TRUCK ACCIDENT QUESTIONS AND INFORMATION

TRUCK ACCIDENT QUESTIONS AND INFORMATION

Eric Mausner Law
Truck Accident Injury Law Firm in Miami, Florida

It is easy to understand why truck-related accidents are often responsible for the most severe injuries, especially considering that many larger trucks weigh between 10,000 and 30,000 pounds! Unfortunately, truck accidents are prevalent in the USA. For example, according to data published by Injury Facts, it is estimated that over 112,000 large trucks were involved in crashes which led to injury on U.S. roads in 2018, and a total of 4,862 large trucks were involved in a fatal crash.

If you have been involved and injured in a truck accident or have lost a loved one in a truck-related crash, you may not know what to do next. Is it possible to take action? To what sort of compensation are you entitled? It can help to get in touch with a truck accident lawyer in Florida, like Eric J. Mausner, ESQ.

Below, we provide you with a detailed look at all of the information that you need to know from the most common causes of truck accidents to what to look for when finding a truck accident lawyer to take your case.

Common Causes of Truck Accidents

The sad reality is that most truck accidents could have been prevented. This is because they are usually caused by human error or negligence, either on your part, the truck driver’s part, or another third-party passenger vehicle driver. Here is a brief overview of why a truck accident might occur based on truck driver (or trucking company) error or negligence:

Driver fatigue

Many truck drivers spend hours and hours driving on the roads every week, and often throughout the night. They have strict deadlines to meet and several clients to please.

In short, there is no denying that they work high-stress, high-pressure, and incredibly demanding jobs. It is, therefore, understandable why truck driver fatigue is a widespread problem in the United States – it is also understandable why truck-related crashes are the leading cause of truck-related crashes each year.

The Florida Department of Highway Safety and Motor Vehicles states that a driver may drive no more than 12-hour stretches after a minimum of 10 consecutive hours spent off duty.

However, while there are regulations in place to regulate the length of time that a truck driver can spend driving, not all companies adhere to them.

Improper vehicle maintenance

It is the trucking company’s legal obligation to ensure that their vehicles are adequately maintained to maximize driver safety. All of the relevant maintenance duties and tasks must be carefully documented.

Inadequate driver training

Truck drivers who have not received satisfactory training before starting their jobs will undoubtedly pose a hazard on the roads. The fact is that handling a large truck is a lot different from driving a small passenger vehicle. Doing so safely requires advanced skills and plenty of experience, hence the reason why all drivers should undergo defensive driving training and attend regular training workshops to ensure that their skills remain up to scratch.

Overloading

Loading up a truck with a weight higher than what it is designed to carry is asking for trouble. Unfortunately, overloading is common practice for many trucking companies across the U.S. Overloading is often responsible for jackknife truck accidents and dangerous tire blowouts.

Distractions while driving

Distracted driving is not only a problem for truck drivers – it is an issue for everyone on the roads! It refers to any activity that might distract a driver’s attention from the road, even for just a few seconds, such as texting, fiddling with the radio dial, or talking on a cellphone.

Driving under the influence

Driving under the influence is another issue affecting drivers of vehicles of all types and sizes. However, it is a particularly sizeable problem for truck drivers. A study conducted a few years ago demonstrated that an estimated 30% of truck drivers admitted to using amphetamines when driving to help them stay awake and alert for longer stretches. 20% of the truck drivers who participated in the study also admitted to frequent use of marijuana, and over 3% stated that they regularly used cocaine.

Speeding

Most trucks are designed to drive at a certain speed. If that speed is exceeded, the potential for an accident taking place is greatly increased.

Other unsafe driving practices

Other hazardous driving practices that could cause a crash include eating and drinking while driving, road rage, frequent lane changes, etc.

Common Truck Accident Injuries

Injured in a Truck Accident - Eric Mausner

Common truck accident injuries in Florida include the following:

  • Head injuries and traumatic brain injuries (TBIs):
    Head injuries and traumatic brain injuries (TBIs) are the most common truck accident injuries. They tend to occur in most head-on collisions involving a heavy-duty vehicle. Concussions, broken or fractured facial bones, bleeding of the brain, and brain damage are examples are some of these types of injuries, many of which have long-standing, sometimes permanent, consequences for the individuals who sustain them.

