ORLANDO TRUCK ACCIDENT LAWYERS
ORLANDO TRUCK ACCIDENT LAWYERS
Were You Injured in a Truck Accident in Orlando?
Although auto accidents can occur anywhere at any time, the roadways of the State of Florida can be especially precarious for driving. From difficult weather conditions to road construction, tourist drivers and tractor trailers, it’s difficult to maneuver through the roads of Florida, including Orlando as the risk of accidents is quite high.
Orlando Trucking Accident Statistics
According to the US Department of Transportation, trucking accidents are a growing concern. Did you know that:
- Nearly half a million trucking accidents occur in the US annually, resulting in 5000 fatalities?
- 1 out of 8 fatalities in traffic accidents is due to a truck accident?
- Florida is the 3rd highest state in the country for fatal auto accidents?
Furthermore, studies also show that the average trucking revenue annually in the last few years has been $610 billion and it is expected to increase in the coming years. This means that there will be more trucks on the roads moving forward.
Common Causes of Truck Accidents in Orlando
Some of the most common causes of truck accidents in Orlando, Florida are:
The trucking industry is becoming very competitive. This has led to the owners of trucking companies to set unrealistic targets for their drivers. The drivers are forced to meet these targets even if they have to violate traffic and safety rules. The truck drivers are only allowed to drive for a maximum of 11 hours after getting a consecutive 10 hours off duty.
But as these drivers are forced to meet their targets, they often drive for more than 11 hours without taking rest breaks. As they are sleepy and fatigued, they often lose control of their vehicle, which results in accidents and fatalities of innocent people sharing the road with them.
Poor Truck Maintenance
Another top cause of trucking accidents in Orlando is poor vehicle maintenance. Worn out brake pads, steering and suspension related problems and deflated and mismatched tires also increase the risk of accidents. This is because mismatched tries can negatively affect the traction, braking ability and stability of the vehicle especially on slick and wet roads.
In their quest of reaching the desired destination on time, truck drivers tend to sacrifice their sleep and drive trucks faster. Not only do they end up violating the recommended speed limits, but they also lose control of their vehicle, which results in collisions. Due to their reckless driving, they are often unable to pull the brakes when needed.
Unsafe Driving Practices
Many employers don’t even check whether or not their drivers are trained, licensed and qualified to drive big rigs. And this is a big concern as such drivers are unqualified to drive heavy-duty trucks, putting their lives and the lives of others at risk.
Other unsafe driving practices include:
- Frequent lane changes
- Failure to check blind spots
- Road rage
Common Types of Injuries From Truck Accidents in Orlando
Trucking injuries can be catastrophic and may require days and even months of recovery. If the collision doesn’t kill the victim, it can often leave them with horrific injuries. Some common truck accident injuries include the following:
Back and Neck Injuries
These include whiplash, dislocated discs in the spine, paralysis and spinal cord damage. These injuries are critical as they can prevent the victim from returning to work and performing daily activities.
Due to the large size and heavy impact of trucks, collisions can be powerful and often result in broken bones.
Brain injuries can be devastating and life-altering. These injuries may not be apparent immediately, but the victim may experience symptoms like nausea, vomiting, cognitive impairment and loss of coordination, which may indicate brain damage.
Powerful collisions with commercial and large-sized tricks can also result in the internal bleeding of organs like kidneys, pancreas, liver, spleen and bladder.
Truck Accident Statute of limitations in Orlando
The statute of limitation in Florida for truck accidents is four years on personal injury cases, starting from the date of injury while there is a two-year limitation period in wrongful death cases. Therefore, it is advisable to take action fast. If you don’t file the case within the stated time frame, then your rights will be cancelled and denied. This means that you may not be able to get any compensation whatsoever.
Types of truck Accident Claims
Personal Injury Protection
The State of Florida has strict insurance laws for all drivers. They require drivers to carry personal injury protection insurance. This protects individuals in the event of an accident.
Personal injury protection insurance protects drivers and passengers. As per the law, the minimum amount of the insurance accepted is $10,000 for medical and $5000 in case of wrongful death.
Moreover, these benefits are offered and paid out, regardless of who is at fault. Its coverage pays for medical bills related to the accident. Depending on your personal injury protection coverage, it may pay up to 80 percent of your medical bills and 60 percent of your lost wages until your benefit maxes out.
Underinsured or Uninsured Motorists
In case you are in a truck accident with an underinsured or uninsured driver, then you still have certain rights. You can easily file a claim against the truck driver, regardless of whether they have insurance coverage or not. Even if they are uninsured, there are other ways to get compensated for the injuries you incurred due to their negligence.
However, in such a situation, you will first need to prove the following to show that the truck driver is liable for the damages and injuries that you have incurred. This includes:
- Establish that the driver owed a duty of care towards you
- The driver breached that duty of care
- The driver causes the injuries
- The injuries resulted in severe loses such as lost wages and costly medical expenses
Virtually every auto accident will involve some level of property damage. By law, you can get compensated for the property damage will may include either the amount to fix or repair the damage to your vehicle or replace the vehicle if it can’t be repaired. The amount will be based on the appraised value of the vehicle before the accident occurred.
Importance of Treating Within 14 Days of a Truck Accident
The State of Florida gives victims of truck accidents 14 days after the accident to obtain medical care. The rule comes from Florida Statutes Section 627.736, outlining the no-fault system. The rule states that the victim must receive initial medical care within the 14 days of the accident in order to qualify for medical benefits.
However, if the victim fails to seek treatment within 14 days, then the insurance company will have the right to deny the individual’s claim for medical benefits. Simply stated, failure to seek timely medical care can lower your right to get the compensation that you are entitled for.
Benefits of Hiring an Orlando Truck Accident Attorney
If you have been severely injured in a truck accident then it is best to hire our experienced Orlando truck accident attorney right away.
At Shiner Law Group, we have the experience, passion and negotiation skills much needed to fight truck accident cases aggressively in the best interest of our clients.
Once you hire our seasoned Orlando truck accident attorney, you can focus on your recovery while we will handle every aspect of your case from start to finish including investigation, paperwork and negotiation.
Our attorney will perform an in-depth investigation by visiting the accident scene right away. We will collect all the crucial pieces of evidence much needed to establish a strong case against the party at fault.
Furthermore, we’ll file the claim on your behalf by submitting all the necessary paperwork in a timely manner. Our lawyer will negotiate aggressively for a fair settlement with the insurance company. If the insurance company doesn’t agree to offer a fair settlement, we will not settle for less. In fact, we will take the case for trial.
At Shiner Law Group, we have a strong understanding of the law. We will leave no stone unturned to seek you justice. Our goal is to get you a full and fair compensation for the injuries, losses and damages incurred in a truck accident so that you can smoothly pay for medical expenses without being financially burdened.