Sarasota Truck Accident Lawyers
Few types of collisions are as devastating as those involving commercial trucks. Big rigs and other commercial vehicles are often much larger than other motor vehicles on the roadways, making them one of the most formidable types of motor vehicles motorists can go up against. Unfortunately, there is often no stopping the debilitating injuries, emotional trauma, and extreme financial losses that occur with a trucking accident. Injury victims and accident survivors do not need to let the liable party get away with it.
While they recuperate, our dedicated Sarasota truck accident lawyers at Luhrsen Goldberg will do everything possible to identify those responsible and bring them to justice. It is our goal to recover maximum compensation for our clients so they can start to rebuild their lives and escape financial distress. Connect with our personal injury law firm to request a free consultation today and discuss liability in commercial trucking accidents, how personal injury cases work, and the potential value of the victim’s damages.
Commercial Truck Accidents Take Countless Forms
According to the Florida Department of Highway Safety and Motor Vehicles, there were 393,566 total motor vehicle accidents across the state in 2023. Of these, there were 3,172 deaths, 163,852 injuries, and 104,619 hit-and-runs. The state saw 242 accidents involving impaired driving, 198 of which resulted in fatal injuries.
Data obtained from the Federal Motor Carrier Safety Administration (FMCSA) reports that there were 494,000 commercial truck accidents across the country in 2021, with as much as 26% of fatalities occurring on urban Interstate highways like those in Sarasota. The most common type of truck accidents resulting in fatal injuries are overturn or rollover truck accidents, accounting for approximately 4% of all fatalities. Other common types of collisions our tractor-trailer accident attorneys regularly handle include:
- Drunk driving truck accidents
- Garbage truck accidents
- Speeding accidents
- Jackknife accidents
- Head-on collisions
- Underride accidents
- Blind spot accidents
- Delivery truck accidents
- Distracted driving accidents
- Highway accidents
- Sideswipe accidents
- Rear-end collisions
- Tire blowouts
- Accidents at intersections
We make it a priority for our legal team to conduct comprehensive investigations into the cause of our client’s accidents. With help from a leading truck accident lawyer, our clients can feel confident in allowing us to handle the legalities of their cases while they recuperate. Those who are unsure whether they have grounds for a claim can connect with our law office to find out what their next steps should be.
The Grounds for a Truck Accident Claim Are Clear
Not every truck accident victim will have grounds for a personal injury claim. Our truck accident attorneys will carefully review the specific circumstances of prospective clients’ cases to determine whether they have met the grounds needed to move forward with a lawsuit or claim with the insurance company. Generally, this means the victim’s injuries need to be severe enough to warrant legal action, and the elements of negligence must apply.
Common Injuries Truck Accident Victims in Sarasota Endure
One of the most common questions our big rig accident lawyers are asked is whether the victim’s injuries are severe enough to take legal action. Far too many accident survivors have concerns that the type of injuries they sustained do not warrant a catastrophic injury claim. However, there is no specific injury that entitles a victim to damages. It is the extent of these injuries that determines whether the case has merit. Examples of the damages our trucking accident lawyers see most often include:
- Traumatic brain injuries
- Loss of limbs
- Spinal cord injuries
- Neck injuries
- Whiplash
- Back injuries
- Post-traumatic stress disorder (PTSD)
- Organ failure
- Internal bleeding
- Broken and fractured bones
- Facial trauma and dental injuries
The Burden of Proof and Elements of Negligence
Many truck accident survivors are surprised to learn that the burden of proof is based on a preponderance of the evidence. The leading big rig accident lawyer does not need to prove liability beyond a reasonable doubt, but they must introduce compelling evidence that convinces the jury that the defendant is more than likely responsible for causing the commercial truck accident. For any personal injury or truck accident case to be successful, the elements of negligence must be met. These include:
- Duty of care
- Breach of duty
- Causation
- Damages
Essentially, a respected trucking accident lawyer with Luhrsen Goldberg will need to show that the defendant owed the victim a duty of care and breached that duty, ultimately causing them to suffer considerable damages. In a truck accident case, for example, we might show that the truck driver owed other motorists on the roadways a duty of care and breached that duty by driving dangerously, which was found to be the approximate cause of the victim’s severe injuries and financial losses.
Liability for Sarasota Truck Accidents
Our big rig accident attorneys will be working diligently to prove liability for our client’s damages. With a trial-proven trucking accident lawyer on our client’s side, they regularly report feeling proud to have taken control of their claims by enlisting the services of an experienced legal advocate. Throughout the course of our investigation, we will likely find multiple parties sharing blame for the injury victim’s damages. It is crucial that all parties that contributed to the accident be held to account so our clients can maximize their financial payouts.
Truck Drivers
Our trucking accident attorneys frequently find truck drivers liable for these collisions. This is often because they engage in dangerous driving behaviors, such as:
- Speeding
- Failure to conduct safety inspections
- Distracted driving
- Driving while fatigued
- Road rage
- Failure to yield or stop
- Aggressive driving
- Failure to use a turn signal
- Making unlawful turns
If the trucker is found to be liable for causing our client’s injuries, the big rig accident attorney handling the case will also consider whether the trucking company or third parties could share responsibility for the accident. This most frequently occurs when the truck is defective or malfunctioning, the truck driver is too drowsy to be operating the big rig safely, or has a history of unsafe driving.
