We understand the strain that medical bills and lost income can put on you and your family, and we’ve helped thousands of clients just like you put their lives back together after an accident. Regardless of the severity of your injuries, you have the right to seek the maximum compensation that our laws allow.
Truck accident attorneys in Florida have to have a thorough understanding of the Federal Motor Carrier Safety Regulations as published in the Code of Federal Regulations by the United States Department of Transportation. With today’s crowded roadways, the number of traffic fatalities and major accidents involving trucks used for commerce has continued to increase each year. If you or a loved one has been injured in a trucking accident, it is most important to document the details of the events surrounding the incident as soon as possible. The Florida Legislature recently incorporated the federal government’s truck regulations into state law to ensure that the same laws govern intrastate truck accidents and interstate truck accidents.
An immediate investigation into a commercial truck accident by authorities may produce critical data for your truck accident attorney to be used in your personal injury or wrongful death case. Truck accident cases are always a bit tricky because of the need to determine who was responsible for the accident, what caused the accident and who is liable for the damages.
Harrell & Harrell, P.A., will provide a free case consultation with no cost or obligation to you. If your truck accident attorney determines you do have a case, a successful negotiation for a settlement in a truck accident case could occur at any point, including:
Since the truck and the trailer used for commercial shipping may belong to different entities (or may have been leased separately), determining ownership of the truck and hauler is an important and sometimes difficult first step. In most cases, a search of the vehicle’s DOT# (Department of Transportation Number) and MC# (Motor Carrier Number) found on the cab of the truck proves to be the most valuable link to legal ownership.
Truck drivers and their companies are strictly controlled with laws, rules and regulations, both federal and state. They are required to maintain regimented records of their driving hours. Plus, detailed information—known as engine control module data, or ECM data—about their driving is recorded and stored in an electronic device known as the “black box.”
ECM data gives investigators a much clearer understanding about what happened at the accident scene. This includes when braking occurred and/or how suddenly the braking took place. It may provide information about whether air or pedal brakes were used, show average driving speed and the speed the vehicle was going right before the accident, and perhaps track speed acceleration. Data may be available about what was happening in up the last 60 seconds before the accident occurred.
Not all trucking companies use the same black box technology, with some choosing more advanced models than others, but any truck that uses this technology can provide at least some information about what happened while leading up to the accident and what happened during the time of the impact. It may reveal whether the driver was wearing a safety belt, the tire pressure of the truck, and whether the truck was overloaded.
After an accident, police officers may collect black box data. Often, though, they don’t have the necessary tools. When that’s the case, a variety of unwanted things can happen next:
If this data is preserved, it may be requested and received by:
What can get lost in this process is the investigation and accident reconstruction by someone advocating for the accident victim. If you need experienced legal representation after a truck accident, contact us online for a free case review or call 800-251-1111.
Get the settlement that you deserve with Harrell & Harrell. Take a look at some of the wins our clients have received.
In the hours after an accident, there can be a lot of questions about what to do next. The insurance company will be pressing you for a response. Do you know who you would trust?
At Harrell and Harrell, we understand your number one priority is getting better as quickly as possible. And while you’re healing, our attorneys and paralegals work tirelessly to take care of everything else.
The legal system can be intimidating. Our team will be by your side, every step of the process to answer questions and champion for your rights.
We communicate with the insurance companies on your behalf and are with you every step of the way.
Drowsy driving or driving while fatigued can be every bit as dangerous as drunk driving, but the former doesn’t always get the attention it deserves for its dangerous potential. Data provided by the Centers for Disease Control and Prevention (CDC) demonstrates how drowsy driving is a major problem, with the CDD noting that the “risk, danger, and often tragic results of drowsy driving are alarming.”
What makes drowsy driving particularly dangerous is that no one can predict exactly when the effects of lack of sleep will take over, and this can be especially menacing when the vehicle is a large and heavy truck. According to the National Highway Traffic Safety Administration (NHTSA), in just one year alone, drowsy driving was the cause of:
The CDC states these NHTSA numbers are in fact underestimated, with up to 6,000 fatal crashes per year potentially being caused by drowsy drivers. When drivers are fatigued, they pay less attention to the road, have slower response times, and less able to make good driving decisions.
