What should Tampa Florida big-rig accident victims do to secure comprehensive damages?
Florida – June 28, 2022
Immediate post-truck accident actions may benefit accident victims who are trying to recover damage compensation for personal injury and property damages. 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, depending upon a negligent party’s insurance coverages, a legal claim may need to be filed with the courts.
Filing time limitations.
Injured truck accident victims in Tampa Florida have four years to file a legal claim, unless someone dies as a result, reducing the time to file to two years from the date of death in most cases, according to Florida Statutes section 95.11(4)(d). Accident victims may wonder “Where can I find attorneys near me?” to assist with guidance and necessary actions for timely access to insurance funds to pay for harms caused by the truck accident in Tampa.
Post truck-accident actions that may benefit case building.
- Victims should check on the condition of the people involved in the accident,
- Call the police or emergency responders if needed,
- Get a written accident report,
- Remain at the accident scene,
- Exchange driver and insurance information,
- Collect witness contact information,
- Call insurance company to set up a claim,
- Seek out medical treatment for evaluation of invisible injuries,
- Take pictures of the scene, and the vehicle damages,
- If the truck is a Commercial Vehicle, get State Trooper report.
Accident scene conditions.
After a tractor trailer collision where no one is hurt, accident parties should not wait for the police before moving vehicles out of harm’s way if possible. When a vehicle is mechanically worthy of operating, the law requires victims to move it out of the flow of traffic. 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 a vehicle under the influence or acting in an unsafe manner to those around them.
Florida Statute 627.7415 requires that 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.
A Tampa truck accident lawyer can advise on actions to take when a truck driver is found to be at fault for the accident. 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. Florida accident lawyers are skilled at identifying additional parties to an accident claim, separate from the truck driver, including trucking companies, mechanics, or manufacturers of a truck and/or parts, and understand the trucking industry and relevant regulatory laws. They can determine the best legal approach to individual cases such as mediation, arbitration or going to trial.
Contact a Tampa area accident attorney.
Attorney Edward J. Reyes is an experienced legal professional in the Tampa area and can be instrumental in truck accident insurance claims and legal action. Attorneys will objectively speak on a victim’s behalf in a courtroom, or against an insurance company’s legal team, yielding a swift and fair monetary settlement to address the financial and personal losses caused by another’s negligent actions.
Law Office of Edward J. Reyes, P.A.
3302 North Tampa Street
Tampa FL 33603
Email: [email protected]
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