If you or a loved one have been the victim of a truck accident in Westchase, our Westchase truck accident lawyers can help. By nature, truck accidents typically involve life-altering injuries and multiple parties, making them far more complex than other lawsuits.
Whether you’ve been hit by a large semi-truck on I-75 or injured while operating one, we can help. If the accident wasn’t your fault, why should you suffer more? You deserve to be compensated for your injuries and ongoing economic losses.
Our Westchase car truck lawyers Sean McQuaid and Jonathon Douglas can help you get the money you deserve. We don’t ask for payment upfront, striving always to get the maximum possible settlement. Call us today for a free consultation
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How a Westchase Truck Accident Lawyer Can Help Your Case?
We Can Win You The Maximum Possible Settlement
We know that the injuries in truck accidents are usually devastating. Their long-term costs should not be underestimated. From immediate medical bills to a loss of income, there is a lot to consider.
Your insurance company will not calculate the true cost. Sadly, they’re for-profit and will give a pathetic offer unless you challenge them.
Our Westchase truck accident lawyers will determine the true value of your injuries and negotiate the maximum possible settlement.
Using our extensive resources such as crash analysts, financial experts and investigation skills, we’ll build a case that proves you require the calculated settlement fee.
We Work. You Recover.
Insurance agents delay, deny, manipulate and trick their customers into accepting low-ball offers. Dealing with them is stressful, tense and laborious.
Our Westchase truck accident lawyers will take the reins. From initial phone calls to paperwork and negotiations, we’ll take care of the stressful side – so you can recover as best possible.
You won’t need to worry about learning the law and what’s possible. As experts in the field, our Westchase truck accident lawyers give you the best shot at the maximum possible settlement.
Truck Accident Statistics
Florida Truck Statistics
In 2021, the FLHSMV Florida Highway Safety and Motor Vehicles Department reported:
Medium or Heavy Trucks (Over 10,000 lbs)
- 28 fatal
- 124 incapacitating
- 458 non-incapacitating
- 983 possible injuries
Light Trucks (Under 10,000 lbs)
- 8 fatal
- 63 incapacitating
- 260 non-incapacitating
- 674 possible injuries
National Truck Statistics
- 415,000 large truck crashes.
- 101,000 (24%) injury crashes.
- 4,444 (1%) fatal crashes.
- 81% of large truck injuries involve trucks hitting vehicles first.
- 2% of large truck injuries involve overturned vehicles.
- 83% of fatalities in truck accidents are people not in the truck.
Single-Vehicle Crashes
- 22% of all fatal crashes (compared to 62% when involving two vehicles)
- 16% of all injury crashes
- 24% of all property damage
Location of Truck Accidents
- 54% of all fatal crashes occur in rural areas.
- 27% occur on Interstate highways.
- 13% occur on rural Interstate highways.
Other Details
- Hazardous materials (HM) cargo was present in 2% of large truck injuries.
- 6% of large truck drivers tested positive for a drug.
- Drive-related factors caused 32% of large truck fatal crashes.
Should I Hire a Westchase Truck Accident Lawyer for a Minor Accident?
Yes. Even smaller injuries such as broken bones or whiplash are often underestimated by insurance companies. Any accident where you’ve lost income or been forced to pay medical bills can warrant a need for a Westchase truck accident lawyer.
Can I Win Compensation for My Truck Accident in Westchase?
Victims of truck accidents in Westchase can usually win compensation, as even if they were partly to blame the accidents tend to involve complications such as truck companies failing to maintain safety standards or road conditions exacerbating the accident severity.
You can win a settlement for your truck accident damages by filing a ‘personal injury claim’ with your insurance company. As Florida is a ‘no-fault’ state, you don’t need to deal with the opposing party’s insurer.
Your claim must include evidence that another party’s negligence resulted in your injuries.
Your claim will then be analyzed by an insurance agent and they’ll give you a settlement offer. In most cases, the first offers will be far lower than what they should be.
Get Medical Care Within 14 Days
In Florida, you must receive medical care within 14 days of your accident to qualify for settlement from your Personal Injury Protection (PIP) benefits.
We recommend that you visit a hospital, if you haven’t already, even if your injuries are minor. Symptoms may arise after 14 days, especially those for brain injuries and whiplash.
Florida’s โComparative Fault’ Law
Florida’s ‘comparative fault’ law determines the share of truck accident liability. Each party involved has a share of the responsibility.
For example, Kyle was driving his car 10 mph above the speed limit when he hit a truck. So he was deemed partly responsible. But the truck driver had faulty brakes and failed to slow down in time, triggering the accident. So the truck driver, the truck manufacturer and the trucking company shared a large percentage of the fault. Kyle took 10% of the fault, so his $100,000 settlement was reduced by $10,000.
How to Prove Negligence?
Negligence is when another party breaches the duty of care they owed you, resulting in your damages.
