Commercial truck accidents happen all too frequently in Boca Raton. Due to the sheer size and weight of semi-trucks and other large commercial vehicles, truck accidents can cause serious injuries to the occupants of smaller passenger vehicles. In worst-case scenarios, victims die because of the injuries they sustained in truck accidents.
The aftermath of a truck crash can be frightening, but you deserve someone looking out for your interests. A respected and successful Boca Raton truck accident lawyer could help. Personal injury attorney David I. Fuchs will assess your situation, analyze your options, and pursue maximum compensation for what you endured.
Contact David I. Fuchs, Injury & Accident Lawyer P.A. today for a free consultation on your rights and options and get the help you need to recover the full and fair compensation you deserve.
Why Choose David I. Fuchs, Injury & Accident Lawyer P.A. to Handle Your Boca Raton Truck Accident Claim
Attorney David I. Fuchs has more than 30 years of experience in personal injury law, and he has handled many truck accident claims for our clients. He founded our law firm with a mission to deliver the highest legal representation possible to Boca Raton residents who suffered an injury or loss because of someone else’s negligence, and he has recovered substantial settlements and verdicts for our clients.
You can rely on us to take an active interest in your case and treat you with the utmost compassion and dignity as we help you with your truck accident claim. We pride ourselves on providing personalized attention to each and every client, and we will tailor our strategies based on the specific circumstances of your case.
For a thorough review of your claim and advice regarding your options for pursuing compensation, contact David I. Fuchs, Injury & Accident Lawyer P.A. for a no-cost, no-obligation consultation.
What Are Common Causes Truck Accidents in Boca Raton?
Truck accidents in Boca Raton can result from various factors, including:
- Driver Fatigue: Long hours on the road can lead to driver fatigue, reducing attention and reaction times. Strict regulations exist to limit the number of consecutive driving hours for truck drivers, but violations can occur.
- Distracted Driving: Distractions, such as using a mobile phone, eating, or adjusting controls, can divert a truck driver’s attention from the road and lead to accidents.
- Speeding: Speeding is a significant factor in many truck accidents. Heavy trucks require longer stopping distances, and high speeds can make it challenging for drivers to react to sudden changes in traffic conditions.
- Impaired Driving: Driving under the influence of alcohol or drugs is a serious hazard. Impaired truck drivers pose a significant risk to themselves and others on the road.
- Inadequate Training: Insufficient training for truck drivers can contribute to accidents. Proper training is essential for handling large, heavy vehicles and navigating complex road conditions.
- Equipment Failure: Mechanical failures, such as brake malfunctions, tire blowouts, or engine problems, can lead to accidents. Regular maintenance is crucial to prevent equipment failures.
- Overloaded or Improperly Loaded Trucks: Overloaded or improperly loaded trucks can affect stability and handling, increasing the risk of accidents. Ensuring proper loading and weight distribution is essential.
- Poor Weather Conditions: Adverse weather conditions, such as heavy rain, snow, or fog, can make driving more challenging for truck drivers. Reduced visibility and slippery roads increase the likelihood of accidents. Truckers must drive according to weather conditions and reduce their speed and increase their distance from other vehicles.
- Aggressive Driving: Aggressive behaviors, such as tailgating, sudden lane changes, and road rage, can lead to accidents involving trucks.
- Inadequate Following Distance: Trucks require more space to stop than smaller vehicles. Inadequate following distance can result in rear-end collisions when a truck is unable to stop in time.
- Unfamiliarity with Roads: Truck drivers unfamiliar with the roads they are navigating may have difficulty anticipating turns, exits, and traffic patterns, increasing the risk of accidents.
- Faulty or Poorly Maintained Roads: Poor road conditions, such as potholes, uneven surfaces, or lack of proper signage, can contribute to accidents involving trucks.
- Negligence of Other Drivers: Actions of other drivers, such as sudden lane changes or failure to yield, can lead to accidents involving trucks.
It’s imperative to speak with a truck accident lawyer about your claim as soon as possible. An attorney from David I. Fuchs, Injury & Accident Lawyer P.A. can gather evidence to prove who or what caused the accident and work to hold the responsible parties accountable.
What Are Common Types of Truck Accidents in Boca Raton?
Truck accidents can take various forms, each with its own set of challenges and potential consequences. In Boca Raton, common types of truck accidents include:
- Rear-End Collisions: Trucks require longer stopping distances than smaller vehicles. Rear-end collisions can occur if a truck is unable to stop in time, often due to sudden braking or traffic slowdowns.
