What To Do If You Are Injured In A Truck Accident | Florida & Ohio Guide

What To Do If You Are Injured In A Truck Accident? Every day, 14 people die in commercial truck accidents across the United States, a sobering statistic that highlights the immense danger these vehicles pose on our roadways. Florida ranks third in the nation for fatal truck accidents with 311 annually, while Ohio ranks fifth with 152. If you are injured in a truck accident in Florida or Ohio, knowing what to do in the crucial hours and days following the collision can significantly impact your ability to recover compensation and protect your legal rights. The sheer size and weight of a commercial truck mean that any collision is likely to result in catastrophic injuries, complex legal challenges, and aggressive tactics from insurance companies determined to minimize their payouts. This comprehensive guide provides a step-by-step roadmap for navigating the aftermath of a truck accident in both Florida and Ohio, from the immediate actions to take at the scene to the long-term legal strategies that can help you secure the compensation you deserve.

Critical Steps to Take Immediately After a Truck Accident

The moments following a truck accident are chaotic and overwhelming, but the actions you take can have a profound impact on your health and your ability to pursue a successful legal claim. Here are the four most critical steps to take immediately after a collision with a commercial truck.

1. Ensure Safety and Call 911

Your first priority is to protect yourself and others from further harm. If you are able, move your vehicle to a safe location off the main roadway, but do not leave the scene of the accident. Turn on your hazard lights to alert other drivers. Once you are in a safe position, call 911 immediately. This is not only a critical step for getting emergency medical help to the scene, but it is also a legal requirement in both Florida and Ohio for accidents involving injuries or significant property damage. In Florida, for example, Florida Statute § 316.065 requires that any crash involving injury, death, or apparent property damage of at least $500 be reported to law enforcement. Similarly, Ohio law mandates that all accidents involving injury or death be reported to the police. When you call 911, be sure to request both police and emergency medical services.

2. Seek Medical Attention Even If You Feel Fine

The adrenaline rush that follows a traumatic event like a truck accident can easily mask serious injuries. You may feel fine at the scene, only to wake up the next day with severe pain or discover an injury days later. For this reason, it is essential to be evaluated by a medical professional as soon as possible after the accident. This creates a documented medical record that will be crucial for any future legal claim. In Florida, this step is particularly time-sensitive. Under Florida’s Personal Injury Protection (PIP) law, you must seek medical treatment within 14 days of the accident to be eligible for PIP benefits. In Ohio, while there is no similar 14-day rule, seeking prompt medical attention is still vital for demonstrating that your injuries were a direct result of the accident, which is a key component of the state’s comparative negligence system.

3. Document Everything at the Scene

If you are physically able, documenting the scene of the accident is one of the most important things you can do to protect your rights. Use your smartphone to take as many photos and videos as possible from various angles. Be sure to capture:

• Vehicle Damage: Take pictures of all vehicles involved, showing the damage from multiple perspectives.
• The Scene: Capture wide-angle shots of the entire accident scene, including any skid marks, debris on the road, and the final resting positions of the vehicles.
• Road and Weather Conditions: Document any relevant conditions, such as wet roads, construction zones, or poor visibility.
• Traffic Signs and Signals: Take photos of any nearby traffic signs, signals, or other relevant road markings.
• Visible Injuries: If you have any visible injuries, such as cuts or bruises, photograph them.
• License Plates and DOT Numbers: Get clear photos of the truck’s license plate and the USDOT number, which is typically displayed on the side of the cab.

4. Gather Essential Information

In addition to taking photos, you should also gather as much information as possible from everyone involved. This includes:

1. From the Truck Driver: – Full name and contact information – Commercial Driver’s License (CDL) number – Insurance company and policy number – The name and contact information of their employer (the trucking company)
2. From Witnesses: – Full names and contact information – A brief statement of what they saw
3. From the Police: – The name and badge number of the responding officer(s) – The police report number – Information on how to obtain a copy of the official accident report

This information will be invaluable as you move forward with your insurance claim and potential legal action.

