Every
year, nearly 500,000 large trucks (tractor-trailers or
"semis") are involved in traffic accidents
in the United States. Approximately 5,000 of these
accidents involve semi trailer trucks and result in
fatalities. In fact, one of every eight traffic
fatalities is caused by a collision with a large
truck. Most deaths that occur in these accidents are
the passengers of the automobiles. Drivers of trucks
typically remain uninjured.
A serious truck accident requires a serious truck
accident lawyer. Martinez, Manglardi, Diez-Arguelles & Tejedor, P.A. is a statewide
litigation firm committed to protecting the safety of
Florida’s families since 1988. Over the past 15
years we have recovered more than $100 million in
verdicts and settlements for our clients. Insurance
companies are aware of the firm's strong trial record,
and that the firm can fully fund even the most complex
truck accident case.
Trucking litigation involves claims against
negligent truck drivers and the companies who hire
them. Under the law, a driver of a large truck is
considered to have an even greater standard of care
than other drivers, because of the injuries that their
large trucks can cause. Collisions caused by a
trucker's negligence can lead to the most catastrophic
injuries on the road.
The National Highway Traffic Safety Administration
(NHTSA) sponsored a study that concluded approximately
twice as many car drivers would die in collisions with
light trucks than in similar collisions involving cars
of the same weight as the light truck. For the same
reasons, occupants of passenger cars and light trucks
have much higher fatality rates than occupants of
large trucks and buses.
Examples of truck negligence generally fall into
two categories: driver error and vehicle maintenance
failure. The most common cause of driver error is
fatigue, which can cause clouded judgment, drowsiness,
and falling asleep at the wheel. Driver error can also
be due to inexperience, improper driver training and
driving under the influence of alcohol or drugs
(whether prescription or illegal). Deregulation of the
trucking industry has resulted in an increase in
speed-limit violations among tractor-trailer drivers
as well.
Truck accident lawsuits tend to be far more complex
than other vehicle accidents for several reasons, so
it is best to consult with an attorney immediately who
will look out for your best interests. The difficulty
of these cases is largely due to the following
factors:
- Trucking companies and insurance adjusters
realize the potential for major lawsuits when a
truck accident is involved, so immediately
following an accident, they quickly gather
evidence and experts so that they can immediately
begin to prepare their case.
- Determining the defendant can be extremely
difficult and complex, as follows:
- Driver
Fatigue - this would
likely be the driver’s fault.
- Overloaded
Freight – this
would likely cause the company the driver
works for to be involved in the lawsuit.
- Excessive
Speed – this could
cause the driver and the company to be listed
as co-defendants, if strict and unreasonable
deadlines were set on the driver.
- Equipment
Malfunction – this
could cause the manufacturers to be
defendants.
- Defective
Tires – this could
also cause a tire manufacturer or distributor
to be named as a defendant.
- Failure
to Follow State and Federal Regulations
– this would normally name the company and
driver to be co-defendants.
If you or someone you know has been seriously
injured in a truck accident, it is essential that you
quickly retain an attorney who has experience in
litigating truck accident cases. Martinez, Manglardi, Diez-Arguelles & Tejedor, P.A. is on your side, and we are prepared to help you
through this difficult litigation while seeking
financial compensation for your losses. Lawyers,
judges and clients recognize our firm as one of the
top civil trial firms in Central Florida. If you have
been in an accident involving a truck, contact us
today via our online
form, or call our Orlando office at (407)
381-4123, or our Kissimmee office at (407) 846-2240.
One of our lawyers will promptly be in touch with you,
and give you all the help you need.