Truck Accident Attorney in Jacksonville
501 Riverside Ave, Suite 1200
Jacksonville, FL 32202
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Jacksonville Truck Accidents
Truck accident lawsuits present certain complications, and should only be handled by an attorney with experience handling these types of claims. The intricacies of Florida state and federal laws, as well as the number of potentially liable parties in an accident, can be overwhelming, especially for an inexperienced attorney.
At Morgan & Morgan's Jacksonville office, our lawyers have years of experience handling truck accident cases and understand the steps that need to be taken to ensure our clients recover compensation for their losses. We have access to essential resources, such as expert witnesses and accident re-constructionists, and a thorough understanding of the laws and regulations which may apply to our clients' claims.
Have you been injured or lost a loved one in a truck accident? If so, you may be entitled to compensation for your losses. To find out more about how our Jacksonville truck accident attorneys can assist truck accident victims, complete our free case review formtoday.
How Can a Jacksonville Truck Accident Attorney Help?
Following an accident, the truck company or owner’s insurer will immediately launch an investigation to collect evidence in an effort to limit their liability for the crash. Insurance adjusters will arrive on the scene soon after the accident to conduct this investigation and build a defense against potential lawsuits.
Retaining an attorney to launch a thorough, independent investigation on your behalf may be vital to recovering the compensation you deserve. During this investigation, your attorney may collect evidence by reviewing accident reports and photographs, interviewing witnesses, investigating the trucking company and driver, examining truck maintenance reports, or re-creating the accident with the assistance of experts.
In addition, your attorney may negotiate with the insurance company to help ensure you do not accept an inadequate settlement offer. If negotiations prove to be unsuccessful, your attorney may choose to file a lawsuit for damages against the party negligent in causing the crash.
Finding the right attorney is important, and the compensation you recover may depend on your attorney’s abilities, knowledge of the law, and experience. Morgan & Morgan’s Jacksonville truck accident attorneys have well-honed investigatory skills, access to special experts, and an extensive knowledge of applicable laws and regulations. We have established a successful history of recovering compensation for our clients in the wake of a significant truck accident injury or death.
Truck Accident Lawsuits
Negligence: Most truck accident lawsuits are pursued on the theory that another’s behavior resulted in the victim’s injuries and losses. To recover compensation, your attorney must prove that the truck driver or some other party acted negligently, and that you were injured as a direct result of that negligence.
Product Liability: In some cases, the manufacturer of the truck, trailer, or one of its components may be liable for injuries sustained in a truck accident if a defect existed in a product and contributed to the accident.
Wrongful Death: If a loved one is lost in a truck accident, Florida state law permits the surviving family to pursue a wrongful death suit to collect compensation for their losses.
Causes of Jacksonville Truck Accidents
Truck accidents can cause serious and potentially life-threatening injuries to any party involved in the crash. Our Jacksonville attorneys handle cases involving death or injuries including head trauma, spinal cord damage, disfigurement, severe burns, broken or shattered bones, lacerations, loss of limbs, and paralysis.
In an effort to protect all parties on the road from these and similar injuries, the Federal Motor Carrier Safety Administration established special mandatory guidelines for trucks, truck owners, and truck manufacturers. Maximum speed limits, the amount of time a driver may spend driving consecutively, logging requirements, weight and loading limits, and the use of alcohol and drugs are regulated by these guidelines.
Violation of these regulations can put other drivers, passengers, pedestrians, and bicyclists at risk for significant injury. Violations can include:
- Operating with minimal truck driving training
- Failing to see other vehicles and parties on the roadway
- Failing to obey local traffic laws
- Failing to stop at weigh stations
- Driving while tired or under the influence
- Falsifying driving logs
- Overloading or failing to load the truck and trailer properly
- Exceeding the maximum weight limit
How Much Is My Case Worth?
The value of each case will vary and depend on the factors specific to the accident including the severity of the injury sustained, the particular breach of duty, the party (e.g., truck driver, truck owner, truck maintenance staff, etc.) that breached the duty, and whether a defect or the victim’s own negligence contributed to the accident.
