Panama City Truck Accident Lawyer
One out of every eight traffic-related deaths and 4 percent of all injuries in auto accidents involve large commercial trucks. This type of trucking accident caused more than 4,200 fatalities and 90,000 injuries in 2008.
The size and weight alone of commercial trucks pose significant threats to others with whom they share the road. When semitrucks and other large commercial vehicles collide with smaller vehicles, the weight difference creates a heightened risk of catastrophic injuries and fatalities. All too often, these accidents are caused by incomplete maintenance, improper driver training, careless driving or drivers who are fatigued because of overwork.
You may feel like you don’t know where to turn or whom to trust. At Walborsky Bradley & Fleming, PLLC, our passion is representing you, the injured party, and helping you obtain maximum compensation, recover from your injuries and move on with your life.
What To Do If You Were Involved In A Truck Accident
Have you been involved in a truck accident? Were you injured or did you sustain damages to your vehicle? Are you wondering what to do next? We can help. At Walborsky Bradley & Fleming, PLLC, in Panama City, our attorneys use years of experience when handling all types of truck and car accident cases for clients throughout Florida.
For more information on what to do in a truck accident, please see the information below. To schedule a free consultation, call our Panama City office at , toll free at 850-250-4252 or contact us online.
First: Seek Medical Attention
It is essential that any injuries that you suffered in the truck accident be treated immediately. Injuries can range from minor to severe, but due to the size and weight of a semi-truck versus a smaller vehicle, like a car, injuries can often be devastating.
Your health is most important. Have an ambulance called to the scene and allow yourself to be transported to the hospital in order to be evaluated by a doctor. Many injuries show no visible signs, and symptoms may be subtle. A doctor can then determine your injuries and the extent of the impact that they will have on your life.
Second: Call An Experienced Truck Accidents Attorney
After you have been medically treated, seek legal representation. Regardless of who was at fault in the truck collision, having representation can help ensure that your rights are protected. When you retain our firm to be your legal counsel, we can:
- Begin an investigation
- Gather witness statements
- Take pictures
- Collect medical records
All of this is done in order to file a claim. We can seek compensation from the negligent party, his or her insurance company, your own insurance company and any other parties that may be involved in the case, depending on the specific situation. Our goal is to get you the compensation you deserve in order to move forward with your life.
Three: Do Not Settle With The Insurance Company
Many insurance companies will reach out to the victim of a truck crash within a day or two after the accident. They want to get the case settled and over with as soon as possible, for as little money as possible, because they are looking out for their own best interests.
If you or a loved one has been injured in an automobile or truck accident, contact an experienced personal injury lawyer before you talk to an insurance adjuster. If you are asked to sign any documents, have them reviewed before you do because once you settle, you cannot go back.
Understanding Florida’s Statute Of Limitations And Important Deadlines
Florida law imposes strict deadlines for filing truck accident claims that can permanently bar your right to compensation if missed. Personal injury claims arising from truck accidents generally must be filed within two years from the date of the collision under Florida Statutes Section 95.11. Property damage claims also carry a two-year filing deadline and wrongful death claims have a similar two-year limitation period beginning from the date of death.
However, certain exceptions may extend or shorten these deadlines in specific circumstances, such as when injuries to minors are involved or when government entities are responsible parties. Delays in pursuing your claim can harm your case by allowing critical evidence to disappear, witness memories to fade and documentation to become lost.
Insurance companies are aware of these deadlines and may delay negotiations, hoping you miss the filing window. Consulting an attorney immediately after your accident protects your rights and preserves all available legal remedies.
What Types Of Truck Accidents Occur And What Causes Them?
Commercial truck accidents occur in various dangerous forms:
- Jackknife accidents: Trailer swings out from the cab, blocking multiple lanes
- Underride collisions: Smaller vehicles slide beneath truck trailers, causing catastrophic injuries
- Rollover accidents: Trucks tip onto their sides, particularly on curves
- Wide-turn collisions: Trucks swing left before turning right, crushing adjacent vehicles
- Rear-end crashes: Massive weight differential causes devastating damage
- Tire blowouts: Large trucks careen across roadways, creating multivehicle hazards
Common preventable causes include driver fatigue from pushing beyond safe limits, hours of service violations disregarding federal rules and improper maintenance allowing defective brakes and worn tires. Other causes include overloaded or improperly secured cargo causing instability, distracted driving from phone use and impaired driving from alcohol or drugs, compromising judgment.
