Winter Haven Truck Accident Lawyer
In the United States, the reliance on large trucks for the transportation of goods across local and national distances is something we have all been accustomed to for decades. Despite the existence of federal laws and regulations designed to enhance roadway safety involving these massive vehicles, statistics from the Federal Motor Carrier Safety Administration (FMCSA) indicate that large trucks are still implicated in over 100,000 injury accidents annually nationwide. Making matters worse for Winter Haven residents is the fact that the State of Florida consistently ranks among the top three states in terms of fatalities resulting from trucking accidents.
At Kemp Personal Injury Law, we know that victims who have suffered injuries or lost loved ones in a trucking accident often grapple with both physical and emotional trauma, as well as financial challenges. Trying to navigate the legal system in an attempt to secure compensation while also dealing with these injuries can be overwhelming. In lieu of going it alone, let Winter Haven truck accident lawyer Adam Kemp help.
Recognizing the profound impact of truck accidents on victims and their families, our dedicated team at Kemp Personal Injury Law is committed to ensuring accountability for the responsible party or parties. With our wealth of experience, unwavering commitment, and ample resources, we strive to secure full and fair compensation for all injuries incurred by the victims of a truck accident.
What Causes Winter Haven Truck Accidents?
Approximately 12 million large trucks operate throughout the United States at any given time. Collectively, those trucks log 300 billion miles of travel and are involved in over 500,000 accidents. A passenger vehicle is at a distinct disadvantage when involved in a collision with a large truck given that an average truck is 72 feet long and weighs 80,000 pounds. Some common contributing factors in a truck accident include:
- Driving while distracted. Federal law prohibits truck drivers from using a cell phone while operating the truck; however, not all truck drivers obey that law. Even those who do may be distracted by a GPS device that helps them navigate, a person or pet in the cab of the truck, or a variety of other common distractions.
- Driving under the influence. Federal law also requires truck drivers to submit to random drug and alcohol tests and to testing following an accident. Nevertheless, truck drivers are still involved in accidents in which they are driving while under the influence of alcohol, illicit drugs, prescription drugs, and even over-the-counter medications that impair their ability to operate the vehicle.
- Driving while drowsy. Once again, federal law limits the hours per day that a truck driver can drive as well as caps the number of hours a trucker can log each week. Drivers who disregard these limits may be driving while drowsy after spending too many hours behind the wheel.
- Inexperience or lack of training. A driver must have a CDL license to operate a large truck; however, passing the CDL examination does not guarantee that a driver has the necessary experience to safely operate a large truck.
- Equipment failure. The law requires trucking companies to perform regular maintenance on trucks. Drivers are also obligated to conduct a pre-trip inspection of their trucks. Rushing through an inspection or putting off scheduled maintenance can lead to equipment failure which, in turn, can contribute to a truck accident.
Steps to Take If You Are Involved in a Winter Haven Truck Accident
If you find yourself involved in a Winter Haven truck accident, knowing the steps to take following the collision can be the key to a full physical, emotional, and financial recovery.
- Submit to a thorough medical examination. Whether you believe you suffered a serious injury or not, a thorough examination is a must to rule out life-threatening injuries that don’t always produce symptoms immediately following the injury, such as traumatic brain injury (TBI). A medical examination also serves as evidence that the injuries for which you seek compensation are directly linked to the truck accident.
- Start documenting the truck accident. Given the nature of truck accidents, the police are usually alerted right away. Nevertheless, contact the police yourself to make sure they have been notified. The subsequent police report can provide important information, such as the name and contact information of the truck driver, drivers of other involved vehicles, and witnesses to the crash.
- Consult with an experienced Winter Haven truck accident lawyer. When a truck is part of an injury accident, it is highly probable that the victim will be contacted by the insurance company representing the trucking company soon after the incident. It is crucial to refrain from engaging with the insurance company until you have sought advice from an experienced truck accident attorney. Determining liability in trucking accidents is often complicated, underscoring the importance of consulting with an attorney before discussing the incident with anyone.
Who Is Liable for Injuries or Loss in a Winter Haven Truck Accident?
One of the many reasons that trucking accidents are more complicated to litigate is that it is often the case that liability for the accident is shared by more than one party. Any or all the following parties might share in the liability for a Winter Haven truck accident:
- Driver. Driving while under the influence, speeding, and driving distracted are examples of conduct that might make a driver partially or wholly responsible for a truck accident.
- Trucking Company. Failing to abide by state or federal trucking laws, failing to adhere to maintenance schedules, and failing to properly inspect trucks are a few ways that a trucking company might be held liable in a truck accident.
- Maintenance Company. If a third party was responsible for maintaining a truck fleet and negligent repairs or maintenance contributed to the cause of the accident, the maintenance company may share in the legal responsibility.
- Truck Manufacturer. If the truck has a manufacturing or design defect, the truck manufacturer could be held liable for an accident.
- Owner of the Cargo. Sometimes the type, packing, or placement of cargo contributes to a truck accident.
- State or Federal Government. The state or federal government could share in the liability for a truck accident if improperly designed, maintained, or repaired roadways contributed to a collision.
Am I Entitled to Compensation for My Winter Haven Truck Accident Injuries?
If you suffered injuries in a Winter Haven truck accident, you could be entitled to both economic and non-economic damages for your physical and psychological injuries, including:
- Medical expenses
- Rehabilitation and other care costs
- Lost income
- Loss of future earning capacity
- Physical and emotional pain and suffering
- Diminished qualify of life
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 Winter Haven Truck Accident Lawyer Help?
If you were injured or lost a loved one in a Winter Haven truck accident, attorney Adam Kemp is dedicated to ensuring that the responsible party (or parties) is held accountable, and you are justly compensated for all your injuries.
Attorney Adam Kemp’s experience as a prosecuting attorney and an associate at one of the largest personal injury firms in America provided him with a wealth of experience that he now uses to aggressively advocate for injured victims and surviving family members. The team at Kemp Personal Injury Law works to nurture a unique relationship with each client so that we can provide you with the personalized attention you deserve.
If you were injured in a Winter Haven truck accident, or you lost a family member in one, contact an experienced Winter Haven truck accident lawyer at Kemp Personal Injury Law to discuss your legal options. Our mission is to ensure that victims 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 online contact form.