In any case, damages that may be compensable include current and future medical bills, lost wages, loss of earning capacity, pain and suffering, loss of consortium, or wrongful death expenses including funeral costs.
If you have been injured in a truck accident, you may have legal recourse. Contact a Jacksonville truck accident attorney today by completing our free case review form to learn about your available legal options.
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Get answers to commonly asked questions about our legal services and learn how we may assist you with your case.
How do I know if I have a truck accident claim in Jacksonville?
Every case is different. But in all personal injury claims, there are a few elements that we look at to see if you might have a case. We check to see if:
- There were damages. Personal injury lawsuits aim to secure compensation for “damages,” such as medical bills, lost income, and pain and suffering. The injury must involve significant financial costs to pursue a lawsuit, which can differ depending on the state. Our Jacksonville-based attorneys bring extensive local knowledge to Florida’s legal system, ensuring your case is managed accurately and with a deep understanding of state-specific laws and regulations.
- Someone else was at fault. To get compensation from someone else’s insurance company, they must have acted negligently in a way that caused or contributed to your injuries.
- There’s enough insurance coverage. Personal injury lawsuits are usually filed against insurance companies, not individuals. Those responsible must have enough insurance coverage to cover the injured person’s medical expenses or fully compensate them for their injuries.
Not sure if you have a case? Get in touch with our team of lawyers in Jacksonville. We're here to help.
What should I do immediately after a truck accident in Jacksonville?
If you’re wondering what to do after being hit by a semi-truck, your priority should be safety and seeking medical attention.
If possible, move your vehicle to a safe location away from traffic and call 911. Report the accident and request medical assistance for anyone who may be injured. Even if you feel unhurt, some injuries can take time to become noticeable. A medical evaluation safeguards your health and provides crucial documentation for your claim. Receiving professional care creates a medical record that can serve as valuable evidence if your case goes to court.
Collect information from the truck driver, including their name, contact details, insurance information, trucking company name, and license plate number.
While a photograph of a license plate can help in many auto accidents, commercial truck accidents can be different. Having the license plate number of a truck won’t always suffice when attempting to collect driver information, as many trucks are often leased through a third party. A better solution is photographing the driver’s door with the U.S. Department of Transportation number (US DOT number). This identifier will enable your legal team to get the driver’s name, address, insurance information, and trucking company.
Take photos of the accident scene, vehicle damage, road conditions, and visible injuries. This evidence can be helpful for your case. You can also get contact information from witnesses who saw the accident.
Refrain from making statements that might be seen as admitting fault, such as “I’m sorry” or “I didn’t see you,” as these could be used against you in the future.
Finally, contact Morgan & Morgan. Our Jacksonville team is here to offer a free case evaluation, help you understand your legal options, and guide you through the next steps in your life.
How long after a Jacksonville truck accident can I file a claim?
Laws set specific time limits for personal injury victims to file a lawsuit, known as the statute of limitations. For truck accident cases, these timeframes vary by state, typically ranging from one to four years from the accident date. Consulting with one of our Jacksonville attorneys as soon as possible is crucial, as missing this deadline could bar you from recovering any compensation.
How long does it take to resolve a truck accident claim in Jacksonville?
The statute of limitations is a legally defined time limit within which someone must file a lawsuit, and this time frame varies depending on the type of case and state.
For truck accident claims, the statute of limitations generally requires filing a claim within a certain period after the accident. Filing within this period is essential to retain your right to pursue compensation.
It’s advisable to consult with a Jacksonville-based attorney as soon as possible after the incident, as gathering evidence and building a strong case can take time. Your attorney can also help ensure all documents are filed accurately and on time.
Why should I hire Morgan & Morgan, Jacksonville?
At Morgan & Morgan, our Jacksonville-based team of experienced commercial truck attorneys has successfully represented countless clients in similar situations, securing millions in compensation. As the largest personal injury law firm in the country with over 1,000 lawyers nationwide, we have the resources, knowledge, and dedication to fight for your rights.
We work on a contingency fee basis, meaning you won’t have to pay unless we win your case. Morgan & Morgan believes justice should be accessible to all, so our motto is the Fee Is Free™—you only pay if we win.
