Tampa Truck Accident Attorneys
Driver negligence is the most common cause of truck accidents in the United States. In fact, a new report issued by the Federal Motor Carrier’s Safety Administration (FMCSA), found that driver error is ten times more likely to cause a serious truck accident than any other factor including weather, road conditions and vehicle performance.
Factors such as the use of over-the-counter and prescription drugs, speeding, inattention, distractions, work environment and road unfamiliarity can all contribute to driver error. However, sleep deprivation and driver fatigue are by far the most common causes of truck accidents.
At the Fernandez Firm, our Tampa truck accident attorneys know that determining the true cause of each crash is essential to successfully pursuing these often catastrophic claims. Regardless of whether the truck accident involves an 18-wheeler, a semi truck, tractor-trailer, tanker, bus or other large commercial vehicle, our experienced team of injury attorneys are here to help and available 24 hours a day, 7 days a week to answer your legal questions.
Florida Truck Accident Laws
Federal law governs interstate commerce between Florida and other states. Found at Title 49 of the Code of Federal Regulations, these laws impose specific operational requirements for trucking companies, drivers and owners. Additional regulation of the commercial trucking industry is also enforced by the U.S. Department of Transportation (DOT), the Federal Motor Carrier Safety Administration (FMCSA) and the Florida Department of Transportation (FDOT).
At the Fernandez Firm, our experienced lawyers know that responsibility for serious Florida truck accidents often comes down to whether or not the commercial trucking company complied with all state and federal laws designed to protect the public.
New Insurance Laws: Affect Your Florida Truck Accident Case
Due to the recent changes in Florida insurance law, if you or someone you know has been involved in a Florida truck accident or vehicle collision, it is critical you consult with an attorney immediately to protect your legal rights.
Effective January 1, 2013, those injured in Florida motor vehicle collisions have only 14 days to seek medical treatment in order to receive payment of their medical expenses. Failure to seek treatment within this very limited time-frame, will completely bar recovery of any insurance benefits due to an injured victim under their Florida insurance policy.
If you have questions regarding a Tampa, Florida truck accident, contact our office today at 1-800-222-8163. Your consultation is absolutely FREE.
Who is Responsible?
In a Florida truck accident case, it is crucial — and often difficult — to establish legal responsibility for the crash. In a commercial trucking scenario, numerous parties may share blame for a Florida truck accident, including:
- The truck driver
- The owner of the truck (or trailer)
- The person, or company, who leased the truck/trailer from the owner
- The manufacturer of the truck, tires or other equipment which caused or contributed to the crash
- The shipping or cargo loading company
Commercial truck owners/operators often use tactics to avoid liability, such as: leasing (instead of owning) the tractor, trailer and/or equipment used to carry freight; and/or hiring “independent contractors” (instead of direct employees) to drive the trucks. When a catastrophic truck accident occurs, the company argues: “we don’t own the truck and aren’t responsible for maintenance or repair;” and/or “the driver is an independent contractor; we’re not responsible for his negligence.”
Additionally, negligent commercial trucking companies frequently blame the victim and each other. For example, after a horrific highway crash: the insurance company for the commercial carrier/owner claims the accident was caused by a defective tire; the tire manufacturer blames the leasing company for failing to properly maintain the tire; and the leasing company, in turn, blames the truck driver for falling asleep at the wheel, driving off the road and causing the tire to rupture.
In any of the foregoing scenarios, it may be that the true negligent party is merely trying to escape accountability; or it may be that various parties share responsibility for catastrophic injury or wrongful death. At the Fernandez Firm, our experienced Florida lawyers know how to get to the truth and will not rest until our clients receive justice.
Hire Experienced Tampa, Florida Truck Accident Attorneys
Just because a lawyer handled your criminal case or simple rear-end car accident, does not mean that attorney has the training, experience and financial resources necessary to pursue a truck accident case. Florida truck accident litigation is a specialty field of practice and to be successful at trial, the law firm you hire must have:
- Experience working with qualified legal experts in accident reconstruction, vocational rehabilitation and economics. Hiring these necessary experts means your attorneys will have to advance substantial case costs — from $10,000 to $50,000 thousand dollars — on the case.
- Expertise in corporate trucking policies and procedures designed to prevent truck accidents, as well as, state and federal laws regulating interstate commerce in the United States.
- The financial resources to thoroughly investigate the accident and purse the case through trial and the possibility of a lengthy appeal.
Free Legal Consultations – Call Today!
For nearly 20 years, our Florida attorneys have successfully handled thousands of injury cases, winning over $50 Million in jury verdicts and negotiated settlements. If you have questions regarding a Tampa, Florida truck accident, contact our office today at 1-800-222-8163. Our lawyers are available 24 hours a day, 7 days a week and the consultation is FREE.
At the Fernandez Firm, we don’t get paid unless we Win… and We Want to Win!