Whether you’re having trouble getting fully compensated or you already know you want to file a legal claim, a top West Palm Beach, Florida truck accident lawyer at Lytal, Reiter, Smith, lvey & Fronrath can help you recover damages in full. We are prepared to help you win justice in your case.
Meet with a commercial truck accident lawyer at Lytal, Reiter, Smith, lvey & Fronrath during a free, no-obligation consultation. You don’t pay until we win – call 561-867-4117 or send us a message now to get started.
Truck Accident Claims We Help With
When your best path is a legal claim, a Florida truck accident lawyer at Lytal, Reiter, Smith, lvey & Fronrath will help you find out what to claim from the trucking company and its insurance provider. We are not afraid to take on large insurance companies who offer settlements that don’t adequately compensate you for your physical and financial suffering.
The most common types of claims we deal with are:
- Injury Accidents
- Property Damages
- Catastrophic Accidents
Injury Accidents
When you’ve been seriously injured in a truck accident, you may claim a wide range of damages to get compensated in full for your losses. Common claims in injury accidents include but are not limited to:
- Medical expenses
- Lost wages and future wages
- General damages, such as pain and suffering, disfigurement, and mental anguish
Florida has a statute of limitations that governs the time you need to bring forth a personal injury claim to the local West Palm Beach court. If you need to pursue a personal injury claim, file your claim within four years from the date that the accident occurred.
Property Damages
In many truck accidents, vehicles are totaled or need many different repairs, which can cost tens of thousands of dollars. You can pursue a property damage lawsuit to cover all related damages from the truck accident, which can also include damage to personal possessions.
For property damage claims, the statute of limitations in Florida says that you need to file your lawsuit within four years from the date of the accident to recover compensation through legal action.
Catastrophic Accidents
If a loved one has died due to the negligence or wrongful act of a truck driver and/or the trucking company, a winning West Palm Beach truck accident lawyer at Lytal, Reiter, Smith, lvey & Fronrath will help the decedent’s family claim the full value of the decedent’s life, in addition to related damages.
Catastrophic accidents are worst-case scenarios, but if you need to file a wrongful death claim against the liable parties, you’ll need to do so within two years of the date of the person’s death.
Call A West Palm Beach Truck Accident Lawyer Today
Start moving forward today and tell us about your case. No matter the details or severity of your truck accident, we’d love to help.
Call 561-867-4117 or send us a message now to get in touch with our team and schedule your free, no-obligation consultation. You don’t pay until we win.
Truck Accidents in Palm Beach For 2017
Palm Beach has a high number of car accidents in the country. Truck accidents are no exception. In 2017, Palm Beach had the 4th highest number of truck accidents in the state of Florida, following counties like Miami-Dade. This was an 11.8% increase from 2016.
Of the 3,168 accidents in the country in 2017, 17 caused fatalities. Unfortunately, the rate of fatalities has been on the rise since 2015. There has been an annual increase of 41.7% fatalities due to truck accidents in Palm Beach.
The destruction caused by a truck accident is significantly greater than that of a typical car accident. These tractor-trailers have large blind spots that make it difficult to see when switching lanes. The sheer size of these vehicles makes every mile over the speed limit a higher risk of a fatal collision. Similarly, each additional ton of weight increases the odds of a fatality. Although 80,000 pounds are legal, the University of Michigan Transportation Research Institute found it 2 times more likely to be fatal than a vehicle carrying 50,000 pounds.
The West Palm Beach truck accident lawyers at Lytal, Reiter, Smith, lvey & Fronrath are here to help you navigate the complexities of a commercial vehicle accident case.
Testimonials
What our clients say about us…
What is the truck’s “black box” and what does it track?
Electronic Control Modules
Commercial trucks can weigh as much as 80,000 pounds. When these vehicles collide with cars on the road, they can cause extreme damage and even fatalities. Determining fault in a West Palm Beach truck accident can be difficult. Truck drivers have large companies and manufacturers on their side.
Fortunately, the development of electronic control modules, or “black boxes”, can help prove what really happened in a truck accident.
Electronic control modules are built into the engines of modern trucks. They capture data about the truck itself and store it internally. This can include:
- Average speed
- Highest speed
- Time driven
- Amount of time driving over 65 miles per hour
- Average RPMs
- Seat belt usage
- Air bag performance
- Idling time
- Number of hard stops
Electronic control modules were designed to counter warranty claims that were unjustified. This way, the manufacturer could ensure that the car was performing properly without relying on the owner’s claims.
But they have another benefit: helping attorneys prove liability in truck accidents. These devices can provide information on the operation of the truck, which may have caused the accident. Its data can also be compared to a truck driver’s personal log to ensure they weren’t in excess of their driving time.
Typically, these black boxes hold data for 30 days. As the recording capacity fills, the module begins recording over previous data. Attorneys need to move quickly to ensure the critical data isn’t accidentally erased.