How much does it cost to hire Morgan & Morgan in Jacksonville?
At Morgan & Morgan, we work on a contingency fee structure, which means you don't pay any upfront fees. That’s right—the Fee Is Free™, and you only pay if we win. Your lawyer receives a percentage of the compensation you recover from your case, and only if you win. Here’s a breakdown of how it usually works:
Contingency Fee Arrangement
- No Win, No Fee: With a contingency fee, the lawyer only gets paid if you recover compensation through a settlement or court verdict.
Free Consultations
- You can call Morgan & Morgan, Jacksonville, anytime for a free case evaluation to learn more about your legal options, with no obligation to work with us.
- From there, Morgan & Morgan’s truck accident lawyers offer a free initial consultation to evaluate your case, explain the legal process, and discuss the fee structure.
What Can Affect the Final Cost?
Several factors influence the total cost of hiring a truck accident lawyer, including:
- Case Complexity: Truck accidents can involve multiple liable parties (e.g., trucking company, driver, manufacturer), which may require more time and resources to investigate.
- Going to Trial vs. Settlement: Cases that go to trial generally require more preparation, court filings, and attorney time, which may result in a higher percentage fee.
- Lawyer’s Experience and Reputation: More experienced or well-known attorneys may charge higher contingency fees due to their track record of success and expertise in handling complex cases.
Advantages of a Contingency Fee
- No Financial Risk: The contingency fee arrangement allows injured individuals to pursue compensation without worrying about upfront legal costs.
- Incentive for Success: Since the lawyer’s fee depends on the outcome, they are motivated to secure the highest possible settlement or court award for you.
What sort of compensation can I receive after a truck accident in Jacksonville?
Victims of a Jacksonville truck accident may be entitled to various types of compensation, including:
- Medical Expenses: Coverage for current and future medical bills, including hospital stays, surgeries, medications, and physical therapy.
- Lost Wages: Compensation for income lost due to injury and any future earning potential if the injury impacts your ability to work.
- Pain and Suffering: Monetary compensation for physical pain, emotional distress, and diminished quality of life.
- Property Damage: Reimbursement for repairing or replacing your vehicle and other personal property damaged in the accident.
- Loss of Consortium: Compensation for the impact of the injury on your relationship with your spouse or family.
- Punitive Damages: In extreme negligence or recklessness cases, the court may award punitive damages to punish the wrongdoer.
After securing legal representation for a truck accident, your attorney can assess the damages related to your case and determine what fair compensation might entail. At Morgan & Morgan in Jacksonville, we offer free consultations for truck accident cases, allowing you to explore your legal options following a truck accident injury.
Do I have to pay for a consultation in Jacksonville?
No. Consultations at Morgan & Morgan are completely free. We believe everyone deserves access to legal advice, regardless of their financial situation.
Hiring one of our Jacksonville truck crash lawyers is easy, and you can get started in minutes with a free case evaluation on our site or by phone.
Who will be on my Jacksonville case team?
When you hire Morgan & Morgan, Jacksonville, you don’t just hire a lawyer; you hire the largest personal injury law firm in the country with an army of over 1,000 lawyers and offices in all 50 states and Washington, D.C.
Your case will be handled by a dedicated team of professionals, including personal injury lawyers, paralegals, and support staff. You will be assigned a care team with a primary attorney overseeing your case and ensuring you receive personalized attention.
When do I meet with my Jacksonville truck accident lawyer?
After your initial consultation, your care team will schedule regular meetings to discuss your case, provide updates, and prepare you for upcoming proceedings. We are committed to maintaining open lines of communication and keeping you informed every step of the way.
These meetings can be handled in person, virtually, and by phone, depending on your case’s requirements and your ability to do so.
What’s the average settlement for a trucking accident claim in Jacksonville?
The average settlement for a truck accident claim can vary widely depending on several factors, including the severity of injuries, the extent of property damage, and the circumstances surrounding the accident.
