Daytona Beach Truck Accident Lawyer

Representing Truck Accident Victims Throughout Florida

If you have been injured in a truck accident through no fault, you must understand your rights to compensation for your losses. At Politis & Matovina, P.A., our Daytona Beach truck accident lawyers diligently provide the answers you need when seeking compensation for your medical bills, lost wages, property damage, and pain and suffering.

The most important thing you can do to protect yourself and your family is to act fast! Evidence disappears in these cases, but our team of investigators and engineers is ready, willing, and able to ensure that does not happen!

Have you or a loved one been injured in a truck accident? Don't wait to get the compensation you deserve. Call Politis & Matovina, P.A. today at (386) 333-6613 or contact us online to discuss your case!

Understanding Florida Truck Driver Laws & Regulations

Federal law governs when truck drivers can be on the road and how long they must rest. These laws are called hours of service regulations and are regulated by the Federal Motor Carrier Safety Administration (FMCSA). By law, truckers are not allowed to work longer than 14 hours.

This 14-hour window includes meal and rest breaks. After the 14-hour workday, a driver must rest for at least 10 consecutive hours before returning to work. Within the 14-hour work window, a trucker is allowed to drive for 11 hours. Truckers are also mandated days off, even on the road.

These days off are regulated by how many days a week a trucking company is open, often called the 60/70 rule. If a business is open seven days a week, a driver must take 34 consecutive hours off after working 70 hours in eight days. Likewise, if a company is open five to six days a week, a driver can only work up to 60 hours in seven days before taking a 36-hour break.

Understanding these regulations is crucial, as violations can significantly determine liability in a truck accident. Trucking companies are required to maintain compliance and accurate logbooks. Inexperienced truckers often inadvertently breach these regulations without realizing it, creating risks on the road. By familiarizing themselves with these rules, drivers and companies can contribute to safer travel for everyone.

Common Causes of Truck Accidents

At any given time, thousands of semi-trucks are making their way up busy shipping lanes like I-95, I-75, and I-4. Unfortunately, these trucks don’t always make it to their destination safely – some are involved in serious accidents that leave unsuspecting drivers with life-altering injuries. The approximate number of people injured in truck accidents across the U.S. is 140,000. The injuries in these crashes are much more likely to be traumatic and life-altering due to the sheer size and weight of these vehicles.

Many factors can cause a truck accident. Our skilled team of attorneys can conduct a thorough investigation to determine the cause of the accident.

Truck accidents are commonly caused by the following:

• Fatigued driving
• Drunk driving
• Inadequate training
• Insufficient maintenance
• Faulty vehicle part
• Poor road conditions

Your Daytona Beach truck accident lawyer understands the unique nature of accident cases and offers the guidance you need to pursue compensation that covers your immediate losses and any ongoing care necessary to recover or adapt to a new lifestyle.

Identifying the cause is not always straightforward, as multiple factors may contribute simultaneously. Our approach involves detailed analysis and evidence gathering to pinpoint the origin of the accident, whether due to driver error or failure of vehicle components. By discerning the particulars of your situation, we can better strategize pathways to achieving rightful compensation for damages endured.

Common Types of Truck Accidents

A truck accident refers to a collision or incident involving a large commercial vehicle, such as a semi-truck, 18-wheeler, or other types of large trucks, and another vehicle, pedestrian, or object. Due to trucks' size and weight, these accidents often lead to more severe injuries and damages compared to typical car accidents.

Common types of truck accidents include:

• Jackknife Accidents: This occurs when the truck’s trailer swings out to the side and forms a 90-degree angle with the cab, resembling the shape of a jackknife. Jackknife accidents can happen when the truck brakes suddenly or improperly.
• Rear-End Collisions: Large trucks often take longer to stop due to their weight. If the driver fails to maintain a safe following distance, a rear-end collision may occur, especially if the vehicle in front stops suddenly.
• Underride Accidents: In these accidents, a smaller vehicle slides underneath the rear or side of the truck, often resulting in severe or fatal injuries to the passengers in the smaller vehicle.
• Tire Blowouts: When a truck’s tire bursts, the driver may lose control of the vehicle, leading to accidents. Tire blowouts can be caused by poor maintenance or road debris.
• Wide-turn accidents: Trucks need extra space to make turns, especially right turns. If the driver fails to signal or check blind spots, they can collide with other vehicles, cyclists, or pedestrians during the turn.
• Blind Spot Accidents: Trucks have larger blind spots than passenger vehicles. If another vehicle is in the truck’s blind spot and the truck changes lanes or turns, a collision can result.
• Head-on Collisions: These occur when a truck crosses the center line or veers into oncoming traffic, often resulting in devastating injuries due to the truck’s size and weight.
• Rollover Accidents: A truck rollover happens when the driver loses control, causing the truck to tip over. This can occur due to speeding, sharp turns, or load imbalance.
• Cargo-Related Accidents: When cargo is improperly secured or loaded, it can shift during transit, causing the truck to become unstable or spill onto the roadway, leading to accidents.
• T-Bone or Side-Impact Collisions: These accidents happen when a truck runs a red light or stop sign and crashes into the side of another vehicle. The impact is often severe, especially for the vehicle hit on the side.

