Colliding with a commercial truck can often result in serious injuries, but your chances of experiencing catastrophic and deadly harm increase if you’re in an underride accident. These accidents are dangerous, and establishing liability can be difficult because there may be multiple parties involved.
If you have been in one of these crashes, hiring a Florida underride truck accident lawyer can mean having a chance to recover your losses. At Shaked Law Firm, P.A., our team of Florida truck accident lawyers can help you fight for the compensation you deserve. Contact our law office to schedule your free consultation today at (305) 937-0191.
How Shaked Law Firm, P.A. Can Help After a Truck Underride Accident in Florida
After being in a truck accident, you may find yourself with piles of medical bills that you have no way of paying, as well as an inability to go to work while you recover. If your injuries are severe and you were not the person most at fault for the collision, you may be able to file a claim against the other party. To do so, you will need assistance from experienced lawyers.
Our Florida personal injury attorneys have more than 100 years of combined experience and have recovered hundreds of millions of dollars for clients like you. We are ready to guide you through the legal process and make your recovery as smooth as possible.
At Shaked Law Firm, P.A., our team of Florida underride truck accident attorneys can help by:
- Evaluating your claim to see if we can help
- Investigating the truck accident
- Gathering evidence, including witness testimonies
- Establishing liability and your right to file against the other party
- Communicating and negotiating with insurance companies
- Litigating if achieving a settlement isn’t possible
We have decades of experience helping people who have suffered because of the conduct of others. We can guide you through the complexities of a claim and fight for compensation that can cover your losses. Call our team to schedule a free consultation.
What Is an Underride Truck Accident?
There are two main types of underride truck accidents, and they can both result in serious injuries. Perhaps the most common is the type that occurs in the same way that a rear-end collision does. If a truck in front of you suddenly stops, you may not have enough time to react. This can lead your vehicle to slide underneath. The truck will crush your car.
The other type of underride truck accident occurs from the side. This can happen if a truck driver makes a turn or swerves into your lane without realizing there is another vehicle present. If you don’t have time to move away from the truck, you could be trapped beneath it.
Who Is Liable in an Underride Truck Accident?
Although Florida is a no-fault state and allows you to file claims against your own personal injury protection insurance without needing to prove fault, your insurance may not be able to cover all of the expenses associated with serious injuries. If that’s the case, you can file against the other party, but you’ll need to establish that they were responsible for the crash.
Most of the time, truckers are at fault for underride accidents. If they’re distracted, intoxicated, or driving recklessly, they can make maneuvers that put you and others at risk. Lack of training and inexperience could also be an issue, and that would mean involving the trucking company in the claim.
Under the doctrine of vicarious liability, a trucking company can be held responsible for what its employees do. Additionally, if it was negligent in its hiring practices by not checking backgrounds or allowing inexperienced people behind the wheel, it can be further responsible.
If the truck malfunctions, then there may also be multiple liable parties. The manufacturer may be to blame if it fitted the truck with faulty parts, but maintenance teams could also be responsible. That’s the case if they didn’t check the truck before allowing it on the road, and the underride accident occurred because of a preventable malfunction.
In some instances, you may be partly to blame. If the truck stopped abruptly, but you were following too closely, a catastrophic accident could occur. Florida follows modified comparative negligence laws, which allow you to be up to 50% at fault for the accident. If you are apportioned more than that, you won’t be able to recover losses.
Contact Our Florida Underride Truck Accident Lawyers for a Free Consultation
Being in such a serious collision as an underride truck accident is devastating. You may experience significant losses, so pursuing a claim against the negligent party is probably the right option. Because of how complex claims can be when dealing with commercial trucks, you need to have an experienced attorney by your side.
At Shaked Law Firm, P.A., our team of Florida underride truck accident attorneys provides the assistance you need after being in an accident. Contact us to speak with a dedicated attorney.