Motor vehicle accidents are an all too common hazard of driving.  The crowded Florida highways are a probable reason why the state makes the list of those with higher numbers of truck accidents.  Cocoa, Florida is located in Brevard County where traffic is increased with transporter truck “through” traffic and local tourist traffic which are significant factors to accidents involving trucks.  The United States Department of Transportation Traffic Safety Administration announced in October 2018 that 2017 highway fatality numbers are down compared to the two years prior, but still estimates over 500,000 truck accidents every year with approximately 500 fatalities, of which 81% occur in multi-vehicle crash situations. Every 16 minutes a person is injured or killed from a truck accident.  Most of the time the truck accident is caused by a passenger vehicle and approximately 16% of the time the fault falls with the driver of the truck.  Florida is among the states reported to have the higher number of truck accidents with most of those accidents occurring in rural areas, day time accidents happen about 68% of the time contrasted with 78% on weekends.

Trucks fall into two classes, those weighing 10,000 pounds or less, and those weighing more than 10,000 pounds which may move them to the Commercial Motor Vehicle category and change some of the laws and damages to be sought after in personal injury situations.

Who do I contact if I am involved in a truck accident in Brevard County?

If you are in an accident in Brevard County, Florida, you should:

  1. 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;
  11. Call an accident attorney to determine “fault” and actions toward a proceeding to address damages and injuries sustained.  In certain situations, if an attorney believes you have a substantial case, they may take your case on contingency whereby you will not have to come up with funds to pay them up front.  The performance of the legal counsel in this case will have to do with the award and damages received from the court, upon which the payment to them will be accounted for.

Hiring a legal profession to assist with the burden of collecting and analyzing the data related to the above list is a viable solution to this overwhelming task if you are an accident victim.  Accidents may be caused by one driver, several drivers, road conditions, weather, natural or other causes.  Determining the percentage of fault is a matter for those who have reviewed police reports, witness reports, car damages, roadway marks and other factors present at the time of the accident.

This brings us to “Fault” as it pertains to injuries and damages.  Florida Motorist Compliance mandates that all owned and registered motor vehicles are insured.  The reason for this is to make sure people involved in automobile accidents can be compensated for their injuries and damages.

If a truck falls in the Commercial Motor Vehicle Category, additional reports will have to be completed and filed along with a crash report that should be filed with the Bureau of Motorist Compliance and indicate the type of moving violation charged. Proceedings toward a final judgment in the county court where the accident occurred should be undertaken and a final judgment filed with the Bureau as well.  If the party at fault in the accident had property damage and personal injury protection insurance but did not have bodily harm coverage and you were injured and had damages, the judgment will be enforced for the injuries you sustained and the party at fault in this case will have their license suspended.  In the case where the party at fault had no insurance at all, their license, tags, and registrations will be suspended for 20 years or until the judgment from the court proceeding has been satisfied.

Seeking effective legal counsel who have experience in truck accident cases is in your best interests to get the proper attention to your case, and damages to your individual situation.  Please contact The Templeton Law Firm for a free consultation regarding your claim.

Sources:

https://www.floridatoday.com/story/news/2018/12/20/crashes-cocoa/2373620002/

https://flhsmv.gov/pdf/crashreports/crash_facts_2017.pdf

https://www.nhtsa.gov/press-releases/us-dot-announces-2017-roadway-fatalities-down