The First Steps Your Attorney Makes in a Florida Truck Accident Case

Truck accidents are among the most tragic accidents. Due to the massive size of commercial trucks, truck accidents often lead to severe injuries, extensive property damage, and even death. After a Florida truck accident, one of the best decisions you can make is hiring a skilled truck accident attorney. But what exactly happens after you hire an attorney? Understanding the steps your truck accident attorney will take from day one can offer clarity and allow you to move on with confidence.

Below are the critical first steps your Florida truck accident lawyer will take once you hire them.

1.     Securing Evidence

Immediately after agreeing to represent you, your attorney will work with their team to gather and preserve crucial evidence. This is a time-sensitive step in truck accident cases, as evidence can quickly disappear. Your attorney will draft and send a spoliation letter to the trucking company. This legal document will inform the trucking company of its legal obligation to preserve all evidence related to the crash.

A spoliation letter can seek to preserve different types of evidence, including;

• The truck’s black box data
• Inspection and maintenance records
• Driver logbooks
• Employment and training records for the truck driver

2.     Identifying Liable Parties

Next, your attorney may work with experts, review the evidence, and talk to witnesses to determine all potentially liable parties. Truck accident cases are more complex than other cases, as they may involve multiple liable parties, including;

• The truck driver
• The trucking company
• A third-party maintenance company
• Cargo loaders
• Manufacturers of the truck and suppliers of the truck parts

Identifying all potentially liable parties is crucial for maximizing your compensation.

Note: Florida follows a modified comparative negligence rule codified in Florida Statutes section 768.81. Under this law, you cannot seek compensation if your fault for the accident exceeds 50%. And if you are less than 51% to blame, your compensation will be reduced.

3.     Building a Strong Case

After preserving evidence and identifying all potentially liable parties, your attorney will move to building a compelling case. They will review the evidence, analyze all the facts, and may work with experts such as accident reconstructionists and medical professionals.

4.     Sending Demand Letters

Your lawyer will then draft and send a demand letter to the liable party’s (or parties’) insurance company (or companies). In Florida, a demand letter outlines;

• The facts of the accident
• The evidence supporting liability
• Your damages
• A specific dollar amount you are seeking

Demand letters set the tone for negotiations.

5.     Negotiating With Insurance Companies

It is not uncommon for insurance companies in truck accident cases to try to minimize or even deny liability. A skilled attorney can handle negotiations and protect you from the tactics these companies use. Your attorney can fight to ensure you recover the compensation you deserve.

If you don’t reach a fair settlement, your attorney can file a lawsuit and take your case to court. It’s vital to note that under Florida Statutes section 95.11, you have two years to file your lawsuit.

Contact a Tampa Truck Accident Attorney

Our Tampa truck accident attorneys at The Pendas Law Firm can help you deal with the aftermath of a truck accident. Contact us today to schedule a consultation and start working on your case.

The Pendas Law Firm also represents clients in the Ocala, Orlando, Miami, Jacksonville, Bradenton, Daytona Beach, West Palm Beach, Fort Myers, Fort Lauderdale, Naples, and Melbourne areas.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html