Steps to Take After a Truck Accident in Florida

In the chaotic aftermath of a truck accident, it’s important to know what to do so that your health and your rights are protected. Are Serrano Law, we aim to empower our community with the knowledge to keep them safe and secure in Florida’s legal system. Read on to learn what to do if such a tragedy happens to you

Safety First

Your health and safety should be the top priority. Even if you feel uninjured, adrenaline can mask symptoms of serious injuries. It’s crucial to seek medical attention promptly. Emergency responders can assess your condition, provide necessary treatment, and document injuries, which is essential for any legal claims later.

Contact Law Enforcement

Immediately notify law enforcement about the accident. A police report is crucial for documenting the incident and can provide valuable evidence for insurance claims or legal proceedings. Provide accurate details to the officers, but refrain from admitting fault or speculating about the cause of the accident.

Gather Information

While at the scene, gather essential information from all parties involved. Obtain names, contact information, insurance details, and license plate numbers from the truck driver and any witnesses. Additionally, take photos of the accident scene, including vehicle damage, road conditions, and any relevant signage.

Preserve Evidence

Preserve any evidence related to the accident. This includes keeping copies of medical records, repair estimates, and correspondence with insurance companies. Do not repair or dispose of your vehicle until it has been thoroughly documented for evidence purposes.

Notify Your Insurance Company

Contact your insurance company as soon as possible to report the accident. Provide them with factual details of the incident without admitting fault or speculating about liability. Your insurer will guide you through the claims process and may provide assistance with medical bills or vehicle repairs.

Michael Serrano

Founding Attorney

Candace “Cea” Hartley

Associate Attorney

Consult with a Truck Accident Attorney

Given the complexity of truck accident cases, consulting with an experienced attorney is highly advisable. A personal injury attorney can assess your case, determine liability, and advise you on your legal options. They can also negotiate with insurance companies on your behalf and, if necessary, represent you in court to fight for fair compensation for your injuries and damages.

Understand Your Rights

It’s crucial to understand your rights under Florida law following a truck accident. In Florida, the statute of limitations for filing a personal injury claim is typically two years from the date of the accident, but certain circumstances may alter this timeframe. Consulting with a knowledgeable attorney can clarify your rights and help you meet all deadlines for filing claims or lawsuits.

Document Your Recovery

Keep detailed records of your medical treatment and recovery process. This documentation can strengthen your case by demonstrating the extent of your injuries and the impact on your daily life. Include medical bills, prescriptions, therapy sessions, and any other expenses related to your recovery.

Mike Serrano’s law office was everything I needed after a very traumatic accident. He was always super up front and honest with me. I never got the feeling he was trying to sell me on something or to do something that I wasn’t comfortable with. He listened to my concerns and when it tough moments came that I needed to stand my ground. He backed me and made me feel 100% secure. He got me exactly what I needed in a settlement and I would never consider using anyone else. His office staff is also phenomenal.”

- Mary

Mike Serrano was a great attorney for my case!! He was very flexible with phone calls/ Zoom meetings. His staff are always friendly, whether it be on the phone or emails. They keep you updated during your entire case! They don’t leave you silent for months. if you call, they always call back with updates! Highly recommend!"

- Kylie Collier Border

I’ve never had to deal with a lawyer before but Mike has set the bar HIGH. He was always available to communicate my concerns and explain each step of the way. I know no other lawyer would have been able to achieve the same results because he jumped on an opportunity that was a little out of the ordinary and it paid off. He really fought for my case and over delivered. I really hope I never have another accident but if I do I’m running to Mike for help."

- Sandy Carter

Stay Cautious with Insurance Offers

Be cautious when dealing with insurance companies, especially if they offer a quick settlement. Insurers may attempt to minimize their liability by offering settlements that do not fully compensate you for your injuries and damages. Consulting with an attorney before accepting any settlement offer is advisable.

The Importance of Legal Representation

Having legal representation is crucial in truck accident cases due to their complexity and potential for serious injuries. Trucking companies and their insurers often have teams of lawyers working to minimize their liability. A truck accident attorney levels the playing field by advocating for your best interests. They have the experience to investigate the accident thoroughly, gather evidence, and build a strong case on your behalf. This includes interviewing witnesses, obtaining accident reports, analyzing trucking company records, and consulting with accident reconstruction professionals if necessary.

Dealing with Insurance Companies

Navigating insurance claims can be overwhelming, especially when dealing with aggressive tactics from insurance adjusters. Insurance companies may try to downplay your injuries, shift blame, or offer inadequate settlements. An attorney understands these tactics and can negotiate for you. They can also handle communication with insurance companies on your behalf, protecting you from making statements that could be misconstrued or used against you later.

