Sebring Big Rig Accident Lawyer

Big rig trucks, also called semi-trucks or 18-wheelers, can inflict devastating damage in an accident. Some of the most tragic results occur when passengers in smaller vehicles suffer severe injuries, including permanent impairments, disabilities, or even death. 

If you or a loved one was injured in a collision caused by one of these massive trucks, a Sebring big rig accident lawyer can assess your case and recommend your best course of action for pursuing a claim. A Sebring truck accident lawyer at Dismuke Law can assist with your personal injury claim or lawsuit. 

What Damages Can You Claim After a Big Rig Truck Accident in Sebring?

Individuals who suffer injuries in an accident caused by another party’s negligence can pursue personal injury claims or lawsuits to seek compensation reflecting their financial and subjective losses. 

These losses are legally referred to as damages and often include the following:

• Current and future medical expenses, such as emergency medical care, hospitalization, surgeries, diagnostic testing, physical therapy, prescription medication, etc.
• Loss of income resulting from work leave related to recovery
• Diminished earning capacity due to long-term impairment
• Physical pain and suffering
• Mental anguish
• Scarring and disfigurement
• Disability

You may have suffered additional compensable losses. A Sebring big rig trucking accident lawyer at Dismuke Law can tell you more about your options for compensation.

Will Your Case Go to Court?

Most personal injury claims are settled out of court with the liable parties or their insurance companies. However, in some cases, the parties cannot agree on a settlement amount, and the case must go to trial. If this occurs, your big rig accident lawyer in Sebring, FL can represent you and argue your claim on your behalf.

Wrongful Death Claims Following Big Rig Accidents in Sebring

If you lost a loved one in a Sebring big rig accident caused by another party’s negligence, you may be eligible to pursue a wrongful death claim. According to Florida Statutes § 768.21, potential beneficiaries in wrongful death cases include spouses, children, and parents of minor children. A personal representative may file a lawsuit on behalf of the estate.

Damages in these cases typically include the following, depending on the beneficiary or beneficiaries’ relationship to the decedent:

• Repayment for the decedent’s medical bills
• Reimbursement for funeral, burial, or cremation costs
• Loss of the decedent’s income
• Loss of companionship and protection
• Loss of the decedent’s support, guidance, instruction, and love
• Mental pain and suffering of surviving family members

The Deadline for Filing a Lawsuit After a Semi-Truck Accident in Sebring

Per HB 837 / SB236, Florida imposes a two-year statute of limitations on both personal injury and wrongful death claims. This means an individual has just two years from the date they suffered injuries or their loved one’s death to file a lawsuit pursuing damages for their losses. 

Failure to meet this deadline can result in the court dismissing your case. We encourage you to Ask Dave about your case as soon as possible to allow your big rig accident attorney in Sebring, FL enough time to build a solid case and comply with the statute of limitations.

Proving Negligence and Liability After a Big Truck Accident in Sebring

To hold the at-fault party liable for your big accident and injuries, your Sebring big rig truck accident attorney must prove they were negligent in some way. Doing this typically requires showing that the potentially liable party failed to uphold their legal responsibility to act cautiously and avoid causing you harm. 

Using an at-fault big rig driver as an example, this would require establishing the following:

1. Duty of care: All vehicle drivers are legally obligated to adhere to the rules of the road and drive with caution.
2. Breach of duty: The truck driver violated or breached their duty of care. For example, they may have been driving at excessive speeds or under the influence of drugs or alcohol.  
3. Causation: The truck driver’s breach of duty directly caused the big rig accident and, as a result, your injuries. In other words, the accident would not have happened if they had been driving more carefully.
4. Damages: You suffered quantifiable losses due to the accident and your injuries.

In some cases, potentially liable parties are held to a different standard of care known as strict liability. For example, if a defective truck component led to your accident, the manufacturer may be held responsible for your losses. The trucking company may also be at-fault if the big rig truck driver was on duty at the time of the accident, due to a legal principle called respondeat superior. 

Proving Fault for Violations Related to Florida Trucking Laws

Florida imposes laws and regulations on commercial trucks and their operations. If the truck driver or trucking company broke any of these rules, their action or inaction could have caused or contributed to the accident. 

The causes of trucking accidents are not always obvious, and you may want to secure legal representation from a Sebring big rig truck accident attorney to help you prove fault and identify the liable party.

Proving fault requires evidence. Your personal injury attorney can help you collect the following evidence and more:

• Truck driver logs, which document the hours drivers are on duty to ensure their adherence to hours of service regulations set by the Federal Motor Carrier Safety Administration
• Maintenance records, which can provide evidence if truck drivers, owners, or companies failed to perform necessary vehicle inspections or maintenance. 
• Information from the event data recorder or black box device, which stores data concerning all aspects of the truck’s operation.
• The truck driver’s employment and driving records to determine if they possessed the required licensing and qualifications to drive the vehicle. 

“Ask Dave” How a Sebring Big Rig Accident Lawyer Can Help You Today

At Dismuke Law, our personal injury law firm is dedicated to fighting aggressively to secure the fair compensation our clients deserve for their losses. If you have questions about your case and want to pursue financial compensation, you can “Ask Dave” about your legal rights and options.

Whether you were injured or lost a loved one in a big rig accident caused by another party’s negligence, contact us today for a free, no-obligation consultation and case assessment.