Truck Accident Lawyer Serving Delray Beach
Frankl Kominsky Injury Lawyers have a team of attorneys with decades of experience handling personal injury claims. We have recovered millions in settlements and verdicts, and our lawyers are available to help you through the entire legal claims process from start to finish.
If you or someone close to you has been affected by a serious truck accident, you may be eligible to file a claim for damages against the party at-fault. Contact Frankl Kominsky Injury Lawyers for assistance with your truck accident claim. Your initial consultation is free of charge. Let us help you recover the compensation you deserve.Top Causes of Truck Accidents in Delray Beach
Truck accidents can occur due to a number of reasons, including human error, faulty vehicles, and road obstructions. Common causes for truck accidents include:
1. Overloading Trucks
Overloading trucks throws them out of balance, and if there is an emergency situation, these vehicles may not be able to stop or turn without skidding over and getting involved in a severe road accident. Overloaded trucks may experience worn-out tires, damaged brakes and may even cause the road to collapse leading up to a crash.
2. Operating Oversized Trucks on Narrow Roads
Trucks generally operated on fixed truck routes, but when these may not be mapped out for the entire journey, the truck driver must map the best possible route with the widest, most open roads. Looking for shortcuts and trying to fit into narrow roads may lead to head-on collisions and roll-over accidents where vehicles don’t have the space to change lanes, and so on.
3. Driving for too long without taking a break
There is a legal requirement in place for truck drivers to have at least a proper, 8-hour break in between multiple journeys. It’s important for the drivers to get proper rest during these breaks and to fulfill their sleep so that they don’t experience fatigue and exhaustion on the road that can dull their senses and lead to a crash because they didn’t notice what was happening on the road fast enough.
4. Failure to monitor the driving hours of the truck driver
We addressed in the previous point about how long a truck driver’s break needs to be. The next obvious point is to mention that truck drivers are legally not allowed to drive for more than 14 hours straight. Truck drivers who have been on the road for too long may experience fatigue, which reduces their ability to perceive other vehicles, turns, and more until it’s too late.
5. Not keeping the tractor and/or trailer in safe, working condition
With commercial vehicles, even something small like a cracked windscreen can become the source of a car accident. Commercial vehicles need to be inspected after each journey to ensure that they are in perfect working order and will not create any blind spots for the truck driver or cause the vehicle to be out of balance and roll over.
6. Hiring an unqualified or unfit truck driver
Truck drivers are only legally allowed to operate commercial vehicles if they have a proper commercial license. Without this, they may not have proper knowledge of truck routes, the right way to steer a large vehicle, dealing with emergency situations, and more.
7. Failure to see other vehicles due to the truck’s large blind spot
Smaller vehicles such as cars or motorcycles that are behind a truck or in the next lane may get caught in the truck’s blind spot. If the truck driver changes lanes or is about to make a turn, this may lead to a collision.
8. Failure to properly train the truck driver
The company that trains truck drivers needs to equip them with working knowledge of dealing with emergency situations, truck routes, mapping out the routes when truck roads aren’t there, and so on. Failure to do so may leave the driver without the skill to avoid a collision or to turn without losing balance, causing roll-over accidents and other crashes.Common Truck Accidents in Delray Beach
The term “trucks” refers to a range of large commercial and private vehicles. Common vehicles that may be involved in truck accidents include:
Commercial trucks need to fulfill certain criteria in terms of size and weight, including:
- A commercial vehicle must have a weight capacity of 26,000 lbs. or more.
- A commercial vehicle needs to be owned or leased by an organization.
- A commercial vehicle may be used to transport all different types of cargo, including goods from different industrial sectors.
Semi-trucks may be used commercially as well. They are chosen by many organizations because they have a very convenient cargo-loading system: cargo may be loaded from the top, side, or back. They have a decent cargo capacity and a canvas covering to make adjusting stored items easily.
Tractor Trailer Trucks
Another popular choice for commercial use, tractor-trailers make loading and off-loading easy. They are designed for delicate cargo (or similar items) because of their solid build, which keeps the contents inside safe from external damage.