Another factor that makes fatigued driving so dangerous is, according to the FMCSA is as follows: “Although many drivers feel that they know when they are getting drowsy, various laboratory tests have shown that persons are not good at estimating their own drowsiness.”
Included in the number of drivers who don’t recognize their own levels of fatigue are commercial truck drivers. So, when an accident happens, it’s crucial that black box data is preserved, with the right professionals on your side to investigate the safety record of the trucking company—and the sooner this investigation can take place, the better.
At Harrell & Harrell, P.A. we have our own experienced investigators who can delve into who is at fault for an accident, whether that’s the truck driver, the owner of the company, the employer, or perhaps even a broker. Our truck accident lawyers understand all the legal requirements for commercial trucking. In fact, our attorneys won the largest settlement to date in Clay County—$6.5 million—representing a young man who suffered a mild traumatic brain injury after a truck driver hit him head-on.
Increases in Truck Accidents
Using the most recent data provided by the FMCSA, there has been a 29 percent increase in fatal crashes involving large trucks and buses from 2009 to 2016, with the number of fatalities after a large truck cash increasing by 3 percent from 2015 to 2016 alone. Plus, the number of injury-producing crashes involving large trucks or buses has increased by 62 percent from 2009 to 2015.
If the accident has just occurred, it’s important to get medical attention first, but the more quickly that you can contact an experienced truck accident lawyer, the faster the investigation can begin—and, with these types of accidents, time truly is of the essence. You can contact our experienced Florida truck accident attorneys at 800-251-1111 for an immediate response.
At a high level, three things must be established:
who was responsible for the accident
what caused the accident
who is liable for damages
At part of our process, we first offer a case evaluation to you at no charge to gather information about the accident. Determining the identity of the owner of the truck and hauler is a crucial first step that can sometimes be challenging. Typically, we can obtain the Department of Transport number and Motor Carrier Number found on the truck’s cab to trace legal ownership. In commercial transportation, the truck and hauler may belong to different entities or be separately leased.
We also request and obtain information known as engine control module data, or ECM data. This is information being recorded while the truck is in motion and can offer insights into how fast the driver was going, the braking patterns shortly before the accident and other data about what was taking place, up to the last 60 seconds before the crash.
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Other key steps include determining whether the driver was within hours of service compliance and identifying and talking to witnesses. If you believe you’re entitled to compensation because of a truck accident, contact us online for a free case review or call 800-251-1111.
No two situations are ever exactly alike, including truck accidents, but we can say that fatigue is playing a significant role in vehicle crashes. Often referred to as “drowsy driving,” the Centers for Disease Control and Prevention (CDC) is calling this phenomenon a major problem” that involves “risk danger, and often tragic results.”
According to the National Highway Traffic Safety Administration (NHTSA), in just one year alone, drowsy driving was the cause of:
72,000 crashes
44,000 injuries
800 deaths
The CDC, in fact, believes the situation is significantly worse than that, suggesting that up to 6,000 fatal crashes take place every single year because of drowsy drivers.
Each case is unique, so we encourage you to schedule a free case consultation with no cost or obligation to you to discuss specifics. When our truck accident attorneys determine you have a case, settlements can be successfully negotiated at multiple points along the process, including:
during the initial discovery phase
during claim preparation
during post-claim preparation
during negotiations with the insurance company
because of court-ordered mediation
after a formal judicial process
Experience matters. If you or a loved one has been in a truck accident, you won’t want to spend long amounts of time debating which attorney to choose, because time is of the essence. On the other hand, you need an experienced attorney. Some efficient ways to find the right lawyer is to check websites for case studies, testimonials and other clear indications of experience.
Harrell & Harrell, P.A., won the largest settlement to date in Clay County—$6.5 million—representing a young man who suffered a mild traumatic brain injury after a truck driver hit him head-on. You can find client testimonials on our site, along with our attorneys’ experience in tackling tough personal injury cases.
It’s crucial that your attorney is well versed in the transportation laws, both federal ones and those of your state, particularly the Federal Motor Carrier Safety Regulations. Recently, the Florida legislature incorporated federal truck regulations into state laws. This ensures that the same laws that govern intrastate truck accidents do so for interstate ones, as well.
Navigating a personal injury claim can be overwhelming. Our quick, easy-to-understand videos cover the most common questions we hear from clients — so you can feel informed and confident every step of the way.
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