Florida Truck Crash Lawyers
The North Tampa truck accident attorneys at Holliday Karatinos Law Firm, PLLC provide seasoned, knowledgeable legal representation to victims of tractor-trailer collisions. With over five decades of collective legal experience, our lawyers have handled a broad range of personal injury cases, including truck crashes caused by swinging turns. We are committed to providing each client with thorough and effective legal advocacy in their truck accident case. Please contact us if you were injured in a collision with an 18-wheeler.
Turns can be particularly challenging for a truck driver to execute. A swinging turn occurs when a truck occupies an additional lane of traffic in order to make a turn. For example, if a truck driver needs to turn right, he or she will need to swing the truck into the left lane of traffic to complete the turn. This can be difficult for a driver, particularly given a truck’s immense size, weight, and load. If a driver is unable to turn safely, the truck can tip over or swing into oncoming traffic, pedestrians, or potentially crush a smaller vehicle between it and the sidewalk or other structure.
Truck drivers must undergo adequate training, which includes learning to make safe swinging and wide turns. Trucks have large blind spots, which makes the execution of a swinging turn even more challenging. A driver who lacks the proper training or otherwise fails to properly complete a turn can cause serious injuries to others.
Swinging Turns and Truck Accident Liability
You may hold a truck driver liable if you were hurt by a truck’s swinging turn. As a plaintiff in a Florida personal injury claim, you must establish the defendant’s liability to hold him or her accountable. Negligence can form the basis of liability in your claim.
Negligence is the failure to exercise care in the same way another individual would under similar circumstances. Negligence requires that a plaintiff show four elements: duty, breach of duty, causation, and damages. In Florida, all motorists are required to exercise care when they drive. Truck drivers in particular must be properly trained and licensed before they can drive a truck. Federal and state laws also require that a driver take rest breaks. Further, these standards ban overloading or improperly securing loads on trucks.
A plaintiff can prove a truck driver’s negligence if the driver breached his or her duty of care by some action or inaction. For example, a truck driver may have failed to properly execute a swinging turn because the driver did not receive the proper training. An overloaded truck could also prevent a driver from safely executing a swinging turn. A plaintiff would have to prove that the driver’s breach caused their injuries to hold the driver accountable.
In addition to the truck driver, a plaintiff may also have a claim against the driver’s employer. An employer is vicariously liable for an employee’s negligence if the negligent act occurred within the employee’s scope of work and to further the employer’s interests. There are also several federal and state regulations that apply to trucking companies. If an employer violated a federal or state law, it may be held directly liable for its negligence.
Truck accidents may have more than one cause, and obtaining evidence is crucial to establish a victim’s case and determine the parties that may be responsible for the crash. If evidence is lost or destroyed, a plaintiff’s case may suffer irretrievable damage. Courts in Florida will impose sanctions on a party that ruins, or spoils, evidence. An experienced truck accident lawyer can help you obtain evidence from trucking companies and other potential defendants to limit the risk of spoliation.
A truck accident victim may recover damages that include lost wages, medical and hospital bills, and pain and suffering. If a victim died in a swinging turn truck crash, certain relatives may recover damages by filing a wrongful death suit. Florida requires that a potential personal injury plaintiff file a suit within four years from the accident, or two years in wrongful death actions.
Truck Accident Representation
At Holliday Karatinos Law Firm, PLLC, our Spring Hill 18-wheeler accident lawyers are committed to helping crash victims and their families obtain compensation for their injuries. As a boutique firm, we provide clients with personalized client service and dedicated representation in their truck accident case. We have the legal experience and financial capability to represent victims in complex truck crash cases. Please call us at (866) 597-0009 or complete our online form to schedule a free consultation today.