- Jackknife Accidents: Jackknifing occurs when a truck’s trailer swings out to the side, forming an angle with the cab. This can happen due to braking too hard or uneven weight distribution.
- Underride Accidents: Underride accidents happen when a smaller vehicle collides with the rear of a truck and ends up underneath the trailer. This type of accident can be particularly severe for occupants of the smaller vehicle.
- Rollover Accidents: Rollover accidents involve a truck tipping over onto its side or roof. Factors such as high speeds, sharp turns, or uneven road surfaces can contribute to rollovers.
- Wide Turns and Intersection Accidents: Trucks have longer wheelbases, making wide turns necessary. However, this can create challenges at intersections, increasing the risk of collisions with other vehicles, especially those attempting to pass on the right.
- Blind Spot Accidents: Trucks have large blind spots, also known as “no-zones,” where smaller vehicles can be difficult for the truck driver to see. Accidents may occur when smaller vehicles linger in these blind spots.
- Tire Blowouts: Many trucking companies use re-treaded tires to save on costs. However, retreads have a horrendous safety record and can unravel as the truck travels down the highway. Tire blowouts can also result from poorly maintained tires or overloaded trucks. A blown tire can cause the truck driver to lose control and cause a serious trucking accident.
- Brake Failures: A truck’s braking system experiences considerable forces when trying to slow or stop a vehicle weighing upwards of 80,000 pounds. Brake failures can result in the inability to stop or slow down, leading to serious accidents. Regular maintenance and inspection of brake systems are crucial.
- Runaway Trailer Accidents: Runaway trailer accidents occur when a trailer becomes detached from the truck’s cab, often due to equipment failure or improper hitching. Although relatively rare, these types of incidents can lead to ancillary collisions as vehicles try to avoid the detached trailer.
- Load Spill Accidents: If a truck is improperly loaded or overloaded, it may lead to a spill of cargo. The cargo could fall onto an adjacent smaller vehicle, crushing the occupants inside. Or, the cargo could fall onto the roadway, creating hazardous conditions for other drivers.
- T-Bone or Side-Impact Collisions: T-bone accidents occur when a truck collides with the side of another vehicle, often at intersections. These accidents can be particularly dangerous for occupants of the vehicle struck on the side.
- Head-On Collisions: Head-on collisions between trucks and other vehicles can result from various factors, including distracted driving, fatigue, or failure to maintain the proper lane.
A dedicated legal professional at David I. Fuchs, Injury & Accident Lawyer P.A. can help you recover compensation no matter the type of trucking accident you were in.
Proving Fault After a Commercial Vehicle Crash
One of the most vital aspects of your case is figuring out who is at fault for the truck wreck. The at-fault party or parties will be responsible for compensating you for your suffering. In many cases, a negligent truck driver is to blame, and this could be established if the trucker was:
- Speeding
- Driving drunk or under the influence of drugs
- Driving distracted
- Driving while fatigued
- Following too closely
- Exhibiting road rage
- Not using their turn signals
- Making an illegal turn
- Not able to stop in time to avoid a collision
However, truck drivers aren’t the only party who could be at fault. The following parties could also be to blame:
- The trucking company or truck driver’s employer
- The truck’s owner
- Parts producers
- Parts designers
- Parts suppliers
- Government agencies
- Cargo loaders
- Safety inspectors
An in-depth review of the details of your truck accident by a Boca Raton personal injury lawyer will reveal all responsible parties. By working with David I. Fuchs and our legal team, you can utilize independent trucking industry experts, reconstruct the accident, refer to maintenance records, and clearly establish fault.
Could Shared Fault Apply to a Truck Accident Claim in Boca Raton?
Yes, Florida follows a modified comparative negligence system, which means that each party involved in an accident can be assigned a percentage of fault based on their actions or negligence. This percentage of fault will then affect the amount of compensation that the injured party can recover.
Here’s how shared fault works in the context of a truck accident in Florida:
- Modified Comparative Negligence: Florida’s modified comparative negligence rule allows an injured party to seek compensation if they were partially responsible for the accident, so long as they weren’t more than 50% at fault. However, the amount of compensation they receive will be reduced by their percentage of fault.
