Tampa Florida tractor trailer accidents occur periodically, what actions shall I take afterward?

 

If you are involved in an accident with a tractor trailer, contact an attorney to help you navigate through insurance claims you have to file, or if you need to file a lawsuit for non-covered expenses or severe personal injuries, they can help.

 

Insurance will most likely cover much of the expenses related to an accident under Florida’s no-fault law, but in cases where tractor trailers are involved, physical injuries tend to be more severe and can increase the costs related to medical and psychological treatments necessary for a full recovery.  In that case, a legal claim will need to be filed with the courts.  If someone is injured in Tampa Florida they have four years to file a legal claim, but if someone dies as a result, the time to file is within two years of the date of death in most cases, according to Florida Statutes section 95.11(4)(d).

What should I do immediately after a truck accident in Tampa Florida?

  1. If you are able, check on the condition of the people involved in the accident;
  2. Call the police or emergency responders if needed;
  3. Get a written accident report;
  4. Remain at the accident scene;
  5. Exchange driver and insurance information;
  6. Get witness contact information;
  7. Call your insurance company to set up a claim;
  8. Seek out medical treatment if necessary;
  9. Take pictures of the scene, and the vehicle damages;
  10. If the truck is a Commercial Vehicle, get State Trooper report.

Moving vehicles at the scene.

If you are in a collision and no one is hurt, don’t wait for the police before moving your vehicle. If you can drive the vehicle, the law requires you to move it out of the flow of traffic.

Police should be called.

Always call the police when an injury or fatality occurs, the vehicle cannot move, a driver has no insurance, a driver leaves the scene, or a driver is operating vehicle under the influence.

Insurance coverage.

Florida Statute 627.7415 requires that motor vehicles have current auto insurance coverage with a minimum requirement of $10,000 in personal injury protection (PIP) and $10,000 in property damage liability (PDL).  Certain trucks and commercial vehicles in the State of Florida must carry bodily injury liability protection against claims for personal injuries for victims of a truck accident. The extra insurance is necessary when a truck is of a certain gross weight; has three or more axels, owned or driven by a governmental entity, is used for interstate versus intrastate travel and carries a load that may be considered hazardous.

Fault.

When a truck driver is found to be at fault for the accident, a separate legal claim can be lodged for more serious personal injuries and losses.  Critical reasons truck drivers have been proven at fault include: driver incapacitated due to heart attack, seizure, falling asleep or another physical impairment; driving under the influence, driver distraction; reckless driver; and poor driver performance.

Hire a lawyer.

Contact an experienced Florida attorney at Larson Johnson Trial Attorneys to help you determine the exact statute of limitations expiration date for an injury or wrongful death, the value assessed for damages and the assignment of fault after a truck accident in Tampa, Florida.

Larson Johnson, P.L.

Tampa Office
2011 West Cleveland Street
Tampa, Florida 33606
Phone: 813-228-6688
Fax: 813-228-6699

Sources:

http://www.flsenate.gov/Laws/Statutes/2011/627.7415

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/Sections/0095.11.html

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.21.html

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