  • Injuries to the back, neck, and spinal cord:
    Injuries to the back, neck, and spinal cord can often lead to paralysis, hence the reason they are some of the most serious. Along with paralysis, damage to the soft tissue of the back or neck can also lead to chronic, lifelong pain. Whiplash is another common injury involving the neck, although it is usually less severe than many other injuries in this category

  • Broken bones:
    Truck accidents have been associated with broken or fractured bones in all places of the body, although broken ribs, arms, and legs are the most frequent.

  • Burns and lacerations:
    Burns tend to occur following a collision with a truck carrying hazardous chemicals or materials, while lacerations can be brought about through impact and shattered glass.

Factors to Consider to Find the Right Truck Accident Attorney

If you or a loved one has been injured in a truck accident that was not your or their fault, the first step following medical attention is to seek out a reputable truck accident attorney. Here are a few critical factors to keep in mind when doing so:

  • Experience:
    How many years has the attorney been practicing law? Even more important is for how long they have been specializing in truck accident cases?

  • Reputation:
    It can be beneficial to speak to a lawyer’s past clients directly, or to ask your friends and family for recommendations. In doing so, you will get a good idea of the lawyer’s reputation and general success rate when it comes to these types of personal injury claims.

  • Resources:
    Having access to the right experts can make the process of putting a solid case together endlessly easier and more effective. Often, a truck accident lawyer will need to call on traffic engineers, medical experts, and more. The question is, do they already have a list of trustworthy contacts who can assist?

  • Location:
    Obviously, it makes sense to deal with a truck accident attorney in your own state.

  • Cost:
    Most good quality truck accident lawyers do not request payment in any shape or form. They usually operate on a ‘no win, no pay’ basis. Therefore, if a truck accident attorney whom you are considering hiring requests a deposit or any kind of payment upfront, continue your search elsewhere!

What to ask Truck Accident Lawyer - Eric Mausner

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What to Ask a Truck Accident Lawyer

You must ask the right questions before hiring a truck accident lawyer to represent you. First and foremost, as mentioned above, you must enquire about cost and confirm that there are no upfront fees required. It is also essential to ask questions regarding communication.

  • With whom can you expect to deal with the most from within the firm?

  • How quickly can you expect a response to a question?

  • How often can you expect to meet within the coming weeks and months?

Secondly, be sure to enquire about the truck accident attorney’s specific truck accident-related experience:

  • How many truck accident cases have you taken on and won?

  • Have you taken on a case similar to mine?

  • What were the results?

What to ask Truck Accident Lawyer - Eric Mausner

Who is Liable in a Truck Accident?

Trucks in Downtown Miami

One might automatically assume that the truck driver who caused the accident would be held responsible for the injuries sustained by the other parties involved. However, this is often not the case. While truck driver liability does exist to a certain extent, there will usually be several other potential defendants in a truck accident personal injury case. These defendants may include:

  • the trucking company who hired the driver,

  • the truck manufacturer,

  • any third-party contractors responsible for conducting maintenance or repairs on the heavy-duty vehicle,

  • as well as the insurance company providing insurance to the trucking company.

What Damages can you Claim after a Truck Accident?

The frequently claimed-for damages following a truck accident include economic damages, non-economic damages, and wrongful death damages. Keep in mind that specific evidence is always required to prove that any of these damages took place.

Economic damages

If your injuries resulted in the need to spend a substantial amount of money or led to a loss of income in any way, you may be eligible to claim for economic damages. Economic damages include:

  • Medical-related costs, both present and future

  • Loss of income, both present and future

  • Transportation expenses incurred as a direct result of the accident

  • Any fees related to childcare relevant to the consequences of the accident

Non-economic damages

Non-economic damages generally refer to any psychological or emotional damage brought about as a result of, or following, the truck accident. They include pain and suffering, mental anguish, loss of sexual function, etc.

Wrongful death damages

Wrongful death damages would apply in the instance that you lost a loved one as a direct result of injuries sustained in a truck accident that was not their fault.

How can a Truck Accident Lawyer Help?

Eric Mausner is a truck accident lawyer who can help you to make your case and strengthen your personal injury claim. Our law firm will handle the in-depth investigations relevant to your case, all of the important paperwork, the negotiations with the various insurance companies, and filing a lawsuit should the insurance companies refuse to pay out an acceptable amount. Should a fair settlement not be possible, Eric Mausner will also appeal your case in our pursuit of adequate compensation related to the damages you or your loved one sustained.

If you’ve been injured due to the negligence of a truck driver, you may be entitled to compensation. Call ERIC MAUSNER LAW, P.A. and tell us about it so we can provide you with the right guidance. Our consultations are free. Call our personal injury and accident lawyers anytime – 305-800-TORT (8678).

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