Electronic Logging Devices
Electronic logging devices connect to the electronic control module in a commercial truck. It is specifically designed to ensure that drivers are adhering to the United States’ mandated Records of Duty Status and Hours of Service. As of 2015, the Federal Motor Carrier Safety Organization requires all trucks use an electronic logging device to monitor their hours.
Electronic logging devices track:
- Date
- Time
- Location
- Engine hours
- Miles driven
- Identifying driver
- Hourly information
A logging device is specifically programmed with a duty status or special driving status. This allows it to track that the driver is following federal procedure.
Unlike electronic control modules, which are included in cars by the manufacturer, a truck company or driver is responsible for their electronic logging device. They can be units physically built into the truck or can be transmissions from a mobile device. This allows a company to monitor their drivers’ performance via satellite every hour.
Attorneys can use electronic logging devices to get a full report of the truck driver’s location, speed, and whether the driver is over their hours. This helps paint a full picture of the truck accident. For example, a driver who is significantly over their hours due is at a higher risk of fatigue or falling asleep at the wheel. An attorney could connect this fatigue to erratic driving that led to a West Palm beach truck accident, injuring their client.
Event Data Recorders
Event data recorders are the third type of black box commonly found in trucks. This device is found in commercial trucks, although their model and the information they record may vary depending on the producer. While the other devices monitor the truck’s and the driver’s operation, the event data recorder specifically records information regarding a truck accident.
Event data recorders don’t start recording until they are triggered by an engine problem or change in speed. The record only contains seconds of data from before and after an accident, but the information it records can be vital to a liability case.
These black boxes may record:
- Electronically sensed faults in the engine
- Wheel speed change
- When brakes were applied
- Sudden deceleration
- RPMs
- Cruise control status
- Malfunction indictor light
An event data recorder provides specific data about the moment of an accident. It begins recording when it senses a trigger and maintains a maximum a few minutes of information that can determine if the vehicle or the driver was the cause of a truck accident.
Why Commercial Truck Black Boxes Are Crucial for Tractor-Trailer Accident Victims
Commercial truck black boxes provide an accurate depiction of the events of the crash. They can show the truth about an engine’s performance, a driver’s fatigue, and the truck’s behaviour moments before the accident occurs. This can help a victim determine who is truly liable for their injuries.
Although the driver might seem responsible at first glance, the electronic control module could reveal a significant engine failure that is the fault of the manufacturer. Knowing this would allow the victim to skip a tedious claim against the company and/or the driver, and to seek damages from the manufacturer who is truly at fault.
However, truck companies are aware of how vital these black boxes are to a plaintiff’s case. They may not be willing to relinquish this data if it could prove their liability in a truck accident. In some instances, they may try to destroy it.
This is why an expert West Palm Beach truck accident attorney is as crucial as a black box for determining liability. An attorney can ensure that the data from these black boxes is made available to the prosecution and brought to court.
These are the steps a truck attorney will take to preserve black box data before it can be destroyed:
- Request the materials via a written order to the truck company, their insurance carrier, and their legal representative(s)
- If that is not complied with, seek a protective order from the courts to ensure the preservation of the data
- Determine custody of the vehicle
- Seek access to the vehicle and the black box before inspection
- Determine if another truck was on the scene and collect the black box data from it as well
- Hire a company to read the data on the black box. Ensure they witness the removal of the black box(es) from the vehicle.
What To Do After a Truck Accident
5 Common Causes of Truck Accidents
Every driver on a highway knows the force of a truck driving past their car. You can feel the power of the massive truck as it drives past you. The size of these vehicles makes any misstep a risk for tragedy.
The large blind spots, heavy weights, overworked drivers, and potential for a machine error can turn a normal drive on the highway into a catastrophe that affects you and your loved ones.
Although there are many reasons that truck accidents can occur, these are the 5 most common causes of truck accidents:
- Aggressive or reckless driving.
Truck drivers are on the road for extended periods of time. Legally, they are required to take breaks, leaving them with no choice but to speed to make delivery deadlines. This can lead to stress. Truck drivers are prone to road rage and aggressive driving tactics, such as tailgating, not signaling, or failing to yield.
- Distracted driving.
Like any other driver, truck drivers are at risk of distraction while driving. In order to make deadlines, many have to eat and drink behind the wheel. When their whole life is behind the wheel, they are likely to want connection. Talking on the phone, texting, or using social media can put everyone on the road at risk. Multitasking while driving is one of the main causes of truck accidents in the United States, even though a number of these distractions are illegal.
- Truck maintenance issues.
