West Palm Beach Truck Accident Attorneys
We Represent Vicitims in West Palm Beach, Port St. Lucie & South Florida
There is no such thing as a simple truck accident claim — for two reasons.
First, these types of crashes often involve serious injuries, which require extensive medical treatment and thorough documentation. Second, the sheer number of parties involved in a truck’s operation can necessitate an in-depth investigation to prove exactly who was at fault and should be held responsible.
Over Three Decades Helping South Florida Recover for Serious Trucking Accident Injuries
At Rosenthal, Levy, Simon & Sosa, our experienced truck accident attorneys have been securing maximum compensation for crash victims in West Palm Beach, Port St. Lucie and surrounding South Florida areas for more than three decades.
Our knowledgeable legal team understands the federal and state regulations that govern trucking companies, and we have the skills needed to fight aggressively for crash victims’ rights.get your free case review
HERE’S WHAT OUR TEAM WILL DO FOR YOU
If you or a loved one has been hurt in a truck accident, you can trust our dedicated team to:
Our attorneys will review the details of your case and discuss all of your options for pursuing full and fair compensation, including compensation for past, present, and future medical bills, lost wages, vehicle repairs, and pain and suffering. You do not need to worry about paying anything upfront to get started on your claim. Rather, our firm only gets paid if we secure money for you.
This may entail tracking down the truck’s black box, driver logs, GPS and cellphone data, maintenance records and police accident reports. We will also talk to any witnesses about what they remember and send an accident reconstruction expert to the scene to prepare a breakdown of what happened.
Our attorneys stay in contact with you throughout the claims process to get updates on how you are feeling. We may also hire medical specialists to evaluate your injuries and help determine how you will be affected into the future.
Trucking accidents are different from other auto accidents because there are so many parties involved in keeping a truck on the road. In some cases, multiple parties may be to blame for an accident, so it is crucial to have a knowledgeable attorney on your side who has the resources to thoroughly investigate what happened.
Determining Liability in a West Palm Beach Truck Accident
In all types of accidents, determining who is at fault and paying for the losses the victim incurred always depends on what exactly occurred. If the truck driver is an independent contractor, they may be held responsible for the crash. But if they are an employee of a trucking company and were working for the company when the crash occurred, the company may be held liable for the driver’s actions and the accident under the legal concept called vicarious liability.
Under this concept, the company is financially responsible for the injuries and losses resulting from the accident. But this will only apply if you can prove that the driver’s acts were not intentional, and the crash happened while they were performing duties within their scope of employment.
Other Parties Can Also Be Held Liable For Your Losses
In some cases, the cause of a truck accident may be something beyond the control of the truck driver. When this happens, negligence may fall on the following parties:
- The manufacturer of the truck – If you can prove that the truck had operating or mechanical issues or was defective in some way, the manufacturer of the truck or defective truck component may be found responsible for the crash.
- The shipper or cargo company – If it’s proven that the truck was loaded with excess cargo or the cargo was not loaded properly or distributed equally on the truck bed, the cargo company that placed the cargo could be held accountable for the accident.
- The vehicle’s maintenance company – The maintenance company contracted by the truck company may also be held liable for the crash. For example, they can be liable if they failed to properly or regularly maintain the vehicle or failed to change its lights, brakes, tires, fluids, etc., and any of these contributed to or caused the crash.
- The government agency in charge of road maintenance – In some cases, poorly maintained or otherwise damaged roadways can cause or play a role in truck crashes. If you can prove that the county, city, or township responsible for the maintenance tasks was negligent in their duties, they can also be held accountable for the accident.
If more than one party shares fault and liability for the truck crash, the West Palm Beach truck accident attorneys at Rosenthal, Levy, Simon & Sosa will ensure that all of them will be held liable for the part they played in the accident. Usually, seeking damages becomes more complicated when there are multiple parties involved.
Truck accidents become more complex since they involve violations of federal and state regulations that may apply to all parties, including the driver, the trucking company, and everyone else involved in the crash. It’s very common for at-fault parties to point the blame on one another to avoid paying fair compensation to injured victims. But our West Palm Beach truck accident attorneys will make sure that you receive the financial recovery you need and deserve to get your life back on track.
