Lakeland Truck Accident Lawyer
From small delivery trucks to over-the-road double and triple tractor-trailers, trucks are very much a part of the landscape in the United States. Although we depend on trucks to move goods and materials across the country, we also acknowledge that the size and weight of many trucks make them an inherent danger to others with whom they share the roadways. To address that reality, trucks are subject to numerous federal laws and regulations aimed at making them as safe as possible. Nevertheless, large trucks are involved in over 100,000 injury accidents throughout the country in an average year, according to the Federal Motor Carrier Safety Administration (FMCSA). If you were injured in a truck accident, you may be entitled to monetary damages for the physical, emotional, and financial injuries caused by the collision.
For the victim or surviving family member of a truck accident, trying to grapple with medical providers, employers, and insurance companies can be exhausting. The thought of attempting to navigate the legal system to secure compensation from the party at fault for the accident, on top of everything else, is often overwhelming. At Kemp Personal Injury Law, we understand the challenges you are facing, and we are dedicated to helping you heal physically, emotionally, and financially.
Instead of trying to go it alone, let experienced Lakeland truck accident lawyer Adam Kemp be your voice and your advocate. At Kemp Personal Injury Law, we have the experience, resources, and dedication needed to identify the party or parties responsible for your injuries and loss. Let us ensure that the at-fault party (or parties) is held accountable and that you are fully and fairly compensated for the injuries or loss you suffered in a truck accident.
What Are Some Common Causes of Lakeland Truck Accidents?
Figures published by the FMCSA tell us that, at any moment in time, there are over 12 million large trucks operating on the nation’s roadways – and that does not include smaller trucks, such as box trucks and delivery trucks. On an average day, large trucks are involved in over 1,300 accidents nationwide. Unfortunately for Florida residents and visitors, the Sunshine State repeatedly ranks among the top three states for fatal truck accidents. Common factors that cause or contribute to a truck accident include:
- Driving under the influence: Although truck drivers are held to a stricter standard when it comes to driving under the influence of drugs are alcohol, 6.7 percent of large truck accidents involved drunk driving or driver intoxication in one recent year. In 2020, 3.9 percent and 2.8 percent of large truck drivers involved in a truck crash had a BAC of 0.01% or higher and 0.08% or higher, respectively.
- Speed. On many roadways, a lower maximum speed applies to large trucks because of the dangerous roadway design and/or the need for a longer stopping distance inherent to large trucks. Nevertheless, speed is a factor in one out of every three crashes and was a contributing cause of 7.3 percent of deadly truck accidents in 2020.
- Driving while distracted. Truck drivers are prohibited by federal law from using a cell phone while operating a truck. Despite that prohibition, driver inattention and impairment, together, were the second leading driver-related causes of fatal large truck accidents. This includes behaviors such as fatigue, illness, cell phone use, eating behind the wheel, and alcohol impairment. Inattention (distraction) was the cause or a contributing factor in 5.2 percent of deadly collisions involving large trucks.
- Driving while drowsy. Truck drivers are often paid by the mile driven, providing a strong motivation to keep driving well beyond the point at which fatigue sets in. To address this issue, federal law sets a limit on the number of hours per week and the number of consecutive hours a truck driver may drive. Drivers who violate the hours laws, however, often end up driving while drowsy, a leading factor in truck accidents.
- Equipment failure. Numerous state and federal laws apply to the obligation trucking companies have to inspect their trucks and conduct regular maintenance to ensure that their trucks are safe to be on the roadways. Drivers who are up against a deadline, however, may skip the mandatory pre-trip inspection and trucking companies often put off maintenance to save money. Consequently, equipment failure is a common factor in truck accidents.
- Inexperienced driver. While the law requires a driver to have a Commercial Driver’s License (CDL) to operate a large truck, passing the CDL test does not provide a driver with the experience that only comes from time behind the wheel of a tractor-trailer.
Who Is Responsible for Compensating Me for My Injuries or Loss in a Lakeland Truck Accident?
If you suffered serious injuries in a Lakeland truck accident, or a family member was fatally injured in one, you may be entitled to compensation if another party’s negligent conduct caused or contributed to the crash. Negligence is a legal term that is based on the idea that another party breached a legal duty of care owed to you, resulting in injury to you. A Lakeland truck accident lawyer can evaluate the facts of your case to determine if another party was negligent. One of the many reasons that truck accidents are particularly complex and difficult to litigate is that it is common to have more than one potentially negligent defendant, including the:
- Driver: A driver’s conduct, including things such as speeding, driving while under the influence, texting while driving, or falling asleep behind the wheel, can amount to negligence.
- Company that owns the truck: If the company that owns the truck failed to properly inspect or maintain the truck or knowingly allowed drivers to violate federal hours laws, the company might share in the negligence that caused the crash.
- Maintenance Company: Often, a third party is responsible for maintaining and repairing trucks. If the maintenance company failed to inspect or repair a truck, that company might share in the legal liability for the accident.
- Truck Manufacturer: Sometimes the truck itself has a design or manufacturing defect that contributes to an accident. In that case, the truck designer or manufacturer may share in the liability for an accident.
- Owner of the Cargo: The type of cargo being transported or the manner in which cargo is packed can contribute to an accident, making the owner of the cargo responsible.
- Local, State, or Federal Government: Local, state, and federal government agencies are responsible for the design, construction, and maintenance of the nation’s roadways. If an improperly designed, maintained, or repaired roadway contributed to the collision, the appropriate governmental agency could share in the legal liability for the collision.
Am I Entitled to Compensation for My Lakeland Truck Accident Injuries?
If you were injured in a Lakeland truck accident, you could be entitled to economic and non-economic damages as compensation for those injuries. Collectively, economic and non-economic damages may compensate an injured victim for things such as:
- Doctor and hospital expenses
- Rehabilitation and other care costs
- Lost income (both to date and future)
- Physical and emotional pain and suffering
- Mental anguish
- Scarring and disfigurement
If you are a surviving spouse, parent, or child of someone who was fatally injured in a truck accident, you may also qualify as a claimant in a wrongful death lawsuit and be entitled to compensation for the loss of companionship, care, and support provided by the decedent prior to the accident.
How Can an Experienced Lakeland Truck Accident Lawyer Help?
Attorney Adam Kemp is committed to helping victims who were injured in a Lakeland truck accident to ensure that the party or parties responsible for the accident are held accountable and that the victim is fully compensated for both the physical injuries and emotional trauma experienced because of the crash.
As a former prosecuting attorney and associate at one of the largest personal injury firms in America, attorney Adam Kemp gained invaluable experience that he now puts to use helping injured victims and surviving family members. Furthermore, the team at Kemp Personal Injury Law takes pride in the personal relationships they nurture with each client so that clients feel like part of the Kemp family.
If you were injured in a Lakeland truck accident, or you lost a family member in one, contact an experienced Lakeland truck accident lawyer at Kemp Personal Injury Law to discuss your legal options. It is our mission to make sure that victims who were injured in a preventable truck accident are fully and fairly compensated by the responsible party or parties. Contact the team today for your free initial consultation by calling 863-225-0254 or by filling out our convenient Free Case Review form.