involved in an accident can still recover compensation if they are partially at fault, but their compensation is reduced accordingly.
For instance, if you are found 40% at fault and awarded $100,000, you will only recover 60% or $60,000.
Do not wait any longer and call a West Palm Beach truck accident lawyer to be with you and not go through this situation alone. The attorney will fight for you to get you the maximum compensation you deserve.