The extent of your injuries plays a crucial role in determining the settlement amount. Minor injuries, like whiplash or bruising, typically result in smaller settlements. However, more severe injuries, such as spinal cord damage, traumatic brain injuries, or multiple fractures, often warrant significantly higher compensation.
Your medical bills play a crucial role in calculating your settlement. This includes costs for emergency room visits, surgeries, hospital stays, physical therapy, and any ongoing or future medical care. The higher your medical expenses, the larger your settlement will likely be.
How do you prove who is responsible in a truck accident case in Jacksonville?
Fault in a Jacksonville truck accident is determined by examining evidence to establish which party’s negligence caused the accident. Key factors include:
- Police Reports: Official reports provide initial assessments of fault based on the responding officer’s observations.
- Eyewitness Testimonies: Statements from witnesses can provide insights into how the accident occurred.
- Accident Scene Analysis: Photos, video footage, and forensic analysis of skid marks or debris can help reconstruct the accident.
- Truck Driver Logs: These logs can reveal if the driver violated hours-of-service regulations or was fatigued.
- Vehicle Inspections: Maintenance records and vehicle inspections can uncover mechanical failures or improper maintenance.
- Black Box Data: Most trucks have data recorders that capture speed, braking, and other key details leading to the crash.
Fault determination can be complex, often involving multiple parties, including the driver, trucking company, and even manufacturers. A commercial truck accident attorney can help you gather this evidence and create an argument in your favor.
What should I expect during the legal process of a Jacksonville truck accident claim?
The legal process of a Jacksonville truck accident claim can be complex, involving multiple parties and extensive investigation. It usually begins with an initial consultation with your lawyer. Morgan & Morgan’s truck accident attorneys offer a free consultation where they evaluate your case, explain your rights, and outline the legal process.
During this meeting, you’ll provide details about the accident, your injuries, and any potential evidence (police reports, photos, witness information). The Jacksonville lawyer will assess whether you have a viable case and discuss the potential for compensation.
Truck accident claims often require in-depth investigations, as multiple parties may be involved. Your attorney will gather evidence, which may include:
- Police reports and accident scene photos
- Driver’s logbooks (hours of service records)
- Vehicle maintenance records
- Truck’s black box data (to see speed, braking patterns, etc.)
- Surveillance footage, if available
- Witness statements
- Medical records documenting your injuries
Depending on the case's complexity, your lawyer may consult accident reconstruction experts, medical experts, or trucking industry experts to establish liability.
Your Jacksonville lawyer will also work to identify all liable parties. Truck accidents can involve multiple potentially liable parties, such as the truck driver, the trucking company, the truck manufacturer, and even cargo loaders. Your attorney will work to establish who is responsible for the accident and file claims accordingly.
Once your attorney has gathered enough evidence, they will draft and send a demand letter to the insurance companies or at-fault parties, outlining the facts of the case, your injuries, and the compensation you seek.
Your Jacksonville attorney will file a formal lawsuit if a fair settlement can’t be reached during negotiations. This initiates the litigation phase and sets a timeline for the legal process.
Throughout the process, your attorney will negotiate with the insurance companies representing the driver, trucking company, or other responsible parties. Insurers may try to offer a lower settlement, but your attorney will fight for fair compensation for your medical bills, lost wages, pain and suffering, and other damages.
The vast majority of truck accident claims are settled out of court. If the insurance company offers a reasonable settlement, your lawyer will discuss it with you and advise whether to accept or continue negotiating.
If the case goes to court, both sides enter the discovery phase, exchanging evidence, documents, and witness information. This phase often includes:
- Depositions (sworn statements taken from witnesses, the truck driver, and possibly you)
- Interrogatories (written questions exchanged between parties)
- Expert testimonies
Attorneys may file motions to dismiss certain claims or suppress specific evidence during this period.
If a settlement isn’t reached, your case will proceed to trial. During the trial, your attorney will present evidence, call witnesses, and make legal arguments to prove liability and damages. The defense (trucking company or driver’s lawyer) will also present their case. After both sides present their case, the judge or jury will decide who is liable and how much compensation should be awarded.
