Truck Accident

Are there alternatives to going to court in a Florida truck accident case?

Well first of all, if you’re injured, especially seriously injured, you should go to a lawyer as soon as possible. And this lawyer will negotiate with the insurance company on the other side. And it’s possible, very possible that there can be a settlement. If there’s a settlement, you don’t go to court. Also, if you file a lawsuit, there may be court proceedings in which you don’t have to participate in and the case can be settled. It can be going to court, trying a case. Just like in all cases, the vast majority of cases are settled or have a settlement offer. But it’s up to you and your lawyer whether to accept that offer. If you don’t, then a jury ultimately determines, not only fault, but damages.

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Can I sue the truck driver’s trucking company for my injuries?

If the truck driver was negligent, yes you can. You can sue the company because they’re always responsible for any negligence of their driver. There are many ways they might be responsible, they may have violated a interstate commerce regulation, the driver may be allowed to drive when they’re tired, so yes, you need a lawyer right away to determine all these things. Most importantly, they have to be at fault. They just can’t cause an injury, maybe you were at fault but then there’s a question about, well should they have even been driving that truck? Were they drunk? So there are many, many questions. So, the company may well be liable.

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How much time do I have after a Florida truck accident to file a lawsuit?

Truck accidents in Florida are part of the general negligence scheme, controlled by a four-year statute of limitations. That means four years after the accident you must either have had a settlement or you have to have a lawsuit filed. Once the lawsuit is filed, then you’re in good shape because the lawsuit can go on a month, six months, two years, whatever, and you’re okay. But it’s four years to file a claim if there’s not been a settlement.

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How quickly should I contact an attorney in a Florida truck accident case?

As with all damage cases, you should contact your lawyer as soon as possible because they can determine for you the responsibilities of the various parties. So as soon as possible in order to ensure your rights and your right to compensation is properly guaranteed.
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The driver of the truck that hit me had no insurance. What are my options?

The way the question is phrased, maybe the trucking company had insurance. Maybe the trucking company or the owner of the truck has assets. You can still sue the owner of the truck or the company that the driver was driving for, but do you have uninsured motorist protection? You can put your insurance policy into the truck and go after your insurance company. That’s what uninsured motorist is. Your insurance company, therefore insures them, so it’s fact dependent and definitely worthwhile seeing a lawyer if you’re seriously injured.
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The driver who caused my accident had a past history of drug violations. Could this be a factor in my Florida Truck Accident Case?

t can be and should be an important factor because a trucking company has a duty to almost ensure their drivers do not have a history of bad driving, of driving while drunk, of drug violations, and if they didn’t properly look into the background of their drivers, they could well be and should be responsible. So yes, it is a factor.

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The driver who caused my accident had an expired commercial driver’s license. Could this be a factor in my Florida Truck Accident Case?

Certainly could be and should be because the trucking company has a duty to look at who their drivers are, and look and see if they have bad driving records, or no driving records, or drunk driving records. They should have drivers that have appropriate licenses, or they shouldn’t be on the road. So yes indeed, this could be and should be a dominant factor in the case.

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What if I was hit by a drunk truck driver in Florida?

Well, of course. If it was the fault of the drunk truck driver, then he would be liable. His insurance, if he had private insurance, would be liable. The trucking company would be liable, and their insurance company, and any uninsured motorist that you might have if they didn’t have adequate insurance. So these are all factors to be considered, yes.

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What is an “underride” accident?

Under-ride accident is when a car goes under the side or the back of a truck because they go under it, and there’s nothing there to block them. That’s an under-ride accident. The fact that a under-ride accident occurred and can be a horrible accident. It could take off the top of a car, take off the top of your head. There should be blockages on the side of the truck or behind the truck. There are various regulations for that. An under-ride accident should not occur.
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What should I bring to the initial consultation with my attorney in a Florida truck accident case?

If you have the exchange of information between the parties, if you have the police report, your driver’s license, your insurance card, any other insurance card that you have such as Medicare or private insurance, any statement that you may have gotten from the other driver, any photographs you may have taken, any medical bills you may have if you’ve gone to a doctor first, but the important thing is the facts of the case going to the lawyer, and the lawyer will tell you what else to bring.

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