Faulty parts and shoddy repairs can lead to serious accidents on the road. Although federal regulation requires truck companies to provide safe trucks that function properly and drivers are supposed to do inspections before each journey, inadequate or faulty parts continue to be a leading cause of truck accidents. Many trucks have manufacturer errors or faulty parts that are unaccounted for. Repairs to electrical systems, brakes, or even replacing bald tires are not prioritized.
- Overloaded trailers.
Your vehicle becomes more difficult to manage when you pack it full of heavy items for a road trip. Trucks are the same, but on a significantly larger scale. Trucks are legally allowed to carry 80,000 pounds while driving. Even though this seems like a huge amount of weight, many companies will overload the vehicle to attempt to move more cargo in fewer trips. This extra weight alters the vehicle’s balance and makes it more difficult for the driver to brake.
- Drowsy driving.
Long hours driving would make anyone tired. Where many of us can stop for a rest, truck drivers are under significant time crunches. Many are paid per delivery and can even get bonuses for shorter delivery times. They may even attempt to skip rest periods or sleep less to improve their times. However, choosing profit over sleep puts everyone at risk. Truck drivers are so likely to fall asleep at the wheel that the government implemented mandatory rest times. Still, drowsy driving continues to be a significant factor in truck accidents.
If you or a loved one have been injured by a truck accident caused by one of these common factors, or any others, call 561-867-4117 to speak to an expert West Palm Beach truck accident lawyer to find out how we can help you.
Click here to learn what the law says about drivers who were partially at fault for their accident.
Common Types of Truck Accident Injuries
Truck accidents frequently result in severe, traumatic injuries, or death. Those who survive an accident can be left with life-long injuries that require ongoing medical care.
If your insurance company isn’t covering your medical care, contact our expert West Palm Beach truck accident lawyers. We’ll investigate the accident and demand that your insurance honor your claim.
Common injuries our clients have suffered are:
- Head injuries, such as concussions and chronic headaches. These can lead to nausea, dizziness, vision issues, difficult concentrating, loss of motor skills, speech issues, and confusion.
- Lacerations, contusions, and fractures. The impact of a massive truck is bound to lead to some scrapes and bruises. Unfortunately, the force can result in scarring or even broken bones.
- Spinal cord injuries can significantly change a victim’s life. In their most minor form, they can lead to back aches or difficulty moving for a period of time. However, spinal injuries due to truck accidents can be severe enough to cause paralysis.
- Seat belt injuries caused by the force of a truck accident, such as bruising, internal bleeding, or whiplash.
- Internal bleeding that a victim may not notice immediately. It is imperative that you seek medical attention after a truck accident, even if you feel fine. Don’t risk a ruptured organ or significant internal injuries that could be fatal.
- Death.
What damages can I collect in a truck accident?
If you or a loved one has been injured in a truck accident, our expert West Palm Beach truck accident lawyers can help you collect damages. But what are you entitled to?
There are three main types of damages you can collect: economic damages, non-economic damages, and punitive damages. Additionally, if the accident caused the death of a loved one, you may be able to seek damages for wrongful death.
Economic damages are the most common way to recover damages after a truck accident. These damages refer to things that you had to pay for and can prove with a receipt. For example, you can collect economic damages for medical expenses, long-term medical care, property damage, substitute transportation, legal fees, and lost wages.
Non-economic damages are things you cannot prove cost you financially. Rather, they are meant to compensate you for your suffering due to the accident. These are more challenging to calculate as you do not have a receipt with the exact amount. However, an attorney can help you determine what compensation you are owed.
You can collect non-economic damages for pain and suffering, loss of enjoyment of life, scarring or disfigurement, fear or anxiety, humiliation, or physical pain.
Punitive damages are the rarest type of damages that you can collect. These can only be sought if the at-fault party was criminally negligent, fraudulent, or malicious. These damages are meant to act as a form of punishment for the liable, rather than as a compensation for the victim’s pain.
If a family member died in due to a truck accident, you may be able to collect wrongful death damages for their lost wages, loss of companionship, their medical costs, the funeral expenses, and pain they endured before they died.
Contact us to find out what kind of damages you may be owed.
When you’ve been in a truck accident, it is often more severe than a typical car accident, and the claims process looks a lot different. Since these accidents involve commercial vehicles, there are more parties that can be held responsible for your damages, including the truck driver, the trucking company, and the trucking company’s insurance provider. In rare cases, more parties can be held liable, such as the truck manufacturer.
When the trucking party is responsible for the damages, you’ll likely be contacted by the company’s insurance adjuster, who may offer you a low settlement to keep his client’s expenses down. Any commercial truck accident lawyer in West Palm Beach will tell you that you don’t have to take a less-than-acceptable settlement offer.
With the help of a leading West Palm Beach truck accident lawyer at Lytal, Reiter, Smith, lvey & Fronrath, you can negotiate the settlement outside of court to meet your actual expenses and suffering in full. If settlements outside of court don’t meet your needs, we can pursue a legal claim to recover the maximum compensation possible.