Who Can Be Held Liable In A Truck Crash?
Determining liability often involves investigating multiple parties:
- Truck driver: Direct responsibility for negligent actions causing collisions
- Trucking company: Vicarious liability for employee actions and direct liability for negligent hiring or inadequate training
- Vehicle owners: Liable for maintenance failures when different from operators
- Cargo loading companies: Responsible when improper loading causes shifted or fallen cargo
- Maintenance companies: Liable for substandard repairs or inspections
- Parts manufacturers: Responsible under product liability for defective components
- Freight brokers: May share liability for hiring unqualified carriers
Investigators trace responsibility by examining driver logs, company policies, maintenance records, black box data and cargo documentation.
What Injuries Result From Truck Accidents?
The massive size of commercial trucks creates catastrophic injury potential:
- Traumatic brain injuries: From concussions to severe cognitive impairments requiring lifetime care
- Spinal cord injuries: Causing partial or complete paralysis, permanently altering mobility
- Amputations: From crushing forces or medical necessity following severe limb damage
- Internal injuries: Life-threatening organ damage requiring emergency surgery
- Multiple bone fractures: Necessitating extensive surgical intervention
- Soft tissue injuries: Severe lacerations, burns and muscle damage
- Emotional trauma: PTSD, anxiety and depression affecting quality of life
Catastrophic injuries often require costly long-term care including ongoing medical treatment, multiple surgeries, physical therapy, occupational therapy, home health assistance and medical equipment. This makes fair injury compensation essential.
What Damages Can You Recover After A Truck Accident?
Florida law allows comprehensive compensation to address the harm suffered by victims of commercial truck accidents, including:
- Economic damages: Medical expenses, lost wages, lost earning capacity, property damage
- Noneconomic damages: Pain and suffering, emotional distress, loss of enjoyment of life, permanent disability
- Future losses: Anticipated medical needs and reduced earning potential
- Loss of consortium: Spousal compensation for loss of companionship
- Punitive damages: Awarded for egregious misconduct to punish and deter
Calculation factors include injury severity, treatment duration, disability permanence, age and occupation, degree of fault and available insurance coverage.
How Does Comparative Fault Affect Your Truck Accident Recovery?
Florida follows a modified comparative negligence system, allowing recovery even when you share partial fault, as long as your responsibility does not exceed 50%. Your compensation reduces proportionally to your assigned fault percentage. For example, if you are found 20% at fault, your total damages decrease by 20%. Insurance companies aggressively argue for higher fault percentages to minimize payouts. Contact our firm immediately when fault disputes arise, as skilled legal representation significantly impacts final fault determinations and your resulting compensation.
What Wrongful Death Claims Apply After Fatal Truck Crashes?
When truck accidents result in death, surviving family members may pursue wrongful death claims under Florida Statutes Section 768.16 through 768.26. Personal representatives of the deceased’s estate file lawsuits on behalf of survivors including spouses, children, parents and certain relatives, depending on circumstances. Recoverable damages include medical and funeral expenses, loss of the deceased’s prospective earnings and benefits, loss of companionship and protection, mental pain and suffering of survivors and loss of parental guidance for minor children. These claims recognize both the economic losses families suffer without their loved one’s financial support and the immeasurable emotional toll of losing a family member to preventable negligence.
We Help Clients Throughout The Panama City Area
Walborsky Bradley & Fleming, PLLC, offers aggressive representation following your truck accident. Our extensive knowledge of insurance companies and their common practices helps our efforts to maximize recovery by utilizing all of the insurance coverage available to you, including policies on other vehicles, uninsured motor vehicle protection, medical payment coverage and PIP benefits.
We will work tirelessly to do what is best for you and to secure the compensation you need to make a full recovery and meet your current and future needs. For more information, please see our page on what to do in a truck accident.
We are on your side. Call us locally in Panama City at 850-250-4252 or toll free at 850-250-4252 today to speak with an experienced and passionate advocate. You may also connect with us online.