Truck Accidents
Practice Areas
Auto Accidents
Catastrophic Injuries
Medical Product Liability
Gainesville Truck Accident Attorneys
Fighting For Truck Accident Victims in Florida
If you or someone you love was involved in a car accident with a semi-truck, 18-wheeler, or another large commercial vehicle, you are likely dealing with significant physical, emotional, and financial challenges. These types of accidents tend to be extremely devastating, often leading to catastrophic injury and death. Getting back on your feet after a large truck accident can be difficult, but having an attorney by your side can make all the difference.
At Schackow & Mercadante, our Gainesville truck accident attorneys have more than 126 years of collective experience. We have successfully represented clients throughout North Central Florida in all types of complex motor vehicle accident claims, including those involving semi-trucks and other commercial vehicles. We understand the ins and outs of the legal system, as well as how to protect your rights and the full, fair compensation you are owed.
Contact our firm today at (352) 371-3000 or use our secure online submission formus to request a free initial consultation with our truck accident lawyer in Gainesville.
Common Causes of Truck Accidents
A truck accident refers to any collision involving a large commercial truck, such as a semi-truck, tractor-trailer, or big rig. These accidents can cause significant damage to vehicles and property and, unfortunately, often result in severe injuries or fatalities due to the size and weight disparity between trucks and other vehicles on the road.
Common causes of truck accidents include:
- Driver Fatigue: Long hours on the road can lead to driver fatigue, impairing judgment and reaction times. Regulations exist to limit the number of consecutive hours a truck driver can operate, but violations still occur. Implementing stricter monitoring and rest schedules can mitigate this risk significantly.
- Speeding: Trucks traveling at excessive speeds have longer stopping distances and are more difficult to control, increasing the likelihood of accidents, especially on highways and curves. Education on speed management and consistent enforcement of speed limits are essential.
- Distracted Driving: Just like any other driver, truck drivers can become distracted by using mobile phones, eating, adjusting the radio, or engaging in other activities while driving, diverting their attention from the road. Implementing technology to minimize distractions can help prevent these accidents.
- Poor Weather Conditions: Rain, snow, ice, fog, and high winds can all contribute to hazardous driving conditions, reducing visibility and making roads slippery, increasing the risk of accidents. Driver training to handle adverse weather and contingencies is critical.
- Mechanical Failure: Faulty brakes, tire blowouts, steering problems, and other mechanical issues can cause accidents. Regular maintenance and inspections are crucial for preventing such failures.
- Improper Loading or Cargo Securement: If cargo is not loaded properly or secured adequately, it can shift during transit, causing the truck to become unbalanced or spill its load, leading to accidents. Enhancing cargo training and independent checks can assist in error reduction.
- Driving Under the Influence: Operating a truck under the influence of alcohol or drugs is illegal and significantly impairs a driver’s ability to operate the vehicle safely. Zero-tolerance policies and routine testing can help maintain safety on the road.
- Aggressive Driving: Tailgating, weaving through traffic, and other aggressive behaviors increase the risk of accidents, especially when combined with the size and weight of trucks. Introducing defensive driving courses for truckers to prevent such behavior is beneficial.
- Inexperienced Drivers: Lack of experience or inadequate training can lead to errors in judgment or improper handling of the vehicle, increasing the likelihood of accidents. Mentorship programs for newer drivers can enhance their skills and confidence on the road.
- Road Conditions: Potholes, uneven pavement, construction zones, and other road hazards can pose challenges for truck drivers and increase the risk of accidents. Collaborative road safety improvements and real-time hazard alerts can reduce incident rates.
Understanding FMCSA Regulations
Federal trucking regulations are a set of rules established by the United States Department of Transportation (DOT) and enforced by the Federal Motor Carrier Safety Administration (FMCSA). These regulations govern various aspects of commercial trucking operations to ensure safety, efficiency, and fairness in the industry.
Here’s an overview of some main areas covered by federal trucking regulations:
- Hours of Service (HOS): HOS regulations dictate the maximum amount of time that commercial truck drivers can spend behind the wheel within specific periods to prevent driver fatigue and reduce the risk of accidents. These regulations include limits on daily driving hours, mandatory rest breaks, and weekly maximums. Electronic logging devices (ELDs) are often used to track and enforce compliance with HOS regulations.
