Hawthorne Truck Accident Lawyer

Ready to Hold Trucking Companies Accountable

Truck accidents can be devastating due to the sheer size and weight of commercial trucks compared to passenger vehicles. Victims often suffer severe injuries, property damage, and emotional trauma, leading to significant financial burdens. If you've been involved in a truck accident in Hawthorne, FL, Schackow & Mercadante are here to help you navigate the legal process and fight for the compensation you deserve. Our team of experienced truck accident attorneys understands the complexities of these cases and is dedicated to protecting your rights.

Contact us today at (352) 261-6767 to schedule a free consultation.

Common Causes of Truck Accidents

Truck accidents can happen for various reasons, but some causes are more common than others, such as the following:

• Driver Fatigue: Truck drivers often face long hours on the road, and despite regulations limiting driving hours, fatigue remains a leading cause of truck accidents. Tired drivers may have slower reaction times, poor judgment, or even fall asleep at the wheel.
• Distracted Driving: With modern technology, distractions such as texting, phone calls, or even adjusting a GPS device can take a driver's attention off the road. In a large truck, even a moment of distraction can lead to catastrophic consequences.
• Speeding and Reckless Driving: Truck drivers are often under pressure to meet tight delivery schedules, which can lead to speeding or driving aggressively. Trucks require more distance to stop than smaller vehicles, making speeding even more dangerous.
• Improperly Loaded Cargo: Overloading or improperly securing cargo can cause trucks to become unbalanced, increasing the risk of rollovers or cargo spills. These accidents can involve multiple vehicles and lead to severe injuries.
• Mechanical Failures: Trucks are complex machines that require regular maintenance. If a trucking company or driver neglects proper upkeep, issues such as brake failure, tire blowouts, or engine problems can lead to accidents.
• Poor Weather Conditions: Rain, fog, and slippery roads can create hazardous conditions for any driver, but large trucks are particularly vulnerable due to their size and slower stopping abilities. In these conditions, truck drivers must exercise extreme caution.

FMCSA Trucking Laws

The Federal Motor Carrier Safety Administration (FMCSA) sets regulations that govern the trucking industry to ensure the safety of all drivers on the road. These laws cover everything from driver qualifications to vehicle maintenance, and violations of these regulations can be critical in establishing liability in a truck accident claim.

• Hours of Service (HOS) Regulations: The FMCSA limits the number of hours a truck driver can be on duty, as well as the required rest breaks to prevent fatigue-related accidents. For example, drivers can drive for a maximum of 11 hours after 10 consecutive hours off duty. If a driver violates these rules, it can be used as evidence of negligence.
• Truck Maintenance and Inspection Requirements: Trucking companies must regularly inspect and maintain their vehicles to prevent mechanical failures. The FMCSA outlines strict guidelines for how often inspections must be done and what must be checked. Failure to comply can lead to accidents caused by preventable issues, such as brake or tire failures.
• Drug and Alcohol Testing: Truck drivers are held to stricter standards than other drivers when it comes to alcohol and drug use. The FMCSA mandates regular drug and alcohol testing to ensure that drivers are sober while operating their vehicles. Driving under the influence can lead to serious accidents and significant liability.
• Licensing and Training Requirements: Truck drivers must obtain a commercial driver's license (CDL) and undergo specific training to operate large vehicles safely. Inexperienced or inadequately trained drivers may be more prone to causing accidents, making compliance with training regulations critical.

Who is Liable for a Trucking Accident?

Determining liability in a truck accident can be more complex than in a typical car accident. Multiple parties may be involved, and identifying the responsible party or parties is crucial for securing full compensation.

At Schackow & Mercadante, we will thoroughly investigate your case to determine who is liable, which may include:

• The Truck Driver: If the truck driver was negligent—whether through distracted driving, fatigue, or impairment—they can be held liable for the accident. Violations of FMCSA regulations, such as exceeding hours of service limits, can further establish their responsibility.
• The Trucking Company: Trucking companies are responsible for hiring qualified drivers, maintaining their fleet, and ensuring compliance with FMCSA regulations. If the company fails in any of these areas, they may be held accountable for the accident.
• Cargo Loaders: If the accident was caused by improperly loaded or secured cargo, the company responsible for loading the truck may share liability. Unbalanced or unsecured cargo can cause a truck to jackknife or roll over, leading to dangerous situations for other drivers on the road.
• Truck Manufacturers or Maintenance Providers: In cases where a mechanical failure caused the accident, the manufacturer of the defective part or the company responsible for maintaining the truck may be held liable. This includes issues such as faulty brakes, engine failures, or defective tires.
• Other Third Parties: In some cases, other drivers or even the government entity responsible for road maintenance may share liability. For example, if poor road conditions or a reckless driver contributed to the accident, they may also be held accountable.

How Schackow & Mercadante Can Help

Our firm understands the devastating impact that truck accidents can have on victims and their families. We are dedicated to providing comprehensive legal support to help you recover compensation for your medical bills, lost wages, pain and suffering, and other damages.

Here’s how we can help:

• Thorough Investigation: We will conduct a detailed investigation of the accident, gathering evidence such as police reports, eyewitness accounts, truck maintenance records, and driver logs to build a strong case on your behalf.
• Negotiation with Insurance Companies: Trucking companies and their insurers often have aggressive legal teams working to minimize their payouts. Our attorneys will negotiate with them on your behalf to ensure you receive the compensation you deserve.
• Litigation if Necessary: If a fair settlement cannot be reached through negotiation, we are prepared to take your case to court and fight for your rights in front of a judge and jury.

To find out more about how our Hawthorne truck accident attorneys can assist you with your personal injury claims, get in touch with one of our lawyers today by calling (352) 261-6767.