Large truck accidents can be deadly. When crashes involve fuel trucks, the danger is only increased by the flammable and hazardous material these vehicles carry.
If a collision involving a fuel truck hurt your or your loved one, you may not know where to turn to for help. In accidents with commercial vehicles, there are often multiple parties that could be financially responsible for your injuries.
A Winter Park truck accident lawyer can help you determine your best course for seeking compensation for your damages. Contact the Law Offices of Anidjar & Levine to find out how we can assist with your case.
Truck Accident Liability
More than one party may be liable for your injuries. The driver of the fuel truck could be responsible, but so could the company they drive for, the company that owns the transported fuel, or the entity that filled the truck.
In some instances, driver error may be the clear cause of your crash. This could be the case if the fuel truck driver was speeding, driving under the influence of alcohol, committing a traffic violation, or otherwise driving recklessly.
Fuel trucks are commercial vehicles. As such, they are subject to rules regarding vehicle size and weight. Commercial drivers must follow regulations on how long they may drive without taking a break and other drive-time restrictions established by the Federal Motor Carrier Safety Administration (FMCSA).
It could be that one of the parties involved violated an FMCSA safety standard or did not ensure fuel was properly secured. Maybe a driver violated hours of service regulations under pressure from their employer to speed up delivery. You may be able to sue the driver’s employer or another party based on the legal principle of vicarious liability, which maintains that a supervisor or other entity bears responsibility for their employees’ negligence in some situations.
This sounds complicated, but a Winter Park fuel truck accident lawyer can investigate the specifics of your accident and decide how you should proceed with your case. You do not have to face your legal battle alone. Call the Law Offices of Anidjar & Levine.
Large Truck Accidents Are Fatal and Injurious
Trucks are much heavier than passenger cars and take a much longer time to slow down and stop. When large trucks and passenger vehicles collide, the occupants of the smaller, lighter vehicle are at a greater risk for injuries and fatalities. According to the National Highway Traffic Safety Administration (NHTSA), nearly 5,000 people died in a vehicle accident involving a large truck in 2017. More than 70% of these fatalities were the occupants of passenger vehicles.
Fuel truck accident victims can suffer serious injuries, including traumatic brain injuries (TBIs), neck and spinal injuries that may lead to paralysis, loss of a limb, severe scarring and disfigurement, and burns. Severe injuries can be life-altering. TBIs can cause permanent physical and mental impairment. Paralysis or amputation can forever change the way you live.
Recovering Damages
The parties liable for your injuries should pay their fair share of your damages. Trucking companies, drivers, and the company that owns the fuel carry insurance. This avenue is your first option for pursuing compensation. You can seek an insurance settlement for economic damages, including:
- Medical bills: According to HealthCare.gov, a broken leg can cost $7,500 in medical bills. Three days in the hospital can add up to as much as $30,000. Even with medical insurance, you are responsible for a deductible and a percentage of your care. This can be expensive. There are also limits to how much an insurer will pay annually or over your lifetime. What happens if you exceed your coverage? What do you do if you need follow up treatments, in-home care, or months of physical therapy? An attorney can help you negotiate an insurance settlement that adequately covers your past and future medical needs.
- Property damages: If you were in an accident with a fuel truck, the truck’s weight and size might have totaled your vehicle. You can seek compensation for replacing your car or making repairs, if possible.
- Lost wages: If your injuries are severe, you may not be able to work while you recover. Your lawyer can make sure your insurance payout includes money to cover your lost wages so that you can maintain your household expenses. You may also win additional awards if your injuries impact your ability to return to your job.
It may benefit you to have a fuel truck accident lawyer look over any settlement offer you receive. A lawyer may be able to negotiate a more favorable agreement. If the insurance company refuses to offer you a fair agreement, you can take your case to court.
In a lawsuit, you can pursue additional awards for your pain and suffering. You may also sue for your family member’s wrongful death if they died because of a fuel truck accident. Working through the insurance claims process and then building a legal case can take time.
If your case goes to court, you want to make sure you hire an attorney before the statute of limitations runs out. Florida Statutes §95.11 allows four years for personal injury claims and two years for wrongful death.
Helping Victims Heal
If you or your family member suffered because of a fuel truck accident, the Law Offices of Anidjar & Levine want to assist you. If a negligent driver, trucking company, or other party caused your injuries, a Winter Park fuel truck accident lawyer might be able to help you fight for a settlement.
The last thing you need to worry about is bills or legal battles while you heal. You worry about getting better. We take care of everything else. A member of our team can provide you with more information about personal injury attorneys and get you started with a free consultation.