Experienced Truck Accident Lawyers In Bradenton & Sarasota
Representing clients throughout Florida and Virginia
Because of their size and additional weight, trucks take much longer to slow down and speed up. This is especially the case with tractor-trailers. According to the Insurance Institute for Highway Safety (IIHS), a loaded tractor-trailer takes 20-40% more distance to stop than the average car. This means that a driver mistake that may not have mattered much in a car could end up causing a severe crash in a truck.
Plus, federal law allows drivers to drive 11 hours at a time, so the chance of a truck driver being drowsy or inattentive may be much higher than that of the average car driver. Studies show that many truckers and trucking companies regularly violate these regulations, which only adds to the chance of an accident occurring.
If you’ve been seriously hurt in a car accident, the first thing to do is to call 9-1-1. Immediately after, call an experienced accident attorney.
An experienced attorney will tell you exactly what you should and should not say to law enforcement after an accident. This includes:
In addition to being careful in your communications with law enforcement, your insurance company, and the other driver, your lawyer may want you to document the scene of the accident. This may include taking photos or videos or even getting a witness statement from a bystander.
At Gallagher and Hagopian, our team of experienced personal injury attorneys will vigorously fight on behalf of victims and their families who are injured in vehicle accidents.
Truck accidents are not as common as passenger car accidents, but they are often a lot more severe. Approximately 38,000 Americans die in car accidents per year, compared to the around 4,000 deaths that result from truck accidents each year. 67% of truck accident deaths were from individuals driving or riding in cars, motorcycles, and trucks, 15% were from bicyclists and pedestrians, and 16% were individuals inside cars.
In addition, when compared to car accidents, truck accidents typically cause increased property damage and are more likely to involve very serious physical injuries. There are also specific rules and regulations that only apply to trucks and truck drivers. As we’ll go into later on this page, trucking companies also typically utilize specific insurers, who have detailed knowledge about trucking law, which can be used against you in the settlement or jury trial process.
For all of these reasons, it is extremely important that truck accident victims use a dedicated truck accident lawyer to help them with their legal case after an accident.
The damages in a car accident case are still most often physical injuries and property damage. However, because the accident involves a large vehicle, the damages in these situations are more likely to be severe. A semi-truck can easily crush a passenger vehicle, especially if it is fully loaded and traveling at a high rate of speed.
In most passenger car accident cases, you and the other driver (and their insurance company) are part of the case. In a truck accident, you may have to deal with several other parties as well, including:
Truck Accidents Typically Involve More Parties
The more people involved, the more complicated the case will be. It is especially important to involve a truck accident lawyer if more than one opposing party is involved.
Both state and federal laws have strict regulations that affect truck drivers. For instance, as we previously mentioned, federal regulations limit a driver’s shift to 11 hours. However, survey data suggests that many truckers and companies regularly violate this limit, leading many drivers to take on shifts of 12-16 hours or more.
If a driver or a trucking company violates federal or state regulations, proving your personal injury case may be significantly easier. Experienced truck accident lawyers understand these lesser-known laws very well and will be able to use that knowledge and information to your advantage.
Many truckers and trucking companies use insurance companies that specialize in insuring trucks. The insurance adjusters that service these customers have unique, concentrated knowledge of all things that affect truckers. That knowledge can put truck accident victims at a severe disadvantage in negotiation and even accident investigation.
Having an experienced truck accident lawyer work with the insurance company on your behalf levels the playing field. It also ensures that the insurance company does not take advantage of you by paying you far less than what your case is worth.
The most common reason that truck accidents occur is due to driver error. However, the truck driver is also least likely to be harmed in a truck accident because of the significant size difference between a commercial truck and a passenger vehicle.
The Federal Motor Carrier Safety Administration reports that the most common reasons that truck accidents happen are because of:
Trucking accidents can lead to a wide scope of injuries, each of which could lead to an accident victim receiving compensation. These include:
Report the crash to law enforcement as quickly as possible. Then, call an experienced attorney. After that, call your insurance company. Avoid agreeing to any settlements with your insurance company or the other driver. If you end up going to a hospital, ask your attorney’s advice before signing any medical forms. At this point, anything you say or do could significantly impact the amount of financial compensation you may receive in the future.
Florida is a no-fault state, which means that both parties involved in an accident (regardless of fault) are required to seek compensation from their insurance company first. This law applies to both the drivers of the vehicles and any passengers that may have been injured in the crash.
If you own or operate a vehicle with a Florida license plate, you need to have insurance. According to Florida’s Financial Responsibility Law and Florida’s No-Fault Law, all drivers in Florida must prove they can take financial responsibility for the operation of their vehicle, including if it crashes. These laws review the minimum amount of coverage you need, though you may seek to get additional coverage for more protection.
Whether you plan to drive it or not, if you own a vehicle with a state license plate you must cover it with the minimum liability insurance requirements. Returning your license plate to a driver license or tax collector’s office is the only way to legally cancel your insurance.
