Nearly a half-million
large trucks (tractor-trailers or "semis") are
involved in traffic accidents in the United States each
year. About 5,000 of these result in fatalities. One of
every eight traffic fatalities is caused by a collision
with a large truck, and most of the deaths are the
drivers or passengers of the automobiles. Drivers
of trucks typically remain uninjured.
A serious truck
accident requires a serious truck accident lawyer.
Martinez, Manglardi, Diez-Arguelles & Tejedor, P.A. is a statewide litigation firm
committed to protecting the safety of Florida’s
families since 1988. We have
recovered more than $100 million in verdicts and
settlements for our clients over the past 15 years. Insurance companies
know of our strong trial record, and that we can fully fund even the most complex truck accident
case.
Trucking litigation involves claims against negligent
truck drivers and the companies who hire them. Under the
law, a driver of a large truck is considered to have an
even greater standard of care than other drivers,
because of the injuries that their large trucks can
cause. A trucker's negligence can lead to the most
catastrophic injuries on the road.
The National Highway
Traffic Safety Administration (NHTSA) sponsored a study
that concluded approximately twice as many car drivers
would die in collisions with light trucks than in
similar collisions involving cars of the same weight as
the light truck. For the same reasons, occupants of
passenger cars and light trucks have much higher
fatality rates than occupants of large trucks and buses.
Examples of truck
negligence generally fall into two categories: driver
error and vehicle maintenance failure. The most common
cause of driver error is fatigue, which can cause
clouded judgment, drowsiness, and falling asleep at the
wheel. Driver error can also be due to inexperience,
improper driver training and driving under the influence
of alcohol or drugs (whether prescription or illegal).
Deregulation of the trucking industry has resulted in an
increase in speed-limit violations among tractor-trailer
drivers as well.
Because truck accident lawsuits
are more complex than other vehicle accidents
for several reasons, it is best to
contact our attorneys
immediately, because we will look out for your best
interests. The difficulty of these cases is largely due
to the following factors:
- Trucking
companies and insurance adjusters realize the
potential for major lawsuits when a truck accident
is involved, so immediately following an accident,
they quickly gather evidence and experts so that
they can immediately begin to prepare their case.
- Determining
the defendant can be extremely difficult and
complex, as follows:
- Driver
Fatigue - this would
likely be the driver’s fault.
- Overloaded
Freight – this would
likely cause the company the driver works for to
be involved in the lawsuit.
- Excessive
Speed – this could
cause the driver and the company to be listed as
co-defendants, if strict and unreasonable
deadlines were set on the driver.
- Equipment
Malfunction – this
could cause the manufacturers to be defendants.
- Defective
Tires – this could
also cause a tire manufacturer or distributor to
be named as a defendant.
- Failure
to Follow State and Federal Regulations
– this would normally name the company and
driver to be co-defendants.
If you or someone you know has been seriously
injured in a truck accident, call our Orlando office
at (407) 381-4123, or our Kissimmee office at (407)
846-2240. One of our lawyers will promptly be in
touch with you, and give you all the help you need.
Martinez, Manglardi, Diez-Arguelles & Tejedor, P.A. will help
you through this difficult litigation and seek
financial compensation for your losses. Lawyers,
judges and clients recognize our firm as one of the
top civil trial firms in Central Florida. Call us if you
have been in an accident involving a truck, or use
our online form.
