WEST PALM BEACH TRUCK ACCIDENT
West Palm Beach Truck Accident Lawyers
A truck accident can be overwhelming, leaving you not only with serious injuries but also a complicated situation involving multiple parties and high-stakes insurance companies. From medical expenses to financial pressures, the impact of a truck accident can feel like more than you can handle. To add to the burden, the decisions you make immediately following the crash will have a direct impact on your ability to recover the compensation you need.
Having an experienced West Palm Beach truck accident lawyer can make all the difference after a truck accident. At Lesser Lesser Landy & Smith, we know the unique challenges that come with truck accident cases and understand the difficulties of dealing with large trucking companies and insurers. We’ve been helping truck accident victims win cases for more than 90 years. We’re here to protect your rights from the start and help you build a strong case to get the compensation you deserve.
With the right guidance, you can move through this process, knowing that every step you take is bringing you closer to a fair recovery.
Dangerous Intersections in West Palm Beach
West Palm Beach has several dangerous intersections, known for frequent accidents, often involving large trucks. These high-traffic areas are particularly dangerous due to the volume of vehicles and complex traffic patterns. If you’re a truck accident victim or have experienced a crash at one of these locations, talk to one of the experienced truck accident lawyers in West Palm Beach today, to protect your rights and get the compensation you deserve.
A Few of West Palm Beach’s Dangerous Intersections:
- Military Trail and Okeechobee Boulevard: A major intersection where high-speed traffic and frequent congestion create hazardous conditions for all vehicles, including trucks.
- Palm Beach Lakes Boulevard and Robbins Drive: This busy intersection sees regular accidents due to its high traffic volume, with large trucks often involved in severe collisions.
- Congress Avenue and 45th Street: Known for heavy traffic and frequent accidents, this intersection is particularly risky for drivers sharing the road with large trucks.
- Palm Beach Lakes and Village Boulevards: Accidents here are common due to the convergence of multiple lanes and traffic signals, which often lead to confusion and crashes.
If you’ve been involved in a truck accident at one of these intersections, having an experienced truck accident attorney on your side can help you manage your case effectively and get the compensation you deserve.
Why Truck Accidents Are More Complicated and Why You Need an Attorney
Truck accident cases are far more complex than standard car accidents. With multiple parties involved and large insurance companies fighting to protect their bottom line, facing a truck accident claim on your own can feel impossible. Here’s how having an experienced Florida truck accident attorney can make all the difference:
Facing Aggressive Insurance Companies
Trucking companies carry large insurance policies, which means the stakes are high in any legal claim. Insurers are prepared to fight aggressively, often denying or minimizing valid claims. A skilled attorney knows how to counter their tactics, ensuring you aren’t pressured into settling for less than you deserve.
A Note About Dealing with Insurance Adjusters: Insurance adjusters may try to offer a quick settlement that doesn’t fully cover your losses. They could also ask for statements that might be used to reduce your claim. Having your lawyer handle these communications ensures that your rights are protected, and you don’t fall into the common traps set by insurers trying to limit payouts.
Understanding Complex Trucking Regulations
Federal and state laws control everything from how long drivers can be on the road to how trucks are maintained. Sorting through the regulations can be tough, but an attorney experienced in trucking cases will know how to apply the rules to strengthen your case.
Holding Multiple Parties Accountable
Unlike typical car accidents, truck accidents can involve several liable parties. The truck driver, trucking company, cargo loaders, and even maintenance providers could all share responsibility. Your attorney will thoroughly investigate and identify every party that may be at fault, ensuring no one escapes accountability.
With the right attorney on your side, you can take on trucking companies and their insurers with confidence, knowing that your case is being handled by someone who understands the intricacies of these complex claims.
What To Do After a Truck Accident in West Palm Beach
- Call 911 and Get Medical Attention Immediately: Your health is the top priority after a truck accident. Even if you don’t feel seriously injured at first, the impact from a collision with a truck can lead to injuries that take time to show. Getting checked by a doctor not only protects your health but also documents your injuries for the insurance claim.
- Gather Evidence If You Can: If you’re able to move around safely, take photos of the accident scene, damage to the vehicles, and any visible injuries. This can be especially important in truck accident cases, where the trucking company’s legal team will be quick to gather their own evidence. Having your own documentation puts you in a stronger position from the start.
