What to Do After a Collision with a Commercial Truck in Florida: A Step-by-Step Guide
August 27, 2024
Collisions involving commercial trucks are particularly devastating due to the size and weight of these vehicles. The aftermath of such an accident can be overwhelming, especially when serious injuries or the tragic loss of a loved one occurs. The steps you take immediately following the incident are crucial, not only for your recovery but also for protecting your legal rights.
This guide outlines the key actions to take after a collision with a commercial truck in Florida. By following these steps, you can help ensure that your rights are protected and that you have the best chance of securing the compensation you deserve.
1. Ensure Safety and Seek Medical Attention
The first and most important step after any collision is to ensure the safety of everyone involved. If possible, move your vehicle out of the flow of traffic to a safe location. Turn on your hazard lights to alert other drivers and prevent further accidents.
Even if you feel fine, it’s essential to seek medical attention immediately. Some injuries, such as whiplash, traumatic brain injuries, and internal bleeding, may not manifest symptoms right away but can have serious long-term consequences if left untreated. A prompt medical examination also establishes a record of your injuries, which will be critical if you decide to pursue a personal injury claim.
2. Call the Police
In Florida, you are required by law to report any accident that results in injury, death, or significant property damage to the police. When the authorities arrive, they will create an official accident report, documenting the scene, interviewing witnesses, and recording vital details.
The police report is a crucial piece of evidence in any personal injury claim. It provides an unbiased third-party account of the accident, which can be used to establish fault and support your claim for compensation.
3. Gather Evidence at the Scene
While waiting for the police to arrive, and if it is safe to do so, begin gathering evidence at the scene. Take photographs of the accident from multiple angles, including damage to all vehicles involved, skid marks on the road, and any visible injuries.
If there are witnesses, ask for their contact information and, if possible, a brief statement about what they saw. Witness testimony can be invaluable in supporting your version of events, especially if there is a dispute about fault.
4. Exchange Information with the Truck Driver
Just as you would in any other car accident, exchange information with the commercial truck driver. This includes:
- The driver’s name, contact information, and driver’s license number
- The truck’s license plate number and vehicle identification number (VIN)
- The name of the trucking company and its contact information
- The truck’s insurance information, including the policy number
It’s also advisable to note down any identifying features of the truck, such as company logos or specific markings, as these details may be relevant to your case.
5. Avoid Admitting Fault
In the aftermath of a collision, emotions can run high, and it’s natural to want to apologize or express concern. However, it’s crucial to avoid making any statements that could be interpreted as admitting fault.
Even a simple apology can be used against you by the truck driver’s insurance company to reduce or deny your claim. Instead, focus on gathering information and let the facts speak for themselves when your case is reviewed.
6. Notify Your Insurance Company
After ensuring that everyone is safe and obtaining necessary medical care, notify your insurance company about the accident. Provide them with the details of the collision but refrain from giving a recorded statement until you have consulted with an attorney.
Insurance companies may attempt to settle claims quickly and for less than what you deserve. By consulting with a personal injury attorney first, you can avoid making any statements that could harm your case.
7. Consult a Personal Injury Attorney
Collisions involving commercial trucks are legally complex, often involving multiple parties, including the truck driver, the trucking company, and their insurers. These companies typically have legal teams working to protect their interests, and you need someone equally experienced to protect yours.
If you have suffered serious injuries or lost a loved one, it’s critical to consult with an experienced truck accident lawyer as soon as possible. An attorney can help you navigate the complexities of your case, gather additional evidence, negotiate with insurance companies, and represent you in court if necessary.
8. Preserve All Evidence and Documentation
Throughout the aftermath of the accident and your recovery, keep a detailed record of all medical treatments, expenses, and communications related to the accident. This includes:
- Medical bills and records
- Repair estimates and invoices for vehicle damage
- Receipts for any other out-of-pocket expenses related to the accident
- Correspondence with your insurance company
- A personal journal documenting your pain, suffering, and how the accident has affected your daily life
This documentation will be critical in demonstrating the extent of your damages and securing the maximum compensation in your claim.
9. Understand Florida’s Statute of Limitations
In Florida, the statute of limitations for filing a personal injury lawsuit is typically four years from the date of the accident. However, this timeframe can be shorter in cases involving government entities or if the claim is against a commercial trucking company subject to federal regulations.
For wrongful death claims, the statute of limitations is generally two years from the date of death. It’s important to be aware of these deadlines and to take action within the appropriate time frame. An attorney can help ensure that your claim is filed on time, protecting your right to seek compensation.
10. Focus on Your Recovery
While it’s important to stay engaged in the legal process, your primary focus should be on your recovery. Follow your doctor’s advice, attend all medical appointments, and take the necessary steps to heal physically and emotionally.
If you have lost a loved one, take the time to grieve and seek support from family, friends, and professional counselors. Your attorney will handle the legal aspects of your case, allowing you to concentrate on healing and moving forward.
Protect Your Rights After a Truck Accident in Florida
Collisions with commercial trucks can be life-altering, and the impact is even more profound when a loved one is lost. By taking the right steps after the accident, you can protect your legal rights and improve your chances of obtaining the compensation you deserve. Feingold & Posner, P.A. is here to support you through this difficult time, offering skilled legal guidance to help you navigate the complexities of your personal injury or wrongful death claim.
Contact Feingold & Posner, P.A. for Your Free Consultation Today
If you have suffered serious injuries or lost a loved one in a commercial truck accident in South Florida, don’t face the aftermath alone. The experienced Fort Lauderdale truck accident lawyers at Feingold & Posner, P.A. are dedicated to securing the compensation you deserve. From negotiating with insurance companies to representing you in court, we’ll handle every aspect of your case so you can focus on healing. Contact us today for a free consultation and take the first step towards justice.
Call Feingold & Posner, P.A. at (954) 807-4665 or fill out our online contact form now.
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