- Licensing and Qualifications: Federal regulations establish minimum requirements for obtaining a commercial driver’s license (CDL), including written tests, skills tests, and medical examinations. Additionally, certain endorsements may be required for specialized types of commercial driving, such as transporting hazardous materials or operating double/triple trailers. Truck drivers must also participate in ongoing training to stay updated on safety protocols and industry changes.
- Vehicle Maintenance and Inspections: Trucking regulations mandate regular inspections and maintenance of commercial vehicles to ensure they are safe for operation. This includes requirements for brake systems, tires, lights, steering, suspension, and other critical components. Inspections may be conducted by drivers themselves, as well as by certified inspectors and enforcement agencies. Implementing and adhering to a stringent maintenance schedule helps in preventing on-road failures that could lead to accidents.
- Cargo Securement: Regulations govern how cargo must be loaded, secured, and transported to prevent shifting, spillage, or loss during transit. Proper cargo securement is essential for maintaining vehicle stability and preventing accidents. Additional emphasis is placed on driver training to ensure adherence to these regulations.
- Drug and Alcohol Testing: Federal regulations require commercial truck drivers to undergo drug and alcohol testing as part of pre-employment screening, random testing, post-accident testing, and reasonable suspicion testing. These measures are designed to detect and deter substance abuse among drivers, which can impair their ability to operate vehicles safely. These tests are crucial in maintaining a safe working environment and preventing impaired driving incidents.
- Weight Limits and Load Restrictions: Regulations establish maximum weight limits for commercial vehicles and their cargo to prevent overloading, which can compromise vehicle stability, increase braking distances, and cause damage to roads and infrastructure. Regular checks and weigh-ins help ensure compliance and safety.
- Insurance Requirements: Trucking companies are required to maintain minimum levels of liability insurance coverage to protect against potential damages and injuries resulting from accidents involving their vehicles. Ensuring that coverage is comprehensive and meets legal standards is essential for financial protection.
- Electronic Logging Devices (ELDs): ELDs are electronic devices installed in commercial vehicles to automatically record driving hours and duty status information, replacing traditional paper logbooks. Federal regulations mandate the use of ELDs to improve accuracy in tracking drivers’ compliance with HOS regulations. Using ELDs helps prevent falsification of driving records, thus promoting road safety.
Why Hire a Truck Accident Attorney?
It is not unusual for a trucking company or its insurance company to offer a quick settlement that may be well below your financial needs. Never rush to settle with a defendant’s adjuster following a collision with a commercial vehicle—but don’t compromise your rights to seek compensation by waiting too long to act.
Our lawyers can help you obtain the immediate medical care you need, as well as seek compensation for lost wages, long-term rehabilitation, permanent disabilities, and more. If you’ve been involved in a crash with any commercial vehicle, our truck accident lawyer can meet with you in Gainesville, Ocala, Lake City, or any of the surrounding areas to discuss the specifics of your claim.
Contact us online or call (352) 371-3000 for a free, no-obligation consultation with our truck accident lawyer in Gainesville.
Fighting for Maximum Recovery After a Truck Accident
Large truck accidents often lead to devastating, life-altering injuries, such as traumatic brain injuries, spinal cord injuries, amputations, and more. In many cases, these incidents are fatal.
The point of filing a personal injury or wrongful death claim in the wake of a truck accident is to recover compensation for certain economic and non-economic losses resulting from the accident. A successful outcome can also provide a much-needed sense of justice, allowing you and your family to heal.
At Schackow & Mercadante, our team is often able to recover compensation for the following types of damages:
- Emergency medical care
- Hospitalization
- Prescription and over-the-counter medications
- Surgeries and other treatments
- Rehabilitation
- Physical therapy
- Future medical expenses
- Lost income/wages
- Loss of future earnings
- Diminished earning capacity
- Physical and mental pain and suffering
- Emotional distress and anguish
- Disfigurement
- In-home assistance and care
- Home modifications
When a loved one passes away due to a large truck accident, our firm may be able to assist you in filing a wrongful death claim and seeking compensation for damages such as funeral/burial costs, medical expenses, lost income, lost inheritance, and loss of love, companionship, support, services, guidance, counsel, comfort, and society.
What Is the Statute of Limitations on Truck Accident Lawsuits in Florida?