How to Protect Your Legal Rights After a Truck Accident

In the aftermath of a truck accident, it is essential to be mindful of your words and actions, as they can have a significant impact on your ability to recover fair compensation. Here are some key steps to protect your legal rights.

What NOT to Say or Do

• Never admit fault or apologize. Even a simple “I’m sorry” can be twisted by insurance companies to suggest you are accepting responsibility for the accident.
• Avoid speculating about the cause of the crash. Stick to the facts when speaking with law enforcement and your insurance company.
• Do not sign any documents from the trucking company or their insurer without legal review. You could be signing away your rights to fair compensation.
• Avoid giving a recorded statement to the trucking company’s insurance adjuster. They are trained to ask questions that can be used against you later.
• Refrain from posting about the accident on social media. Insurance companies will scrutinize your social media accounts for any evidence that could be used to downplay your injuries or dispute your claim.

Dealing with Insurance Companies

Shortly after the accident, you will likely be contacted by both your own insurance company and the trucking company’s insurer. It is important to handle these conversations carefully.

Your Insurance Company: You are required to report the accident to your own insurance company in a timely manner. When you do, provide only the basic facts of the accident. In Florida, your PIP benefits will be your first source of compensation for medical bills and lost wages. In Ohio, your own insurance may come into play depending on the specifics of your policy and the at-fault party’s coverage.

The Trucking Company’s Insurance: Be extremely cautious when dealing with the trucking company’s insurance adjuster. Their primary goal is to protect their company’s financial interests, which means paying you as little as possible. They may seem friendly and concerned, but they are not on your side. It is always best to consult with a truck accident attorney before providing any information to the trucking company’s insurer.

Preserving Critical Evidence

In addition to the evidence you gather at the scene, there is other critical evidence that must be preserved in the days and weeks following the accident. This includes:

• Your Vehicle: Do not have your vehicle repaired until it has been inspected by your attorney and any necessary experts.
• Medical Records: Keep a detailed file of all your medical records, bills, and receipts.
• Employment Records: If you have missed work due to your injuries, keep track of your lost wages and obtain a letter from your employer.
• Time-Sensitive Evidence: A truck accident attorney can take immediate steps to preserve time-sensitive evidence, such as the truck’s electronic logging device (ELD) or “black box” data, the driver’s hours-of-service logs, and the truck’s maintenance records. This evidence is often crucial for proving negligence.

Florida and Ohio Truck Accident Laws: What You Need to Know

Navigating the legal landscape after a truck accident can be incredibly complex, as it involves a web of state and federal laws. Understanding the specific regulations in Florida and Ohio is essential for protecting your rights and building a strong case.

Florida Truck Accident Laws

Florida operates under a unique set of laws that can significantly impact your truck accident claim.

No-Fault Insurance System: Florida is a no-fault insurance state, which means that your own Personal Injury Protection (PIP) insurance is your first source of compensation for medical expenses and lost wages, regardless of who was at fault for the accident. You are required to carry a minimum of $10,000 in PIP coverage. However, to be eligible for these benefits, you must seek medical treatment within 14 days of the accident.

Serious Injury Threshold: To step outside of the no-fault system and file a lawsuit against the at-fault party for non-economic damages like pain and suffering, you must have sustained a “serious injury.” Under Florida law, this is defined as a permanent injury, significant and permanent scarring or disfigurement, or the permanent loss of an important bodily function.

Statute of Limitations: In Florida, you generally have two years from the date of the accident to file a personal injury lawsuit, and two years to file a wrongful death claim.

Comparative Negligence: Florida follows a pure comparative negligence rule. This means that you can still recover damages even if you were partially at fault for the accident, but your compensation will be reduced by your percentage of fault.

Ohio Truck Accident Laws

Ohio’s laws differ from Florida’s in several key ways.

Fault-Based Insurance System: Ohio is a traditional fault-based or “tort” state. This means that the at-fault party is responsible for the damages they cause. There is no PIP requirement in Ohio.