Company or Rented Trucks
Company or rented trucks generally come under private ownership, which is the main difference between these and commercial vehicles. This ownership factor plays a significant role if the vehicle in question was involved in a road accident.
Moving trucks are used in the transportation of larger items and cargo, such as furniture moving trucks. They may be used by domestic or commercial hires.
For a vehicle to be identified as a work truck, it must fit into certain criteria such as:
- Work trucks are not designed for human transport.
- The weight category of a work truck generally ranges between 8,500 – 10,000 lbs.
Truck accidents leave their victims with a number of injuries with the common ones being:
1. Traumatic Brain Injuries
The impact of the truck accident may cause a number of brain injuries in the victim ranging from a concussion to an external dull-force impact to shrapnel from the crash that may penetrate into the victim’s skull and brain. These injuries may surface in the form of bleeding, loss of vision, affected hearing, involuntary twitching, affected cognitive function, and more.
Even a minor accident may cause trauma to the victim’s body leading to a concussion that may occur if the victim hits their head against the wheel of the vehicle.
3. Broken or Fractured Bones
Bone fractures are common in the wrists, legs, and hips, and if the bones are broken, extensive bone grafting may be required for repairs. In some cases, the victims may face permanent damage, such as affected posture.
4. Dislocation/ Injuries to the Knee, Shoulder or Hip
Joint injuries and dislocation are some of the major injuries that occur in nearly any type of truck accident. This is common in the knees and elbows, and the victim may require emergency care to recover.
5. Nerve Damage
The nerves are one of the most sensitive and most important parts of the human body. A jolt to the victim’s body may cause damage to nerve endings resulting in injuries such as paralysis, twitching, palsy, and so on.
Whiplash involves a jolt and a jerk in the neck, which ranges from a pulsating pain that may reduce on its own over time, or it may cause dizziness, paralysis, and even loss of cognitive function.
7. Internal Bleeding
Internal bleeding is one of the most common and dangerous problems resulting from a truck accident because their symptoms may not surface immediately. They may even be responsible for the loss of life if they are discovered too late. Internal bleeding may occur in the spleen, kidneys, and other parts of the body.
8. Injuries to the Spine
The spinal cord is the common road of communication in the body, and if it gets affected, the entire body’s function is impaired. Spinal injuries may lead to paralysis, loss of bladder control, and other problems, some of which may be permanent.
9. Back and Neck Injuries
The back and neck include a number of small bones that can be fractured and damaged easily. This may lead to whiplash, damaged posture, and other injuries that may require surgery and physiotherapy to help the patient recover.
10. Cuts and Bruises
Regardless of whether the accident was severe or minor, cuts and bruises are likely to occur. Some of these may be surface injuries, while others may be deeper cuts that bleed out and may even develop into an infection that may spread to other parts of the body. Deep laceration may even result in permanent scarring.Who is Responsible for My Accident Involving a Commercial Truck?
Different parties may be responsible for a truck accident, and in some cases, more than one vehicle driver may be at fault. The people responsible may at fault for a number of reasons such as:
- Those driving an overloaded truck that can’t maintain its balance.
- Driving recklessly with hazardous material onboard.
- Driving for more than 14 hours straight without rest.
- Being under the influence of drugs or alcohol while operating a truck.
- Driving a truck without a commercial license.
- Not servicing the truck frequently.
- Hiring unqualified drivers, etc.
According to the doctrine explained in this video, the employer may be liable for their employees’ actions if that action happened while they were undertaking their designated responsibility for work. For a trucking company or similar organization, this means that the company that hired the truck driver or rented the truck may be held responsible for the accident. From the victim’s perspective, this opens the doors for a higher settlement but can also make their opponent very strong with a highly experienced legal team.
Truck accidents may be caused by the negligence of a trucker, the maintenance company, the manufacturer, or even the tire manufacturer. Frankl Kominsky Injury Lawyers will help you determine who is responsible for the damage you have sustained so that you can pursue your claim for damages and compensation.