Trucking Companies
Our clients can expect the trucking accident attorney handling their case to examine the trucking company for liability. Trucking companies are ultimately responsible for their drivers and the big rigs themselves. An experienced tractor-trailer accident attorney with Luhrsen Goldberg will be able to identify whether the truck company shares partial blame for our client’s damages. This often occurs when:
- Trucking companies do not do their due diligence before hiring a truck driver
- Force or encourage truck drivers to violate FMCSA hours of service regulations or weight restrictions
- Failed to make necessary safety repairs to commercial trucks
Truck Accident Survivors Are Entitled to Just Compensation for Their Damages
Working with a semi-truck accident lawyer may be the best option for injury victims who are ready to demand fair compensation for their suffering. Damages can be categorized to ensure that every loss is accounted for. Here are some of the most frequently awarded compensatory damages in commercial truck accident claims:
General Damages (Non-Economic Damages)
Our semi-truck accident attorneys will carefully consider every way our client’s lives have been affected by their injuries and the collision itself. Non-economic damages do not have a monetary value until they are designated one by the injury victim’s semi truck accident attorney. Examples of these general damages could include:
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
- Loss of consortium
- Reputational damage
- Disfigurement
- Skin scarring
Special Damages (Economic Damages)
Our 18-wheeler accident lawyers will also need to consider the true value of our client’s economic damages. These are easily calculated and verified using financial records, and could include:
- Lost wages
- Property damages
- Medical bills
- Future healthcare costs
- Loss of employee benefits
Sarasota Truck Accident FAQ
The aftermath of a commercial truck accident is overwhelming. It is not uncommon for injury victims to report feeling confused, intimidated, and unsure of what to do next. While waiting to meet with their 18-wheeler accident lawyer for a free consultation, many accident survivors turn to the Internet to look for answers to their most pressing questions. It is our goal at Luhrsen Goldberg to make our client’s lives a little easier.
With this in mind, our semi truck accident lawyers have compiled a quick FAQ below that discusses some of the most frequently asked questions truck accident victims across Sarasota and surrounding communities have had regarding their claims. Injury victims with additional questions we do not cover on this page can reach out to our 18-wheeler accident attorneys for an opportunity to discuss their specific concerns during a free consultation.
What does it cost to hire a truck accident lawyer in Sarasota, FL?
Far too many truck accident victims hesitate to contact an 18-wheeler accident attorney for help because they are concerned about how they will afford the costs. However, with our tractor-trailer accident lawyers advocating for our client’s rights, they do not need to worry about paying any out-of-pocket expenses or attorney’s fees unless or until we win. We work for our truck accident clients on contingency.
We only get paid for our services and the costs associated with pursuing the case if we recover compensation for their damages. If we do not win, we do not receive anything. This gives us further incentive to fight tirelessly for our client’s rights to total reimbursement for their losses. It also makes it possible for anyone suffering due to another party’s negligence to take action without regard to cost.
How long do I have to file a truck accident claim?
The amount of time truck accident victims have to file a personal injury claim depends on when the accident occurred. If the accident happened before Florida modified the personal injury statute of limitations in March 2023, victims may have up to four years to file a lawsuit. However, if the accident occurred after the laws changed, injury victims may only have as much as two years to file a lawsuit.
In most cases, the statute of limitations begins counting down from the day of the accident. However, if extenuating circumstances apply, the statute of limitations could be told. This means the deadline could be paused temporarily. This may apply in instances where minors have suffered injuries, or victims have not been diagnosed with injuries related to the accident until days, weeks, or even months after the collision.
How will my claim be affected if I am accused of sharing fault for the accident?
It is not unusual for our tractor-trailer accident lawyers to refute allegations of shared liability. Sharing blame for the accident is one of the most common ways at-fault parties can avoid compensating victims fairly for their damages. Florida follows a modified comparative negligence system as of March 2023. These laws were updated when the personal injury statute of limitations was updated.
For commercial truck accidents that occurred before the law changed, pure comparative negligence laws may apply. This will not place a limit on the amount of blame a truck accident victim can share for the accident while being awarded compensation. However, if the accident happened after the laws were changed, injury victims can only be found up to 50% responsible for the accident and receive a settlement. Those that exceed this threshold may be prohibited from recovering compensation for their damages. Working with a skilled car accident law firm may be the best way to prepare for the possibility of partial fault accusations.
Turn to Sarasota’s Trusted Truck Accident Law Firm for Help Today
Working with a highly experienced Sarasota tractor-trailer accident lawyer at Luhrsen Goldberg could be the solution when injury victims are interested in demanding justice from those responsible for causing their injuries.
The claims process can be overwhelming and intimidating when survivors are still recuperating. However, with our legal team building the strongest case possible, our clients can breathe easier and feel empowered to seek the compensation that is rightfully theirs. Do not hesitate to take action. Reach out to a knowledgeable Sarasota truck accident attorney for a no-cost, risk-free consultation. Fill out our convenient contact form or call our office to get started as soon as today.