While all traffic-related accidents can potentially cause serious accidents and injuries, accidents involving large commercial trucks can cause devastating damage.
Commercial trucks are much larger than regular passenger vehicles and can weigh as much as 80,000 pounds, unlike an average car that weighs around 3,500 pounds.
If you’ve been involved in a large truck accident, you’ve likely suffered serious injuries and losses. An experienced Clearwater truck accident lawyer can help you receive the compensation you need to move forward with your life.
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Why Hire a Clearwater Truck Accident Lawyer?
While no two cases are alike, our experience can help you get the compensation you deserve for your injuries. Our legal team handles your case from the beginning and, if necessary, through trial.
When you choose to work with a Clearwater truck accident attorney at our law firm, you gain access to:
- Free consultation
- No legal fees unless we win your case
- Local representation
- In-home consultation
- Flexible schedules
- +20 years of trial experience
- Hablamos español
The Legal Process for Pursuing a Truck Accident Claim
Below is an outline of the typical process you can expect when working with a Clearwater truck accident lawyer:
1. Initial Consultation
Your first step is to schedule a free consultation with our experienced truck accident attorney. During this meeting, we’ll discuss the details of your accident, review any documentation you have, and answer any questions about your case.
2. Case Evaluation and Strategy Development
Once you decide to work with us, we’ll thoroughly evaluate your case. Based on our findings, we’ll create a tailored legal strategy to pursue maximum compensation for your injuries and losses.
3. Investigation
Our team will investigate the accident in depth to uncover every detail. We also identify all liable parties, which can include the truck driver, the trucking company, equipment manufacturers, or maintenance providers.
4. Filing a Claim
After gathering sufficient evidence, we’ll file a claim against the at-fault parties and their insurance companies. This step initiates the process of compensation negotiations, where we present the evidence of liability and the extent of your damages.
5. Negotiation with Insurance Companies
Trucking and insurance companies often try to minimize payouts. Our experienced team will negotiate aggressively on your behalf to reach a fair settlement.
6. Litigation and Trial Preparation (If Necessary)
If the responsible parties fail to offer reasonable compensation, we’ll prepare to take your case to court. This involves gathering all necessary documentation, identifying expert witnesses, and developing a compelling argument to present before a judge and jury.
7. Settlement or Trial Verdict
Many cases are settled before reaching the courtroom. However, if litigation is required, your attorney will fight tirelessly to secure a favorable verdict.
Whether through settlement or verdict, we aim to ensure you receive the compensation necessary to cover your medical expenses, lost income, pain and suffering, and other damages.
Our commitment to transparency and guidance helps you understand every phase of your case. By working with a skilled Clearwater truck accident lawyer, you gain the confidence and advocacy needed to focus on your recovery while we handle the legal side of things.
What Causes Truck Accidents?
Professional truck drivers are required to go through special training to obtain a
commercial driver’s license, and they should understand the risks that large semi-trucks pose on the roads.
Due to the extreme risk of injury to other motorists in truck accidents, professional drivers are held to a higher standard of safety than operators of regular passenger vehicles. Unfortunately, truck drivers do not always abide by their duty to drive safely, and driver negligence routinely causes truck accidents.
Examples of Truck Driver Negligence
- Driving while under the influence of alcohol or drugs
- Driving while fatigued or violating FMCSA Hours of Service regulations[3]
- Unlawfully driving with a serious medical condition, such as a heart condition or epilepsy
- Engaging in distractions, such as using a handheld mobile device, eating, grooming, and more
- Failing to complete all required pre-trip inspections
- Aggressive driving, including speeding, following too closely, improper passing, or intimidating other motorists
- Taking turns too quickly
- Failing to pay attention to blind spots adequately
- Driving a commercial vehicle without the proper license or training
- De-powering the brakes in the front of the truck
- Otherwise violating traffic laws or FMCSA regulations
Truck Accidents Safety Regulations
Both federal and state regulations govern the safety of truck equipment, and the trucking industry must comply with them. There are also defined reporting rules in the event of a large commercial truck collision.
Recent safety regulations include the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) final rule, “updating hours of service (HOS) rules to increase safety on America’s roadways by updating existing regulations for commercial motor vehicle (CMV) drivers.”
Before the new statements, the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) announced that it awarded $77.3 million in grants to states and educational institutions to enhance commercial motor vehicle (CMV) safety.
These grants included the following:
- $43.3 million in High Priority (HP) grants to enhance states’ commercial motor vehicle safety efforts, as well as advance technological capability within states.
- $32 million in Commercial Driver’s License Program Implementation (CDLPI) grants to enhance efforts by states to improve the national commercial driver’s license (CDL) program.
- $2 million in Commercial Motor Vehicle Operator Safety Training grants to sixteen education institutions to help train veterans for jobs as commercial bus and truck drivers.
- “FMCSA is committed to working with all of its state and local partners to reduce crashes and improve safety on America’s roadways. These important grants demonstrate the agency’s commitment to providing local areas with the resources they need to make a difference for commercial motor vehicle safety,” said FMCSA Administrator Raymond P. Martinez.
Common Causes of Truck Accidents With Injury
Despite the ongoing attempts to further regulate the trucking industry to decrease these horrific motor vehicle accidents and the number of accident victims, there remain numerous common causes for 18-wheeler accidents:
1. Poor and Outdated Equipment
Trucks are large machines that require regular maintenance to stay safe on the road. Faulty brakes, worn-out tires, malfunctioning lights, or outdated technology can cause catastrophic failures.