Truck accidents present complex scenarios that require expertise in managing their aftermath. Awareness of diverse accident types aids in legal approaches, underscoring the necessity of employing strategic legal actions tailored to the accident style. By evaluating the distinct nature of each accident type, our firm can offer specific support based on the accident identified.

Common Truck Accident Injuries 

Truck accidents can result in severe and life-altering injuries due to the sheer size and weight of commercial trucks. Common injuries include:

• Spinal cord injuries
• Traumatic brain injuries (TBI)
• Fractures and broken bones
• Internal organ damage
• Whiplash and neck injuries
• Severe lacerations and contusions
• Amputations
• Burn injuries
• Post-traumatic stress disorder (PTSD)

These injuries often require extensive medical treatment, rehabilitation, and ongoing care, placing a significant financial burden on the victims and their families.

The road to recovery can be arduous, often involving surgery, physical therapy, and psychological counseling. This process places emotional and financial strains on individuals and their families, highlighting the importance of securing long-term healthcare and support compensation. It's essential to consult legal professionals to explore all avenues of financial assistance to aid victims in rebuilding their lives.

Who is Liable for a Truck Accident?

Unlike a car accident, where the party responsible for the accident is usually the one held liable, several people can be held responsible for a truck accident, including:

• The trucking company: It is not uncommon for trucking companies to encourage their drivers to break FMCSA regulations or cut other corners to help their bottom line, which increases the likelihood of an accident.
• The truck driver: When a truck driver is an independent contractor instead of an employee of the company they drive for or if they own the truck, they can be held liable. Additionally, if a driver engaged in unlawful behavior during the accident, such as drinking and driving, they can be held responsible.
• The truck manufacturer: A defective auto part can cause an accident, in which case the truck manufacturer may be held liable.
• Cargo loaders: If a truck’s cargo is not loaded properly, it can cause an accident because the weight is not distributed as it should be throughout the truck. In this case, the cargo loaders may be held liable.

Determining liability involves thorough investigation and legal acuity. Insurance companies might disagree with initial findings, requiring robust evidence to bolster claims. At Politis & Matovina, P.A., we meticulously examine all facets of potential liability to secure the compensation clients deserve while navigating the legal complexities surrounding such multifaceted cases.

Recoverable Damages in Truck Accident Cases

Truck accidents often result in significant physical, emotional, and financial losses for the victims and their families. In truck accident cases, various damages may be available to compensate for these losses. Understanding the types of damages can help you assess the full extent of your case and pursue fair compensation.

Economic Damages

Economic damages are tangible and quantifiable losses that can be measured in monetary terms. They include:

• Medical Expenses: Compensation for all past and future medical bills related to the truck accident, such as hospitalization, surgeries, medications, rehabilitation, and ongoing medical care.
• Lost Wages: Reimbursement for the income you lost due to the injuries, including past and future earnings, sick leave, vacation days, or benefits.
• Property Damage: Compensation for repairing or replacing your damaged vehicle and any personal property inside the vehicle that was affected by the accident.
• Loss of Earning Capacity: If the injuries result in a permanent disability or impairment that reduces your living ability, you may be entitled to compensation for the loss of future income and earning capacity.

Non-Economic Damages

Non-economic damages are subjective losses that are challenging to quantify in monetary terms. They may include:

• Pain and Suffering: Compensation for the physical pain, emotional distress, and mental anguish caused by the truck accident and resulting injuries.
• Loss of Consortium: Damages awarded to the spouse or family members for the injured party's loss of companionship, love, and support.
• Loss of Enjoyment of Life: Compensation for losing the ability to engage in activities and experiences that were once enjoyed due to the injuries sustained in the truck accident.
• Punitive Damages: In some cases, punitive damages may be awarded in addition to economic and non-economic damages. Punitive damages punish the at-fault party for gross negligence, reckless behavior, or intentional wrongdoing and deter similar conduct in the future.

Each truck accident case is unique, and the types of damages you may be eligible to claim will depend on the specific circumstances of your situation. An experienced Daytona Beach truck accident lawyer at Politis & Matovina, P.A. can assess your case, calculate the full extent of your damages, and fight for fair compensation to help you recover and rebuild your life after the accident.

Understanding the spectrum of potential damages is pivotal for a practical legal approach. Clients should comprehend how economic and non-economic damages can influence rehabilitation and quality of life. Our firm provides comprehensive consultations so clients can make informed decisions that suit their recovery journeys.

