Kendall Truck Accident Lawyer
The ongoing truck driver shortage is expected to get worse before it gets better. Experts believe that, by 2030, the industry will need 160,000 new drivers. This shortage requires current operators to drive longer distances, carry larger loads, and meet tighter deadlines. Not coincidentally, the number of large truck accidents has increased 50 percent over the last decade. As the crisis continues, safety watchdog agencies, like the Federal Motor Carrier Safety Administration, have passed industry-friendly rules that put more people at risk.
In contrast to FMCSA bureaucrats, the dedicated Kendall truck accident lawyer at the Morgan Law Group is committed to injury victims. This commitment begins with a thorough case evaluation and does not end until we obtain maximum compensation for your serious injuries. This commitment also extends outside of the courthouse, to the statehouse. Our Kendall truck accident lawyers routinely push for victim-friendly laws and rules that protect people, even if shipping and transportation companies must sacrifice some of their precious profits.
What Causes Truck Crashes?
Long hours and tight deadlines contribute to many truck crashes. Truck driver pay scale comes into play as well. Most drivers get paid by the mile, not by the hour. As a result, they often take risks behind the wheel, such as:
- Aggressive Driving: Since large trucks are so big and heavy, a tiny bit of excessive speed usually has devastating consequences. Speed increases the risk of a wreck and the force in a collision. Speed multiplies stopping distance (the distance vehicles travel after their drivers see hazards) and the force in a collision.
- Impaired Driving: The pressures of truck driving often cause drivers to stay on the road too long. Driving after eighteen consecutive awake hours is like driving with a .05 BAC level. That’s above the legal limit for truckers in Florida. Additionally, some truckers use amphetamines or other drugs as they drive.
Frequently, a pre-existing condition contributes to driver impairment. Fatigue is a good example. Mostly because they sit so much, many truckers have sleep apnea and they do not get deep, restful sleep. As a result, they wake up fatigued almost every morning.
In court, an insurance company cannot use a pre-existing condition or other vulnerability as an excuse to reduce or deny compensation. But a Kendall truck accident lawyer can use a pre-existing condition to help establish negligence, or a lack of care, at least in most cases.
Kendall Truck Accident lawyers and Liability Issues
Negligence is easier to prove in these matters because the duty of care requires truck drivers to affirmatively avoid accidents. For example, when trucks enter intersections, they cannot proceed through the intersection without looking both ways to ensure the path is clear.
There’s a difference between easy and easier. A Kendall truck accident lawyer must still establish negligence by a preponderance of the evidence, or more likely than not. The evidence must be strong enough to not only build a basic case, but also refuse insurance company defenses. Houses built on sand wash away when it rains.
Comparative fault might be the most common insurance company defense in truck crash claims. This doctrine basically shifts the blame for an accident from one party to the other one (e.g. Sally was speeding and Jimmy was drunk). Florida is a pure comparative fault state. Even if a victim was 99 percent responsible for an injury, the tortfeasor is responsible for a proportionate share of damages.
Reach Out to a Kendall Truck Accident Lawyer
Injury victims are entitled to substantial compensation. For a free consultation with an experienced Kendall truck accident lawyer, contact Spencer G. Morgan, Attorney at Law. The sooner you reach out to us, the sooner we start working for you.