Trucking accidents are often much more complex and catastrophic than typical passenger vehicle accidents. In fact, according to the Federal Motor Carrier Safety Administration (FMCSA), accidents involving big rig trucks result in 10 times the risk of severe injuries or death to victims. Large commercial vehicles, also known as 18-wheelers, tractor-trailers, semi-trucks, or big rigs, can cause astronomical damage and life-changing injuries when involved in accidents with vehicles and pedestrians.
If you suffered any injuries or losses as a result of a trucking accident, consider talking with the team at the Law Offices of Anidjar & Levine to learn how a Winter Park truck accident lawyer can help you seek compensation for your injuries and losses. Call us to schedule your free consultation.
How Big Rig Accidents Differ from Passenger Vehicle Accidents
Every commercial truck driver must obtain a commercial driver’s license (CDL) after passing several tests. Additionally, large commercial truck drivers and trucking companies are bound by law to follow safety guidelines and standards the FMCSA has established. Some of the guidelines include supervision regarding the following activities:
- Amount of rest versus driving time of a truck driver
- The driving safety behavior of truck drivers
- The proper loading and securement of cargo
- Whether drivers operate the trucks according to the rules of the road
- Punishing or terminating drivers who operate a truck under the influence of drugs or alcohol
- Performing standard maintenance checks on all parts of the large truck
- Making sure truck drivers receive proper training and supervision
- Making sure all truck drivers receive a proper background check regarding their driving history or criminal record
The rules and regulations regarding truck drivers and the trucking industry cover many different areas. A victim of a large trucking accident may have the legal right to pursue compensation from several different parties. Therefore, deciding if any of the federal guidelines were in some way violated could substantially alter the trajectory of the case.
Determining Responsibility for Injuries and Losses in a Big Rig Accident
Several parties may have the responsibility to compensate a victim for their injuries and losses suffered because of a big rig accident. Some of those parties include the following:
- The truck driver
- The trucking company that employed the driver
- The cargo loading company
- The manufacturer of defective trucking parts or components
- The truck leasing company
- The truck owner (if different from the trucking company)
One of the major ways a truck accident differs from passenger vehicle accidents is there are quite a number of parties that a victim could legally pursue for compensation for their injuries and losses. A Winter Park big rig accident lawyer at the Law Offices of Anidjar & Levine can explain to you which parties you may have a right to hold responsible, given the unique set of facts and circumstances of your big rig accident.
Types of Injuries in Big Rig Accidents
Just as there are different parties to hold responsible for a big rig accident, the compensation awarded to a victim will also depend directly on the injuries and losses suffered. This will differ in every big rig accident. However, common injuries can often occur as a result of an accident with a large commercial truck. Some of them are:
- Traumatic brain injuries (TBIs)
- Spinal cord injuries
- Whiplash
- Aortic dissection
- Internal organ damage or bleeding
- Fractured or broken bones
- Amputations
- Paralysis
- Burns
- Cuts or lacerations
- Bruising
- Neck injuries
- Nerve damage
- Death
Statute of Limitations in Florida
According to Florida Statutes §95.11(3)(a), big rig accident victims have four years from the date of the truck accident to file a lawsuit seeking compensation for their injuries or losses. If that time expires and you have not filed your case, you could lose the legal right to do so permanently. Therefore, because trucking accident cases take a great deal of time to investigate and prove negligence, the sooner a victim starts building a personal injury case, the better prepared they are for bringing a case to court. Some of the legal issues that you or a loved one will need to resolve before building a case include the following:
- Determining negligence through a complete investigation, including a full detail of all the truck driver’s reports and records, trucking company, cargo-loading company, and maintenance company.
- Full medical records from the victim related to the big rig accident.
- A full report from the victim’s employer regarding the loss of wages, benefits, promotions, vacation and sick leave, employee benefits, and pension contribution.
- A comprehensive report regarding any property damage and vehicle repair or replacement.
- Documentation of the victim’s pain and suffering, including loss of enjoyment of life, inability to perform everyday tasks, and pain suffered daily.
To ensure a victim has the legal right to bring a lawsuit to court after an insurance company fails to provide a full and fair settlement offer, a great deal of work needs to occur to ensure the victim’s rights remain protected. Working with a Winter Park big rig accident lawyer at the Law Offices of Anidjar & Levine can help you better understand all the components of your big rig accident case and what goes into developing a strong personal injury case.
Contact Our Legal Team Today to Learn More
If you have experienced a big rig accident, you likely have substantial injuries and losses. You may feel overwhelmed and unsure of your next steps. We would welcome the opportunity to speak with you to help you understand your legal rights and answer your questions. Call the Law Offices of Anidjar & Levine to schedule a free consultation with us today.
We Can Help.
