Winter Haven Truck Accident Lawyers

Representing Victims of Semi-Truck Crashes in Winter Haven, FL

Truck accidents are some of the most devastating and deadly motor vehicle collisions that occur on the roads of Winter Haven and throughout the state of Florida. When these accidents happen, the victims can be left with severe and life-threatening injuries, and they may face a long and difficult road to recovery.

At Burnetti, P.A., our Winter Haven truck accident attorneys are dedicated to helping victims and their families get the justice and compensation they deserve. We have been representing truck accident victims for more than 30 years, and we have the experience and resources to take on even the most complex cases.

If you or someone you love has been injured in a truck accident, contact us today at (888) 444-8508 for a free, no-obligation consultation. We have offices in Winter Haven, Tampa, and Orlando, and we represent clients throughout the state of Florida.

Topics on the Page

• Steps After a Truck Accident
• What is a Truck Accident?
• Common Types of Truck Accidents
• Why Truck Accidents Are More Complicated
• Causes of Truck Accidents
• Common Truck Accident Injuries
• Average Settlement for a Truck Accident
• Damages Available for Truck Accidents
• Truck Accident Statute of Limitations in FL
• Average Time to Settle a Truck Accident Claim
• How Our Team Can Help

Steps After a Truck Accident in Winter Haven, FL

Immediate actions after a truck accident include:

• Ensure Safety: If possible, move your vehicle to a safe location.
• Check for Injuries: Assess the situation and tend to any injuries.
• Call 911: Report the accident to the police and request medical assistance if needed.
• Gather Information: Exchange information with the truck driver, including names, contact information, insurance details, and license plate numbers.
• Document the Scene: Take photos of the accident scene, including the vehicles involved, damage, road conditions, and any visible injuries.
• Witness Information: If there are witnesses, gather their contact information.

Post-accident actions include the following:

• Seek Medical Attention: Even if you feel okay, it's crucial to see a doctor as soon as possible. Some injuries may not appear immediately.
• Contact Your Insurance Company: Inform your insurance company about the accident, providing necessary details.
• Consult with a Truck Accident Attorney: An attorney can guide you through the legal process, protect your rights, and help you seek compensation for damages.
• Preserve Evidence: Keep copies of medical records, repair bills, and other relevant documents.
• Avoid Making Statements: Don't admit fault or discuss the accident with the other party's insurance company without legal counsel.

What is a Truck Accident?

A truck accident refers to any collision involving a large commercial truck. These accidents can be catastrophic due to the size and weight of trucks, which can cause significant damage to vehicles, property, and severe injuries or fatalities.

Common types of truck accidents include:

• Rear-end collisions: When a truck hits the vehicle in front of it. This can occur due to sudden stops, distracted driving, or issues with braking systems.
• Jackknife accidents: Where the truck's cab and trailer fold in on each other, forming a V shape. This often happens when the trailer swings outward from the cab, typically on slick roads or due to sudden braking.
• Rollovers: When a truck tips onto its side or roof. This can result from taking a turn too quickly, unevenly distributed cargo, or road conditions.
• Underride accidents: Occur when a smaller vehicle gets trapped underneath the rear or side of a truck's trailer. These accidents often lead to severe injuries or fatalities for the occupants of the smaller vehicle.
• Override accidents: Happen when a truck drives over a smaller vehicle, often due to the inability to stop in time or misjudgment of distance.
• Blind-spot accidents: Trucks have large blind spots where smaller vehicles can become invisible to the truck driver. Accidents happen when trucks change lanes or turn without seeing a vehicle in their blind spot.
• Cargo-related accidents: Improperly secured or overloaded cargo can cause accidents by shifting, spilling, or causing the truck to become unbalanced.

Each type of truck accident can result in varying degrees of damage, injury, and liability. Factors such as driver error, mechanical failures, road conditions, and weather often contribute to these accidents.

Why Truck Accidents Are More Complicated

Truck accidents are inherently more complex than regular car accidents due to several key factors. The sheer size and weight of trucks significantly increase the potential for severe damage and injuries compared to smaller vehicles. Additionally, determining liability in a truck accident can be challenging as it often involves multiple parties, including the truck driver, trucking company, cargo loader, and vehicle manufacturer.

Complying with complex federal and state regulations governing truck drivers' hours of service, vehicle maintenance, cargo weight, and insurance is crucial. These regulations add another layer of complexity to investigations and legal proceedings. Furthermore, the severity of injuries and damages resulting from truck accidents tends to be higher, leading to increased medical costs, property damage, and lost wages for victims.

Insurance claims and litigation processes for truck accidents are often more involved due to the potential involvement of multiple insurance companies and the need for specialized expert witnesses. The overall complexity of these cases can result in lengthy legal battles, making it essential for victims to seek experienced legal counsel.

What Causes Truck Accidents in Winter Haven?