To prove negligence, in a truck accident, we’ll collect evidence. The police and insurance companies won’t do this for you.
Evidence often includes:
- Police reports
- Eyewitness statements
- Photos or videos of the accident scene
- CCTV footage or dashcam footage
- Expert testimonies
- Speed camera data
- Truck maintenance reports
- The truck’s black box
- Truck driver schedules
- Truck cargo schedules and details
How Much Is My Westchase Truck Injury Claim Worth?
Determining the true cost of your Westchase truck injury requires investigative work. Many people underestimate the true costs, assuming they can only get compensated for their medical expenses. However, you can get compensated for many types of damages including those in the future.
Generally truck accident injuries are of higher value than other personal injury claims, as they regularly involve life-altering severe injuries.
Our Westchase truck accident lawyers will use financial experts and medical specialists to calculate the true cost.
Who Was At-Fault for My Truck Accident in Westchase?
Truck Drivers
With 32% of truck accidents caused by a driver-related factor, there is a high chance you will need to prove the driver was negligent.
A truck driver may have been intoxicated, speeding or violated a traffic law. In these cases, our Westchase truck accident lawyers will use police reports, crash deconstructionist, black boxes and video footage as evidence.
The Trucking Company
Trucking companies have a duty to ensure all their trucks and drivers are safe for road-use. This includes factors such as performing background checks on drivers, complying with regulations and ensuring drivers are not fatigued.
Any failure to meet these standards can result in disastrous accidents.
Vehicle Manufacturer
Trucks are extremely heavy vehicles. Especially large semis. If they have a manufacturing defect (for example, to brakes or hydraulics), then accidents can occur in catastrophic ways.
Your own vehicle may have had faults too. For example, your seatbelt or airbag may have failed to protect you.
Our truck accident lawyers will work hard to recover evidence from the crash report that reveals any vehicle defects.
Truck Maintenance Providers
Similarly, trucks must be regularly maintained to ensure parts are not on the verge of failure. This can be the responsibility of the trucking company and/or the maintenance provider.
Our Westchase truck accident lawyers can potentially obtain technician reports that reveal whether the truck was properly checked and maintained.
Government Agencies
Some accidents can be triggered or made worse by poorly maintained roads, traffic signals, speed limits and more. For example, guardrails were recently found to be incorrect posing a risk to road users.
It’s common that government agencies are negligent alongside another party, such as a truck driver.
The Shipping Provider
Cargo in large trucks must be carefully balanced to avoid weight balance issues when traveling around curves, changes in elevation or under braking.
The packing of the truck that hit you should be considered in any truck accident claim.
Common Causes of Truck Accidents
The FMCSA reports the following causes of truck accidents in the U.S.:
| Cause: | Involved in % of truck crashes: |
| Faulty truck brakes | 29% |
| Driver speeding | 23% |
| Driver unfamiliar with the route | 22% |
| Poor roadway condition | 20% |
| Driver affected by over-the-counter drugs | 17% |
| Driver inadequate surveillance | 14% |
| Driver fatigue | 13% |
| Driver distraction | 10% |
| Driver working under time constraints | 10% |
| Illegal maneuvers | 9% |
| Driver inattention | 9% |
| Truck tire failure | 6% |
| Tailgating | 5% |
| Driver jackknifing truck | 5% |
| Truck cargo shift | 4% |
| Driver illness | 3% |
| Intoxicated driver | 3% |
What Damages Can I Recover in a Truck Accident Claim?
The damages in a truck injury case are typically wide-ranging. Our Westchase truck accident lawyers will take care to cover all of the following potential damage:
Economic Damages
These are damages that have a monetary value attached:
- Medical Expenses
- Rehabilitation Costs
- Lost Wages
- Loss of Future Earnings
- In-Home Care Expenses
- Medical Equipment Costs
- Transportation Expenses
Non-Economic Damages
Non-economic damages do not have a specific monetary value, but can qualify for compensation through expert analysis:
- Loss of enjoyment of life
- Loss of consortium
- Depression and mental health issues
- Post-Traumatic Stress Disorder
- Pain and Suffering
- Scarring and Disfigurement
- Long-term disabilities
Common Injuries in Westchase Truck Accidents
Truck accident injuries are amongst some of the most expensive in the insurance industry. They include:
Traumatic Brain Injuries
Traumatic brain injuries (TBIs) are common in truck accidents as they result from blows to the head. They can be life-changing, especially if not addressed quickly as the secondary injury (internal bleeding or swelling) can emerge without warning.
If you have experienced any blow to the head in your accident, we urge you to visit a doctor as soon as possible. TBIs can cause mild concussions, comas, loss of cognitive function and death.
Spinal Cord Injuries
When large trucks collide with passenger vehicles, their sheer power often results in huge accidents that damage the fragile spinal cord system.
The spinal cord is a bundle of nerves that affects movement and sensation. Full and partial paralysis is sadly seen in many serious truck accidents in Westchase.
