Ormond Beach Truck Accident Attorneys

Representing Victims of Semi-Truck Crashes in Florida 

Truck accidents are some of the most devastating and deadly motor vehicle accidents that occur on our roadways. When a large commercial truck collides with a smaller passenger vehicle, the occupants of the smaller vehicle are at a significant disadvantage. The occupants of the smaller vehicle are often killed in the crash.

Those who do survive a truck accident often suffer catastrophic injuries that require extensive medical treatment and ongoing care. If you or someone you love has been injured in a truck accident, you may be entitled to compensation for your medical bills, lost wages, pain and suffering, and more.

At Politis & Matovina, P.A., our 18-wheeler accident attorneys are committed to helping truck accident victims and their families fight for the justice they are owed. Our truck accident lawyers in Ormond Beach have been serving the community since 1993, and we have a proven history of success in even the most complex cases.

Injured in a truck crash and unsure where to turn? Call Politis & Matovina, P.A. today at (386) 333-6613 or contact us online to protect your rights and explore your options for compensation!

Common Causes of Truck Accidents

A variety of factors can trigger truck accidents. In many instances, multiple factors contribute to the cause of a truck accident. Our Ormond Beach truck accident attorneys can help you determine the cause of your accident and identify who is liable for your damages.

Some of the most common causes of truck accidents include:

• Driver Error: Truck driver error is one of the leading causes of truck accidents. This includes all forms of driver negligence, such as speeding, tailgating, failing to yield the right of way, running red lights, and more. It also includes driver impairment, such as driving under the influence of drugs or alcohol, and driver fatigue.
• Truck Defects: When a truck is defective, it can cause a serious accident. This includes defects in the truck's tires, brakes, steering system, etc. Sometimes, the trucking company or truck manufacturer may be liable for a truck defect.
• Improperly Loaded Cargo: When cargo is not correctly loaded onto a truck, it can cause the truck to become unbalanced and difficult to control. This can lead to a serious accident.
• Truck Company Negligence: Trucking companies must hire qualified drivers, ensure their drivers are adequately trained, and maintain their trucks. When a trucking company fails to fulfill these duties, it can be held liable for any accidents that occur as a result.
• Third-Party Negligence: Truck accidents can also be caused by the negligence of a third party. For example, if a truck driver is involved in an accident because another motorist was driving recklessly, the other motorist may be liable for the truck driver's damages.

In addition, weather conditions and road hazards frequently contribute to truck accidents. Slick roads, poor visibility, and sudden weather changes can create dangerous situations for large trucks, requiring drivers to adapt quickly. Regulatory non-compliance, such as exceeding weight limits or failing to adhere to mandated rest periods, also plays a role in causing accidents.

Liable Parties in Truck Accident Cases

Truck accident claims are often more complex than other motor vehicle accident claims. This is because multiple parties may be held liable for a truck accident.

Depending on the circumstances, the following parties may be held liable for a truck accident:

• The Truck Driver: If the truck driver was negligent in any way, they may be held liable for the accident. This includes cases involving driver error, driver impairment, and more.
• The Trucking Company: Trucking companies must hire qualified drivers, ensure their drivers are adequately trained, and maintain their trucks. If a trucking company fails to fulfill these duties, it can be held liable for any accidents that occur as a result.
• The Truck Manufacturer: If a defect in the truck causes a truck accident, the truck manufacturer may be liable for the accident.
• The Cargo Loading Company: If a truck accident is caused by improperly loaded cargo, the company responsible for loading the cargo may be liable for the accident.
• A Third Party: In some cases, a truck accident may be caused by the negligence of a third party. For example, if a truck driver is involved in an accident because another motorist was driving recklessly, the other motorist may be liable for the truck driver's damages.

In certain circumstances, liability may also extend to maintenance providers if it is determined that improper upkeep contributed to the accident. Additionally, the truck leasing company might share responsibility if they ignored safety standards while renting out the vehicle. Understanding these intricate liabilities requires in-depth investigation and proficient legal guidance.

What to Do After a Truck Accident

After a truck accident, taking the necessary steps to protect your health and rights is important. If you are physically able to do so, you should take the following steps after a truck accident:

• Call 911: If you or anyone else involved in the accident is seriously injured, you should call 911 right away. The dispatcher will send an ambulance and law enforcement officers to the scene of the accident.
• Seek Medical Attention: Even if you do not believe you were seriously injured in the accident, you should still seek medical attention. Some injuries, such as traumatic brain injuries and internal organ damage, may not be immediately apparent. A doctor can evaluate your condition and determine if you have any injuries that require treatment.
• Report the Accident: You should immediately report the accident to your insurance company. However, you should avoid providing a recorded statement to the insurance company until you have spoken to an attorney. The insurance company may use your statement against you to deny your claim or reduce its value.
• Document the Accident: You should take photos of the accident scene, your injuries, and the damage to your vehicle. You should also write down the names and contact information of any witnesses to the accident. If you cannot, ask someone else to do it for you.
• Do Not Admit Fault: You should avoid admitting fault for the accident, even if you believe you may have been partially to blame. In Florida, you can still recover compensation for your damages even if you were partially at fault for the accident. However, your damages will be reduced by the percentage of your fault.
• Do Not Accept a Settlement Offer: You should avoid accepting a settlement offer from the insurance company until you have spoken to an attorney. The insurance company may try to get you to accept a lowball settlement offer that does not fully cover your damages.
• Contact a Truck Accident Attorney: You should contact an experienced truck accident attorney immediately after the accident. An attorney can help you understand your rights and guide you through filing a claim.