Comparative Negligence Rule: Ohio follows a modified comparative negligence rule. Under this rule, you can only recover damages if you are found to be 50% or less at fault for the accident. If you are found to be 51% or more at fault, you are barred from recovering any compensation.

Statute of Limitations: Similar to Florida, Ohio has a two-year statute of limitations for filing a personal injury or wrongful death lawsuit.

Damage Caps: Ohio law places some caps on non-economic damages in certain personal injury cases, but these caps do not apply to catastrophic injuries, which are common in truck accidents.

Federal Trucking Regulations

In addition to state laws, the trucking industry is also governed by a comprehensive set of federal regulations enforced by the Federal Motor Carrier Safety Administration (FMCSA). These regulations cover everything from the number of hours a driver can be on the road to the maintenance of the truck itself. Common FMCSA violations that can lead to accidents include:

Hours-of-Service Violations: Fatigued driving is a major cause of truck accidents. The FMCSA has strict rules about how long a driver can be on duty and behind the wheel.

Improper Vehicle Maintenance: Trucking companies are required to regularly inspect and maintain their vehicles to ensure they are safe for the road.

Overweight or Improperly Loaded Cargo: An overweight or improperly balanced load can make a truck difficult to control and increase the risk of a rollover or jackknife accident.

Inadequate Driver Training: Trucking companies have a responsibility to ensure their drivers are properly trained and qualified to operate their vehicles safely.

Who Can Be Held Liable in a Truck Accident?

Determining liability in a truck accident case is often far more complex than in a typical car accident. This is because there are often multiple parties who may share responsibility for the crash. An experienced truck accident attorney can conduct a thorough investigation to identify all potentially liable parties, which may include:

The Truck Driver

The truck driver is often the most obvious at-fault party. Common examples of driver negligence include:

• Speeding or reckless driving
• Driving under the influence of drugs or alcohol
• Distracted driving, such as texting or using a GPS
• Violating federal hours-of-service regulations
• Inadequate training or experience

The Trucking Company

In many cases, the trucking company can also be held liable for the driver’s negligence under the legal doctrine of “vicarious liability.” Additionally, the trucking company may be directly liable for its own negligence, such as:

• Negligent hiring practices, such as failing to conduct proper background checks
• Inadequate driver training or supervision
• Pressuring drivers to violate safety regulations to meet deadlines
• Failing to properly maintain their vehicles

Third Parties

In some cases, other third parties may also be at fault, such as:

• The company that loaded the cargo if the truck was overloaded or the cargo was not properly secured.
• The manufacturer of the truck or its parts if a defective product, such as faulty brakes or a tire blowout, caused the accident.
• A maintenance provider if they performed shoddy or incorrect repairs.
• A government entity if a dangerous road condition, such as a pothole or a missing sign, contributed to the crash.

Types of Compensation Available

If you have been injured in a truck accident, you may be entitled to recover compensation for a wide range of damages, including:

Economic Damages: These are the tangible financial losses you have suffered, such as: – Current and future medical expenses – Lost wages and loss of future earning capacity – The cost to repair or replace your vehicle – Rehabilitation and physical therapy costs

Non-Economic Damages: These are the intangible losses you have suffered, such as: – Pain and suffering – Emotional distress and mental anguish – Loss of consortium (the loss of the companionship and support of a loved one) – Diminished quality of life

Punitive Damages: In some cases, it may be possible to recover punitive damages. These are not intended to compensate you for your losses, but rather to punish the at-fault party for their egregious conduct and to deter similar conduct in the future. Both Florida and Ohio have specific laws governing when punitive damages can be awarded.