- Talk to Witnesses: If anyone saw the accident, try to get their contact information. Independent witnesses can play a key role in confirming what happened, especially when the trucking company disputes the details.
- Avoid Discussing Fault at the Scene: Determining fault in a truck accident isn’t always straightforward, and the last thing you want is for your words to be misinterpreted. It’s best not to discuss the accident in detail at the scene or with insurance adjusters until you’ve spoken with a lawyer.
- Get a Lawyer Involved Early: The trucking company and its insurer will have their legal team working on the case immediately. To even the playing field, it’s critical to have your own attorney in your corner as soon as possible. An experienced truck accident lawyer will help protect your interests and gather evidence before it’s lost or altered.
How Long Do I Have to File a Truck Accident Claim in Florida?
Florida recently shortened the statute of limitations for personal injury claims. For accidents that occurred on or after March 24, 2023, in most cases you now have two years from the date of the truck accident to file a personal injury lawsuit. However, if your accident occurred before this date, the previous statute of limitations of four years still applies.
Starting your case early allows for the preservation of evidence and gives your attorney enough time to build a strong claim. Missing the deadline means you may lose the opportunity to recover any compensation.
Key Factors in Truck Accident Liability
Determining liability in a truck accident often extends beyond the driver, making these cases more complex. Here’s what you need to know about how liability can be assigned in these accidents.
- Driver Error vs. Company Negligence: Determining whether the driver or the trucking company bears responsibility is an important part of any truck accident case. Many accidents happen due to driver fatigue, speeding, or distracted driving, but companies are often at fault for pushing drivers beyond safe limits. Trucking companies may pressure drivers to exceed hours-of-service limits or fail to provide adequate training, creating unsafe conditions. Your attorney will use this information to hold the responsible parties accountable and build a stronger case for maximizing your compensation.
- Trucking Regulations and Violations: Trucking companies operate under strict regulations set by the Federal Motor Carrier Safety Administration (FMCSA). These rules govern everything from truck maintenance to maximum weight limits and driver hours. If a company violates these regulations—such as by cutting corners on maintenance or overloading a truck—it can be held liable. These violations are key evidence in many truck accident cases because they show a disregard for safety that contributes to severe accidents.
Third-Party Liability: In truck accidents, liability can extend beyond the driver and the trucking company. Cargo loaders, maintenance crews, and even vehicle manufacturers can all be held accountable if their negligence played a role. For example, improperly loaded cargo can cause a truck to jackknife, or a defective part can lead to mechanical failure. Identifying all responsible parties is critical for ensuring that your claim fully covers the scope of the accident.
Investigating a Truck Accident: What Your Attorney Will Do
A thorough investigation is key to building a strong truck accident case. Your attorney will perform a meticulous review of critical details to uncover what really happened and who is responsible.
Black Box Data and GPS Logs
The truck’s “black box” and GPS logs are invaluable pieces of evidence. These records can show how fast the truck was going, whether the driver exceeded hours-of-service limits, and other important factors.
Driver Logs and Maintenance Records
Driver logs can reveal if the driver followed regulations or was pushed to break safety rules. Maintenance records are just as important, showing whether the company kept the truck in safe operating condition.
Accident Reconstruction
When liability isn’t clear, accident reconstruction experts can recreate the scene, helping to pinpoint exactly how the crash happened and identify who was at fault.
All of these investigative steps provide the evidence needed to establish liability and strengthen your case. Without a thorough investigation, you risk missing out on the compensation you deserve. Your attorney’s ability to gather and present this evidence plays a key role in holding the right parties accountable and securing the financial recovery you need to move forward with your recovery.
Common Causes of Truck Accidents in West Palm Beach
The cause of a commercial truck accident often determines who is liable. Your attorney will identify these factors early to build a clear case strategy:
Driver Fatigue
Truck drivers face tight deadlines that often cause violations of hours-of-service rules. Fatigued driving significantly contributes to serious accidents and can make both the driver and trucking company liable.
Improperly Secured or Overloaded Cargo
When cargo isn’t properly secured or trucks are overloaded, it creates hazards on the road. Responsibility may fall on the loading company or the trucking company itself.
Maintenance Failures
Issues like brake failures, tire blowouts, or faulty steering can lead to severe accidents. Regular maintenance is crucial, and if neglected, the trucking company or maintenance provider may be at fault.