Click here to learn more about the average claim for an 18-wheeler accident.
Maximum Results for Truck Wreck Victims
Truck accidents can be devastating and often leave victims and their family members in a state of trauma. If you’re unsure of the road ahead or are having trouble deciding the best path to take after your truck accident, we can help. Our team has a history of success in claiming the compensation that truck accident victims and their family members deserve.
We are here to help you from the moment the accident happens, helping gather evidence, research, and choose the right path for your success. We are a nationally-recognized West Palm Beach personal injury firm with numerous successful truck accident case results, and we will help you win justice against large insurance companies and strong defense teams.
Using evidence, research, relevant facts, and information, we will prove that the truck driver and/or the trucking company’s negligent or wrongful act(s) directly caused the damages and harm you’re experiencing. You don’t have to travel this road alone any longer.
Truck Accident Questions and Answers
What can I do to protect my rights after a truck accident?
The best way to protect your rights after a truck accident is to contact Lytal, Reiter, Smith, Ivey & Fronrath. Our expert West Palm Beach lawyers will help you navigate the complexities of a truck accident claim.
We will advise you on what steps to take at the scene of the accident, what speech can accidentally impact your ability to file a claim, assistance dealing with insurance companies, and organize the process of filing your claim and taking it to trial.
Without a lawyer, you may make minor missteps that can prevent you from collecting the damages you’re owed. These mistakes can be anything:
- Telling the police you aren’t injured before being examined by a doctor
- Mis-remember or mis-state something in recounting the accident due to your nerves
- Say something that could bar you from making an insurance claim
- Accepting a low offer from your insurance company
- Speaking to the other party’s insurance company at length
What should I do if someone from the trucking insurance company calls me before I’ve picked a truck accident lawyer?
The best course of action is to tell the company that you’ve employed a truck accident lawyer, even if you haven’t. Immediately after the call, contact a law firm that specializes in West Palm Beach truck accidents and hire a lawyer.
Be sure that you do not do any of the following when the trucking company calls:
- Give a recorded statement to them or their insuance provider
- Sign anything they or their insurance provides you with
- Say anything that could be construed as an admission of fault
Know your rights. You do not have to speak with them without your legal representative. You do not have to respond to their questions, even simple ones such as “how are you?”. Be polite but firm, and ensure they know you have a lawyer who will speak to them for you.
What should I tell the police on the scene of a truck accident?
You will need to contact the police following a truck accident. However, you need to be careful that you don’t say anything that could ruin your ability to file a claim.
Do not:
- Admit fault
- Say you are uninjured before being examined by a doctor
- Guess or assume events
Do:
- Say when you do not remember moments or are unsure
- Cooperate and answer their questions
- Get their name and badge number
- Provide your information
- Recount the events to the best of your ability
- Seek a West Palm Beach truck accident attorney as soon as possible to help with future dealings with the police
Who can be sued in a truck accident case?
There are a number of people or organizations that can be found to be at-fault for a truck accident. Depending on the case of your accident, you may be able to seek damages from multiple sources who all played a role in the events.
You may be able to sue:
- The truck driver
- The truck company
- The manufacturer of the truck
- The owner of the goods being shipped
- The repair shop that fixed the vehicle
- Government bodies
How much does it cost to hire a truck accident lawyer?
It doesn’t cost you anything until we win your case. That means there’s no negative to hiring a West Palm Beach truck accident lawyer to assist you in getting 300% more compensation than individuals who file claims without an attorney. We’ll cover the expenses of professional investigators to read the information on the truck’s black box, to get expert witnesses, and to assist you in filing your claim. Our team is so sure of our abilities that we pay up front to provide you with the best case possible.
We only take cases that we are confident we can win. Once we accomplish this and get you the maximum compensation you’re owed, we collect a contingency fee for our services
How long do I have to file a lawsuit after a truck wreck?
Florida requires that car accident lawsuits are filed within 4 years of the accident. If you do not file within this, the statue of limitation expires and you will be unable to seek damages to help cover your medical expenses that exceed your personal injury insurance. Additionally, you may not be able to get the at-fault party’s insurance to pay for the property damage to your vehicle.
Don’t wait to file your lawsuit after a truck wreck.
What is the average car accident settlement in West Palm Beach?
Every accident case is different, with settlements varying greatly depending on the factors involved. The severity of injuries, amount of property damage, types of damage suffered, ability to pursue third-party claims, apparent negligence, and number of deaths can greatly skew the amount that you are eligible to receive for your claim.
The average settlement in Florida for a general motor vehicle accident is $15,000. However, this does not reflect the severe injuries more likely to be incurred by a truck accident in West Palm Beach.
For an estimation of what your truck accident settlement is worth, contact a West Palm Beach lawyer.