Even though it is extremely frustrating to you as the accident was not your fault, the other driver’s insurance company will do a liability investigation. If someone causes a truck crash in Florida, state law mandates that they have a minimum amount of liability insurance. Minimum required coverage under the Florida Financial Responsibility Law includes:
As with any crash, unique circumstances surround truck accidents, which is why settlements vary depending on numerous factors, such as the severity of injuries, property damage, liability and jurisdictional laws. Typically, settlements range from over $50,000 to $500,000 – and even in the millions of dollars – based on the seriousness of the accident and extent of injuries suffered by the parties involved. If you’ve been injured in an accident, contact an experienced truck accident lawyer, like our attorneys at Gallagher & Hagopian, to explore your options and get a detailed assessment of your case.
The timeline for a settlement in a truck accident case can be influenced by various factors, including the case’s complexity, the extent of injuries, liability issues and negotiation dynamics. Your truck accident attorney may also have to deal with several parties, ranging from the trucking company and its insurance company to the person or entity that owns the truck’s load and the third party that maintained the truck.
While some settlements might be won within a few months, more intricate cases can take years to resolve. At Gallagher & Hagopian, with every accident, our attorneys work aggressively to obtain the maximum compensation for our clients – and fight relentlessly to defend your rights.
As we’ve discussed previously, trucking companies typically do business with specific insurers who are highly skilled in knowing and applying trucking law. There are a number of steps you can take to strengthen your trucking accident case in order to maximize the compensation you receive in a settlement or win at trial:
Typically, contingency fees for truck accident lawyers range from 33% to 40% of the settlement amount, depending on the complexity of the case and the agreement reached. This percentage covers legal expenses, including litigation costs, attorney services, the costs of hiring accident reconstruction specialists, expert consultants and more.
At Gallagher & Hagopian, we pride ourselves on our ability to navigate the legal system’s complexities to help you get fair compensation and closure, so you can live your life again – and you won’t pay us unless we win for you.
Once you agree to a settlement, several steps follow. First, legal documents are drafted outlining the terms, and both parties sign, finalizing the agreement. Subsequently, the at-fault party responsible for compensation disperses the settlement amount. Typically, settlement checks are received within four to six weeks after both parties have signed the agreement. With each unique case, our truck accident lawyers are closely beside our clients, guiding them through the settlement process with open communication and care for their needs.
Settlement money is obtained through a structured process. Initially, negotiations occur between parties, often facilitated by legal representation. Once terms are agreed upon, a formal settlement is drafted outlining specifics, including the total amount to be paid by the responsible party – typically an insurance company. Once both parties have signed the agreement, settlement money is dispersed to the victim or truck accident attorney representing their case.
Compensation is intended to cover various incurred damages, like medical bills, rehabilitation costs, lost income from the victim’s inability to work, property damage, and pain and suffering. Settlement money may also be allocated for future medical treatment or ongoing care.
A “good settlement” in a truck accident compensates the victims fairly for their losses and the damages they’ve sustained. A favorable settlement carefully considers the severity of their injuries, the physical, mental, emotional and financial impact on their life, liability factors, and potential long-term consequences. This is why our truck accident attorneys at Gallagher & Hagopian fight vigorously for our clients, ensuring they receive the maximum amount of compensation that covers medical expenses, property damage, lost wages, pain and suffering, and any future costs related to their accident.
If you’ve been injured in an accident, a “good settlement” means receiving the compensation you deserve for what you’ve endured. A fair agreement goes beyond covering medical costs and lost wages but also addresses pain and suffering you’ve experienced – both physical and emotional. This is why it’s important to hire a knowledgeable truck accident lawyer who will tirelessly go the extra mile to get the results you need to live your life again.
Yes – you can ask for more money on a settlement, especially if you believe the initial offer does not fairly cover the damages you’ve suffered. At Gallagher & Hagopian, negotiating for the maximum settlement amount is always what we strive to achieve when our clients have been injured in an accident. Hiring a skilled truck accident lawyer who has decades of experience puts your well-being first, aggressively advocates on your behalf and can exponentially enhance your chances of winning a fair settlement.
Whether you pay taxes on settlement money in a lawsuit depends on details in the settlement agreement and the unique circumstances of your case. Generally, compensatory damages for physical injuries and property damage are non-taxable by the IRS. Punitive damages, which can include wage losses and pain and suffering, are typically taxable. A results-driven truck accident attorney, who has a proven track record of fighting for fair settlements, can not only fiercely advocate for you throughout negotiations but help you achieve the best possible outcome.
In legal matters, including truck accident cases, attorneys are ethically bound to act in their clients’ best interests. This is called “duty of care” – listening and considering their clients’ goals and wishes. However, attorneys can withdraw from representation to protect the legal system’s integrity if a client insists on pursuing unethical or illegal actions.
At Gallagher & Hagopian, you can feel confident knowing our entire team is focused on one goal – protecting your rights and restoring your life. This is why our truck accident lawyers have a proven track record of open communication, ethical standards and legal experience that have resulted in fair settlements and judgements for our clients.
Truck accident lawyers – including our attorneys at Gallagher & Hagopian – represent clients on a contingency fee basis, which means you don’t pay unless we win. The typical range for these fees is between 33% and 40% of compensation awarded in the final settlement or verdict. Contingency fees cover legal services and expenses incurred throughout the case, allowing clients to affordably see their case through without upfront costs. At our law firm, transparency is our priority, which is why each client is educated on and made aware of our fee structure during their free case evaluation with an attorney.
