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Winter Garden Truck Accident Lawyer

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Obtained Over $1 Billion in Settlements & Trial Verdicts

Medium and large trucks are essential to the central Florida economy. These vehicles transport goods around the state and country, connecting Florida with the rest of the nation. When these vehicles collide with smaller cars and pickup trucks, the results are dramatic.

Dolan Dobrinsky Rosenblum Bluestein, LLP opened its doors to help injured victims seek justice. A personal injury claim can recover damages for medical care, property loss, and other losses. Truck accidents are expensive, and many victims are never the same. Some are permanently disabled from the collision. Contact us today to speak with a Winter Gardens truck accident lawyer. Our firm can offer advice about what steps to take to improve your chances of success.

Truck Accidents Are Common

At Dolan Dobrinsky Rosenblum, we can help anyone injured in a crash with a large truck, including:

  • Box trucks
  • 18 wheelers or semis
  • Moving vans
  • Garbage trucks
  • Cement mixers
  • Dump trucks

Accidents with medium or heavy trucks are common in Florida. According to a 2022 report from the state’s Department of Highway Safety and Motor Vehicles, the state saw thousands of accidents involving trucks which injured victims, sometimes quite seriously. Dozens of people are killed each year in collisions with medium and large trucks, like semis and dump trucks.

Who is At Fault for Your Truck Accident?

Florida is a “fault state” for truck accidents. A victim can seek financial compensation from the person liable for the accident. Some common defendants include:

  • Truck drivers. The trucker could make a mistake while driving which leads to an avoidable collision. For example, they might be speeding or tailgating, or they make an illegal turn. Some truckers are impaired by drugs or alcohol. Others are fatigued and unable to drive safely. Our fatigued truck driver accident lawyer can investigate whether a tired trucker nodded off briefly and crashed as a result.
  • Trucking companies. The trucking company could be liable for various reasons. One, it is automatically liable when their employee hurts someone negligently on the job. But a trucking company could have independent liability for putting a dangerous truck on the road or for failing to supervise or perform a background check. Our trucking company negligence attorney can explain more in a consultation.
  • Mechanics and body shops. Like other vehicles, trucks require regular maintenance. Unfortunately, some mechanics do poor work. They might carelessly fix the truck or overlook an obvious safety hazard.
  • Truck manufacturers. The truck could be designed improperly or have a defect in the way it was assembled. A truck manufacturer might be liable for an accident when the defect causes the wreck.
  • Local or state governments. Sometimes a road defect will contribute to a crash. Imagine a work zone is not constructed properly with signage telling people to slow down. A trucker crashes at high speeds as a result. We might sue the government responsible for the road defect.

Types of Truck Accidents We Handle

Our clients are injured in all sorts of collisions:

  • Rollovers. A truck can rollover when it is overloaded, or the freight is unbalanced. A truck which rolls over can crush nearby pedestrians and motorists, leading to horrifying injuries. An overloaded truck accident lawyer with our firm will investigate to determine fault.
  • Head-on collisions. A truck might smash head on with another vehicle because the trucker falls asleep or is distracted and jumps the median. Other head-on collisions happen when a tire blows and the truck is suddenly unmanageable. Our head-on truck collision lawyer can describe your legal rights in a free consultation.
  • Underrides. Smaller vehicles can slip under the sides of a tractor-trailer because the trailer sits high up on the ground. Often, the edge of the trailer peels back the roof of the smaller vehicle, and occupants suffer terrifying injuries. An underride truck accident lawyer can seek compensation if the trucker is to blame or the truck lacks necessary safety guards.
  • Overrides. Big trucks can ride up onto smaller vehicles if they are following too closely or going so fast they cannot stop in time. Distraction and speeding are common reasons. Anyone in the smaller vehicle could end up crushed or killed. Our firm is proud to represent accident victims in these types of collisions.
  • Jackknifes. This accident is common with tractor-trailers. The trailer can swing out at the fifth wheel due to imbalanced cargo or poor traction. Our jackknife truck accident lawyer has negotiated settlements for victims and their families.

You Deserve a Fair Settlement

When a trucking company or other entity is at fault, they should pay compensation. Our firm has distinguished itself by driving a hard bargain on behalf of clients. We can jump in and help document the serious injuries you have suffered. Then we find evidence of fault: who is ultimately responsible for your injuries.

A settlement should include compensation for a variety of damages:

  • Property damage. Your car was probably totaled in the accident. We can demand compensation to fix or replace it.
  • Medical treatment. Medical bills make up a large part of many settlements. We demand compensation for your emergency medical care, like surgery or ambulance transportation to the hospital. We also request compensation for diagnostic tests, prescription, and rehabilitation services.
  • Future medical expenses. Many truck accidents are so traumatic a victim ends up with life-long injuries. We can estimate future medical expenses. Someone incapacitated could end up in a nursing home, and others will need an at-home health aide.
  • Lost income. Injuries often prevent a quick return to work. Someone can miss months of income as they silently recuperate at home. Let’s demand fair compensation for all lost income, even if you are an independent contractor.
  • Loss of earning capacity. Some injuries will prevent a worker from returning to their old job. Imagine if a surgeon loses her arm in a truck accident. She will need to find different work, which likely pays less. Any reduction in future income is a loss we can recover, if it stems from your accident.
  • Pain and suffering. A settlement should also include damages for non-economic losses. Pain and suffering refers to the intangible losses a person endures after an accident. We include pain, depression, anxiety, and other difficulties in this category. Compensation for pain and suffering can make up a large fraction of any settlement. Make sure the defendant does not discount your pain.

