Big truck accidents are one of the most fatal types of accidents on Florida highways today. The Federal Motor Carrier Safety Administration reported almost 80,000 trucking accidents in 2012. There are many causes for the high percentage of trucking accidents in our state. Sometimes weather like hurricanes and flooding, or poor road conditions can cause problems.
Dense traffic due to high population centers and influx of tourists, vehicle malfunction, and yes, sometimes driver negligence such as an operator driving drowsy can be a cause as well.
Any accident will result in its own share of problems. Some are severe enough to leave the victim in dire financial straits, with no vehicle, in the hospital or (unfortunately) lose their life. Often when someone is unfortunate enough to be in an accident with a big truck, one of the first questions is “Can I get money for my pain, suffering, mental anguish, and inconvenience?” There is no clear cut answer to this question. This may explain what we mean by this.
When any claim of tort is brought against an owner, operator, or occupants of another vehicle or any person in that organization, if they are shown to be legally responsible by their actions or omission of acts for an injured person’s pain, suffering, mental anguish, and inconveniences, then yes, you could collect damages. There are also other types of damages that you may be due as well. In a case of this type, the jury will consider several things.
- Is there Significant and permanent loss of an important bodily function? This could be loss of a limb, and eye, paralyzation, loss of dexterity or anything else that causes a permanent change in how you must live and function.
- Is there a serious bodily injury besides scarring or other physical disfigurement? Not all injuries are visible to the naked eye. Perhaps there is permanent brain damage, internal damage, or nerve damage that disrupts your quality of life.
- Have you suffered permanent scarring or disfigurement? This can be a very traumatic event for many people. Disfigurement can affect your life on many levels.
- Was there a death as a result of the accident? This is the worst scenario possible. Often a death causes mental anguish for the survivors, and in some cases, great financial hardship.
These are known as the threshold injury (tort threshold) and you must meet or exceed at least one of these things to be considered for damages.
If you feel that any of these situations apply to you, act quickly! Gather all your information; accident reports, witness statements, police findings, any contact information you have along with any medical reports. Also include any bills for transportation, rental cars, hospital, medicines, or other expenses caused by the accident. You should then contact a reputable lawyer immediately.
Choose a truck accident lawyer with experience in the accident field, one with a proven track record that is respected by their peers, and remember – you should never have to pay anything unless you win your case.