How to File a Claim Against a Trucking Company

Florida is among the worst states for truck accidents. Many of these crashes are caused by negligent trucking companies, but holding motor carriers accountable can present complex challenges. Truck companies often have powerful legal teams dedicated to fighting personal injury claims. If you suffered injuries in a truck crash, an experienced attorney can explain how to file a claim against a trucking company and seek compensation for your losses.

The Daytona Beach legal team at Zimmet & Zimmet can review your case and explain your legal options in a free consultation. Call now or complete our contact form to get started.

Why Choose Our Truck Accident Attorneys?

Zimmet & Zimmet is a top-rated personal injury law firm that has successfully represented accident victims in Central Florida for over 50 years. Our Daytona Beach truck accident attorneys strive to recover meaningful compensation to help injured people regain stability in their lives and move forward.

Attorney Ron Zimmet Jr. is a life member of the Multi-Million and Million Dollar Advocates Forum ®, a professional organization limited to trial lawyers who have recovered high-value verdicts and settlements for their clients. While every client’s case is unique and outcomes vary, our case results reflect our commitment to aggressive client advocacy and seeking full and fair compensation.

Past clients often highlight our people-first approach and our dedication to achieving strong results based on each case’s unique circumstances. Patricia Inabnett writes, “I have dealt with other lawyers in the past and the only one I would ever recommend to my friends and family is Ron Zimmet. Throughout our whole ordeal, Ron and his team kept us informed and checked to see how we were doing — they seemed to really care about us as people, not just another client. If I ever have need of a lawyer in the future, be sure I will be using Zimmet & Zimmet.”

When Could a Truck Company Be Liable for a Crash?

A truck company could be liable for an accident if its carelessness or failure to follow safety regulations played a role in the collision. Some circumstances in which a trucking company could be solely or partly liable for a crash include:

• Poor hiring practices – If a trucking company hires drivers without proper licenses, training, or background checks, it may be liable for any crashes caused by those drivers.
• Improper maintenance – Federal laws require trucking companies to inspect and maintain their fleets. If worn brakes, faulty tires, or broken lights contributed to a wreck, the truck company could be liable.
• Pressuring drivers – Trucking companies sometimes encourage their drivers to meet tight deadlines by speeding or skipping federally mandated rest breaks. Violating hours-of-service regulations can significantly increase the risk of truck crashes caused by fatigued driving.
• Negligent supervision – Truck companies must monitor their drivers and enforce safety policies, particularly rules related to drug and alcohol use. Failing to address bad driving habits or repeated violations could make a trucking company liable for a crash caused by one of its truck drivers, particularly if the driver was intoxicated.
• Improper cargo loading or securement – If a truck’s load shifts or spills due to poor loading practices, the trucking company —or the party they hired to load the cargo —may be responsible.

Why You Need an Experienced Truck Accident Attorney Early On

Time is not on your side after a truck accident. Trucking companies and their insurers move quickly to protect themselves, sometimes dispatching adjusters and legal teams to the accident scene while victims are transported to the hospital for medical treatment. This early advantage gives the motor carrier and insurance company a head start on collecting crucial evidence that could support your truck accident case.

Consulting a skilled truck accident attorney as soon as possible can help close the gap. While you heal, your lawyer can initiate a thorough investigation and request evidence before it gets discarded or destroyed. Furthermore, retaining legal counsel promptly can shield you from insurers who call quickly and offer lowball settlements. Once you hire a truck accident lawyer, they can manage all communications with the insurance company and push for full and fair compensation for your injuries, medical expenses, lost wages, pain and suffering, and other losses.

How to File a Claim Against the Truck Company

The truck accident claim process involves several steps and can get complicated fast. You can do several things immediately to help protect your insurance claim if your injuries permit:

• Report the wreck – Call 911 and seek immediate medical attention before anything else.
• Exchange information – Get the insurance information from the truck driver and the drivers of any other vehicles involved in the crash.
• Get witness contact info – Their statements could provide valuable evidence for your truck accident claim.
• Contact a Florida truck accident attorney – Once your condition stabilizes, consult an experienced attorney for information about how the claims process works and how victims recover compensation.

Once you retain legal counsel, the legal claims process gets fully underway and includes:

• Investigation – Your attorney will gather evidence demonstrating the trucking company’s liability for the crash, such as the police report, truck black box data, truck driver’s logs, and company records. Your lawyer might also interview witnesses and work with crash experts to support your case.
• Case valuation – Your truck accident attorney will place an estimated value on your case after reviewing your financial and non-financial losses.
• Demand letter – This document goes to the trucking company and its insurance provider. It outlines the amount of compensation you are seeking and explains why the truck company is liable for the crash.
• Settlement negotiations – If the insurer makes a fair settlement offer, your lawyer will review it with you. If it’s not a reasonable deal, your attorney can represent you during negotiations for more compensation.
• Trial – If trucking companies refuse to negotiate, your lawyer may advise filing a truck accident lawsuit and pushing for a better outcome at trial. Most truck accident claims are resolved out of court.

Common Challenges When Suing a Trucking Company

Truck accident claims are more complex than car accident cases and present specific legal challenges.

• Evidence control – Trucking companies are not required to keep certain company records forever. If you wait months to file your personal injury claim, some valuable evidence may no longer be available.
• The trucking company’s legal team – Motor carriers are backed by aggressive insurers and defense lawyers who work hard to delay or deny claims. They could blame you for a collision or downplay your injuries to minimize their payout.
• Multiple liable parties – The trucking industry involves multiple parties who could share responsibility for a crash, not just the truck company. If the motor carrier successfully shifts blame to another party, it could affect how much compensation you’re able to recover. That’s because trucking companies often carry significantly more insurance coverage than other parties involved. Losing the ability to hold them accountable could reduce the total amount available to cover your damages.

What Types of Evidence Can Prove Your Case?

After reviewing the circumstances of your case, a knowledgeable truck accident lawyer can collect evidence that allows you to make a compelling argument for a trucking company’s negligence. For example, maintenance records may reveal that the company didn’t address known issues with a truck. Similarly, data from the truck’s electronic logging device may show that the company pressured a driver into violating driving hour limits. The more experience your attorney has with truck accident claims, the more familiarity they have with what evidence to look for.

Contact Our Truck Accident Attorneys Today

Florida truck accident victims deserve solid legal representation and maximum compensation after a wreck. If you need legal assistance with a truck accident claim in Daytona Beach, reach out to Zimmet & Zimmet today. Call now or complete our contact form for a free case review.