Truck Accident Lawyer in Palm Coast, FL

truck accident in Palm Coast

Accidents involving large commercial trucks (tractor-trailers, semi-trucks, box trucks, delivery vans, etc.) are often more serious than car accidents and can result in more severe personal injuries. Being in a truck accident on one of our Florida highways can leave you with a huge financial burden, particularly from medical bills and loss of work.

At Chiumento Law, PLLC, our truck accident lawyers have the experience and resources required to deal with the specifics of your truck accident injuries. In most cases, a trucking company owns the semi that was in an accident and has responsibility for the truck and the truck driver. Trucking firms move swiftly to protect their bottom lines after accidents. But we will work aggressively to get you the compensation you deserve.

If you have been injured in an accident that involved a large commercial truck in Palm Coast or elsewhere in Florida, you need an experienced truck accident attorney who understands how and why trucking accident cases are different from car accidents. Contact the law firm of Chiumento Law, PLLC

How Our Truck Accident Lawyers in Palm Coast Can Help You

You may question the idea of hiring a lawyer to help you with an insurance claim after a truck accident. It may look like a simple matter, and the trucking company may have already made a settlement offer that looks good to you. But in most cases, you’ll do better with the assistance of an experienced Palm Coast trucking accident lawyer.

Multiple studies show that truck accident victims represented by attorneys recover more money in claims than those who deal with insurers on their own.

Beyond the money, accident victims benefit from the assistance their attorneys provide them, particularly as they continue to deal with serious injuries. Your truck accident attorney becomes your advocate, taking care of all contact with insurers and making sure all claim forms are completed properly and all filing deadlines are met.

Your attorney also develops a case for you to receive a proper insurance settlement. This includes compiling evidence of the responsible party’s liability and fully documenting the extent of your losses and the compensation you are due or them. Then, we negotiate aggressively with insurers to compel them to pay an appropriate settlement to you.

If an appropriate settlement agreement cannot be reached, we will be prepared to fight for you in court.

Meanwhile, our representation allows you to focus on your recovery and your family’s needs as your legal claim progresses. You don’t even have to worry about the cost of pursuing a legal claim. We don’t charge fees upfront and, if you don’t win, we won’t charge anything for our services.

What to Do After a Truck Accident in Palm Coast

Protect your rights after a truck accident:

1

Call 911. Take a deep breath and stay calm after an accident. Check yourself for injuries, and see to any passengers. If you think anyone’s injuries are serious, do not move them unless it is necessary to keep them from being further harmed. Call 911 and request emergency assistance.

call 911 right after a truck accident
2

Exchange information. Gather information to provide to the other drivers involved in the accident. Be polite and businesslike with others involved in the accident. Be ready to provide your name, address, commercial driver’s license number, license plate number, and auto insurance information. Get the same from others involved. Also get any company names on the truck, its trailer, or any cargo that is visible. You may choose to wait for the police to arrive and for them to handle the information exchange.

gather driver information involved in truck accident
3

Cooperate with law enforcement. When law enforcement officers respond to a truck accident, follow their directions and answer their questions honestly. But only say what’s necessary to answer the questions you are asked. Do not admit fault or blame anyone else for the crash.

law enforcement officers respond to a truck accident
4

Document the accident. If you can, check to see whether anyone witnessed the crash. Get names and contact information from any witnesses, including your passengers (don’t rely on memory later). Take photos of the vehicles and their damage, your injuries, the road conditions, and anything else that might explain what happened. Take photos from different angles and get as many as you can. Ask a friend or someone else on the scene to take photos for you if you can’t. From here on out, save everything connected to your accident and recovery, especially receipts and correspondence.

document the truck accident
5

Seek medical care. Get medical treatment for your injuries. If you are not taken by ambulance to a hospital, go to an emergency room or urgent care center, or see your family doctor, as soon as possible. Some injuries do not show signs or symptoms immediately but could become serious, even life-threatening later. Tell the doctor about the truck accident and describe all of your symptoms, even the ones that may seem minor.

tell the doctor about the truck accident
6

Contact your insurer. Contact your insurance company and the companies that cover the other driver or drivers to report the accident as soon as you are able. Answer only the questions you are asked. Do not provide information that isn’t requested. Do not blame yourself for the accident or accept blame. Do not downplay your injuries or minimize what happened.

