May Newsletter I 813-739-1776 I
Why a Commercial Truck Accident Should Not Be Left Unchallenged
When we get behind the wheel of our car or minivan, we usually do not think about the possibility of being in an accident. It would be terrifying to do so, and yet, unfortunately, we, or someone we care about, can easily become a data point on the Florida Department of Highway Safety and Motor Vehicles’ (DHSMV) statistics. The recent data collected by the DHSMV is sobering, indeed. During the first 3.5 months of 2019, there were over 13,000 commercial vehicle crashes in Florida alone, and year-over-year, we continue to see an increase in accidents, injuries, and fatalities.

Commercial vehicle accidents often cause more serious injuries due to the size and weight imbalances of the two (or more) vehicles involved. Additionally, when a truck driver is at fault, factors such as poor training, fatigue, and even substance use or abuse while on the road, may be involved. Due to the potential negligence of the driver, or others connected to them, as well as the potential for serious and lasting injuries, such accidents should never be left unchallenged. Not only may you receive compensation to offset the costs of medical treatment, lost wages, and vehicle repair or replacement, your case may cause a driver or company to change their training or on-the-job behaviors, which could prevent others from being harmed in the future.

Florida has a four-year window for filing a personal injury claim in civil court. While this may feel like a long time, the years can pass very quickly, especially if injuries are lasting and require significant time and attention for healing. Aside from not losing track of time, a key advantage to filing within weeks or months, instead of years, is that the memories of those involved in the accident, as well as the people who witnessed it, are still fresh. Collecting written statements from witnesses, along with police reports, medical records, and statements from the paramedics and doctors involved, will be easier, and the information will be more complete.

Court cases can feel overwhelming to victims both for their complexity and duration. When a claim involves a commercial truck, determining liability and negligence takes time and involves many factors that do not apply when only common vehicles are involved. A truck accident scene investigation needs to be conducted, and the truck driver’s license, medical certificate, drug and alcohol screenings, and logbook will have to be reviewed. Lawyers will also consider the role the employer may have played, as well as potential issues with the cargo company and the truck manufacturer.

Despite the complexities and daunting process, victims and their families should not hesitate to contact an experienced and trusted attorney to challenge a commercial truck accident. The benefits for those immediately impacted, as well as to the greater community, far outweigh the short-term stress of proceeding with a claim. The right attorney will shoulder as much of the burden as possible and will give you the peace of mind your interests are being well represented. 

If you, or a loved one, have been injured in an accident contact Tison Law Group for a free consultation today.
Tison's Tip
In a commercial vehicle accident, the company involved is going to have its investigation and litigation team ready. Make sure you get your team together in order to properly investigated the accident and any potential liability.
  Monthly Spotlight - Paul L. Figueroa
Paul L. Figueroa was raised in Hillsborough County Florida. He graduated from Brandon High School where he was a Varsity Letterman for BHS’s nationally recognized wrestling program. After high school, Paul attended Florida State University and the University of South Florida. While in undergraduate school, Paul was a member of Theta Chi Fraternity and majored in Political Science. Paul received his J. D. from Florida Coastal School of Law in 2008. In his last semester of law school, Paul worked as a Certified Legal Intern with the 13th Judicial Circuit Office of the Public Defender, where he was assigned to represent juveniles charged with Misdemeanor Offenses. After being sworn in as a member of the Florida Bar, Paul joined the 13th Judicial Circuit Office of the Public Defender.

Over the next eight years Paul zealously and professionally represented indigent clients charged with a multitude of offenses. During his eight years at the Office of the Public Defender, Paul rose to the level of Felony Division Chief and was lead counsel in over seventy-five jury trials, including offenses ranging from DUI, Sex Offenses, Drug Possession and Trafficking, Homicides as well juveniles charged as adults. In addition, Paul attended numerous certified legal education seminars, including the Gerald T. Bennett Prosecutor/Public Defender Trial training Program, and Advanced Defender College. Paul joined the Tison Law Group in January 2017 looking to support his family and take on the professional challenges that private practice has to offer. Read More

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