If you've been hit by a delivery truck in Florida, the shock and aftermath can feel overwhelming. Whether it's a vehicle from a major courier company like FedEx or UPS, a ride share service, or an Amazon delivery van, the steps you take immediately following the accident are crucial for your health, safety, and legal rights. In a state bustling with tourists and residents alike, Florida's roads are increasingly shared with commercial vehicles, making such accidents more increasingly common. You should be aware of the immediate actions and legal considerations following such a distressing event, ensuring you're informed and prepared to protect your rights and well-being.
IMMEDIATE STEPS TO TAKE AFTER THE ACCIDENT
If you find yourself in the unfortunate situation of being hit by a delivery truck, taking the right steps immediately after the incident can significantly impact your health and the outcome of any future claims.
Here's What You Need To Do...
ENSURE SAFETY: Your first priority should be safety. If you're able to move, get to a safe location away from traffic. If you're injured and unable to move, try to signal to others for help without putting yourself in further danger.
CALL 911: Regardless of the accident's severity, it's essential to call 911. This ensures that you receive necessary medical attention and that the police document the accident, both of which are crucial for any legal action.
DOCUMENT THE SCENE: Use your smartphone to take pictures of the accident scene, including the vehicle that hit you, any visible injuries you have, and the surrounding area. If there are any skid marks, traffic signs, or environmental factors that contributed to the accident, document these as well.
COLLECT INFORMATION: If possible, exchange information with the driver of the commercial vehicle. This includes their name, contact information, insurance details, and the name of the company they're driving for. Also, try to collect contact information from any witnesses.
AVOID DISCUSSING FAULT: It's important not to discuss fault at the accident scene. Statements made in the heat of the moment can be used against you later. Simply focus on gathering information and documenting the incident.
SEEK MEDICAL ATTENTION: Even if you feel fine, it's crucial to get a medical evaluation as soon as possible. Some injuries may not be immediately apparent, and having a medical record from right after the accident can be vital for your claim.
REPORT THE ACCIDENT TO YOUR INSURANCE: Inform your insurance company about the accident, but be cautious about the details you provide until you've consulted with a lawyer. Stick to the facts and avoid making speculative statements.
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Understanding Your Rights
After ensuring your immediate safety and health following an accident with a delivery truck in Florida, it's essential to understand your legal rights. Florida's laws provide protections and avenues for compensation to accident victims, but navigating these laws can be complex.
Here's what you need to know:
Florida's No-Fault Insurance Law: Florida operates under a no-fault insurance system for car accidents, which means that your own insurance company will cover your medical bills and lost wages up to a certain limit, regardless of who was at fault for the accident. However, this system does not preclude you from seeking further compensation under certain conditions, especially in accidents involving significant injuries.
Right to Compensation from the At-Fault Driver: If your injuries meet a certain severity threshold, you may pursue additional compensation from the at-fault party. In the case of commercial vehicle accidents, this could involve the driver or the company they work for. Compensation can cover medical expenses, future medical care, lost income, pain and suffering, and more.
Liability and Commercial Vehicles: Accidents involving commercial vehicles can introduce additional layers of complexity, as these cases may involve corporate insurance policies and questions of liability, including whether the driver or the company is responsible. Understanding how these factors impact your case is crucial.
Statute of Limitations: In Florida, there is a time limit for filing a lawsuit for personal injury claims, including those arising from pedestrian accidents. For most instances, the statute of limitations in the state of Florida is 2 Years. This makes it important to act promptly and seek legal advice to ensure your rights are protected.
Seeking Legal Assistance: Given the complexities of the law and the challenges of dealing with insurance companies and corporate legal teams, consulting with a personal injury lawyer experienced in pedestrian and commercial vehicle accidents in Florida is advisable. A lawyer can help you understand your rights, the value of your claim, and the best path forward.
The Role of Commercial Vehicles in Accidents
Accidents involving commercial vehicles, including delivery trucks, 18-wheelers, and ride share vehicles, present unique challenges and considerations for victims.
