Where Do You File a Claim for a Truck Accident in Florida?

When you suffer serious injuries in a car accident, seeking just compensation usually involves filing a claim with the at-fault driver’s insurance company. But, what do you do when you get injured in an accident involving a commercial truck? Commercial truck accident cases are much more complex, and the steps you need to take to seek just compensation depend on the specific circumstances involved.

Learn more from an experienced Florida truck accident lawyer at Searcy Denney:

5 Potential Sources of Financial Compensation After a Truck Accident in Florida

If you have a claim for a truck accident in Florida, seeking just compensation for your losses will start with identifying the party (or parties) that are legally responsible for the crash. There are several possibilities, including:

1. An Owner-Operator’s Insurance Company

If the truck driver who hit you is an owner-operator, then seeking just compensation will most likely involve dealing with the truck driver’s insurance company. Owner-operators are truck drivers who run their own small businesses, and they are required to carry liability insurance under state and federal law.

2. The Trucking Company

If the truck driver who hit you works for a trucking company, then the trucking company may be liable for your losses. As a general rule, employers are legally responsible for their employees’ negligence on the job, and trucking companies are required to carry liability insurance as well.

3. A Retailer or Other Businesses

Many retailers operate their own fleets of delivery trucks. Many other types of businesses have fleets of trucks as well (i.e., garbage trucks, dump trucks, and tanker trucks). Just like trucking companies, these businesses can be held liable for their drivers’ negligence on the job, and they will generally have liability insurance that provides coverage when their drivers cause serious and fatal collisions.

4. A Truck Manufacturer or Dealer

Instead of truck driver negligence, some truck accidents result from issues with the truck itself. Whether a factory defect or shoddy maintenance work is to blame, these issues can also provide clear grounds for truck accident victims to seek just compensation. Truck manufacturers, dealers and other businesses can be held liable for accidents resulting from truck-related issues in Florida.

5. A Third Party’s Insurance Company

Other drivers, road construction contractors and various other parties can also be responsible (or partially responsible) for causing serious and fatal truck accidents. If a third party is to blame for what happened, then that third party’s insurance policy should provide coverage.

Which Claim (or Claims) Do You Need to File?

How do you determine which insurance claim (or claims) you need to file? This itself is a complicated process that requires experienced legal representation. When you hire an experienced Florida truck accident lawyer to represent you, your lawyer will take steps, including:

Conducting an On-Scene Investigation

Promptly conducting an on-scene investigation is critical after a truck accident. Various pieces of forensic evidence may be available, and documenting the road conditions, traffic patterns and other relevant factors can be essential for proving what happened and who (or what company) is legally responsible.

Conducting an on-scene investigation may lead to other sources of evidence as well. For example, if there is a traffic camera or security camera in the vicinity of the crash site, then footage of the accident may be available. If your truck accident was captured on video, the footage could serve as key evidence of liability.

Examining Each Vehicle Involved in the Accident

Along with examining the accident scene, your lawyer will also want to thoroughly examine each vehicle involved in the accident. This examination should take place as soon as possible after the accident as well. If your vehicle or the truck gets repaired before your lawyer can assess the damage, this could make it more difficult to prove your legal rights. With this in mind, you should not authorize any repairs to your vehicle until your lawyer says it is okay to do so.

Reconstructing the Events Leading Up to the Accident

Truck accident lawyers often work with professional accident reconstructionists to piece together the critical events leading up to a collision. Accident reconstructionists examine the evidence and extract data from the accident scene to determine what happened and why. Accident reconstruction can be an extremely powerful form of evidence in truck accident cases, and while truck accident lawyers can present accident reconstructionists’ computer renderings in court when necessary, these renderings will also help facilitate favorable settlement negotiations in many cases.

Gathering Employment Records, Truck Ownership Records and Other Documentation

Determining which claim (or claims) you need to file will also involve gathering various forms of documentation. The truck driver’s employment records (if the truck driver is an employee), the truck’s ownership records and various other forms of documentation can all be essential forms of evidence for assessing your legal rights after a serious or fatal truck accident. If necessary, your lawyer can seek to obtain these (and other) forms of documentation through the formal discovery process.

Examining the Evidence and Assessing Liability Under Florida Law

After gathering as much evidence as possible, your lawyer will examine the evidence to determine which claim (or claims) he or she can file on your behalf. Your lawyer will then file all viable claims to preserve your legal rights and begin working with you to determine how much you are entitled to recover. As a truck accident victim in Florida, you are entitled to just compensation for your financial and non-financial losses, and it is critical to ensure that you are seeking the full compensation you deserve.

Schedule a Free Consultation with a Florida Truck Accident Lawyer at Searcy Denney

If you suffered serious injuries in a truck accident in Florida, our lawyers can help you, but it is important that you contact us promptly. To schedule a free consultation with a Florida truck accident lawyer at Searcy Denney as soon as possible, call 800-780-8607 or tell us how we can reach you online now.