A settlement is often reached before the case goes to trial. Your Jacksonville attorney will review any settlement offers with you to ensure they cover your current and future needs.
If your case goes to trial, the jury or judge will issue a verdict on who is liable and the amount of damages. The liable parties must pay the awarded compensation if you win the case.
The legal process of a truck accident claim involves consultation with an attorney, evidence gathering, negotiations, and possibly going to court. Each step is designed to ensure that you receive fair compensation for your injuries and damages. An experienced Jacksonville attorney will guide you through this process and advocate on your behalf.
Why are Jacksonville truck accidents more complicated than car accidents?
Truck accidents are more complex because they often involve multiple parties, including the truck driver, trucking company, vehicle manufacturers, and cargo loaders. Additionally, trucking companies are governed by federal regulations, such as those set by the Federal Motor Carrier Safety Administration (FMCSA), which adds another layer of legal considerations.
The severity of injuries and the higher stakes involved in compensation claims also contribute to the complexity. Big trucks can cause much more damage than the common small vehicle fender-bender.
A truck accident lawyer at Morgan & Morgan, Jacksonville, can guide you through the complex legal process so that you can focus on recovering and moving forward with your life.
What are the most common causes of truck accidents in Jacksonville?
Common causes of truck accidents in Jacksonville include:
- Driver Fatigue: Truck drivers often face pressure to meet tight delivery schedules, leading to fatigue and decreased reaction times.
- Distracted Driving: Texting, eating, or using in-cab technology can distract drivers from the road.
- Speeding: Trucks require longer stopping distances, and speeding increases the risk of collisions.
- Improper Loading: Overloaded or improperly secured cargo can cause the truck to tip or lose control.
- Mechanical Failures: If not properly maintained, faulty brakes, tires, or other mechanical issues can lead to accidents.
- Driving Under the Influence: Alcohol or drug use impairs a driver’s ability to operate the vehicle safely.
Can I sue the trucking company if the driver was at fault in Jacksonville?
Yes, you can often sue the trucking company if the driver was at fault for the accident. This is possible due to a legal principle called vicarious liability, which holds employers responsible for their employees' actions while performing job-related duties. In the case of a truck accident, the trucking company may be held liable for the driver’s negligence or recklessness.
Vicarious Liability (Respondeat Superior)
Respondeat Superior is a legal doctrine that holds employers liable for their employee's negligent actions as long as the employee was acting within the scope of their employment when the accident occurred.
In a Jacksonville truck accident, if the driver was performing their job duties (e.g., delivering goods, following a company route), the trucking company can be held liable for the driver’s actions, even if the company itself wasn’t directly at fault.
Negligence of the Trucking Company
In some cases, the trucking company may also be directly at fault, strengthening the case against them. Common reasons include:
- Negligent Hiring Practices: If the company hired an unqualified or unsafe driver (e.g., someone with a poor driving record or inadequate training), they could be liable for negligent hiring.
- Poor Training: The company could be held responsible if it failed to provide adequate training for the driver.
- Improper Truck Maintenance: The trucking company is responsible for ensuring that its fleet is properly maintained. The company can be sued if a mechanical failure caused by poor maintenance contributed to the accident.
- Violation of Hours-of-Service Regulations: Truck drivers are subject to federal regulations that limit the number of hours they can drive without rest. If the trucking company encourages or forces the driver to violate these rules, it may be held liable.
Independent Contractors vs. Employees
Trucking companies sometimes claim that a driver is an independent contractor rather than an employee to avoid liability. However, Jacksonville courts may still hold the company accountable if evidence shows they exercised control over the driver’s actions, such as setting routes or managing work schedules.
Establishing whether the driver was genuinely an independent contractor or an employee often requires a detailed investigation into the terms of the driver’s employment and the extent of the company’s oversight.
Other Liable Parties
In addition to the trucking company and driver, other parties may be liable for the accident, such as:
Truck Manufacturers: If a mechanical failure caused by a defect contributed to the accident, the truck’s manufacturer could be liable.
Cargo Loaders: If improperly loaded cargo caused the accident, the company responsible for loading the truck could also be held liable.