Case Results

Car Accident

This client was injured in an auto accident with a driver who improperly merged into her lane. Her vehicle was totaled. She sustained an aggravation of her pre-existing disc herniations in her neck and new disc herniations in her lower back. We obtained the full limits of both the at-fault driver’s bodily injury coverage and our client’s underinsured motorist coverage, which were significant. The settlement was achieved without a law suit and within four months after the client finished treating.

Rear End Collision

This particular client was injured in an accident in late 2015 when she was rear-ended. She sustained an aggravation of pre-existing disc herniations in her neck and a new disc herniation which ultimately required a surgical fusion. By the time of trial, her medical bills exceeded $180,000.00. The Defendants’ offer pre-suit was $20,000.00. We were able to obtain a jury verdict of $441,000.00, plus attorneys’ fees.

Car Accident

A client was injured in a rear-end collision where he sustained an aggravation of a pre-existing disc bulge that developed into a herniation in his lower back. We obtained a jury verdict which was over 6 times what had been offered prior to trial.

Car Accident

In this case, our client injured her shoulder after being struck by a vehicle while she was performing volunteer services. The driver was traveling at such a high rate of speed entering a parking lot that he clipped another vehicle, hit a parking barrier and was launched into a tree. After the client attempted to negotiate with the insurance company prior to hiring us, we were able to obtain an amount that was over double the prior offer.

Intentional Torts

Our client was injured from an assault by a patron of a party while working security. His shoulder required multiple surgeries. He hired our office to pursue a claim to recoup his medical bills, which exceeded $130,000.00. After his assailant offered him $10,000.00 to resolve his case, we took the case to a jury to decide. The jury awarded our client all of his medical bills and tripled his award for pain and suffering.

Car Accident

This client came to us about a car wreck that occurred in 2014 where she sustained injuries. She approached our firm just one week before the statute of limitations was set to expire after being turned away by several other law firms. We filed a lawsuit and were able to obtain the limits of the at-fault driver’s bodily injury coverage and an additional settlement from the client’s insurance carrier.

Truck Crash

This couple was injured in an automobile accident after they were rear-ended in a seven-car pileup caused by a semi-trailer. Of the 15 people who made claims on the same insurance policy, our clients each received the second and third highest offers, which covered all of their past and future medical bills and their attorney’s fees.

Truck Crash

In this case, our client was injured from a rear-end collision with an eighteen-wheeler. Her original lawyer procured a settlement offer of $7,000.00 to settle her case. Because the offer did not approach the amount of bills she incurred from accident related treatment, she came to our firm for a consultation. She decided to hire us. We promptly filed suit and obtained a settlement for her.

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Investigating Liability

Determining liability in a truck accident requires a thorough investigation into various factors, including driver negligence, vehicle maintenance issues, loading errors, and compliance with federal and state regulations. An attorney has the resources and knowledge to investigate these factors and identify all responsible parties. This may include the truck driver, the trucking company, maintenance contractors, or even manufacturers of defective truck parts.

Federal and State Regulations

Truck drivers and companies are subject to strict federal and state regulations designed to ensure safety on the roads. Violations of these regulations can significantly impact liability in a truck accident case. An attorney familiar with these regulations can assess whether violations contributed to the accident and use this information to strengthen your case. Common violations include hours-of-service violations, improper cargo loading, inadequate maintenance, and driver negligence.

Understanding Compensation Options

Injuries from truck accidents can result in significant medical expenses, lost wages, pain and suffering, and other damages. A knowledgeable attorney can help you understand the full extent of your damages and pursue compensation for economic and non-economic losses. This may include compensation for medical bills, rehabilitation costs, lost income, property damage, emotional distress, and loss of enjoyment of life. They can also advise on potential punitive damages if the truck driver or company’s conduct was particularly reckless or egregious.

Negotiating a Fair Settlement

Most truck accident cases are resolved through settlement negotiations rather than going to trial. An experienced attorney will assess the value of your case based on your injuries, damages, and the circumstances of the accident. They will negotiate with insurance companies to achieve a fair settlement that adequately compensates you for your losses. If a fair settlement cannot be reached, they can prepare your case for trial and advocate for your rights in court.

Trial Preparation and Representation

If your case proceeds to trial, having an attorney by your side is essential. They will prepare your case meticulously, gather testimony, and present compelling evidence to the judge and jury. Their goal is to demonstrate liability and prove the extent of your damages beyond a reasonable doubt. Throughout the trial process, they will advocate fiercely on your behalf, striving to achieve a favorable verdict that provides you with the justice and compensation you deserve.

Fighting for Floridians

If you or a loved one has been injured in a truck accident, don’t hesitate to contact Serrano Law. Our experienced team of personal injury attorneys is dedicated to advocating for your rights and helping you navigate the complexities of your case. Schedule a consultation today to discuss your legal options and start your journey toward recovery and justice.