If you’ve been the victim of a spinal cord injury, you deserve significant compensation for the extensive care, rehabilitation and equipment you’ll require for the rest of your life.
Burns, Scarring and Disfigurement
2% of truck accident injuries involve hazardous materials. This can cause acid burns or fires that cause third-degree burns. Burns such as these may require ongoing treatment, including surgery, rehabilitation and cosmetic work.
If you’ve suffered burns, scarring or disfigurement from a truck accident in Westchase, you deserve the maximum possible settlement for the affect it will have on your life and wellbeing.
Soft Tissue Damage
Damage to muscles, tendons and ligaments is a common consequence of powerful collisions with heavy trucks. These injuries can be recoverable but can lead to long-term chronic pain and suffering.
Victims deserve compensation for the immediate damages and long-term consequences they’ll endure.
Other Injuries
Other injuries from truck accidents may include:
- Amputation
- Back, shoulder, and neck injury
- Catastrophic injury
- Chest injury
- Crushing injury
- Degloving
- Eye injury
- Fractures and broken bones
- Head injury, including concussion
- Paralysis
- Whiplash
What If Someone Dies in a Truck Accident in Westchase?
If someone close to you has been killed in a truck accident in Westchase, you may be able to file a wrongful death claim. This claim allows you to recover expenses related to their death.
We welcome you to call our compassionate Westchase truck accident lawyers today for a free consultation.
What Types of Trucks Are There?
You may find it useful to distinguish what type of truck was involved in your accident.
Flatbeds
Flatbeds are a common sight on the roads and highways around Westchase. They typically transport large construction materials and heavy machinery.
However, if not secured properly the cargo can trigger devastating accidents.
Flatbeds take a significant time to come to a stop.
Tankers
Tankers are large trucks commonly used for transporting hazardous liquids such as oil and fuel. Accidents involving these often result in large fires and/or explosions.
Tractor Trailers
Tractor trailers, also known as ‘semi trucks’, are the biggest trucks you’ll see on Westchase roads. Weighing as much as 80,000 lbs when fully loaded, they can cause catastrophic accidents.
Tow Trucks
Tow trucks aid stranded motorists, taking away their vehicles. As a result, they carry significant weights that can act as wrecking balls in auto accidents.
Garbage Trucks
Garbage trucks are among the few types of trucks seen in urban areas such as Tampa Bay. Due to that they can be involved in life-threatening accidents without moving at high speeds. Sadly, garbage truck accidents in Tampa have involved pedestrians.
Mail and Delivery rucks
Delivery trucks such as The United States Postal Service (USPS), DHL and Amazon deliver thousands of letters around Westchase every day. The drivers are under strict time constraints which can lead to careless driving accidents.
Moving Trucks
Trucks from Penske, Enterprise and U-Haul are rental and are not operated by people familiar with handling trucks. Their limited experiences can lead to accidents where the driver is the negligent party.
Florida Truck Regulations
Truck drivers in Westchase must follow State and Federal trucking regulations. If they didn’t they may be partially negligible for the accident.
Truck Vehicle Regulations
- Trucks must undergo an inspection every 12 months from a qualified inspector.
- Trucking companies should inspect the truck’s safety components every 90 days.
- Truck drivers must file a post-trip vehicle inspection report.
- Truck owners must certify that identified issues or immediate repairs have been resolved before the vehicle operates again.
Truck Driver Regulations
- All commercial truck drivers must have a commercial driver’s license (CDL).
Truck drivers cannot exceed:
- More than 12 total hours of driving after 10 consecutive hours off duty.
- Driving after 16 consecutive hours, after 10 consecutive hours off duty.
- 80 hours on duty in any seven-consecutive-day period, or;
- 80 hours on duty in a 80-day period (this limitation resets after an off-duty period of at least 34 consecutive hours).
There are also several Federal interstate commerce trucking regulations.
What is a Truck’s Black Box?
All commercial trucks in the U.S. are required to record specific data. Most trucks do this via a ‘black box’.
The device records critical vehicle data about its condition and driver behavior. Our Westchase truck accident lawyers will strive to obtain the data from the box to reveal:
- Airbag status
- Communication information
- Cruise control settings
- Mileage
- Precise GPS location
- The steering angle
- The truckโs RPM
- The truckโs speed
- The use and force of brakes
- Throttle application
- Tire pressure
- Seat belt status
Hire a Truck Accident Lawyer in Westchase, FL
Free Consultations
If you or a loved one have been injured in a truck accident in Westchase, Florida, then we welcome you to contact our Westchase truck accident lawyers for a free consultation.
Sean McQuaid and Jonathon Douglas are award-winning Personal Injury Lawyers with vast experience, a proven track record, a strong reputation and impressive resources. We believe we provide the strongest chance of winning the maximum possible settlement to rebuild your life.