Truck accidents can be caused by a variety of factors, and in many cases, more than one party is to blame. Some of the most common causes of truck accidents include:

• Driver Error: Truck drivers often face pressure to meet deadlines, leading to speeding, reckless driving, distracted driving, and impairment due to drugs or alcohol.
• Truck Driver Fatigue: Truck drivers are required to follow hours-of-service regulations, which limit the number of hours they can drive without taking a break. Despite regulations limiting driving hours, many truck drivers operate while fatigued, increasing accident risk.
• Truck Driver Inexperience: Insufficient training and experience among some truck drivers contribute to accidents.
• Truck Driver Negligence: Truck drivers must operate their vehicles safely. Negligence, such as speeding, tailgating, or improper lane changes, can cause accidents.
• Trucking Company Negligence: Trucking companies are responsible for hiring, training, and supervising drivers, maintaining vehicles, and ensuring safety. Failure to do so can lead to accidents.
• Defective Truck Parts: In some cases, a truck accident may be caused by a defective truck part. For example, the brakes on the truck may be defective, and the truck driver may not be able to stop in time to avoid a collision. When a truck accident is caused by a defective truck part, the manufacturer of the part can be held liable for any accidents and injuries that occur.
• Improperly Loaded Cargo: Incorrectly loaded cargo can shift or fall off, causing accidents and injuries. When a truck accident is caused by improperly loaded cargo, the company that loaded the cargo can be held liable for any accidents and injuries that occur.

Common Truck Accident Injuries

• Traumatic brain injuries (TBIs): These can range from mild concussions to severe, debilitating conditions.
• Spinal cord injuries: These can lead to paralysis, loss of sensation, and impaired bodily functions.
• Paralysis: A complete or partial loss of bodily movement and sensation.
• Burns: Often caused by fires resulting from the accident or leaking fuel.
• Disfigurement and scarring: Severe injuries can lead to permanent physical changes.
• Head injuries: Including concussions, skull fractures, and brain bleeds.
• Neck and back injuries: Such as whiplash, herniated discs, and spinal fractures.
• Internal injuries: Damage to organs like the liver, spleen, or kidneys.
• Broken bones: Fractures can occur in any part of the body.
• Lacerations and contusions: Open wounds and bruises.

What Is the Average Settlement for a Truck Accident?

There is no average settlement for a truck accident, as the value of a truck accident claim will depend on a variety of factors. Some of the factors that can affect the value of a truck accident claim include:

• The severity of the victim’s injuries
• The cost of the victim’s medical treatment
• The victim’s lost wages and loss of future earning capacity
• The impact of the victim’s injuries on their quality of life
• Whether the victim was partially at fault for the accident

At Burnetti, P.A., our Winter Haven truck accident lawyers will carefully review the facts of your case and determine how much your claim may be worth. We will fight to get you a fair settlement, and we are not afraid to take your case to court if the insurance company is not willing to make a fair offer.

Damages Available for Truck Accident Claims in Florida

Truck accidents in Winter Haven, Florida, can result in severe injuries and substantial financial losses. If you've been involved in such an accident, you may be entitled to compensation for various damages.

Damages in a truck accident case can generally be categorized into two main types:

• Economic Damages: These are quantifiable financial losses resulting from the accident. They typically include:

  • Medical expenses (past, present, and future)
  • Lost wages (past, present, and future)
  • Cost of hiring household help
  • Loss of earning capacity

• Non-Economic Damages: These are damages that are more difficult to quantify as they relate to pain, suffering, and emotional distress. They may include:

  • Pain and suffering
  • Mental anguish
  • Loss of consortium (loss of companionship for a spouse)
  • Disfigurement
  • Scarring

How Long Do I Have to File a Truck Accident Lawsuit in FL?

In Florida, the statute of limitations for filing a personal injury lawsuit resulting from a truck accident is generally two years (Florida law updated in March 2023) from the date of the accident. This means that if you are injured in a truck accident in Florida, you have up to two years to file a lawsuit against the responsible party.

What Is the Average Time to Settle a Truck Accident Claim?

Truck accident claims can take longer to settle than other types of motor vehicle accident claims. This is because truck accident claims are often more complex, and they often involve multiple parties. In addition, the insurance company may try to delay the claims process in the hopes that you will give up and accept a lowball settlement. At Burnetti, P.A., our Winter Haven truck accident lawyers will work diligently to resolve your case as quickly as possible. However, we will not rush into a settlement that is not in your best interest, and we are not afraid to take your case to court if the insurance company is not willing to make a fair offer.

How Our Winter Haven Truck Accident Attorneys Can Help

Truck accident cases can be complex, and they often involve multiple parties. Here are some of the ways our team at Burnetti, P.A., can help:

• Investigate the Accident: Our team will conduct a thorough investigation of the accident and gather all available evidence. We will review the police report, interview witnesses, and work with accident reconstruction experts to determine how the accident happened and who was at fault.
• Identify All Liable Parties: In many truck accident cases, more than one party is to blame. For example, the truck driver may have been speeding, but the trucking company may have failed to properly train and supervise the driver. Our team will identify all liable parties and hold them accountable for your injuries.
• Calculate Your Damages: Our team will calculate all of your damages, both current and future. We will work with medical experts, economists, and other professionals to determine the full extent of your injuries and how they will affect you in the future.
• Negotiate with the Insurance Company: Our team will handle all communication with the insurance company and other parties, and we will negotiate with the insurance company to get you a fair settlement. If the insurance company is not willing to make a fair offer, we are not afraid to take your case to court.

Contact us today at (888) 444-8508 to let our firm help you maximize your entitled compensation.