Tampa Truck Accident Lawyers

Representation for Truck Accident Claims in Tampa, FL

Each day Tampa motorists share the road with tractor trailers, also known as semi trucks and 18 wheelers. These big trucks present a unique danger to drivers due to their substantial size and weight that may be up to 80,000 pounds when fully loaded. Truck accidents can be devastating. If you’ve been injured in a truck crash in Tampa, you likely have many questions and concerns. Navigating the legal process to hold the responsible truck driver and trucking company accountable can be overwhelming.

At Burnetti, P.A., we offer free consultations to guide you through your options. With a strong reputation for handling complex truck accident cases throughout Florida, our team is committed to fighting for your rights and maximizing your compensation.

Why choose Burnetti, P.A. for your Tampa truck accident case?

• Decades of Experience: Our attorneys have over 31 years successfully representing injury victims.
• Proven Results: We’ve secured millions in settlements and awards for our clients.
• Client Satisfaction: Our commitment to clients is evident in the positive reviews we’ve received.
• Industry Recognition: We’re honored to be recognized by Super Lawyers®, Martindale-Hubbell®, and other legal authorities.

If you or a loved one has been severely injured in an 18-wheeler accident, contact the Tampa truck accident lawyers at Burnett, P.A.

Common Types of Truck Accidents

A truck accident is a traffic incident involving a truck, which is a motor vehicle designed to transport cargo. These accidents can vary in severity, from minor collisions to catastrophic crashes resulting in significant damage, injuries, or even fatalities. Truck accidents are often more complex and potentially dangerous than accidents involving smaller vehicles due to the size and weight of trucks.

Common types of truck accidents include:

• Rear-End Collisions: This occurs when a truck collides with the vehicle in front of it. It can be caused by various factors such as distracted driving, following too closely, or sudden stops by the lead vehicle.
• Jackknife Accidents: In a jackknife accident, the truck's trailer swings outward, forming an angle with the cab, resembling the shape of a folding jackknife. This can happen when the truck's wheels lock up, and the trailer swings out of control.
• Rollover Accidents: Rollovers can happen when a truck loses control and tips over onto its side or roof. Factors like excessive speed, sharp turns, or an uneven load distribution can contribute to rollover accidents.
• Underride Accidents: An underride accident occurs when a smaller vehicle ends up beneath the rear or side of a truck's trailer. This can be particularly dangerous for occupants of the smaller vehicle, as the truck's structure can intrude into the passenger compartment.
• Override Accidents: In an override accident, a truck runs over a smaller vehicle, often causing severe damage and injury. Visibility issues, sudden stops, or failure to maintain a safe following distance can lead to override accidents.
• T-Bone Accidents: Also known as side-impact collisions, T-bone accidents occur when a truck collides with the side of another vehicle, typically at an intersection. These accidents can be especially dangerous for the occupants of the smaller vehicle.
• Wide Turns: Trucks, especially those with long trailers, require extra space to make turns. They may swing wide, and if other vehicles are in the truck's path, it can lead to collisions.
• Tire Blowouts: When a truck's tire blows out while in motion, it can cause the driver to lose control, potentially leading to an accident.
• Brake Failure: Brake failure in a truck can make it difficult for the driver to stop or slow down, increasing the risk of rear-end collisions or other types of accidents.
• Hazardous Materials (Hazmat) Accidents: Trucks transporting hazardous materials can be involved in accidents that pose additional risks, such as chemical spills, fires, or explosions.

Possible Causes of Tractor Trailer Accidents

There are many common causes of tractor trailer accidents and several reasons why the truck driver may have caused the accident:

• Fatigued Driving: A lack of sleep, long commutes, work schedules, and deadlines may cause a truck driver to fall asleep at the wheel.
• Distracted Driving: Increased usage of mobile devices enable activities, including talking, texting while driving, eating, playing with the radio dial are also causes of distracted driving.
• Drinking While Driving: Alcohol-related accidents caused by driving under the influence of alcohol.
• Inexperienced Driving: Inexperienced truck drivers have a greater likelihood of making a mistake or reacting incorrectly to an emergency situation.
• Limited Visibility: Trucks have blind spots directly behind, in the front, and on the sides. Truck drivers must signal when they are going to change lanes and they must take the effort to make sure it is safe before making a turn.
• Improperly Loaded Trucks: Poorly distributed weight in a trailer can cause a truck accident.
• Poor Maintenance: A truck with faulty brakes and defective tires can put everyone on the road at great risk.

Common Truck Accident Injuries

Truck accidents often result in severe and life-altering injuries due to the sheer size and weight of commercial trucks.

• Traumatic Brain Injuries (TBIs): These can range from mild concussions to severe, debilitating injuries.
• Spinal Cord Injuries: Often leading to paralysis, these injuries can be permanent.
• Paralysis: A result of spinal cord injuries, paralysis can affect any part of the body.
• Burns: Caused by fires or explosions, these injuries can be extensive and disfiguring.
• Whiplash: A common neck injury caused by sudden impact.
• Back and Neck Pain: Often resulting in chronic pain and limited mobility.
• Broken Bones: Fractures can occur in any part of the body.
• Internal Injuries: These can be difficult to diagnose and often require immediate medical attention.
• Lacerations and Contusions: Open wounds and bruises are common in car accidents, including truck accidents.

Who is Liable for a Florida Truck Accident?