CONTACT US TODAY FOR ASSISTANCE. HABLAMOS ESPAÑOL
Our attorneys always fight for maximum compensation, whether that comes in the form of a truck accident settlement or a jury verdict.
Do not wait to get started on your truck accident claim. Schedule a free consultation now to learn what types of compensation you may be entitled to.
Call 866-640-7117 or fill out our online form now to schedule a free case consultation. We are also available to discuss your case in Spanish.get your free case review
Alarming Truck Accident Stats in Florida
The following Florida truck accident statistics are based on the Florida Highway Safety and Motor Vehicles (FLHSMV) Traffic Crash Facts Annual Report 2020:
- 2,764 traffic crashes involving light to heavy trucks in Florida resulted in injuries that ranged from mild to incapacitating and life-changing. 36 people also died from truck crashes.
- Crashes involving light trucks resulted in 387 injuries and four
- Crashes involving medium to large trucks resulted in 597 injuries and 32 deaths.
- Lucie saw 569 truck and bus crashes that resulted in 107 injuries and seven deaths in 2020.
- Palm Beach saw 2,813 truck and bus crashes that resulted in 608 injuries and 15 deaths in 2020.
- According to 2019 NHTSA FARS data, large truck crashes resulted in 340 deaths in Florida. More than half of these deaths, 174, were caused by tractor-trailers. 66 deaths were caused by trucks weighing more than 26,000 pounds, and 47 deaths were caused by trucks weighing between 10,000 pounds and 19,500 pounds.
Common Causes of South Florida Truck Accidents
Truck accidents that occur in and around West Palm Beach can happen for a variety of reasons. One of the most common causes of South Florida truck accidents is truck driver error and negligence. In some instances, these accidents happen when a truck driver is operating his or her vehicle in a reckless, aggressive, or careless manner under the circumstances.
For example, the truck driver may have violated a Florida rule of the road, such as by failing to yield the right of way to the proper vehicle, running a red light at a traffic intersection, or running a stop sign and colliding with another vehicle. The truck driver might have also been unlawfully tailgating another vehicle or weaving in and out of traffic without using the proper turn signals. Likewise, the truck accident may have occurred because the truck driver did not comply with federal or state motor carrier regulations – including those regulations that apply to load limits, weight limits, and overhead/undercarriage lighting on the tractor and trailer.
At other times, truck accidents occur when drivers operate their vehicles while distracted. For example, the truck driver might have been paying attention to a tablet, smartphone, or another device instead of watching the road like he or she was supposed to be doing. Serious truck accidents might also occur when drivers are intoxicated or fatigued while they are operating their vehicles on highways around West Palm Beach.
Some truck accidents are completely or partially the result of trucking company negligence. Trucking companies are responsible for hiring responsible drivers to operate their vehicles, and when they fail to hire, retain, or supervise their drivers, and those drivers are involved in accidents, the trucking company could be fully or partially to blame for the resulting accident.
These are only a few examples of possible causes of truck accidents. The experienced West Palm Beach truck accident lawyers at Rosenthal, Levy, Simon & Sosa can investigate the factual circumstances which led to your truck accident. We can then pursue the necessary insurance claims or lawsuit against all potentially responsible parties for your accident. We will also ensure that your claim or lawsuit is filed in a timely manner and well within the Florida statute of limitations that is applicable to personal injury claims – including those that involve truck accidents.
Common Injuries in Truck Accidents
Because trucks are significantly larger and heavier than other motor vehicles, drivers and occupants of smaller vehicles suffer the most injuries in accidents. These injuries, including the ones below, normally require prompt medical treatment and extensive to lifelong treatment, which can be immensely costly and stressful:
Brain and Head Injuries
Head injuries can be as mild as a bruise that will not require any treatment or a serious concussion that will require prompt medical attention. Brain injuries, on the other hand, can have severe effects. In more severe cases, injured victims may become comatose temporarily or for the rest of their lives.
Spinal Cord Injuries
These cause complete, temporary, or partial paralysis. The spine is the body’s main information superhighway since its nerves send messages from the brain to all the other body parts. This means an injured spine can easily wreak havoc on your overall health.