Factors Affecting Settlement Amounts

The amount of compensation you may be able to recover will depend on a variety of factors, including the severity of your injuries, the degree of fault of each party, the available insurance coverage, and the strength of the evidence in your case. While every case is unique, here are some general settlement ranges:

• Minor Injuries: $10,000 – $50,000
• Moderate Injuries: $50,000 – $250,000
• Severe Injuries: $250,000 – $1,000,000+
• Catastrophic Injuries: $1,000,000+

Why You Need a Truck Accident Attorney

Given the complexity of truck accident cases, it is essential to have an experienced attorney on your side. Here are some of the key reasons why you should hire a truck accident lawyer:

Complexity of Truck Accident Cases

Truck accident cases are not like typical car accident cases. They involve a unique set of challenges, including:

• Multiple Liable Parties: As discussed above, there are often multiple parties who may be at fault in a truck accident.
• Federal and State Regulations: Truck accident cases involve a complex web of federal and state regulations that do not apply to other types of motor vehicle accidents.
• Aggressive Insurance Companies: Trucking companies and their insurers have teams of lawyers and investigators who will work to protect their financial interests.
• Specialized Evidence: Truck accident cases often involve specialized evidence, such as the truck’s “black box” data and the driver’s logs.
• Time-Sensitive Investigations: It is crucial to begin investigating a truck accident as soon as possible to preserve critical evidence.

What an Attorney Can Do for You

A truck accident attorney can handle all aspects of your case, from the initial investigation to the final settlement or verdict. This includes:

• Conducting a thorough investigation of the accident
• Preserving critical evidence
• Hiring experts, such as accident reconstructionists and medical professionals
• Negotiating with the insurance companies on your behalf
• Filing a lawsuit if a fair settlement cannot be reached

When to Contact an Attorney

It is important to contact a truck accident attorney as soon as possible after the accident. The sooner you have an attorney on your side, the sooner they can begin protecting your rights and building your case. You should definitely contact an attorney if:

• You or a loved one has suffered serious or permanent injuries
• The trucking company’s insurance company has contacted you
• There is a dispute over who was at fault for the accident
• You have been offered a settlement that seems too low

Choosing the Right Attorney

When choosing a truck accident attorney, it is important to select a firm with a proven track record of success in these types of cases. At Pencheff & Fraley, we have the experience, resources, and dedication to take on the largest trucking companies and their insurers. We have a deep understanding of the complex federal and state laws that govern the trucking industry, and we know how to build a strong case to maximize your compensation. We also work on a contingency fee basis, which means you pay nothing unless we win your case.

Planning for Long-Term Recovery After a Truck Accident

The physical, emotional, and financial consequences of a truck accident can last for months, years, or even a lifetime. Planning for your long-term recovery is an essential part of the healing process.

Medical Treatment and Rehabilitation

It is crucial to follow your doctor’s orders and attend all of your medical appointments. This not only ensures that you are getting the care you need, but it also creates a documented record of your injuries and treatment. Depending on the severity of your injuries, you may require ongoing medical care, such as physical therapy, occupational therapy, or vocational rehabilitation.

Financial Planning

The financial strain of a truck accident can be overwhelming. It is important to keep track of all of your accident-related expenses, including medical bills, lost wages, and out-of-pocket costs. An experienced truck accident attorney can help you understand the full extent of your financial losses and fight for the compensation you need to cover them.

Emotional and Psychological Recovery

The emotional trauma of a truck accident can be just as devastating as the physical injuries. It is common for accident victims to suffer from post-traumatic stress disorder (PTSD), anxiety, depression, and other psychological issues. Seeking help from a mental health professional can be an important part of your recovery.

Frequently Asked Questions About Truck Accidents

Here are some answers to frequently asked questions about truck accidents in Florida and Ohio:

How long do I have to file a truck accident claim in Florida/Ohio?

In both Florida and Ohio, you generally have two years from the date of the accident to file a personal injury or wrongful death lawsuit. However, there are some exceptions to this rule, so it is important to speak with an attorney as soon as possible.

What if the truck driver wasn’t at fault?

Even if the truck driver was not at fault, you may still be able to recover compensation from other parties, such as the trucking company, the cargo loader, or the manufacturer of the truck.