What To Do After a Truck Accident in Daytona Beach

After a truck accident, prioritize your safety and well-being. If you are severely injured and unable to take immediate action, seek medical attention immediately. If possible, document the accident scene, take photos or videos of vehicle damage, and collect contact information from witnesses.

Report the accident to the police and obtain a copy of the accident report. Avoid discussing fault or admitting guilt with anyone, including insurance representatives, until you've consulted with a truck accident lawyer.

Taking these actions quickly can preserve vital evidence. Comprehensive incident documentation plays a critical role in building a strong case. Medical records acquired immediately after the accident bolster the legitimacy of injury claims, while police reports provide an official account of events. Proper legal guidance can streamline this process, ensuring no vital steps are omitted.

Why Hire Politis & Matovina, P.A.?

Hiring a truck accident attorney in Daytona Beach is essential to protect your rights and maximize your chances of receiving fair compensation. A skilled attorney can:

• Thoroughly investigate the accident to determine liability and gather evidence.
• Handle communication with the insurance companies on your behalf.
• Calculate the full extent of your damages, including medical expenses, lost wages, pain and suffering, and future medical needs.
• Negotiate with the at-fault parties and their insurance carriers for a fair settlement.
• Represent you in court if a trial becomes necessary.
• Provide personalized guidance and support throughout the legal process.

A truck accident lawyer in Daytona Beach can advocate for your best interests and ensure you receive the compensation you deserve for your injuries and losses.

The complexity of truck accident cases necessitates specialized legal knowledge. Hiring a dedicated lawyer equips clients with the capability to navigate intricate legal systems and disputes. Ultimately, this ensures a higher level of reassurance and focus on the medical recovery journey without the added stress of managing claims independently.

Local Factors & Truck Accidents in Daytona Beach

Daytona Beach is a hub for transportation, with several major highways, such as I-95 and I-4, running through the area. These highways are integral for local logistic routes and interstate travel, making them hotspots for truck traffic. The influx of tourists, especially during events like the Daytona 500, further increases traffic congestion, elevating the risk of collisions. Local weather conditions, like heavy rain or seasonal hurricanes, also significantly influence driving conditions and increase accident risks. Understanding these local factors is crucial for truck drivers and other road users to maintain safety and prevent accidents.

Local enforcement agencies work diligently to manage traffic and promote safety, but accidents are often unavoidable, given the traffic volume. This makes it essential for those involved in accidents to seek legal consultation to navigate the complexities of local laws and regulations. At Politis & Matovina, P.A., we offer extensive knowledge of regional road networks and accident trends, providing our clients with a comprehensive approach to dealing with accident-related challenges in Daytona Beach.

Contact Our Daytona Beach Truck Accident Attorney Today

If you have been injured in a truck accident, it is essential to take action as quickly as possible – there are key steps that can be taken immediately after your accident to strengthen your compensation case. Hire our Daytona Beach truck accident attorneys as quickly as possible; do not take on the insurance company alone. The right attorney can improve your chances of recovering the compensation you deserve for your losses.

Our Daytona Beach lawyers have successfully recovered compensation for countless victims of truck accidents, both through settlement and favorable verdicts. We have the experience, aggressive approach, and attention to detail you need to pursue justice for your injuries.

Immediate consultation services can increase the overall effectiveness and efficiency of navigating legal avenues post-accident. By choosing a firm with a strong history of favorable outcomes, clients can trust in proven strategies tailored to their unique circumstances, enhancing their potential for achieving a satisfactory resolution.

If you’ve been involved in a truck accident, our Daytona Beach truck accident attorneys are here to help. Contact us today to get a FREE consultation and start the process of securing the compensation you deserve.

FAQs About Truck Accidents in Daytona Beach

How Can I Prove Fault in a Truck Accident?

Proving fault in a truck accident can be complex due to the multiple parties that might be involved. Key evidence includes police reports, eyewitness testimonies, and electronic logging devices from the truck. Additionally, inspection and maintenance records may provide insight into the truck company's and driver's regulatory compliance. An experienced lawyer can subpoena necessary documents and gather critical evidence to establish fault. At Politis & Matovina, P.A., we leverage our expertise to thoroughly investigate each case, ensuring every avenue is explored to prove liability effectively.

How Long Does It Take to Resolve a Truck Accident Claim?

The timeline for resolving a truck accident claim varies significantly based on the case's complexity and the parties' willingness to settle. Some claims may be settled quickly if liability is straightforward and both parties agree on the terms. However, when complications arise, such as disputed facts or contentious negotiation stances, resolutions might extend into months or even years. Engaging a proficient lawyer from the beginning can significantly expedite the process while safeguarding your interests throughout negotiations or litigation.