Do You Need the Legal Services of a Personal Injury Attorney Following a Commercial Vehicle Accident?
Following an auto accident involving a commercial vehicle, you must take certain steps to protect the viability of your personal injury claim and safeguard your health and well-being.
The first thing you should do is to prioritize your health and the health of your passengers above all else. If another motorist or anyone involved in the collision is injured, you should also seek medical attention for them. Call 911 to summon the police and paramedics to the accident scene. You must be examined by a medical professional, regardless of how minor you believe your injuries are. Accurate medical reports can go a long way toward proving your case and helping you recover compensation from the at-fault parties. Police accident reports will also serve as valuable evidence.
Gather contact information, insurance information, names, and other relevant information from every driver or pedestrian involved in the accident. If a commercial vehicle was involved in the crash, take down any company name or license number information of the commercial driver and their vehicle.
Take photos and videos of the accident scene, including imagery of your injuries, documentation of road conditions, and pictures of the vehicles in the wreck. If there were any witnesses to the commercial vehicle accident, ask for their contact information, as their statements could help strengthen your accident claims.
While you should remain polite, if possible, do not go so far as to admit fault or diminish the severity of your injuries. Anything you say could be interpreted as admitting fault, and an insurance company could devalue or dismiss your case.
It is highly recommended that you retain the professional legal counsel of experienced motor vehicle accident attorneys following a commercial vehicle accident. Our Florida law firm has extensive experience representing clients and auto accident cases, including the complexities involved in commercial vehicle accident cases. To learn more about our legal services and how we can assist you, please schedule a free case evaluation with our legal team today.
Are Commercial Vehicle Accidents More Legally Complex Than Other Auto Accidents?
Accident cases involving commercial vehicles and drivers have unique challenges and complexities.
Multiple defendants are usually involved in commercial accidents, including drivers, vehicle manufacturers, commercial companies, cargo loaders, third-party maintenance providers, and more. The case will become more complicated and challenging to resolve because several liable parties are potentially involved in the accident. Every party held liable in your commercial vehicle accident case will likely retain legal representation to defend their interests, so you must do the same.
Additionally, commercial vehicles such as big rigs, semi-trucks, delivery vans, and other types of vehicles are generally larger and heavier than most passenger cars. Because they are bigger, commercial vehicles are usually more capable of causing catastrophic damage to other vehicles and occupants—the more severe the damage, the higher the medical bills in most cases.
Federal motor carrier safety regulations govern several aspects of the commercial trucking industry, such as vehicle inspections and driver qualifications. Florida also has its rules for commercial vehicles that operate within the state. These regulations must be abided by, or there could be consequences for those who violate them.
Commercial vehicle companies also typically carry higher insurance coverage than most motorists on the roads in Florida. However, dealing with these insurance companies can be a legal challenge, as they will do everything they can to minimize payouts to injured parties.
What is Considered a Commercial Vehicle?
Vehicles whose primary functions include transporting passengers or goods for a fare may be considered commercial vehicles. Commercial vehicles range from delivery trucks, passenger vans, and semis to tractor-trailers. However, certain buses, rideshare vehicles, and taxis may also be considered commercial vehicles.
Any vehicle registered or titled to a business will be classified as a commercial vehicle in Florida. Additionally, commercial vehicles can include cars that meet the following criteria:
- Vehicles that exceed a specific weight limit
- Cars used for business
- Automobiles used to carry 16 passengers or more
- Motor vehicles used to ferry hazardous materials
- Cars leased and in the name of the financial entity that owns them
Our law firm can help with accidents involving FedEx trucks, delivery vans, dump trucks, flatbed trucks, Amazon vans, UPS trucks, construction vehicles, garbage trucks, tractor-trailers, big rigs, tow trucks, and flatbed trucks.
How Do State and Federal Regulations Figure into Commercial Accidents?
The commercial trucking industry is subject to several regulations at both the state and federal levels. These regulations include factors like hours of service, truck weight limits, maintenance requirements, and several more.
Federal regulations include the following:
- FMCSR rules that set safety standards for commercial motor vehicles and their drivers
- Hours of service regulations that mandate maximum driving hours and mandatory rests
- Electronic logging device mandates, which are used to track driver hours electronically
State laws also significantly determine the liability of parties involved in a commercial vehicle accident. To learn more about how Florida’s regulations may relate to your accident case, please get in touch with our law firm to schedule your free initial consultation.
Who May Be Held Liable in a Commercial Vehicle Accident?
In Florida, anyone whose actions contributed to the cause of an accident may be potentially held responsible and could be liable for financial damages.
Depending on the unique facts of your case, responsible parties may include the following:
- The commercial vehicle driver
- Drivers of third-party vehicles involved in the commercial vehicle crash
- Employers of negligent commercial vehicle drivers
- Companies responsible for maintaining commercial vehicles
- The company responsible for loading and securing a commercial vehicle’s cargo
- Government agencies and entities
- Bicyclists or pedestrians involved in the crash
In many cases, truck drivers do not own their vehicles. Instead, they are hired by a trucking company to operate the car on their behalf. In such cases, employment law theories may allow you to hold an employer accountable for their employee’s negligent driving.
Can a Personal Injury Lawyer Help You Seek Compensation?
With a well-argued case and sound legal strategy, seeking financial compensation for your injuries and other losses is possible. This compensation may come in the form of both economic and non-economic damages.
Compensation you may be able to recover in a commercial vehicle accident case includes the following:
- Past medical bills and future medical expenses
- Lost wages and lost income earning capacity
- Physical therapy expenses
- Nursing home or long-term care expenses
- Disability, disfigurement, or dismemberment
- Physical pain and suffering
- Emotional distress and mental anguish
- Property damage and vehicle repairs
- Loss of quality of life
- Lost companionship or consortium
- Funeral or burial expenses
- Wrongful death
As your personal injury legal representation, our lawyer will examine the facts of your case and determine the proper strategy to help you pursue the maximum compensation for your injuries and financial losses.
Schedule a Free Consultation with an Experienced Motor Vehicle Accident Attorney Today
In addition to offering free consultations to prospective new clients, our Florida law firm also operates on a contingency fee basis, meaning that you pay no fees until you win your case.
To learn more about our legal services and how we can assist you and your loved ones in pursuing financial recovery and holding at-fault parties accountable for their actions, please contact our Plantation-based law firm to schedule a free case review with our legal team today.
You can reach us at 786-305-3658.
