Truck accidents are an unfortunately common occurrence on Florida’s roads and highways. In 2023, the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) recorded 47,197 crashes involving at least one commercial motor vehicle (CMV). These accidents caused 12,394 injuries and 330 fatalities.
A single truck crash can have devastating consequences. Collisions, rollovers, and jackknifing incidents involving semi-trucks often leave the drivers and passengers of smaller vehicles severely injured. Determining who’s responsible for these crashes can be difficult, especially when you’re too injured to gather evidence at the scene.
If you were hurt in a truck crash, staying calm and taking the proper steps is critical to identifying the at-fault parties and protecting your claim.
A Miami truck accident lawyer can explain your legal options, provide guidance, and help you build a strong case for the compensation you deserve.
1. Get to Safety and Call for Help
Your top priority after any crash should be to protect your health and that of other occupants in your vehicle. Immediately after the impact, check yourself and your passengers for injuries.
When crashes result in injury, Florida law requires all involved drivers to stay at the scene until police arrive to file an accident report. However, the law also states that the involved vehicles should not unnecessarily obstruct traffic. For this reason, you should move your vehicle to the shoulder of the road or a nearby parking lot if:
- It’s safe to do so.
- Your vehicle is in drivable condition or can be reasonably moved.
- Moving your vehicle would not worsen anybody’s injuries.
Then, dial 911 to call for help. Request medical assistance and report the crash to the police.
2. Seek Medical Attention
Truck accidents can cause many kinds of injuries; not all are visible or immediately obvious. Don’t take a lack of pain or visible wounds as evidence you aren’t injured; many symptoms can take several hours, or even days, to start showing. Examples include whiplash, concussion, and internal organ damage.
When the paramedics arrive on the scene, accept any treatment or first aid they give you and follow their recommendations.
For example, even if you are cleared to go home, they may recommend you follow up with a doctor or the ER if you experience pain or injury symptoms later. If you are more seriously injured, let them provide care or transport you to a hospital.
3. Document the Scene Thoroughly
Gathering evidence about the accident is one of the most critical steps in building a case against the parties responsible for your injuries. If you are physically and safely able to do so, collect as much of the following as you can:
- Photos of the Accident Scene: Take pictures of the road conditions, any debris, spilled cargo, or skid marks, and of all vehicles involved. Document vehicles’ makes and models, license plates, and all evidence of damage as well.
- Information on the Truck: Take photos of the truck so you can document the company’s name and logo, the truck’s USDOT number, and any visible damage or mechanical issues, like blown tires or leaking fluids. Florida law also allows you to see the driver’s licenses of all involved parties, including the truck driver’s commercial driver’s license (CDL), to take down their information.
- Evidence of Your Injuries: Gather photos of your injuries immediately after the accident as well as of any later developing symptoms, such as bruising or swelling. When you follow up at a doctor’s office, ER, or hospital, keep copies of your medical records, bills, receipts, and other notes from medical specialists.
- Witness Statements: If you can, speak with accident witnesses and ask politely for permission to exchange information and record or write down their statements. Even a brief account can help support your case or clarify what happened.
4. Do Not Admit Fault or Sign Anything
After an accident, the trucking company’s insurers will likely try to contact you to discuss what happened and make a compensation offer. While they may sound helpful and cooperative, they work for the trucking company’s interests, not yours.
Follow these tips to protect your rights:
- Say As Little As Possible: You are not required to give insurance adjusters a statement; you should refuse if they ask to record your statements. They will use anything you say now to try and reduce or deny your payout later.
- Avoid Admissions of Fault: Even well-meaning statements like “I’m sorry for what happened” or “I didn’t see the truck” can be interpreted as guilt or an admission of responsibility.
- Don’t Sign Any Offers: The insurance provider may offer a quick settlement or request that you sign a release. Don’t sign or agree to anything; they are often lowball offers that don’t cover all your damages and with a clause that waives your right to sue later.
5. Speak With a Truck Accident Lawyer
You should contact a skilled Miami truck accident lawyer as soon as possible to handle your case. Our team has the experience, skills, and resources to help you with all of the following:
Identifying the Responsible Parties: Truck accident cases in Florida are often complex and can involve different parties, from truck drivers to their employers, insurers, cargo owners, and government entities. A skilled truck accident attorney can review the facts and identify who can be held liable for your injuries.
Obtaining Evidence for Your Case: Many truck accidents can cause severe injuries that leave victims incapacitated, making it impossible for you to collect evidence at the scene yourself. Your lawyer can help you recover evidence for you, including crash scene photos and medical records.
They can also contact nearby businesses for surveillance camera or dashcam footage, demand electronic logging device (ELD) data from the trucking company, and hire experts and accident reconstruction specialists to strengthen your case.
Negotiating on Your Behalf: Your truck accident lawyer can speak to the trucking company’s insurance representative and review any deals or agreements they offer. They can also help you avoid common pitfalls or statements that could put your rightfully owed compensation at risk.
Reach Out To a Miami Truck Accident Lawyer Today
The Miami truck accident lawyers at Aigen Injury Law are ready to represent you after a truck accident. We have the skills and experience to help you hold all responsible parties liable and build a strong case, from obtaining evidence to negotiating and arguing your case in a court of law.
Contact us for a free case review to learn how we can help you recover the compensation you deserve.