After a truck accident, you have just two years to file your claim in court. If someone you love passed away, and you wish to file a wrongful death lawsuit, you have just two years from the date of death to do so. In any case, if you miss the filing deadline and the statute of limitations expires, the court will almost certainly dismiss your claim.
We encourage you to act quickly, as two years is not very long when it comes to investigating and litigating your claim. The sooner our Gainesville truck accident lawyers can begin reviewing the details of your case, the sooner we can start fighting for the justice you deserve.
Common Causes of Large Truck Accidents
Some of the most common causes of semi-truck, 18-wheeler, and other large truck accidents include:
- Truck driver error, negligence, and inexperience
- Distracted driving, including using a cellphone
- Speeding, reckless driving, and other traffic violations
- Driving under the influence of alcohol and/or drugs
- Fatigued driving and hours-of-service violations
- Negligent trucking company practices
- Overloaded or improperly loaded cargo/freight
- Poorly maintained trucks
- Improper truck inspections and repairs
- Defective truck design and/or parts
- Inadequate roadway maintenance
- Dangerous road conditions
By identifying the exact cause(s) of the collision, our Gainesville truck wreck attorneys can determine who is responsible for your damages. We take the necessary time to investigate claims and evaluate all available evidence on behalf of our clients.
Frequently Asked Questions About Truck Accidents
What Should I Do Immediately After a Truck Accident in Gainesville?
First, ensure your safety and call emergency services. Once emergency personnel arrive, seek medical attention, even if you do not think you are seriously hurt. If able, gather evidence at the scene by taking photos of damages, road conditions, and visible injuries. Also, collect contact information from witnesses and exchange details with the truck driver involved. Finally, contact a Gainesville truck accident lawyer to discuss your rights and start the process of seeking compensation.
Who Can Be Held Liable in a Truck Accident?
In truck accidents, liability may extend beyond the driver to include the trucking company, cargo loaders, vehicle manufacturers, or maintenance providers. Each party’s involvement can be assessed by investigating the cause of the accident and determining whether any regulations were breached. A competent lawyer will help identify all potential sources of liability to maximize your compensation.
How Long Does It Take to Resolve a Truck Accident Claim?
The duration to resolve a truck accident claim varies, depending on the complexity of the case. Factors include the severity of injuries, the extent of damages, and the cooperation level of the involved insurance companies. Cases can take months or, in some instances, years to conclude. Legal representation can streamline proceedings and potentially expedite settlement negotiations while ensuring all avenues for compensation are explored.
What are Common Injuries in Truck Accidents?
Common injuries include traumatic brain injuries, which could range from mild concussions to life-altering brain damage. Spinal cord injuries are also frequent, sometimes leading to paralysis or long-term mobility issues. Broken bones and fractures are common because of the force of impact, often requiring extensive medical treatment and rehabilitation. Internal injuries, such as organ damage and internal bleeding, can be life-threatening and may not be directly apparent after an accident.
Whiplash and other neck injuries are also very prevalent, causing chronic pain and mobility issues. Severe burns can occur if a truck catches fire or hazardous materials are involved. Lacerations and deep cuts from shattered glass or debris could lead to substantial blood loss and permanent scarring.
Contact Our Gainesville Truck Accident Lawyer Today
If you or a loved one has been injured in a truck accident, you need skilled legal representation to help protect your rights and pursue the compensation you rightfully deserve. At Schackow & Mercadante, our Gainesville truck accident attorneys understand the complexities of these claims, from determining liability to dealing with aggressive insurance companies. We are dedicated to delivering personalized legal guidance and aggressive advocacy to help you recover medical costs, lost earnings, pain and suffering, and other potential damages. We are here to provide the support, legal knowledge, and relentless representation you need to move forward.
Contact our truck accident attorney in Gainesville today to get started with pursuing justice!
Personalized Advice & Concierge Level Experience
Direct Communication With Your Attorney
Over 125 Years of Combined Experience
Practicing in The Gainesville Area 55+ Years
Schackow &
Mercadante's Videos
Check out some of our most recent videos.
Schackow & Mercadante, P.A.
Ashley Accident Scene
What If I'm 'Party at Fault' for the Accident?
Kathryn Lerch's Story
What is PIP?
Car Accident Chaos 1