contact the insurer after a truck accident
7

Be wary of insurers. Be careful when you talk to the insurance companies, even your own. Particularly after a bad truck accident, insurers representing the trucking company may contact you with questions. You should avoid giving any type of recorded or written account of the accident without the advice of a truck accident lawyer. Do not sign anything presented by a representative of an insurance company or the trucking company. You could sign away your right to money that you are entitled to.

be wary of insurers after a truck accident
8

Contact a lawyer as soon as you can. If you were hurt in the crash, you should contact an experienced Palm Coast truck accident attorney as soon as possible. The trucking company’s insurance company may offer you a settlement. But, even if the offer looks like a lot of money, it is almost certainly less than you deserve. A qualified and experienced Palm Coast truck accident lawyer can advise you of your rights and legal options in a free initial consultation, including reviewing any settlement offer you have received.

contact a truck accident attorney in palm coast
9

Follow doctor’s orders. Make sure you go to all doctor’s appointments and medical treatments that your healthcare providers schedule you for. Failing to do so could cause your injuries to become more severe. It could also damage your ability to recover fair compensation in a personal injury lawsuit if it is interpreted as an indication you were not injured as badly as you claim.

follow doctor's order after truck accident
10

Document your recovery. Record how the accident has affected your daily life – including your pain and emotional struggles – each day. Write about it and take pictures or videos. This is therapeutic and can help demonstrate the emotional impact that the accident had on you when it comes time to negotiate or litigate the pain and suffering compensation you deserve.

document recovery after a truck accident

Why Hire a Truck Accident Attorney?

  • We can investigate the accident to determine who is at fault and owes you compensation. Several parties might be held liable.
  • Commercial truck accidents are often complex, but our lawyers often consult investigators and accident reconstruction experts to explain the true cause of truck accidents.
  • We can consult medical and vocational experts to develop claims that compensate you for the full extent of your injuries and other losses, including money for how they will affect the rest of your life.
  • Our attorneys will work to identify every potential source of insurance applicable to your case and maximize the amount of compensation you recover.
  • We will stay in touch, keeping you up to date on the progress of your case, and keeping you updated about your medical recovery and other needs.
  • Our experienced truck accident lawyers in Palm Coast will advise you about all settlement offers and other important issues in your case to ensure that you can make informed decisions.

Causes of Truck Accidents

Investigations of previous trucking accidents in Florida and across the country show several common causes, including:

speeding is a common cause of truck accidents

Speeding: Excessive speed is the most common cause of accidents caused by truck drivers, according to the Federal Motor Carrier Safety Administration (FMCSA). Higher speeds make it harder to stop or slow down to avoid a crash and make the impact of collisions worse. Truckers who drive too fast for adverse conditions, such as in traffic congestion or inclement weather, also get into avoidable accidents.

drowsy driving can cause truck accidents

Drowsy driving: It is well-understood that the long hours required to transport goods across the country can lead to fatigue and drowsy driving. The FMCSA has adopted strict hours-of-service (HOS) regulations mandating a limit to the number of hours behind the wheel and specifying rest and sleep breaks needed before driving again. Unfortunately, many truckers violate HOS regulations, sometimes under orders from employers more concerned about delivery deadlines.

distracted driving can lead to truck accidents

Distracted driving: The FMCSA prohibits texting and the use of handheld cellphones while operating any commercial truck, but the problem persists among irresponsible truckers and leads to accidents that should not happen.

truck accidents caused by impaired driving

Impaired driving (drugged driving): Drunk driving accidents are rare in the trucking industry because drivers are subjected to strict testing for blood-alcohol concentration (BAC). However, truckers in crashes have been found with stimulants in their blood, like amphetamines, cocaine and methamphetamine (meth). Other use of recreational drugs, primarily marijuana, has also been found among truckers bored by long-distance travel. Truckers also get into wrecks caused by impaired driving due to certain prescription and over-the-counter drugs.

cargo shift causes truck rollover accidents

Cargo shifts: When cargo loaded onto a commercial truck is not secured properly, it can shift or break free during a quick turn or a sudden stop. Such a cargo shift will change the truck’s center of gravity and may cause the driver to lose control and crash. Cargo shifts are often to blame in truck rollover accidents.