Understanding the role of these vehicles in accidents and the legal landscape can help you navigate your claim more effectively.
Increased Liability Issues: Commercial vehicles are often owned by businesses that have comprehensive insurance policies, which can mean higher potential compensation for victims. However, it also means dealing with corporate insurance adjusters and attorneys who are adept at minimizing payouts. Identifying all liable parties, which can include the driver, their employer, and even third-party contractors, is crucial.
Federal and State Regulations: Commercial vehicles are subject to a myriad of federal and state regulations, including those regarding hours of service, maintenance, and driver qualifications. Violations of these regulations can significantly impact liability and the outcome of your claim.
Challenges in Proving Fault: Proving fault in accidents involving commercial vehicles can either be crystal clear or more complex due to the need to demonstrate negligence on the part of the driver or the company. This often requires a thorough investigation, including reviewing driver logs, maintenance records, and the vehicle's electronic data recorder (EDR), commonly known as the black box.
Severity of Injuries: Due to their size and weight, commercial vehicles can cause more severe injuries than passenger cars. This can lead to higher medical costs and longer recovery times, increasing the stakes of the legal claim.
Economic and Non-Economic Damages: Victims of commercial vehicle accidents may be entitled to compensation for both economic damages (such as medical expenses and lost wages) and non-economic damages (such as pain and suffering). Calculating these damages accurately is essential for ensuring fair compensation.
Seeking Legal Assistance In Florida
Hiring an attorney after a commercial vehicle accident in Florida is crucial for navigating the complexities of insurance claims and securing the compensation you rightfully deserve.
Expertise in Commercial Vehicle Laws: Personal injury lawyers with experience in commercial vehicle accidents are familiar with the specific laws and regulations that apply. Their expertise allows them to navigate the complex legal landscape effectively, identifying all potential sources of liability and insurance coverage.
Investigative Resources: An experienced lawyer should have access to investigative resources needed to build a strong case. This includes reconstructing the accident scene, analyzing black box data, and consulting with medical experts to fully understand the extent of your injuries and how they will impact your life.
Negotiating with Insurance Companies: Insurance companies often attempt to settle claims quickly and for as little as possible. A skilled attorney will negotiate on your behalf, ensuring that any settlement offer fairly compensates you for your injuries, damages, and future needs.
Litigation Experience: If a fair settlement cannot be reached, having a lawyer with litigation experience is invaluable. They will represent you in court, presenting your case compellingly to achieve the best possible outcome.
No Upfront Costs: Most personal injury lawyers and law firms work on a contingency fee basis, meaning you don't pay any upfront costs. You only pay attorney fees when and if they win your case, which aligns your lawyer's interests with your own.
Peace of Mind: Perhaps most importantly, having legal representation provides peace of mind during a challenging time. Your lawyer will handle all aspects of your claim, allowing you to focus on your recovery.
How Our Firm Can Help You
At The Sheldrick Law Firm, we represent victims of commercial vehicle accidents all across Florida. Attorney Kayla Sheldrick is dedicated to fighting for the rights of those injured by the negligence of others. We understand the physical, emotional, and financial toll an accident can take, and we're here to make the legal process as smooth and effective as possible.
Statewide Representation: With mailing addresses in Boca Raton and Sarasota, and the ability to meet clients virtually or at a remote office near by, we serve accident victims throughout the entire state of Florida.
Comprehensive Support: From the initial consultation to the resolution of your case, we provide comprehensive support, ensuring you're informed and comfortable at every step.
Successful Track Record: Our firm has success securing favorable settlements for our clients, reflecting our commitment to achieving the best possible outcomes.
If you or a loved one has been hit by a commercial vehicle in Florida, contact us today for a free consultation. Let us help you navigate the legal process and fight for the compensation you deserve.
The Sheldrick Law Firm P.A.
Available 24/7
Call (561) 440-7775
Florida, New Jersey, New York