Proof of Loss: What to Share with Your Lawyer

A common question victims have is how much they can receive. Your lawyer will have a better idea when you share important pieces of information.

For example, hang onto medical bills and any receipt for medical care, such as prescription medication. You should also gather proof of income, such as your most recent paystubs or tax returns.

A key issue is proving bodily pain, mental distress, and similar damages. These are tricky because the other side will try to minimize your suffering. Talk with an attorney to discuss ways of documenting your pain. We can meet with your medical team and therapists. But you can also document how you feel each day in a journal.

Receiving Compensation for a Fatal Accident

Countless Floridians are killed each year after colliding with large trucks. At DDRB, our team can represent family members in a wrongful death claim. This is a civil lawsuit which the personal representative of the estate files on behalf of family members.

Our fatal truck accident lawyer has sought damages for:

  • Loss of services and financial support. The deceased could have performed services, such as cooking and childcare. They might also have financially supported the family. We can seek compensation for any lost services and support.
  • Loss of parental companionship and guidance. Children should receive compensation to make up for the loss of their parent’s instruction. Of course, no amount of money can replace a parent. But demanding compensation is one way to hold the defendant accountable.
  • Any final medical expenses and burial or funeral expenses.
  • Other damages.

Call our office to learn more. There are important deadlines to meet, and this is not an easy type of claim to raise.

Five Steps to Take after an Accident

Trucking companies are usually on the other side of a lawsuit. They aggressively defend themselves and hesitate to pay fair compensation, no matter how seriously you are hurt. Anyone injured in a Winter Gardens truck accident should take these steps:

1.       Document your crash. First, call the police. An officer should come out and create an accident report. Then take photographs of the scene, including your vehicle and the truck. These photographs help bring the accident “alive” for those of us who didn’t see it personally.

2.       Receive medical treatment. As soon as possible, head to the nearest hospital to receive treatment. Let the doctor know you were in a trucking accident and identify where you feel pain.

3.       Reach out to a law firm immediately. Trucking companies have investigators at the scene within an hour. You need a lawyer who can begin gathering evidence to use for your case.

4.       Do not accept a settlement without a lawyer’s assistance. Defendants typically make a quick settlement offer. The odds are incredibly low that it’s fair. Instead, we can usually get an accident victim much more, so you should not accept it.

5.       Avoid participating in a recorded interview. Insurance companies might also request a recorded interview. They are often digging for information to use. Florida’s comparative negligence law can reduce or even bar a person from receiving compensation if they share fault. You might slip up and say something you don’t mean.

Evidence in a Winter Gardens Truck Accident Case

To receive compensation, we need to prove the driver or trucking company failed to use reasonable care and you were hurt as a result. This is a negligence claim. We usually need to show what error the defendant made.

Defendants usually blame the victim for partially or wholly causing the accident. So evidence is critical to piece together what happened.

Some evidence includes:

  • Data from the truck. Most trucks are outfitted with electronic logging devices (ELDs), which will contain important information about the truck, such as how long it was in motion. We can use this data to determine if the trucker went past the hours-of-service regulations and was likely fatigued.
  • Witnesses. A witness can testify about how the trucker was driving, as well as how the crash happened.
  • Drug or alcohol testing. Was the trucker impaired chemically? If so, we can use the results of any drug or breath tests. Trucking companies are obligated to test their truckers after certain accidents, or the police could have requested a sample.
  • Photographs and videos. Photographs can graphically show the extent of the accident. Video evidence might be available if you or someone had a dashboard camera, or if there was a nearby business with a camera pointed toward traffic.
  • Expert witness testimony. We rely on experts when there is a defect on the truck. The expert can explain the defect and how it contributed to a collision.

Our trucking company negligence attorneys will do everything possible to gather useful evidence to use when negotiating.

Will Comparative Negligence Hamper Your Claim?

Florida has revised its comparative negligence law. (Florida Statutes § 768.81.) Previously, a person’s contributory negligence did not bar recovery. But the rule has changed, and now a plaintiff cannot receive any compensation if they are more responsible for their harm than the defendant. In effect, you cannot be more than 50% to blame.

Comparative negligence can play a major role in many Winter Gardens truck accidents. The defendant might get out of paying top compensation by blaming you for passing illegally or following too closely. We never take these allegations lying down.

Schedule Your Consultation with a Winter Gardens Truck Accident Lawyer

Dolan Dobrinsky Rosenblum Bluestein, LLP has won many awards for our legal representation of accident victims in Florida. To find out more, please call our office to speak with an attorney. Our consultations are free and confidential.

Highly Qualified Legal Representation

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