Some truck accident cases may be settled relatively quickly, within a few months, while others may potentially take a year or more before a settlement agreement is signed. The timeline to reach a settlement varies, depending on factors like your case’s complexity, the parties involved and the severity of accident injuries. Our goal is to obtain the maximum amount of compensation for you, which is why we will not only vigorously negotiate on your behalf, but we’re ready and willing to go to trial to defend your rights if an agreement isn’t reached.
From the moment your case is filed, the road to reach a settlement could take months to over a year. The range may seem broad, but every truck accident is unique, and the circumstances surrounding each case vary. Complex claims may involve extensive negotiations, investigations or even trial, which can take significantly longer than simple cases.
Careful consideration is a must when you’re deciding whether to accept a settlement offer, which is an effective way to receive compensation to avoid the potentially lengthy process of trying your case in court. As a rule of thumb, you should not agree to the first offer the insurance company makes because they’re likely considering their own financial interests. Quickly agreeing to a settlement may leave you without the full compensation needed to cover your injuries, future medical expenses, lost wages and more. At Gallagher & Hagopian, our truck accident attorneys offer free case evaluations where we can assess and guide you toward the best course of action in your situation.
Settlement amounts are determined by considering a number of economic damages such as medical costs, lost wages from the inability to work, damage to the victim’s vehicle, out of pocket expenses and pain and suffering, depending on the situation. Experienced truck accident lawyers, like ours at Gallagher & Hagopian, get a detailed understanding of each case in order to negotiate fair settlements that can put clients back on track in life.
If you’ve been injured in an accident and have accepted a settlement, it’s typical for compensation to be paid out within four to six weeks of both parties signing the agreement. However, the exact timeline depends on a number of factors related to your specific case.
Yes – settlements are absolutely negotiable. It’s a crucial part of the legal process, allowing you and the other party involved to come to a mutually acceptable agreement on compensation outside of a trial. A skilled truck accident lawyer, like our attorneys at Gallagher & Hagopian, can advocate for you throughout the negotiation process, ensuring you receive the most favorable outcome possible. We’re focused on one goal – maximizing compensation for our clients while defending their rights.
With any settlement, there should be enough room for negotiations. For example, the initial settlement you request may be 75% to 100% higher than what you’re actually looking to receive as compensation for the injuries you’ve suffered. Truck accidents vary widely, and settlements factor in past and future medical bills, lost wages, ongoing care, property damage, pain and suffering and more. An experienced truck accident attorney will calculate these damages before demanding compensation from the responsible party.
When it comes to accidents involving large trucks and tractor-trailers, circumstances are unique with each case, making the average settlement figure extremely broad. The maximum amount of compensation for a claim may be in the tens of thousands to hundreds of thousands of dollars – and can even extend into the millions. For example, the second-largest truck accident settlement in history was $80 million won in Georgia in 2016. There are a number of factors at play in determining the amount of compensation an accident victim will receive, including the number of parties involved, from the truck driver to the trucking company, the company who owned the load, and who performed maintenance on the vehicle.
Compensation won in truck accident cases ranges, depending on the facts of the case – and each claim is unique. If you’ve been injured in an accident, an important step is to consult with an experience truck accident lawyer, like ours at Gallagher & Hagopian, who can guide you on how to proceed with your claim and assess how much compensation you may be entitled to receive.
Settlement amounts vary widely in trucking accidents because no case is the same. The largest trucking settlement stemmed from Tracy Morgan v. Walmart with court records suggesting the famous comedian won an estimated $90 million. In 2014, a fatigued Walmart truck driver collided with a limo transporting Morgan, James “Jimmy Mack” McNair and several other passengers. The accident killed McNair and left Morgan with a traumatic brain injury (TBI), a broken leg and broken ribs.
Filed in 1998, the Tobacco Master Settlement Agreement was the result of attorneys general from 46 states uniting to seek compensation from the four largest U.S. tobacco companies for tobacco-related illnesses that cost the states’ healthcare systems. Phillip Morris, R.J. Reynolds, Brown & Williamson, and Lorillard settled for $206 billion, which was to be paid over the next 25 years.
If you’re involved in a trucking accident that is not your fault, typically the trucking company or its insurer will contact you to offer a “settlement” – compensation for damages such as past and future medical bills, lost wages, and property damage – without proceeding to trial. It’s important to consult with and hire an experienced trucking accident attorney who can fight on your behalf, negotiating for the maximum settlement amount you need for closure.
The average payout for an 18-wheeler accident in Florida – or anywhere nationwide – is hard to determine, considering compensation won through settlement or at trial varies widely depending on specific details in each case. Payouts can range from tens of thousands to millions of dollars when factors like the victim’s medical costs, lost wages and capacity to earn a living, and pain and suffering are considered. If you’re ever involved in an 18-wheeler accident in Florida, call an experienced, local truck accident attorney, like Gallagher & Hagopian, who will be in your corner, fighting for your rights and what you deserve.