Please note that auto accidents may include more than one party responsible for the crash, and even the victim may play a role in this. According to the concept of comparative negligence, if you were partially liable for the accident, you still may bring a claim; however, your damages will be reduced by the percentage of your liability.Florida Statute of Limitations: Truck Accidents
According to the Florida Statute of Limitations, you have set periods of time within which you can file a lawsuit. These include:
- For personal injuries and property damage, the victim has 4 years from the date of the accident to file a lawsuit.
- For a victim who loses their life in the accident, their family has two years from the date of the accident or the date of death (if they are separate) to file a lawsuit for wrongful death.
Contact the experienced Delray Beach car accident attorneys at Frankl Kominsky Injury Lawyers for additional guidance.Florida Truck Accidents: Damages You Can Pursue
If you’ve sustained personal injuries and property damage in a car accident, you may be able to pursue a claim for a number of damages including the following:
Medical Bills and Related Expenses
This includes everything from the emergency room bills to diagnostic tests, MRIs to surgery, and even long-term treatment like physical therapy, medical prescriptions, and at-home care for victims with permanent disabilities and injuries.
Current and Future Lost Wages and Loss of Earning Capacity
Victims are affected in a few ways: their recovery period will prevent them from earning during that time frame, and even after recovering, they may have some ailments and injuries that make them incapable of performing their previous job, leading to significantly reduced or lost earning capacity.
Pain and Suffering, Mental Anguish
Apart from physical injuries, truck accidents bring with them mental and emotional trauma and pain. Problems like PTSD and depression may occur, and if the victim has sustained permanent damage such as paralysis, their entire life will be turned upside down.
Repair or Replacement of Your Vehicle
If your vehicle has been damaged in a truck accident, you can make a claim to have it repaired. If it is considered a total loss, you may be eligible to pursue a claim for the value of the vehicle.
Loss of Consortium
Loss of consortium is all about losing a sense of belonging and closeness in a relationship. Truck accident victims or their spouses can file a claim for this if their relationship has taken a toll due to the accident. In case the victim passes away, their family may file a wrongful death suit.What to Do After a Truck Accident
Being in a truck accident can affect your sense of judgment, here are some steps you may consider to take:
At the Scene of the Crash
If you’ve been in a truck accident, do not leave the scene of the accident. Call 911 and fill out a crash report with the Delray Beach Police Department. Be sure to get a copy of the Drivers Exchange of Information and the Traffic Crash Report, if available.
Before leaving the scene of the accident, take plenty of pictures and videos of the vehicles, road condition, traffic signals, and so on.
If there were any witnesses to the accident, get their contact information and take a recorded statement of what they observed.
If you were injured, be sure to have medical care and get your injuries treated at the Delray Medical Center, which has 24-hour emergency care. You can also go to your own personal doctor.
After the Crash
As you leave the hospital or doctor after being treated for your injuries, make sure you collect your medical bills, reports, emergency care documents and medical. Keep records of your doctor reports.
Consult with an experienced Delray Beach personal injury lawyer. The legal team at Frankl Kominsky Injury Lawyers are available to assist you with your truck accident claim.Contact our offices for comprehensive legal guidance.
If you are contacted by the insurance agency on behalf of the party at-fault, do not give them a recorded statement or sign any documents without first contacting your lawyer.How Frankl Kominsky Can Help
Handling a truck accident claim can be confusing, and a lawyer can help navigate you through the process such as:
- Determining the party/s at fault
- Obtaining the accident reports, accessing security camera footage and consulting with an accident reconstructionist if necessary
- Collecting medical records, medical expenses and consulting with medical experts
- Handling all communications and negotiations with the liable party’s insurance company and attorneys
Call us for a free consultation at our office, your home, or hospital. Let us help you obtain the compensation you deserve.
Reach out to us now at 561 – 800 – 8000 or contact us through our website. You may also head on to our YouTube channel for additional, legal guidance. Start the road to recovery by obtaining your rightful compensation.