For example, a truck with worn brakes may not stop in time, leading to rear-end collisions. Similarly, improperly inflated tires can blow out unexpectedly, causing the driver to lose control.
2. Driver Fatigue
Truck drivers often work long hours to meet tight delivery deadlines. While regulations exist to limit driving hours, some drivers or companies push the limits, leading to exhaustion. A fatigued driver may struggle to focus, have slower reaction times, or even fall asleep behind the wheel.
These factors increase the likelihood of accidents, especially during nighttime or on long stretches of road.
3. Driver Error
Human error remains one of the leading causes of truck accidents. Mistakes like misjudging the distance between vehicles, failing to anticipate obstacles, or overcorrecting steering in emergencies can result in collisions.
Driver error can also occur due to inexperience, poor decision-making, or a lack of focus, causing preventable injuries on the road.
4. Speeding
The pressure to meet delivery deadlines can cause some truck drivers to exceed speed limits. However, speeding increases stopping distances and makes it harder to control a vehicle, especially one as heavy as a truck.
At high speeds, any minor error can result in large-scale accidents involving multiple vehicles. Additionally, a speeding truck poses more significant risks to smaller cars, cyclists, and pedestrians.
5. Alcohol or Drug Use
Impaired driving is dangerous for any vehicle operator, but it's particularly lethal for truck drivers. Consuming alcohol or drugs, whether recreational or prescription, can impair judgment, slow reflexes, and blur vision. Even small doses can affect a truck driver's ability to react quickly to sudden changes on the road, leading to devastating accidents.
6. Poor Training
Operating an 18-wheeler requires specialized skills and training. Drivers who lack comprehensive training may not know how to handle challenging scenarios, such as navigating tight spaces, adjusting for load weight, or driving in adverse weather.
Insufficient training can lead to errors in judgment and unsafe practices, putting everyone on the road at risk.
7. Distracted Drivers
Distractions can take a driver’s attention off the road. Even a momentary lapse in focus can have widespread consequences for truck drivers.
A distracted driver may fail to notice changes in traffic patterns, miss vital road signs, or overlook vehicles in their path, resulting in collisions.
8. Improper Lane Changes
Commercial trucks require careful planning and ample space to switch lanes safely. Improper lane changes, particularly without signaling or checking mirrors, can lead to accidents. Cars traveling in adjacent lanes may not anticipate such abrupt moves, resulting in side collisions or forcing vehicles off the road.
9. Failure to See Cars Around Them When Making Turns
Turning a large truck requires skill and spatial awareness. However, drivers may fail to account for smaller vehicles on either side, especially when making wide or sharp turns. Common accidents occur when trucks "swing" into another lane without realizing there’s a car beside them, potentially crushing the vehicle or forcing it off the road.
10. Blind Spots
Trucks have sizable blind spots, commonly known as "no-zones," on all sides—front, back, and both sides. If a driver fails to check these areas thoroughly before changing lanes or merging, they can collide with vehicles that are completely invisible from their perspective.
Who is Responsible for a Truck Accident?
Determining who is responsible for a commercial vehicle accident is critical, as liability may involve more than one person or party.
- Commercial Truck Drivers: The truck driver may be liable for negligent driving. Perhaps the driver has consumed alcohol or drugs. Maybe the accident resulted from long hours on a single trip, dangerous night driving, or a medical health issue.
- Truck Manufacturer: The truck might be defective, causing the accident.
- Equipment Manufacturer: Equipment such as ropes and pulleys may have been defective, failing to keep cargo tightly in place and thereby contributing to the accident.
- An agency who hires the driver: Agencies who hire truck drivers might try to cut corners, avoid necessary inspections, and hire unqualified drivers.
- The Trucking Company: The trucking company might be responsible for inspecting the vehicle, checking the engine, and verifying that the tires are safe for heavy-load driving.
Clearwater Truck Accident Frequently Asked Questions
1. How long does a truck accident case take to resolve?
The duration of a truck accident case varies depending on factors such as its complexity, the severity of injuries, the willingness of insurance companies to negotiate, and whether the case goes to trial.
2. What should I do after a truck accident?
After an accident, your safety is the priority. Go to the doctor immediately, even if your injuries seem minor. Document the scene by taking photos, gathering witness information, and getting a copy of the police report.
Avoid speaking with the trucking company’s insurer without consulting an attorney first. Contact our office as soon as possible so we can protect your rights and start building your case.
3. What if I’m partially at fault for the accident?
Even if you share some responsibility for the accident, you may still be eligible to recover compensation under Florida’s comparative negligence laws. Our legal team will review the circumstances and work to minimize your share of liability.
4. What if the trucking company denies responsibility for the accident?
It’s not uncommon for trucking companies and their insurers to deny fault. That’s
why our firm conducts a detailed investigation and builds a solid case to prove negligence.
Talk to a Clearwater Truck Accident Attorney Today
Working with a truck accident law firm helps explain how the facts of your particular case play out in negotiations with the trucking company and/or insurance company.
Your attorney will clarify how a truck accident claim requires one to diligently perform a thorough investigation of all facets of the accident. In addition, you can learn whether or not filing a lawsuit is necessary to ensure that you receive the compensation for your truck accident injury that you deserve.
If you have suffered an auto accident injury as a result of a large truck crash, call Hamblen Injury Law today at 727-562-9677, or you can fill out our online contact form. There is no legal fee unless we are successful in getting you money.