Clearwater Truck Accident Lawyer

Can I Recover Compensation if I’m Being Blamed for a Truck Accident?

The at-fault party’s insurer may try to blame you for an accident to get out of paying your claim. However, Florida is a “modified comparative negligence” state with a 51% bar to recovery; you can recover damages even if you are up to 50% at fault for your accident. 

However, your damages will be reduced to account for your percentage of responsibility. For example, if you have $80,000 in damages but are 50% at fault, you can only recover $40,000 (50%). But if you were 51% or more at fault instead, you would be barred from recovering any compensation.

Trucking companies and their insurers use this rule as a sword to cut down the value of your injury claim. For every percentage of fault they shift to you, they pay less. Our Clearwater truck accident attorneys will challenge this underhanded tactic and maximize your award.

We’ll Fight to Recover Compensation for All Your Truck Accident Injuries

An accident involving a large commercial truck has the potential to cause major injuries. The larger the vehicles, the greater the danger. Some trucks weigh up to 80,000lbs.

Injuries you might sustain in a truck accident include:

• Fractured and/or broken bones
• Traumatic brain injury
• Spinal cord injuries
• Head and neck injuries
• Internal organ injuries
• Whiplash
• Wrongful death

There’s a good chance you’ll be left with several types of injuries if you’re harmed in a truck accident. Our truck accident lawyers will account for all your injuries when determining how much your claim is worth.

What Causes Most Truck Accidents?

Some of the causes of Clearwater truck accidents overlap with common causes of other auto accidents. They include speeding, intoxicated driving, aggressive driving, distracted driving, and failing to obey the speed limit or traffic signals.

However, in the case of truck accidents, drowsy driving is very often a major contributing factor. Although laws regulate how many hours a trucker can drive before resting, many truckers report feeling they need to skip sleep in order to make deliveries on time.

Large commercial trucks are also much more difficult to operate than cars—sometimes truckers simply lose control of their vehicles. 

However, truck drivers aren’t the only ones responsible for truck accidents. The following parties could also be liable for your accident:

• Trucking company
• Truck or part manufacturer
• Company who provides maintenance services to the truck
• Company who loads the truck
• Government entities

It may not be immediately apparent who is at-fault or why after a Clearwater truck accident. We’re prepared to help you identify the parties responsible for compensating you by conducting a thorough investigation.

How Do I Prove Negligence After a Truck Accident?

To justify seeking compensation, you must show that your accident occurred because someone was negligent and caused your injuries.

Legally speaking you’ll have to prove the four elements of negligence:

• Duty.  The at-fault party owed you a duty of care.
• Breach.  They breached their duty.
• Causation. The party caused your injuries.
• Damages. You suffered damages.

Our legal team will gather evidence showing negligence, including:

• Dash cam or traffic cam footage
• Police reports and citations
• Truck maintenance records
• Driver logs
• Black box data
• Information about the trucking company’s hiring practices
• Eyewitness testimony
• And more

Every case is different. That’s why we tailor our approach to the circumstances, using all methods necessary to prove negligence.

How Long Do I Have to File a Lawsuit After a Truck Accident?

Barring an exception (to which there are many), you have either two or four years from the date of your accident to file a lawsuit in Florida. Two years is your deadline if your crash took place on or after 3/24/2023, and it is four years if your accident happened before that date. If the accident was fatal, you’d only have two years to file your wrongful death claim. These time limits are known as statutes of limitation. If you miss the deadline, you won’t be able to pursue the compensation you deserve.

You should not delay your personal injury claim. Your attorney needs time to locate evidence while it still exists and eyewitness testimony while it is still fresh. Our law office will make sure you meet all relevant filing deadlines. Although a truck accident can impact your life dramatically, help is available. Our Clearwater truck accident lawyers are ready to fight for you. We’ve been fighting for injury victims for over six decades.

Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers can help you get the money you deserve after your accident. Call us or contact us today online to schedule your free consultation.