Truck Underride Accidents: What Florida Victims and Families Need to Know

Truck underrides are serious accidents that can have life-altering consequences. Tragically, they can have life-threatening consequences in many cases as well. If you have been seriously injured or a loved one has been seriously injured or killed in a truck underride accident in Florida, keep reading to learn what you need to know from an experienced Florida truck accident lawyer at Searcy Denney:

Truck Underride Accidents Are Preventable

Despite the fact that truck underride accidents happen regularly, these accidents are entirely preventable. Multiple companies manufacture various forms of underride protection that trucking companies could install on their trucks to prevent underride accidents.

While federal regulations require tractor-trailers to have rear underride guards, similar requirements do not exist for other types of large commercial trucks. Additionally, side underride guards are not required at the federal level. As a result, even though simple solutions exist, many trucking companies and owner-operators still choose to prioritize cost savings over protecting drivers’ and passengers’ safety.

Victims and Families Are Entitled to Just Compensation

Since options are available to prevent underride accidents, when these accidents happen, victims and their loved ones will frequently be entitled to financial compensation. Potential grounds to file a truck accident claim in these cases include:

• Failure to Install Underride Protection – As we just discussed, while trucking companies and owner-operators can install guards and other forms of protection to prevent underride accidents, many trucking companies and owner-operators choose not to do so.
• Ineffective or Defective Underride Protection – Even if a truck is equipped with underride protection, this doesn’t necessarily mean that this protection will work. If a truck’s underride protection is ineffective or defective, this could provide grounds to hold the manufacturer accountable.
• Truck Driver Negligence – Braking harshly, changing lanes without checking blind spots and turning in front of approaching vehicles are all mistakes that can—and do—lead to underride accidents. When a truck driver’s negligence is to blame, the truck driver’s employer can generally be held liable under Florida law.

To be clear, these are just examples. Other factors can—and do—cause underride accidents as well. Regardless of the specific issue (or issues) involved, if an underride accident could have been avoided by prioritizing safety and/or observing the rules of the road, financial compensation may be available under Florida law.

Proving the Cause of the Accident is the First Step

In all types of truck accident cases, proving the cause of the accident is the first step toward holding the at-fault party (or parties) accountable. This requires a comprehensive investigation, which will be focused on examining and documenting things like:

• Whether effective underride guards could have prevented the accident or mitigated its consequences;
• Whether the truck driver’s negligence behind the wheel played a role in causing the accident; and,
• Whether any other factors (i.e., other issues with the truck or another driver’s negligence) played a role in causing the collision.

Due to the importance of documenting the cause (or causes) of the accident, once you hire a Florida truck accident lawyer to represent you, conducting a comprehensive investigation will be your lawyer’s top priority. Along with conducting an on-scene investigation and examining any photos or videos from the accident scene, your lawyer can seek to obtain manufacturing records, maintenance records, phone records, driving logs, and other forms of documentation as well.

The Next Step is Proving How Much You Deserve to Recover

After proving the cause of the accident, a key next step in the process will be proving how much you deserve to recover. In both serious and fatal accident cases, the financial and non-financial costs of truck underride accidents can be substantial.

However, victims’ and families’ losses are also unique to their individual circumstances. As a result, the amount that you are entitled to recover will depend on how the accident has impacted (and is continuing to impact) your life. In fatal accident cases, the victim’s financial and non-financial losses prior to death play an important role as well—and, here too, it is essential to focus on the unique circumstances at hand.

With all of that said, victims’ and families’ losses in underride accident cases tend to be substantial. Suffering catastrophic injuries or losing a loved one can take an unimaginable toll on your life. As a result, it is critical to make sure you know all of the losses you are entitled to recover—and this, too, requires experienced legal representation.

There Are Many Ways an Experienced Florida Truck Accident Lawyer Can Help

If you are struggling to cope with the aftermath of a serious or fatal underride accident, there are many ways an experienced Florida truck accident lawyer can help you. Here are just a few examples:

• Conducting a Comprehensive Investigation and Preserving Critical Evidence – As soon as possible, your lawyer will launch a comprehensive investigation focused on uncovering and preserving the evidence needed to assert your legal rights.
• Calculating the Financial and Non–Financial Losses You Are Entitled to Recover – Your lawyer will work closely with you, your doctors (or your loved one’s doctors) and other professionals to accurately calculate the financial and non-financial losses you are entitled to recover.
• Filing Your Claim (or Claims) and Fighting for Justice on Your Behalf – After gathering the necessary evidence, your lawyer will file all viable claims against all liable parties and then fight for just compensation on your behalf.

But, a Florida truck accident lawyer can only help you if you get in touch. With this in mind, if you need help after a truck underride accident, we strongly recommend scheduling a free consultation as soon as possible.

Schedule a Free Consultation with a Florida Truck Accident Lawyer Today

If you need to know more about filing a claim for a truck underride accident in Florida, our lawyers are available to speak with you 24/7. For a free, no-obligation consultation with an experienced Florida truck accident lawyer, call 800-780-8607 or tell us how we can contact you online now.