Can I still recover compensation if I was partially at fault?

In Florida, you can still recover damages even if you were partially at fault, but your compensation will be reduced by your percentage of fault. In Ohio, you can only recover damages if you are found to be 50% or less at fault.

How much is my truck accident case worth?

The value of your case will depend on a variety of factors, including the severity of your injuries, the amount of your medical bills and lost wages, and the strength of the evidence in your case.

What if the trucking company’s insurance contacts me?

You should not speak with the trucking company’s insurance adjuster without first consulting with an attorney. The adjuster’s goal is to pay you as little as possible, and they may try to get you to say something that could hurt your case.

Do I need to hire an attorney for a truck accident?

It is highly recommended that you hire an attorney for a truck accident case. These cases are incredibly complex, and an experienced attorney can help you navigate the legal system and fight for the compensation you deserve.

How long does a truck accident case take to resolve?

The length of a truck accident case will vary depending on the complexity of the case and whether it goes to trial. Some cases can be resolved in a matter of months, while others can take several years.

What evidence is most important in a truck accident case?

The most important evidence in a truck accident case will vary depending on the specific facts of the case. However, some of the most common types of important evidence include the police report, medical records, witness statements, and the truck’s “black box” data.

Can I sue if a family member died in a truck accident?

Yes, you may be able to file a wrongful death lawsuit if a family member died in a truck accident. These cases are often even more complex than personal injury cases, so it is important to speak with an attorney as soon as possible.

What if the truck driver was an independent contractor?

Even if the truck driver was an independent contractor, the trucking company may still be held liable for the accident. An experienced attorney can help you determine all of the potentially liable parties.

How do federal regulations affect my case?

Federal regulations play a major role in truck accident cases. If the truck driver or trucking company violated any of these regulations, it can be strong evidence of negligence.

What if I can’t afford an attorney?

Most truck accident attorneys, including Pencheff & Fraley, work on a contingency fee basis. This means that you do not pay any attorneys’ fees unless we win your case.

Truck Accident Statistics: Florida and Ohio

The statistics surrounding truck accidents are staggering and paint a clear picture of the dangers on our roads.

National Statistics

According to the National Highway Traffic Safety Administration (NHTSA), in 2019:

• There were 538,000 large trucks involved in police-reported traffic crashes.
• 4,479 of these crashes resulted in fatalities.
• 114,000 of these crashes resulted in injuries.
• An average of 14 people die each day in accidents involving commercial trucks.

State-Specific Data

• Florida: With 311 fatal truck accidents in 2019, Florida ranks third in the nation for these deadly crashes.
• Ohio: Ohio is not far behind, ranking fifth in the nation with 152 fatal truck accidents in 2019.

Who is Most at Risk?

The vast majority of those killed and injured in truck accidents are not the occupants of the truck. In 2019:

• 71% of fatalities were occupants of other vehicles.
• 11% of fatalities were nonoccupants, such as pedestrians and cyclists.
• Only 18% of fatalities were occupants of the large trucks.

These statistics underscore the importance of holding negligent truck drivers and trucking companies accountable for the devastation they cause.

Take Action to Protect Your Rights After a Truck Accident

The aftermath of a truck accident can be a confusing and overwhelming time. The steps you take in the hours, days, and weeks following the crash can have a significant impact on your ability to recover the compensation you deserve. By following the guidance in this article, you can protect your legal rights and put yourself in the best possible position to secure a fair settlement. Remember, you do not have to go through this alone. The experienced truck accident attorneys at Pencheff & Fraley are here to help. We have a proven track record of success in handling complex truck accident cases in both Florida and Ohio, and we are dedicated to fighting for the justice and compensation our clients deserve.

Contact us today for a free, no-obligation consultation. We will review your case, answer your questions, and explain your legal options. And because we work on a contingency fee basis, you pay nothing unless we win your case.

Call us at 866-267-6979 or visit our website at www.pencheffandfraley.com to schedule your free case evaluation.