Investigating Truck Accidents in Florida: Key FAQs

If you are here, it is likely because you or a loved one has been involved in a truck accident in Florida. We understand how overwhelming it can be to face such a difficult situation, especially when you are dealing with confusion and worry about what comes next. In times like these, having the right legal support can make all the difference. At our firm, we are here to provide guidance, answer your questions, and help you navigate the complexities of a truck accident case.

Truck accidents are not like regular car accidents. The involvement of large commercial trucks introduces unique challenges in terms of liability, investigation, and insurance claims. In Florida, where truck traffic is heavy, these accidents often result in severe injuries or fatalities, which makes a thorough investigation crucial. To help you understand what to expect in the process of investigating a truck accident, we have compiled answers to some of the most frequently asked questions.

Why Is Investigating a Truck Accident Different from Other Accidents

Truck accidents often involve more complex issues than typical vehicle accidents. The size and weight of a truck mean that the force of impact in a collision can be immense. This can lead to serious injuries or even death. Investigating a truck accident requires a detailed analysis of various factors such as the driver’s history, the truck’s maintenance records, and whether the driver followed safety regulations. This is where an experienced attorney can be invaluable in making sure that all aspects of the case are examined thoroughly.

Unlike car accidents, where the driver’s actions might be the primary concern, truck accident investigations often involve several parties. These could include the trucking company, maintenance crews, or even the manufacturer of the truck or parts involved. A skilled attorney will know how to gather the necessary evidence to support your case and ensure that all responsible parties are held accountable.

What Kind of Evidence Will Be Collected in a Truck Accident Investigation

After a truck accident, gathering the right evidence is crucial for building a solid case. There are many types of evidence that need to be collected to understand what happened and who is at fault. This could include police reports, eyewitness statements, photographs of the scene, and medical records of the injuries sustained. But when it comes to truck accidents, additional evidence must also be considered.

Michael Serrano

Founding Attorney

Candace “Cea” Hartley

Associate Attorney

One important element in investigating truck accidents is the truck’s electronic data recorder, also known as the “black box.” This device records critical data about the truck’s speed, braking, and the driver’s actions leading up to the crash. This information can help determine if the driver was speeding, driving recklessly, or if there were mechanical issues that contributed to the accident. Additionally, maintenance records and driver logs are essential to investigate whether the truck was in good working condition and whether the driver had been properly trained.

In truck accident cases, it is vital to act quickly because critical evidence, such as the black box data or the truck’s maintenance logs, can be destroyed or altered. This makes it important to involve an attorney who can quickly begin gathering and preserving this evidence to strengthen your case.

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

Who Can Be Held Liable for a Truck Accident

Liability in a truck accident is not always straightforward. Unlike accidents involving only passenger vehicles, truck accidents can involve multiple parties. The most obvious party is the truck driver, but the trucking company, maintenance contractors, or even the manufacturer of truck parts might also bear some responsibility.

In Florida, the trucking company may be held liable for the actions of its driver if they were negligent in any way, such as failing to enforce safety regulations or not properly maintaining the truck. The company could also be held responsible for overworking drivers, leading to accidents caused by driver fatigue. If faulty equipment or maintenance issues played a role in the accident, then the company responsible for maintaining the truck may be held accountable.

Furthermore, if the truck’s manufacturer produced defective parts that led to the accident, they could also be held liable. In some cases, multiple parties may be at fault, and your attorney can help determine which parties should be held responsible for your injuries and damages.

How Long Will It Take to Investigate a Truck Accident

The time it takes to investigate a truck accident can vary depending on the complexity of the case. In some instances, a straightforward case may be resolved relatively quickly, while more complicated cases could take longer. Several factors can influence the timeline of a truck accident investigation.

For example, obtaining key evidence such as the black box data or truck maintenance records may take time if the responsible parties are uncooperative. If there is a need to gather testimony or conduct accident reconstructions, this can also extend the investigation timeline. Additionally, if the case involves multiple parties, each of them will need to be investigated thoroughly.

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While a detailed investigation is important to ensure that all responsible parties are held accountable, rest assured that your attorney will work diligently to move the case forward as efficiently as possible. A thorough investigation will ultimately increase your chances of securing a successful outcome for your case.

What Compensation Can I Expect from a Truck Accident Case

One of the most important questions for anyone involved in a truck accident is what kind of compensation they can expect. Truck accidents often result in serious injuries, which can lead to substantial medical bills, lost wages, and pain and suffering. Compensation in a truck accident case can cover a wide range of damages, including medical expenses, property damage, lost income, and emotional distress.

In some cases, if the accident was caused by gross negligence or intentional misconduct, punitive damages may also be awarded. These damages are meant to punish the responsible party and deter similar behavior in the future. However, the amount of compensation you can expect will depend on the specific details of your case, including the severity of your injuries, the liability of the parties involved, and the available insurance coverage.

It is important to note that Florida has specific laws governing the amount of compensation you can receive in personal injury cases. For example, Florida operates under a comparative negligence rule, which means that if you were partially at fault for the accident, your compensation may be reduced in proportion to your degree of fault.

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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How Can an Attorney Help with My Truck Accident Case

When you are facing the aftermath of a truck accident, the process of filing a claim and navigating the legal system can feel daunting. This is where an attorney can step in to guide you through the process and help you secure a successful case result. A truck accident lawyer will handle all aspects of the case, including investigating the accident, gathering evidence, negotiating with insurance companies, and representing you in court if necessary.

At our firm, we understand the unique challenges that come with truck accident cases. We have the experience and resources to conduct a thorough investigation and identify all parties responsible for your injuries. Our goal is to ensure that you receive the compensation you deserve for your medical bills, lost wages, and emotional distress.

If you or a loved one has been injured in a truck accident, we are here to help. Contact us today to discuss your case and take the first step towards obtaining the justice you deserve. We understand the challenges you are facing and will work tirelessly to protect your rights and secure a favorable outcome for your case. Let us handle the legal complexities while you focus on your recovery.

To learn more about this subject click here: Understanding Florida No-Fault Insurance and Truck Accidents