Boca Raton Truck Accident FAQ
I was injured in a truck accident; do I have grounds to sue?
This depends on one major question: Were you at fault for causing the accident? If another party is primarily responsible for causing the collision, you should have grounds to file a personal injury or wrongful death claim for a truck accident.
Who can I sue for my truck accident?
Depending on the circumstances of the accident, you may have grounds to sue the truck driver, the trucking company, or both. For example, if the trucker caused the accident because he was texting on a cell phone, you most likely can file a personal injury claim against his liability insurance policy. If, on the other hand, the trucking company was to blame, such as by sending the truck out with an improperly secured load, you may be able to file a claim against the company.
Can I file a personal injury claim for an accident caused by a tired truck driver?
Truckers who cause accidents by driving while fatigued can, and should, be held accountable. Truck drivers frequently stay on the road when they should stop to rest, such as to meet tough delivery deadlines. The Hours of Service regulations set by the Federal Motor Carrier Safety Administration exist to keep tired drivers of the road by setting limits on the number of hours they can drive before taking rest breaks, but many drivers break the rules, and when they do they place everyone on the road at risk.
What are black boxes?
Many trucking companies now require their drivers to install "black boxes" in the truck cab as a way to ensure that the Hours of Service regulations are being followed. The black box monitors the hours when the vehicle is on the road. Compared to the traditional paper log books, black boxes provide a much more reliable, and more difficult to falsify, source of information that can be used to hold truckers accountable and as evidence in court in the event of an accident.
What is an "underride accident"?
In an underride accident, a smaller automobile, such as a sedan or coupe, gets caught under the trailer of a semi-truck. This accident is among the most deadly, and it is one that can nearly always be prevented. Truck trailers should have underride guards installed on the rear end as a barrier to ensure that another vehicle will not get caught in the event of a rear-end crash. In cases where there was no guard, or where the guard was of inferior material or improperly installed, this may serve as evidence of negligence on the part of the trucker or trucking company.
The trucking company has contact me about my accident; what should I do?
If you are contacted by the trucking company or anyone from an insurance company following your accident, the one thing you must not do is to agree to discuss the case. Statements that you make may be used against you later on in the case, such as if you accept partial responsibility for the accident or if you say something that is construed to mean that your injuries are not as great as you claim that they are. Don't take chances with the outcome of your case. Refer any calls or requests for comment to Willis Law, P.A. and tell them to speak with your Boca Raton personal injury lawyer.