- Apportionment of Fault: In a truck accident case, the court may determine the degree of fault for each party involved, including the truck driver, other drivers, and potentially other parties such as the trucking company or those responsible for road maintenance.
- Calculation of Damages: If a person is found to be 20% at fault, for example, their compensation will be reduced by 20%. So, if the total damages are $100,000, the person deemed partially at fault would receive $80,000.
- Insurance Claims: Shared fault principles also apply in insurance claims. Insurance adjusters may assess the percentage of fault for each party involved, and settlements will be adjusted accordingly.
- Legal Proceedings: If a case goes to court, the judge or jury will determine the percentage of fault for each party based on the evidence presented during the trial.
Determining fault in truck accidents can be complex. Truck accidents often involve multiple factors, including driver behavior, truck maintenance, road conditions, and more. Truck accidents require thorough investigations, and you must get help from an experienced semi-truck accident lawyer, especially if you believe that you may be partially at fault.
A hardworking legal team member at David I. Fuchs, Injury & Accident Lawyer P.A. can give you an accurate assessment and ensure your portion of the fault is fairly evaluated. You can rely on the attorneys to work diligently to hold all responsible parties accountable and fight for you if the insurance company or court tries to place undue fault on you for causing the accident.
Recovering Truck Accident Compensation in Boca Raton
Truck accident injuries are often severe because of the difference in size between a semi-truck and the car, bicycle, or Uber that they crashed into. Survivors experience devastating financial, physical, and emotional damages. The good news is that when someone else is at fault for your truck accident, you have the right to be made whole.
You should be repaid for every single way that your life has been negatively affected by the truck accident. These losses or damages are typically divided into:
Economic Damages
Economic damages consist of all the ways that your life has been affected financially. These losses have a set monetary value. They include the stack of hospital bills or wage statements to show the income you’ve lost.
Other economic damages include:
- Costs of repairing or replacing your vehicle
- Other property damages
- Diminished earning capacity
- Childcare expenses
- Household maintenance fees
- Future medical expenses
Non-Economic Damages
Non-economic damages are the losses that you have experienced that do not have a set dollar amount. Your Boca Raton attorney will be responsible for placing a monetary value on every non-economic loss after a truck crash. Some different non-economic damages that you could seek in your claim include:
- Scarring
- Nuisance
- Damage to your reputation
- Loss of closeness and love
- Loss of society and support
- Diminished quality of life
- Physical pain
- Emotional distress
Punitive Damages
You may also be awarded punitive damages in a truck accident lawsuit. These are seldom awarded. But punitive damages are awarded in cases where the court finds the actions of the defense were egregious to punish the liable party. These are not damages that you’re entitled to. But they are the court’s way of sending a message that such actions will not be tolerated.
What Should I Do After Suffering Injuries in a Boca Raton Truck Accident?
You must take certain steps to protect yourself and your rights to pursue compensation if you suffered injuries in a Boca Raton truck accident. Here’s a guide on what to do after a truck accident:
- Get Medical Treatment: Seek medical attention immediately, even if your injuries seem minor. Some injuries may not be immediately apparent, and a medical professional can assess and document your condition. You will also need proof you sustained an injury and received treatment to pursue an injury claim.
- Call the Police and Report the Accident: The police will create an official accident report, which can be crucial for insurance claims and legal proceedings.
- Exchange Information: Get the contact information, insurance details, and vehicle information from all parties involved in the accident. This includes the truck driver, the trucking company, and any other drivers.
- Gather Evidence at the Scene: Take photos of the accident scene, including vehicle damage, road conditions, and any relevant traffic signs or signals. You also want to photograph your injuries. Document the license plates of all vehicles involved and anything else you feel is pertinent to show the severity of the crash and its possible cause.
- Get Witness Information: If there are witnesses to the accident, collect their names and contact information. Witnesses may provide valuable statements, and your attorney may contact them to verify their story or depose them to get their testimony.
- Avoid Admitting Fault: Don’t make statements that could be interpreted as an admission of guilt. Even saying you’re sorry for the accident can be misconstrued to mean you feel guilty for causing the crash. Stick to the facts when discussing the accident with the police, other parties, or insurance representatives.
- Notify Your Insurance Company: Report the accident to your insurance company as soon as possible. Provide them with accurate and timely information about the incident and follow their recommendations for filing a claim.
- Be Careful Speaking with Insurance Adjusters: If another party’s insurance company contacts you, be cautious about providing recorded statements without consulting your attorney. Adjusters may use statements against you in the claims process.
