Truck Accident Lawyer in Daytona Beach

Representing Clients throughout Florida

If you have been injured in a truck accident through no fault of your own, it is important that you understand your rights to compensation for your losses. At Politis & Matovina, P.A., our Daytona Beach truck accident lawyers work diligently to provide the answers you need when seeking compensation for your medical bills, lost wages, property damage, and pain and suffering.

The most important thing you can do to protect you and your family is to act fast! Evidence disappears in these cases but our team of investigators and engineers are ready, willing and able to make sure that does not happen!

Florida Truck Driver Laws and Regulations

Federal law governs when truck drivers can be on the road and when and how long they must rest. These laws are called hours of service regulations and they are regulated by the Federal Motor Carrier Safety Administration (FMCSA). By law, truckers are not allowed to work longer than 14 hours.

This 14-hour window includes meal and rest breaks. After the 14 workday is over a driver must rest for at least 10 consecutive hours before returning to work. Within the 14-hour work window, a trucker is only allowed to drive for a total of 11 hours. Truckers are also mandated days of work even on the road.

These days off are regulated by how many days a week a trucking company is open and is often referred to as the 60/70 rule. If a business is open seven days a week, a driver must take 34 consecutive hours off after working 70 hours in an eight-day period. Likewise, if a company is open five to six days a week a driver can only work up to 60 hours in a seven day period before taking a 36-hour break.

Common Causes of Truck Accidents

At any given time, thousands of semi-trucks are making their way up busy shipping lanes like I-95, I-75, and I-4. Unfortunately, these trucks don’t always make it to their destination safely – some are involved in serious accidents that leave unsuspecting drivers with life-altering injuries. The approximate amount of people injured in truck accidents across the U.S. is 140,000. The injuries in these crashes are much more likely to be traumatic and life-altering due to the sheer size and weight of these vehicles.

There are many factors that can go into causing a truck accident. Our skilled team of attorneys can work to determine the cause of the accident through thorough investigation.

Truck accidents are commonly caused by the following:

• Fatigued driving
• Drunk driving
• Inadequate training
• Insufficient maintenance
• Faulty vehicle part
• Poor road conditions

Your Daytona Beach truck accident lawyer understands the unique nature of truck accident cases and offers the guidance you need to pursue compensation that covers your immediate losses and any ongoing care that may be necessary to recover or adapt to a new lifestyle.

Common Truck Accident Injuries

Truck accidents can result in severe and life-altering injuries due to the sheer size and weight of commercial trucks. Common injuries include:

• Spinal cord injuries
• Traumatic brain injuries (TBI)
• Fractures and broken bones
• Internal organ damage
• Whiplash and neck injuries
• Severe lacerations and contusions
• Amputations
• Burn injuries
• Post-traumatic stress disorder (PTSD)

These injuries often require extensive medical treatment, rehabilitation, and ongoing care, placing a significant financial burden on the victims and their families.

Who is Liable for a Truck Accident?

Unlike a car accident where the party responsible for the accident is usually the one held liable, several people can be held responsible for a truck accident, including:

• The trucking company: It is not uncommon for trucking companies to encourage their drivers to break FMCSA regulations, or cut other corners in order to help their bottom line creating a higher likelihood of an accident
• The truck driver When a truck driver is an independent contractor instead of an employee of the company they drive for or if they own the truck, they can be held liable. Additionally, if a driver was engaging in unlawful behavior at the time of the accident, such as drinking and driving, they can be held responsible.
• The truck manufacturer It is possible for an accident to be caused by a defective auto part, in which case the manufacturer of the truck may be held liable for the accident
• Cargo loaders If a truck’s cargo is not loaded properly it can create an accident since the weight will not be distributed as it should throughout the truck. In this case, the cargo loaders may be held liable.

Types of Damages in Truck Accident Cases

Truck accidents often result in significant physical, emotional, and financial losses for the victims and their families. In truck accident cases, various types of damages may be available to compensate for these losses. Understanding the types of damages can help you assess the full extent of your claim and pursue fair compensation.

Economic Damages

Economic damages are tangible and quantifiable losses that can be measured in monetary terms. They include:

• Medical Expenses: Compensation for all past and future medical bills related to the truck accident, such as hospitalization, surgeries, medications, rehabilitation, and ongoing medical care.
• Lost Wages: Reimbursement for the income you lost due to the injuries, including past and future earnings, sick leave, vacation days, or benefits.
• Property Damage: Compensation for the repair or replacement of your damaged vehicle and any personal property inside the vehicle that was affected by the accident.
• Loss of Earning Capacity: If the injuries result in a permanent disability or impairment that reduces your ability to earn a living, you may be entitled to compensation for the loss of future income and earning capacity.

Non-Economic Damages

Non-economic damages are subjective losses that are challenging to quantify in monetary terms. They may include:

• Pain and Suffering: Compensation for the physical pain, emotional distress, and mental anguish caused by the truck accident and resulting injuries.
• Loss of Consortium: Damages awarded to the spouse or family members for the loss of companionship, love, and support of the injured party.
• Loss of Enjoyment of Life: Compensation for the loss of the ability to engage in activities and experiences that were once enjoyed due to the injuries sustained in the truck accident.
• Punitive Damages: In some cases, punitive damages may be awarded in addition to economic and non-economic damages. Punitive damages are meant to punish the at-fault party for gross negligence, reckless behavior, or intentional wrongdoing. Their purpose is to deter similar conduct in the future.

Each truck accident case is unique, and the types of damages you may be eligible to claim will depend on the specific circumstances of your situation. An experienced Daytona Beach truck accident lawyer at Politis & Matovina, P.A. can assess your case, calculate the full extent of your damages, and fight for fair compensation to help you recover and rebuild your life after the accident.

What To Do After A Truck Accident

After a truck accident, prioritize your safety and well-being. If you are severely injured and unable to take immediate action, seek medical attention as soon as possible. If possible, document the accident scene, take photos or videos of vehicle damage, and collect contact information from witnesses.

Report the accident to the police and obtain a copy of the accident report. Avoid discussing fault or admitting guilt with anyone, including insurance representatives, until you've consulted with a truck accident lawyer.

Reasons to Hire a Truck Accident Lawyer

Hiring a truck accident lawyer is essential to protect your rights and maximize your chances of receiving fair compensation. A skilled attorney can:

• Thoroughly investigate the accident to determine liability and gather evidence.
• Handle communication with the insurance companies on your behalf.
• Calculate the full extent of your damages, including medical expenses, lost wages, pain and suffering, and future medical needs.
• Negotiate with the at-fault parties and their insurance carriers for a fair settlement.
• Represent you in court if a trial becomes necessary.
• Provide personalized guidance and support throughout the legal process.

A truck accident lawyer can advocate for your best interests and ensure that you receive the compensation you deserve for your injuries and losses.

Free Case Evaluations with Politis & Matovina, P.A.

If you have been injured in a truck accident, it is important to take action as quickly as possible – there are key steps that can be taken immediately after your accident to strengthen your case for compensation. Hire our Daytona Beach truck accident attorney as quickly as possible; do not take on the insurance company alone. The right attorney can improve your chances of recovering the compensation you deserve for your losses.

Our Daytona Beach lawyers have successfully recovered compensation for countless victims of truck accidents, both through settlement and through favorable verdicts. We have the experience, the aggressive approach and the attention to detail you need to pursue justice for your injuries.