A Trucking Accident Can Be Serious & Complicated

The large Mac Truck hauling freight down the highway is a common sight for most Americans, and Florida is no exception. Florida’s position is both as a tourist destination, as well as a major port of call for ships looking to bring in cargo to the southeastern United States. So it’s no surprise to any Florida resident to see fleets of trucks making their way into and out of various towns and cities to deliver the goods we rely on. Everything from the food we buy at the grocer to the latest 4K HDTV is carried on trucks around the state.

However, that also means that when things go wrong with a truck, especially an accident, things can get very serious. It can also mean that if you’re thinking of taking legal action due to an injury for which the truck driver is at fault, this can often be a far more complex undertaking than against another driver in a car.

The Injury Factor

On the physics side of things, a truck is bigger and heavier than a typical automobile. But when that huge mass is amplified by the addition of even more cargo, often adding literal tons to the weight, and then moving at high speeds, any impact with this type of vehicle on the road is going to cause significant damage. Simply put, in a confrontation between a car and a truck, the truck will always win.

This also means that unless a person in an automobile is lucky and experiences only a glancing blow, such as a side-swipe, any direct impact will be devastating to the vehicle and the people inside. This is why in collisions involving trucks, the truck driver tends to be unharmed, while the occupants of a car tend to be severely injured, or even dead.

In addition, it’s not just the impact from the truck itself that is capable of causing injury. Depending on the type of cargo being carried, the freight a truck is carrying may be exposed to the elements. If that freight is not properly secured, it can sometimes disperse on the road, causing serious injuries to any drivers behind the truck who are unlikely to dodge stray cargo in time.

The Legal Factor

The other consideration with taking legal action in a trucking accident is that it may not be clear where a lawsuit should be directed. In cases of one car hitting another, it’s quite simple; if the other driver is at fault, he or she is sued. With a trucking accident, many other parties may be responsible.

If a truck driver is drunk, is driving distracted or drowsy, then this may still be a clear case of the driver being at fault. But if an accident occurs because a truck’s tire blows or the cargo wasn’t properly secured, that may not be the fault of the driver. That could be an issue with the owners of the truck itself not properly maintaining the vehicle, or the facility packing the cargo not securing it properly. So there may be other parties involved aside from a truck driver that would be engaged with in a lawsuit, and if that’s the case, these may be big, well-established businesses with their own arsenal of lawyers ready to defend against this type of legal action.

This is one of the reasons why some lawyers make a distinction between a typical car accident with another vehicle and a trucking accident. The scope of the injuries involved, and the possible legal complexities of assigning fault and then successfully litigating require a specialist lawyer for truck accidents.


Client Testimonials

Attorney David Goldman has been exceptional in the process of helping me through the case. He has always been easy to reach, whether by phone or email, and has thorough knowledge and explains clearly in depth so you feel safe and confident in your lawyer

I used Michael Babboni and his paralegal, Nicole Moore for a legal matter. They went above and beyond my expectations. During the entire process there was constant communication with both Michael and Nicole. They were extremely organized and on top of my case, which I am very grateful for. Michael truly had my best interests at heart and he was very genuine. I plan on referring Michael to all family and friends and will continue to use him in the future.

I dealt most with Mr. Fernandez. I didn’t know a lot about this process. He took the time to speak with me individually, in person, to explain everything. It was very helpful to actually know and understand the process and what to expect. He closed my case quickly, which was nice that it was not prolonged! I appreciated his hard work and getting me what I felt I deserved after my car accident. I highly recommend him to anyone who needs an honest and reliable lawyer to assist you with your case!

I hired Mr. Walsh after an automobile accident this past March. He and his entire staff were extremely professional. They kept me informed every step of the way and settled my case in a timely manner. Thank you so much for your help.


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