Neck and Back Injuries
The neck and back have tiny delicate ligaments and bones that can easily be damaged in a truck accident. Whiplash can occur when the neck and head snap forward and backward rapidly, but the torso remains in place. In some cases, whiplash may not manifest right away but then appear several hours to a month after a collision.
Although simple fractures can heal over time, more severe fractures will require extensive physical therapy and rehab. Otherwise, the bones may not heal properly and cause mobility problems and other issues in the future.
These can occur from shattered glass, metal, and other objects that fly around inside the vehicle during a collision. In more serious cases, cuts can lead to potentially fatal infections, disfiguring scars, and severe blood loss.
Severe burns can be potentially deadly since they can result in fluid loss, serious infections, permanent scarring and disfigurement, and even amputation.
Amputation can occur due to the impact of the crash or from other injuries, such as severe burns and infections. Amputees typically require ongoing medical care and the use of adaptive devices, such as prosthetics.
SEEKING COMPENSATION FOR LOSSES ARISING FROM A TRUCK ACCIDENT
If you have been involved in a truck accident in which you suffered injuries, you might be able to file one or more claims. Since Florida is a no-fault state, accident victims are first required to turn to their own insurance companies for medical damages and lost wage compensation. However, if your damages exceed the limits of your personal injury protection (PIP) coverage (which must be $10,000 at a minimum), or if you suffered a threshold injury, you will then be eligible to file a legal action against the responsible truck driver and/or the trucking company that employs that driver.
A knowledgeable South Florida truck accident attorney will be able to help you pursue the necessary claim or lawsuit that seeks monetary compensation and damages on your behalf. We will fight for your right to recover the compensation that you deserve for your truck accident injuries and losses.get your free case review
POTENTIAL TYPES OF FINANCIAL RECOVERY AVAILABLE IN WEST PALM BEACH TRUCK ACCIDENT CASES
When a large semi-truck, 18-wheeler, or big rig collides with a much smaller vehicle, it is usually the driver and occupants of the smaller vehicle who are injured the most severely. When this happens, the accident victim or victims could pursue monetary compensation for all of the injuries which they suffered in their accident.
Truck accident injuries, including fractures, broken bones, soft tissue injuries, head injuries, and back injuries, often require a significant amount of medical treatment. For example, the accident victim might need to undergo an expensive surgery in order to fully recover from an accident-related injury. In addition, the accident victim might need to undergo physical therapy and rehabilitation for his or her injuries. All of this treatment is legally compensable.
In addition, the accident victim might need to miss time from work in order to attend medical appointments and recover from the injuries he or she sustained in the accident. As a result, the accident victim could lose a significant amount of income – especially if he or she has to miss weeks or months of work time in order to recover.
A truck accident victim with serious injuries can also bring a claim for noneconomic damages. These damages are meant to compensate the accident victim for all of his or her pain and suffering, mental distress, inconvenience, emotional anguish, and other intangible damages that flow from the accident. The truck accident victim could also file a claim for loss of use of a body part, permanent disability, or loss of enjoyment of life related to injuries suffered in the accident. In order to claim these types of damages, a qualified health care provider must usually state that the accident victim sustained a permanent injury.
The knowledgeable truck accident attorneys at Rosenthal, Levy, Simon & Sosa will help you pursue the monetary damages that you need for your truck accident injuries. Our legal team will help you pursue a settlement in your case, but if necessary, we can litigate your case in the court system to seek the favorable conclusion that you deserve.
SPEAK WITH AN EXPERIENCED WEST PALM BEACH TRUCK ACCIDENT LAWYER ABOUT YOUR INJURIES TODAY
The skilled legal team at Rosenthal, Levy, Simon & Sosa can help you pursue the damages that you need to financially recover for your truck accident injuries and losses. Our team will zealously advocate for your legal interests and will attempt to pursue a favorable settlement on your behalf with insurance companies. If that is not forthcoming, we welcome the opportunity to litigate your case, and if necessary, represent you in court.
For a free legal consultation and case evaluation with an experienced South Florida truck accident attorney, please call us today at 620-374-9299 or contact us online for more information about how we can assist.get your free case review