Weather-Related Accidents
Trucks require longer stopping distances, and weather conditions like rain or fog can heighten the risks. If the driver fails to adjust for weather, they could be held accountable for the resulting accident.
Securing Compensation After a Truck Accident
Truck accidents can lead to significant medical costs, lost income, and lasting physical and emotional challenges, or in tragic cases, wrongful death. Our West Palm Beach truck accident lawyers will take charge of building a strong case for maximum compensation. Here’s a breakdown of the compensation categories that may apply after a truck accident in West Palm Beach:
Medical Expenses
18-wheeler and other types of truck accidents frequently result in severe injuries that require extensive treatment. Compensation covers everything from hospital stays and surgeries to long-term care, physical therapy, and medications. Future medical needs, such as rehabilitation or ongoing care for chronic injuries, should also be accounted for.
Lost Wages and Future Earning Capacity
If your truck accident injuries prevent you from working, whether temporarily or permanently, you’re entitled to recover lost wages. In cases of long-term or permanent disability, compensation should also include loss of future earning potential, including adjustments for retraining or reduced work capacity.
Pain and Suffering
Trucking accidents often leave lasting emotional and physical scars. Compensation for pain and suffering accounts for the physical discomfort and emotional trauma you endure, recognizing how these impacts reduce your overall quality of life.
Punitive Damages
When trucking companies or drivers act recklessly—such as violating safety regulations or encouraging drivers to exceed legal driving hours—punitive damages may be awarded. Punitive damages are designed to punish wrongdoers for reckless or intentional behavior.
Mistakes Trucking Companies Make That Help Your Case
When trucking companies fail to follow the rules, it can work in your favor. Here are some of the most common mistakes they make:
1. Destroying or Altering Evidence
Truck companies must keep crucial evidence like driver logs, black box data, and maintenance records after an accident. If they destroy or alter these records, it could lead to penalties that bolster your case. Your attorney will know how to spot when this happens and use it to your advantage.
2. Violating Federal Regulations
Trucking companies have strict rules to follow, such as hours-of-service regulations and safe loading practices. If the trucker exceeded legal driving hours or the company neglected proper maintenance, these violations can help prove negligence.
3. Offering Lowball Settlements
Insurers often try to resolve cases fast with settlement offers that don’t reflect the full value of your claim. A quick, lowball offer might seem tempting, but it usually falls far short of what you deserve. With a lawyer on your side, you’ll have someone fighting to get you the compensation you’re truly owed.
FAQs for Truck Accident Victims
What if I’m partially at fault for the truck accident?
Even if you’re partially at fault, you may still be able to recover compensation. Under Florida’s comparative negligence laws, your compensation is reduced by your percentage of fault. As long as you’re less than 51% at fault, you can still receive damages.
How long will it take to resolve a truck accident case?
The timeline for resolving a truck accident case can vary based on factors like the complexity of the accident, the extent of your injuries, and whether a settlement is reached or the case goes to trial. Some cases may settle in a few months, while others can take over a year if litigation is involved.
What should I do if the trucking company’s insurer contacts me?
It’s best to avoid speaking to the trucking company’s insurer without consulting a lawyer. Insurance companies often look for ways to minimize payouts or use your statements against you. Let your attorney handle communications to protect your case.
Who can be held liable in a truck accident?
Liability in a truck accident can extend beyond the driver. The trucking company, cargo loaders, maintenance providers, or even manufacturers of defective parts may be responsible. Your lawyer will investigate and determine all parties who may be held accountable.
How much will it cost to hire a truck accident lawyer?
Our West Palm Beach truck accident lawyers work on a contingency fee basis, meaning you won’t pay anything upfront. Your attorney is paid a percentage of the compensation you recover, so if you don’t win, you don’t owe any legal fees.
Don’t Wait—Start Building Your Truck Accident Case Now
Truck accidents can turn your life upside down, and the longer you wait, the harder it becomes to gather the evidence you need. The trucking company already has their team working to minimize your claim—now it’s time to have someone fighting for you.
The West Palm Beach truck accident lawyers at Lesser Lesser Landy & Smith are here to step in and protect your rights. Contact us today for a free consultation at (561) 655-2028 or reach out through our contact page to get started.