cargo spills causing personal injury

Cargo spills: When cargo spills from a truck, it can hit vehicles, people, or other property, and/or cause oncoming vehicles to crash when they hit the debris. Hazardous material (HazMat) spills may seriously damage real property, especially waterways, in addition to causing personal injury.

truck accidents due to truck failure

Truck failure: The failure of brakes, tires, powertrains, wheels, coupling systems, lighting, and other parts and components of a large commercial truck can cause the vehicle to be wrecked. The Insurance Institute for Highway Safety (IIHS) says post-crash inspections of trucks in one study found that almost 55 percent had at least one mechanical violation of FMCSA standards, and almost 30 percent had at least one condition serious enough that the vehicle should have been taken immediately out of service. Motor carriers (trucking firms) may skip or delay truck maintenance to save money and time.

work zone truck accidents

Work zones: Highway construction or maintenance should be done in an area set aside with barriers and adequate space to keep workers separated from traffic. A work zone should also be set up to provide adequate warning and time for vehicles to slow down before entering. Many work zone accidents occur because truckers fail to slow down adequately. However, if a truck accident was caused by a faulty work zone, negligent contractors or the local government that hired them may be liable.

road conditions may contribute to a truck accident

Road conditions: The condition of a Florida highway may contribute to a truck accident, such as if there are potholes or a weakened and crumbling roadbed. Commercial development or overgrown plants at an intersection may obscure the view. These problems are caused by negligent design or maintenance. In such cases, the local government responsible for the roadway and contractors whose negligence allowed the hazardous conditions may be held liable for an accident.

Common Injuries in Truck Accidents

Because semi-trucks may weigh anywhere from 10,000 to 80,000 pounds, the force of impact when a truck collides with a passenger car, pedestrian, motorcycle, etc., can be horrendous. Studies show that while car drivers and passengers suffer serious or fatal injuries in trucking accidents, truck drivers often walk away.

If you or a loved one survived a trucking accident, your injuries may include:

In addition, suffering a serious injury or witnessing a loved one’s injury or death can cause emotional trauma. Crash victims may suffer conditions like post-traumatic stress disorder (PTSD) after a catastrophic accident, or depression over their own or a loved one’s injuries or loss. Compensation for these injuries may be available, as well.

Compensation Truck Accident Victims May Recover

Because Florida is a no-fault insurance state, motorists injured in truck accidents initially rely on personal injury protection (PIP) coverage they hold to pay their medical costs.

If your losses are more than what PIP provides, Florida law allows you to seek compensation through insurance held by other parties at fault for the accident if you have suffered:

  • Permanent and significant loss of an important bodily function
  • Permanent and significant scarring and disfigurement
  • Other permanent injuries
  • Death of a family member

This may include compensation for:

  • Medical expenses not covered by PIP
  • Mental anguish
  • Lost income
  • Loss of enjoyment of life
  • Lost future earning capacity
  • Loss of familial relationship
  • Pain and suffering

In a trucking accident, the company that employs the truck driver or owns the truck may be held responsible for an accident. Other vendors, such as contractors who load and secure cargo on a truck, may be held liable for a crash if their negligence led to accidents, such as one caused by a cargo shift.

Due to our thorough work investigating your accident and identifying applicable insurance coverage, your trucking accident case may lead to multiple claims for compensation from multiple parties.

Call Our Palm Coast Truck Accident Attorneys Today

Michael D. Chiumento III personal injury lawyer

If you have suffered injuries in a commercial truck accident, you may be entitled to compensation for your medical bills, lost wages, property damage, pain and suffering, and other losses.

Call Chiumento Law, PLLC, in Palm Beach, FL, or contact one of our truck accident attorneys online to arrange for a free legal consultation with our experienced Palm Coast personal injury lawyers.

If someone else’s negligence caused your injuries, whether the truck driver, the trucking company (motor carrier), or another third party, our law firm is dedicated to protecting your rights and aggressively pursuing the maximum compensation you are entitled to receive.

Contact us today for prompt and dedicated assistance.

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Chiumento Law, PLLC has contributed to schools and other organizations that have made a difference in the community and take pride in portraying an active role in our community. Flagler and Volusia Counties hosts an array of events and we are proud to be a part of many of them!

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Chiumento Law, PLLCAttorneys At Law

Palm Coast

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