Avoid discussing the accident on social media or posting photos online, as these can be misconstrued or used against you in legal proceedings. Maintaining a personal journal documenting your medical appointments, symptoms, and the impact of injuries on your daily life is also helpful. These records can provide crucial evidence of your experiences and recovery process.

How Long Do I Have to File a Truck Accident Lawsuit in Florida?

In Florida, the statute of limitations for truck accident lawsuits is generally two years from the accident date. If you do not file a lawsuit within this time frame, you will likely lose your right to recover compensation for your damages.

However, there are some exceptions to this general rule. For example, if the truck driver who caused the accident was a government employee, you may be required to file a notice of claim within months. If you fail to file a notice of claim within the required time frame, you may lose your right to file a lawsuit.

For these reasons, contacting an attorney as soon as possible after a truck accident is essential. An attorney can help you understand the statute of limitations for your case and ensure all required paperwork is filed on time.

Local Laws & Truck Safety Regulations in Ormond Beach

In Ormond Beach, truck drivers and companies must adhere to state and federal safety regulations, designed to protect all motorists. Florida follows the Federal Motor Carrier Safety Regulations (FMCSR), which govern everything from driver qualifications to vehicle maintenance. These rules are crucial, as they aim to prevent fatigue-related incidents by limiting drivers to 11 hours of driving within a 14-hour workday, followed by at least 10 hours off duty.

Additional local ordinances address specific roadways prone to high truck traffic in Ormond Beach. The Florida Department of Transportation (FDOT) also imposes strict rules on weight limits and axle loads that must be rigorously followed to prevent roadway damage and minimize accident risks. Failure to comply with these regulations can lead to substantial fines and liability in the event of an accident, impacting both the truck driver and the trucking company. Understanding these legal frameworks is essential for responsible operation within the region.

Contact Our Ormond Beach Truck Accident Lawyers Today

Truck accident claims are often more complex than other types of motor vehicle accident claims. Multiple parties may often be held liable for a truck accident. Additionally, truck accident claims often involve more serious injuries and higher damages than other motor vehicle accident claims.

At Politis & Matovina, P.A., we have extensive experience handling even the most complex truck accident claims. We can help you understand your rights and options and guide you through the process of filing a claim. Our truck accident attorneys in Ormond Beach can also help you gather the evidence needed to prove liability and calculate the full extent of your damages.

Our team ensures you receive comprehensive support during this challenging time. We work diligently to liaise with medical professionals, insurance companies, and potential witnesses, ensuring your claim is prepared thoroughly and strategically. Our commitment to our clients extends beyond the courtroom, providing ongoing guidance and support throughout the legal journey.

FAQ About Truck Accidents

What Are the Most Commonly Reported Injuries in Truck Accidents?

Truck accidents often result in severe injuries due to the size and weight disparity between trucks and passenger vehicles. Commonly reported injuries include traumatic brain injuries, spinal cord damage, fractures, and internal injuries. Victims may also experience severe lacerations and contusions, as well as psychological trauma resulting from the accident. Due to the nature of these injuries, extensive rehabilitation and ongoing medical care are often necessary. Addressing these injuries promptly and comprehensively is crucial for recovery, underlining the importance of seeking immediate medical evaluation following a truck collision.

How Can a Truck Accident Lawyer Assist With Insurance Negotiations?

An experienced truck accident lawyer can be instrumental in negotiating with insurance companies by leveraging their understanding of policy details and legal standards. They advocate for fair compensation by presenting evidence, such as medical records and accident reports, to substantiate claims. Lawyers also handle all communications with insurers, protecting clients from potentially manipulative tactics to minimize payouts. This strategic negotiation is essential, as it seeks to ensure that victims receive compensation that reflects the full extent of their losses, including medical expenses, property damage, and lost wages.

What Should I Avoid Doing After a Truck Accident?

After a truck accident, it's important to avoid several actions that could jeopardize your claim. First, do not admit fault or discuss accident details without legal counsel. Avoid signing any documents from insurance companies or making recorded statements until consulting with an attorney. It’s also essential not to neglect immediate medical evaluation, even if you believe your injuries are minor. Lastly, refrain from posting accident-related information on social media, as insurers can use this content against you. Consulting with a lawyer helps in navigating these complexities effectively.

How Are Damages Calculated in Truck Accident Claims?

Damages in truck accident claims are calculated by considering multiple factors, including medical expenses, future rehabilitation costs, lost wages, and the impact on one's quality of life. Non-economic damages, such as pain and suffering or emotional distress, are evaluated based on the severity and lasting impact of injuries. Legal teams use detailed evidence such as medical documentation, expert testimony, and economic reports to determine a comprehensive compensation value. This thorough evaluation ensures that victims adequately compensated for for tangible and intangible losses.

Why Is Early Legal Intervention Important in Truck Accident Cases?

Early legal intervention in truck accident cases is vital for preserving evidence, interviewing witnesses, and building a strong claim. The complexity of truck accidents often involves multiple parties and intricate liability issues. By engaging legal counsel promptly, clients ensure a thorough investigation and adherence to all procedural deadlines. Immediate legal action facilitates effective protection of the client's rights and positions them favorably for negotiations or litigation. This timely involvement is crucial for securing maximum compensation and navigating the complexities of truck accident claims efficiently.

Get the dedicated representation you deserve. Contact our experienced Ormond Beach truck accident attorneys now for a free consultation!