The law firm of Kogan & DiSalvo understands that dealing with truck wreck cases is very different from the traditional auto accident. Large trucks (ranging from multi-passenger vehicles to commercial motor vehicles and tractor-trailers) are susceptible to different types of crashes under varying circumstances than the regular automobile.
For example, due to a higher center of gravity, large trucks have greater risk of flipping; the hitches create the opportunity to jackknife; tire blow-outs create a potentially deadly environment for other drivers; the loads are often hazardous materials, and most importantly, the sheer size, weight and momentum of these large trucks greatly diminishes the driver’s ability to react and respond quickly.
These factors coupled with a moment of distraction or careless and negligent driving cause devastating and sometimes fatal truck wrecks on Florida roadways every single day. If you have been injured or suffered the loss of a loved one because of a serious truck accident, you need a trusted legal advocate to protect your rights.
Tractor trailer and 18-wheeler accident cases are inherently complex to litigate. Given the incapacitating injuries that typically result, these claims are best navigated by a skilled Fort Lauderdale truck accident attorney at Kogan & DiSalvo. Members of the prestigious Multi-Million Dollar Advocates Forum, our legal team knows how to maximize your legal recovery. We are proud to provide dedicated personal injury representation to truck accident victims throughout Ft. Lauderdale and all of Broward County.
The drivers of large Commercial Motor Vehicles (CMVs) are required by law to earn and maintain a Commercial Driver’s License (CDL). There are rules regulating the maximum number of hours a driver can operate a CMV before mandatory rest periods. “Hours of service” are mandated by the Federal Motor Carrier Safety Administration (FMCSA) to help ensure that truck drivers remain alert, yet these rules are often ignored to meet demanding and unrealistic deadlines. Excessive fatigue is responsible for thousands of preventable truck accidents every year.
Besides drowsy driving, the following are the common causes of truck accidents in Fort Lauderdale:
Additionally, commercial trucks have significant blind spots — known as “No Zones” — that passenger automobiles do not have. These blind spots can prove incredibly dangerous during lane changes, turns, or merges on busy freeways. While motorists should avoid lingering in these No Zones, there are incidents where truck drivers may be at fault for blind spot collisions.
The sooner you hire a Fort Lauderdale truck accident lawyer, the faster we can begin investigating the cause of the collision to determine responsible parties.
HOS regulations apply to drivers who operate any type of commercial motor vehicle in the United States, which is defined as:
Many of today’s newer trucks are equipped with electronic logging devices (ELDs) that can track a driver’s hours of service, which are stipulated by the FMSCA:
In accidents where the trucker has violated Hours of Service rules, they – along with their employer and other potential defendants – may be on the hook for any personal injuries and property damage. Electronic logging devices have made it more difficult to evade Hours of Service regulations without detection and legal consequences.
Large commercial trucks were involved in more than 27,000 traffic accidents in the Sunshine State in 2020, according to the Florida Highway Safety & Motor Vehicles (FLHSMV). These crashes resulted in nearly 1,300 injuries and 29 fatalities. Data compiled by the Florida Department of Transportation indicates that serious accidents involving tractor-trailers and other heavy trucks are on the rise. The shortage of qualified drivers coupled with supply chain issues is one of the biggest reasons for this surge.
Data from the Florida Department of Highway Safety and Motor Vehicles shows that Broward County had 34,050 motor vehicle accidents last year, resulting in 268 fatalities. More than 18,000 of these crashes produced serious injuries, and a significant number involved medium to heavy trucks, including semis and 18-wheelers.
The “Large Truck Crash for Freight Mobility and Safety Enhancement in Florida” study was performed to glean a better understanding of the contributing factors and patterns of truck accidents in Florida. Published in 2019, the statewide crash report analyzed data from 2007 to 2016, and came away with these salient points:
Inexperienced and overworked truck drivers aren’t always equipped to safely operate their vehicles, which can weigh more than 40 tons fully loaded. If you or a loved one were injured in accident with a commercial truck, it’s imperative to seek qualified legal representation.
When an 80,000-pound semi collides with a 3,500-pound passenger vehicle, the injuries are often catastrophic. Unsurprisingly, it is the drivers and occupants of smaller automobiles that suffer the worst.
Fort Lauderdale truck accident victims can sustain debilitating harm that requires lengthy hospital stays, surgery, and rehabilitation. In some cases, victims are unable to return to their employment because of permanent disability.
The following includes some of the more prevalent truck accident injuries.
Your actions after a truck wreck in Fort Lauderdale can have a significant impact on later insurance claims or litigation. Protect your rights by following these steps after a collision with a large truck:
One major difference between truck accident cases and traditional auto accident claims is that with truck accidents, there may be multiple liable parties.
Potential defendants in 18-wheeler accident claims may include:
To identify at-fault parties and all defendants in your claim, you should consult with a personal injury attorney in Fort Lauderdale who is well-versed in winning 18-wheeler and commercial vehicle accident lawsuits. Our truck accident lawyers can level the playing field, and fight insurance companies that try to dispute liability or minimize settlement payouts.
When you retain an attorney at Kogan & DiSalvo, we start immediate investigations to build an effective claim for compensation. Our legal team and support staff work tirelessly to collect compelling evidence that supports your allegations and proves the defendant’s negligence. We are able to pinpoint at-fault parties and establish liability through the following:
In the wake of a crash with a big rig, do not make any statements or sign documents without first consulting a truck accident lawyer at Kogan & DiSalvo.
Heavy commercial trucks account for more than 13 percent of all deadly accidents on U.S. roadways. There are many types of truck accident claims we litigate in Broward County, but these are some of the most common:
Whether your vehicle was struck on the I-595, or you were caught in a wide turn accident, the law provides recourse for victims of negligence. Our truck accident attorneys are focused on helping Fort Lauderdale residents whose lives have been undermined by catastrophic injuries.
In Florida, claimants can seek both economic and non-economic damages in a truck accident claim. Economic damages are measurable losses that are easily calculated, such as:
Non-economic damages are more subjective in nature and therefore difficult to quantify. Our attorneys work with industry experts to put an accurate dollar figure on these less tangible losses that have just as much impact on a victim’s future quality of life.
The value of non-economic damages will take into account the type and severity of the victim’s injuries, the impact on their day-to-day life and ability to partake in routine activities, their recovery timeline, and if they suffered permanent disabilities.
When a truck accident causes loss of life, the family can file a wrongful death claim to recover compensation for funeral and burial costs, loss of financial support, and the suffering that stems from losing a close relative or loved one.
Florida Statute § 95.11(3) gives personal injury victims four years to file a lawsuit after a motor vehicle accident. Because of this statute of limitations, it’s important to seek qualified legal counsel as soon as possible after a truck accident, so that investigations can be initiated and vital evidence preserved. Any legal actions brought after the statute has expired will be dismissed by the courts, barring you from seeking any type of financial recovery. The statute is subject to reduction in certain circumstances.
If you were involved in a truck accident anywhere in Broward County or Southeast Florida, call the personal injury law firm of Kogan & DiSalvo for a free consultation. We can determine if your case has merit, determine liable parties, and pursue maximum monetary damages for your losses. Since we handle these claims on a contingency-fee basis, our attorneys only get paid if compensation is procured. Reach out today for a no-risk, complimentary case evaluation.
If you are injured and unable to come to us,
our attorney will come to you - there is no charge for us to do so.