- Continue or Complete Your Medical Treatment: Adhere to your healthcare provider’s recommendations and attend all necessary medical appointments. Document your injuries and the treatment you receive. If you stop treatment before the recommended time, the at-fault party’s insurance company could use that to show you weren’t as severely injured as you claimed.
- Consult with an Attorney: Seek legal advice from a Boca Raton personal injury attorney experienced in handling truck accident cases. They can help protect your rights, navigate the legal process, and ensure you pursue the compensation you deserve.
How Long Do I Have to File a Truck Accident Lawsuit in Florida?
Florida has a two-year statute of limitations for most types of personal injury claims based on negligence. This includes truck accident claims. If you don’t have an attorney file your lawsuit for you within two years of the date of the accident, you may lose your right to pursue compensation and have no legal recourse to get the money you need.
Keep in mind that claims against government entities have their own strict deadlines for filing a claim, which may only be a few weeks. You must contact an experienced Boca Raton truck accident attorney as soon as possible to ensure you don’t miss important deadlines that could derail your chances of recovering damages.
Why You Need a Boca Raton Truck Accident Lawyer
If you’ve been involved in a truck accident in Boca Raton, hiring a truck accident lawyer can be crucial for several reasons:
- Experience with Trucking Laws: Truck accidents involve complex federal and state regulations that govern the trucking industry. An experienced truck accident lawyer will understand these regulations and how they apply to your case.
- Investigation and Evidence Gathering: Truck accidents often require a thorough investigation to determine liability. A lawyer can work to gather evidence, such as accident reports, driver logs, maintenance records, and black box data from the truck.
- Establishing Liability: Determining liability in truck accidents can be complex, especially when multiple parties may be involved, such as the truck driver, trucking company, or third-party maintenance providers. A lawyer can help identify all potentially liable parties.
- Dealing with Insurance Companies: Insurance companies may try to minimize payouts or shift blame onto the victim. A lawyer can handle negotiations with insurance companies, ensuring that you are not taken advantage of and that your rights are protected.
- Calculating Damages: Truck accidents often result in severe injuries, and the damages can be extensive. A lawyer can help calculate the full extent of your damages, including medical expenses, lost wages, property damage, and pain and suffering.
- Understanding No-Fault Insurance: Florida is a no-fault insurance state, but in the case of severe injuries or significant damages, you may be able to file a lawsuit against the at-fault party. A truck accident lawyer can help you navigate these complexities.
- Filing a Lawsuit: If a fair settlement cannot be reached through negotiations, a lawyer can file a lawsuit on your behalf. They will guide you through the legal process, ensuring all necessary deadlines are met. If your case goes to court, a lawyer will advocate for your rights in front of a judge and jury. They will present evidence, cross-examine witnesses, and make legal arguments to support your case.
- Access to Experts: Truck accident cases often require the expertise of accident reconstruction specialists, medical professionals, and other experts. A lawyer will have the resources and network to consult with these experts to strengthen your case.
- Peace of Mind: Dealing with the aftermath of a truck accident can be overwhelming, especially if you’re dealing with injuries and recovery. Having a lawyer by your side allows you to focus on your recovery while they handle the legal aspects of your case.
- Maximizing Compensation: A skilled truck accident lawyer will work to maximize the compensation you receive, ensuring that you are adequately compensated for the physical, emotional, and financial impact of the accident.
Attorney David I. Fuchs will handle every aspect of your truck accident claim. After conducting an exhaustive investigation into your truck wreck, he will have the evidence he needs. From there, he will keep you informed, present a clear case of liability, and recover max compensation on your behalf. Attorney Fuchs will do everything in his power to secure a fair settlement through negotiation, but if the other side just won’t negotiate in good faith, he is more than ready to take your case to court.
Contact a Boca Raton Truck Accident Attorney Today
Many accidents involving tractor-trailers are devastating and completely change the course of victim’s lives. If a truck accident injured you or claimed the life of a close family member, you shouldn’t be stuck covering the costs when you weren’t responsible for causing the accident.
Thankfully, you can get help from a Boca Raton truck accident lawyer. When you reach out to our team members at David I. Fuchs, Injury & Accident Lawyer, P.A., you may be able to secure the compensation you will need to rebuild your life. Contact us today for a free consultation and get started on your truck accident claim.