18 Wheeler Accident Lawyers Vero Beach
Vero Beach, FL
Big rigs or 18-wheelers are a crucial part of our economy. These large commercial motor vehicles deliver goods throughout Florida. Yet while 18-wheelers and tractor trailers are necessary, they can also be incredibly dangerous. In fact, in 2022 alone, 34 people were killed in crashes involving big trucks in Florida – and 1,902 people were injured.
If you are hurt in an 18-wheeler accident in Florida’s Treasure Coast, you may be able to file a personal injury lawsuit against the at-fault driver, the trucking company, and/or other liable parties. Through a personal injury claim, you can recover financial compensation for your property damage, lost wages, medical bills, pain and suffering, and other losses. A Vero Beach personal injury attorney can help you get maximum compensation for your losses.
At Gould Cooksey Fennell, we fight for the rights of injury victims throughout Indian River County. We offer free initial consultations and never charge a fee in personal injury cases unless we recover money for you. To learn more or to schedule a free appointment with a Florida 18-wheeler accident lawyer, reach out to our law offices today.
Compensation in a Florida Truck Accident Case
In a personal injury case, you may be entitled to three types of damages: economic, non-economic, and punitive damages. Economic and non-economic damages are compensatory damages because they compensate an accident victim for their losses. Punitive damages are awarded as a way to punish an at-fault party who acted intentionally or recklessly.
Economic damages pay for direct financial losses. They are often proven through documentation like pay stubs, car repair estimates, and medical bills. Examples of economic damages include lost wages, reduced earning capacity, property damage, medical expenses, and the cost of future medical treatment.
Non-economic damages pay for indirect losses. These damages can be harder to quantify, but they are just as important as economic damages. They include money for things like pain and suffering, loss of enjoyment of life, scarring, disfigurement, and emotional distress.
Punitive damages are not awarded in every personal injury case. Instead, they may be awarded after a trial where a judge or jury determines that the at-fault party acted intentionally or recklessly. In Florida, there is a cap on punitive damages – $500,000 or 3 times compensatory damages, whichever is greater.
If a loved one dies in an 18-wheeler accident, you may be able to file a wrongful death claim. The estate of the deceased person can file a lawsuit to seek compensation for losses such as medical bills, funeral and burial expenses, lost earnings, mental pain and suffering, loss of companionship and protection, and loss of support and services. Our legal team can work with you to help you get maximum compensation for a fatal 18-wheeler accident in Florida.
Filing a Lawsuit for an 18-Wheeler Accident
If you are hurt in a collision with a big rig, you may be able to file a lawsuit against the truck driver, the trucking company, and other parties (such as the manufacturer of a dangerous or defective part). Typically, these cases are based on a theory of negligence or carelessness. In some cases, you may pursue a claim for reckless or intentional conduct – like drunk driving.
Under Florida law, employers (such as trucking companies) can be held responsible for the actions of their employees under the doctrine of respondeat superior. Under this theory, an accident victim can file a personal injury lawsuit against a trucking company – and not just the trucker. This is important because the company is much more likely to have a large insurance policy, which means that you are more likely to get the compensation that you deserve for your losses.
Importantly, truck accidents are different – and often more complicated – than a typical car accident claim for several reasons. First, in an 18-wheeler accident, victims often have much more severe injuries given the difference in size between the vehicles. When an injury victim suffers catastrophic injuries, insurance companies may be more likely to aggressively defend the claim given the potential for a large verdict or settlement.
Second, commercial motor vehicles are regulated by both state and federal law, which means that there is often more -and more complex – evidence to digest. This can include everything from black box data to hours of service logs to maintenance records. All of this evidence is important to help prove your claim but requires the assistance of an experienced legal team to digest the information.
Third, a typical auto accident claim involves just one company – the insurance company, and an at-fault driver. With an 18-wheeler accident, there will often be at least two corporations involved – the trucking company and its insurer. They will typically have teams of lawyers and adjusters working hard to ensure that they pay out as little as possible on the claim.
Most personal injury claims are resolved outside of the courtroom. It may still be necessary to file a personal injury lawsuit to preserve your rights under Florida law. Filing a lawsuit does not mean that your case will go to trial. Instead, it is an opportunity for your lawyers to continue negotiations and fight to get you fair compensation for your claim.
Causes of 18-Wheeler Accidents
According to the National Highway Traffic Safety Administration (NHTSA), driver error is the most common cause of motor vehicle accidents. This can include everything from speeding to not checking before changing lanes. With truck drivers, however, some additional issues may arise – such as driving drowsy or driving for too many hours due to pressure to make a delivery.
Trucking companies make more money by delivering freight faster, which enables them to unload goods and then pick up another load. While truckers are subject to strict hours of service regulations that limit how much time they can spend on the road, trucking companies often set targets for their drivers that almost require them to ignore these rules. Trucking companies may take other shortcuts as well, such as foregoing necessary maintenance to save money.
Many common causes of 18-wheeler accidents are the same as for any other automobile accident. However, some accident causes are unique to truck crashes. Our personal injury law firm handles truck accident claims involving:
- Distracted driving
- Driving under the influence of alcohol and/or drugs
- Speeding
- Reckless driving
- Driver fatigue
- Improperly loaded cargo
- Maintenance issues
- Poorly trained truck drivers
- Overweight cargo
Given the massive size of commercial motor vehicles, the potential for serious or catastrophic injuries is much higher for 18-wheeler accidents. A victim of a truck accident may suffer from severe injuries like organ damage, traumatic brain injury, broken bones, and spinal cord injuries (including paralysis). Too many truck accidents cause fatal injuries for drivers and/or passengers.
If you have been hurt in an 18-wheeler accident, a Vero Beach personal injury lawyer will fight to get you the compensation that you deserve. Reach out to our law firm today to schedule a free consultation with a member of our legal team.
Don’t Wait - Call Our Law Firm for Help Today
18-wheelers are necessary – but driving on the road with them can be scary. If you are hurt in a crash involving a semi-truck, our law offices will fight to get you the compensation that you deserve for your losses. We will advocate for you throughout the process, giving you peace of mind knowing that we will work to get you the best possible result.
Gould Cooksey Fennell represents accident victims throughout Florida’s Treasure Coast. We take on the big insurance companies and trucking companies, working hard to get our clients a fair settlement for their losses. To learn more or to schedule a free consultation with a Vero Beach 18-wheeler accident lawyer, call our law offices at 772-231-1100 or fill out our online contact form.
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Our firm is here to take that burden off of our clients and handle their claim completely. We will help you get the compensation you deserve.
Notable TRUCKing ACCIDENT Settlements and Verdicts
An 83 year old woman was killed when her car was struck by a 18-wheeler on SR 60 in Vero Beach, FL. The decedent’s adult children agreed to proceed as her statutory survivors and obtained a wrongful death settlement of $400,000.
Plaintiff was driving his tractor trailer on a single lane highway when hit head on by the defendant negligently operating his semi-truck. As a direct result the plaintiff suffered bodily injury and continuing pain and suffering. Circuit court 19 awarded plaintiff damages in the amount of $2,899,898.60.
As a result of the defendant’s truck swerving out of a lane, Plaintiff’s car was hit causing significant injuries to the driver. The case was settled in the full amount of $1,010,000.00.
Plaintiff was working in a construction zone in Vero Beach, Florida when the driver of a tractor trailer pulling a multi-ton cement trailer ran over the Plaintiff’s foot causing permanent injuries, disability and inability to work.
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