In Florida, liability for a truck accident can extend to various parties, depending on the circumstances surrounding the accident. The following are potential parties who can be held liable for a truck accident in Florida:

• Truck Driver: The truck driver can be held liable if their negligence or reckless behavior, such as speeding, distracted driving, impaired driving, or failure to obey traffic laws, directly contributed to the accident.
• Trucking Company: The trucking company that employs the driver can also be held liable if the accident occurred due to issues related to the company's policies, such as inadequate training, improper maintenance of the truck, or pressure on drivers to meet tight schedules.
• Maintenance and Repair Providers: If the accident resulted from poor maintenance or repair of the truck, the company responsible for maintaining or repairing the vehicle may be held liable.
• Truck Manufacturer: In cases where the accident was caused by a defect in the truck's design or manufacturing, the truck manufacturer may be liable for producing a faulty product.
• Shippers and Cargo Loaders: Parties responsible for loading and securing the cargo on the truck may be held liable if the accident is related to improperly loaded or unsecured cargo that shifts during transit.
• Third-Party Contractors: If a third-party contractor or subcontractor is involved in any aspect of the truck's operation, maintenance, or loading, they may be held liable if their actions contributed to the accident.
• Government Entities: If the accident was caused by hazardous road conditions, inadequate signage, or poor road maintenance, the responsible government entity may be held liable.
• Other Drivers: In some cases, other drivers who share the road with the truck can be at fault if their actions, such as reckless driving, sudden lane changes, or failure to yield the right of way, lead to an accident involving the truck.

Determining liability in a truck accident can be complex, and it often requires a thorough investigation to identify the responsible parties. In many cases, multiple parties may share liability. Florida follows a "comparative negligence" system, meaning that each party involved in an accident can be assigned a percentage of fault.

Establishing Negligence in a FL Truck Accident

Proving negligence is crucial in a Florida truck accident case to recover damages for your injuries and losses. To establish negligence in a truck accident, you must prove the truck driver owed you a duty of care, which they breached through unsafe driving. This breach directly caused the accident and your resulting injuries, leading to actual losses like medical bills and lost wages.

Different types of evidence that can be useful in your truck accident claim in FL:

• Police Report: This official document contains details about the accident, including witness statements, diagrams, and officer observations.
• Medical Records: Documenting your injuries, treatments, and related expenses.
• Photographs and Videos: Visual evidence of the accident scene, vehicle damage, and your injuries.
• Truck Driver's Logs: Can reveal if the driver violated hours of service regulations.
• Vehicle Maintenance Records: May indicate mechanical issues that contributed to the accident.
• Insurance Policies: Details of coverage for both parties involved.
• Pay Stubs and Employment Records: Demonstrating lost wages due to the accident.
• Repair Bills: Evidence of costs incurred to repair your vehicle.
• Eyewitness Accounts: Statements from individuals who witnessed the accident.
• Expert Witness Testimony: Professionals in fields like accident reconstruction or medicine can provide expert opinions.
• Vehicle Damage: Evidence of the impact and force of the collision.
• Accident Scene Evidence: Skid marks, debris, and road conditions can provide clues about the accident.
• Cargo Securement Equipment: If cargo was involved, evidence of its condition and securing methods.
• Surveillance Footage: From nearby businesses or traffic cameras.
• Cell Phone Records: Can indicate if the truck driver was using their phone at the time of the accident.
• Black Box Data: Information from the truck's electronic control module about speed, braking, and other factors.

Tampa Truck Accident FAQs

What should I do immediately after a truck accident in Tampa?

1. Ensure your safety and seek medical attention.
2. Call 911 to report the accident.
3. Take photos of the scene, damage, and any injuries.
4. Exchange information with the truck driver and witnesses.
5. Avoid admitting fault or giving detailed statements to insurers before speaking to a lawyer.

How is a truck accident different from a regular car accident?

Truck accidents often cause more severe injuries and involve complex regulations and multiple insurance policies. These cases usually require more extensive investigation and legal experience to resolve.

What types of compensation can I recover in a truck accident claim?

You may be eligible for:

• Medical expenses (past and future)
• Lost wages and reduced earning capacity
• Pain and suffering
• Property damage
• Emotional distress
• Punitive damages in extreme cases

How long do I have to file a truck accident claim in Florida?

Florida law generally gives you two years from the date of the accident to file a personal injury claim. It’s important to act quickly, as evidence can be lost or destroyed over time.

What if the truck driver was working for a company—can I sue the employer?

Yes, in many cases, the trucking company can be held liable for the actions of its driver under a legal principle called "vicarious liability." If the driver was on the job when the accident occurred, the company may be responsible for damages.

How do I prove the truck driver was at fault?

Proving fault involves collecting evidence like the police report, eyewitness statements, dashcam footage, and data from the truck’s black box. An attorney can help gather and analyze this evidence to build a strong case.

What is a “black box” and how can it help my case?

Commercial trucks are often equipped with electronic logging devices (ELDs), or “black boxes,” that record speed, braking, hours of service, and more. This data can provide critical insight into the driver’s actions before the crash.

How much is my truck accident case worth?

The value of your claim depends on the severity of your injuries, lost income, medical costs, and how the accident has affected your life. A lawyer can evaluate your case and help estimate fair compensation.

Can I still file a claim if the truck driver was from out of state?

Yes, you can file a claim in Florida even if the truck driver or company is based elsewhere. Trucking companies operating in Florida are still subject to Florida laws and federal trucking regulations.

What happens if the trucking company denies responsibility?

If the trucking company disputes fault or denies your claim, your attorney can help file a lawsuit and take the case to court if necessary. Many claims are resolved through negotiation, but a trial may be required in some situations.

Will my case go to trial?

Most truck accident claims are settled before reaching trial. However, if the insurance company won’t offer a fair settlement, going to court may be the best option to recover the full value of your damages.

Do I need a lawyer to file a truck accident claim?

While you can file a claim on your own, trucking companies and their insurers have strong legal teams. Our Tampa truck accident lawyer at Burnetti, P.A., can help you navigate the legal system and maximize your compensation.

Contact the Tampa truck accident attorneys at Burnetti, P.A. by calling 1-888-BURNETTI today.