Motor vehicle accidents are traumatic experiences that result in severe injuries. When you’re involved in a truck accident, the level of trauma increases significantly. The injuries sustained can often be catastrophically life-altering. Trucks are bigger, heavier, and more unwieldy than motor vehicles operated by your average driver. Therefore, they are much more dangerous, and the medical bills associated with being involved in a truck accident are likely to be high than for a car accident. Our attorneys can fight for the financial compensation and help you need to navigate the aftermath of a truck accident.
Work towards filing your truck accident lawsuit right away. There are laws that limit how far into the future you can file a lawsuit. If you file a lawsuit too late, you will not be able to recover anything. Truck accidents are often caused by the negligence of the driver or someone else involved with the truck. If the driver did not operate the vehicle safely or if the vehicle was improperly maintained, you might be entitled to financial compensation. Sleep deprivation is also a major problem for truck drivers and could be another avenue to establish liability.
Call Law Offices of David I. Fuchs, Injury & Accident Lawyer, at (954) 751-4258 so our truck accident attorneys can assist you in a free case review.
When to File a Truck Accident Lawsuit in Orange County, FL
You should file your truck accident lawsuit as soon as possible with the help of our experienced truck accident lawyers. A law called the statute of limitations sets a timeframe for you to bring your lawsuit. If you try to sue after this time runs out, your lawsuit will be thrown out, and you will not be able to recover any damages.
The statute of limitations for motor vehicle accidents, including trucks, is two years. While there is no set statute specifically for motor vehicles, two years is the statutory period for negligence lawsuits and wrongful death lawsuits, both of which are common types of lawsuits following a truck accident.
What to Do Right After a Truck Accident in Orange County, FL
You should take certain steps after a truck accident to give you a stronger case in court. First, and most importantly, stay at the scene of the crash. Not only will first responders be better able to render assistance, but you will be able to document the crash. Take photos if you can. Get the name of the truck driver and their insurance information or employer. Be sure to file a police report. The more information you can glean and record from the scene of the accident right after, the better.
Determining Negligence in an Orange County, FL Truck Accident
Truck accidents are often caused by negligence. In this context, negligence means that the truck driver (or someone else involved with the accident) failed to act as a reasonable, ordinary truck driver would have. Negligence is a broad category that can take many forms, even when only considering the specific area of truck accidents.
Driver Negligence
Frequently, improper conduct on the part of the truck driver is the cause of a truck accident. Driver negligence can take many forms, including driving under the influence, forgetting to use a turn signal, or continuing to drive while sleepy or fatigued. Collecting any information you can about the truck driver in your accident is important to determine whether the driver was negligent.
Another Party’s Negligence
Sometimes negligence from an entity other than the truck driver will cause the accident. The truck driver is only one of many people who interact with the truck. Loaders load the truck with goods for delivery. Mechanics work on the truck. Trucking companies schedule maintenance and inspections.
Those positions and others could impact the truck’s performance, which might lead to a truck accident. For example, improper loading of cargo could cause the truck to become more unstable than it otherwise would be. Faulty linkage of the trailer to the cabin could also cause an accident if the two pieces separate on the road. If poor truck maintenance led to the accident, these individuals or their employers could be liable.
Causes of Tired Driving in Orange County, FL
A fatigued, drowsy driver is dangerous behind the wheel of any vehicle. That danger is amplified in a big truck because of the truck’s size and weight.
Sleep Apnea
Sleep apnea is a condition where breathing stops and starts repeatedly while sleeping. While sleep apnea is often a mild condition, it can be life-threatening. Symptoms of sleep apnea include difficulty focusing, fatigue, and daytime drowsiness. These symptoms could lead to catastrophic results if they occur while behind the wheel of a commercial truck.
A drowsy or fatigued driver will react slower than they otherwise would in a critical situation. In fact, serious or untreated sleep apnea can make someone medically unfit to drive an 18-wheeler or semi-truck.
If the truck driver who hit you has untreated sleep apnea, you might have a claim against them or their employer.
Sleep Deprivation
Sleep apnea aside; sleep deprivation is a leading cause of truck accidents. The Federal Motor Carrier Safety Administration, or FMCSA, dictates how long truck drivers are allowed to be behind the wheel, how much sleep they should get, and when they should take breaks. These industry rules exist because it is known how dangerous it is to drive a large, heavy vehicle while sleep-deprived.
The FMCSA permits truckers to drive for up to 60 hours in a seven-day work week or up to 70 hours in an eight-day work week. Truckers are also not allowed to drive more than 11 hours at once without a 10-hour rest afterward and are not allowed to drive more than 14 hours in one sitting. If a driver has violated these regulations and the violation led to your injuries, they might be liable in a lawsuit.
Call Our Orange County, FL Truck Accident Attorneys Today
Call our truck accident lawyers at The Law Offices of David I. Fuchs, Injury & Accident Lawyer, at (954) 751-4258 for a free case review.