West Palm Beach Construction Vehicle Accident Lawyers
If you were involved in an accident with a construction vehicle and sustained injuries, you should call Schuler, Weisser, Zoeller, Overbeck & Baxter P.A. immediately. You might be entitled to compensation from the at-fault party, and we have the resources to help. We know state laws and the legal rights of accident victims. We can help you fight for the justice you rightfully deserve. You shouldn’t suffer any further because of the negligent actions of someone else. Let us be your advocate during this traumatic time in your life.
Construction sites require multiple types of trucks to haul heavy materials, transport dirt and gravel, and carry tools and equipment. These vehicles can improve efficiency on the job site but also cause serious injuries if they’re involved in an accident with small cars. The difference in size and weight between the two vehicles almost always results in significantly worse harm to the smaller vehicle occupants than to the truck driver.
To learn more about your legal options following a construction vehicle accident, call Schuler, Weisser, Zoeller, Overbeck & Baxter P.A. at 561.689.8180 for a free consultation with one of our West Palm Beach truck accident lawyers.
Common Construction Vehicles in West Palm Beach
You likely pass a construction site during your daily commute to work or school. When you live in an area with a growing population, more highways, buildings, and other structures are necessary to keep up with the new residents. Construction vehicles are often long, heavy, and sit high up off the ground. They also carry materials that can be hazardous if they come off the trailer or drop from the basket, such as logs, scaffolding, gravel, and other dangerous cargo.
The most common types of construction vehicles on West Palm Beach roadways are:
- Road rollers
- Dump trucks
- Cement mixers
- Crawler excavators
- Asphalt milling machines
Truck drivers must pay close attention to what they’re doing when they’re behind the wheel of a construction vehicle. These massive machines can be challenging to maneuver around sharp turns, through congested cities, and along narrow lanes. If the driver becomes distracted or makes an error, they could end up in an accident with smaller cars.
Common Causes of Accidents Involving Construction Vehicles
Sometimes, truck accidents happen because people are in the wrong place at the wrong time. It’s not necessarily because of someone’s carelessness. However, there are other times when a collision with a construction vehicle occurs because of driver error or negligence. The most common causes of construction vehicle accidents include:
- Negligent hiring – The trucking company should always perform a thorough background check on new drivers to confirm their licensing, qualifications, background, and experience. Failure to complete these checks could put a dangerous or inexperienced driver on the road.
- Lack of maintenance and repairs – Vehicle owners and companies must routinely maintain all trucks in the fleet and promptly repair the damage. Failure to keep these vehicles in good working condition can lead to a malfunction.
- Blind spots – Large trucks and construction vehicles have four blind spots: one in front, one behind, and one on either side. An accident can result from the truck driver failing to check their blind spots before turning, changing lanes, or merging onto a highway.
- Speeding – Whether exceeding the speed limit or driving too fast for weather or road conditions, speeding prevents the driver from having total control over the truck. They don’t have enough time to come to a complete stop when necessary.
- Improperly loaded cargo – Construction vehicles often carry materials needed on construction sites. They must follow federal regulations for size and weight limits and securement methods used to secure the items in the back of the truck. Overloading a vehicle could lead to uneven weight distribution, causing the driver to lose control.
- Tailgating – Following a vehicle too closely prevents the truck driver from stopping in time to avoid a rear-end collision. Trucks require a much greater stopping distance than passenger cars. According to the Federal Motor Carrier Safety Administration, a commercial vehicle traveling at 65 miles per hour needs a length of 200 yards to come to a complete stop.
- Distracted driving – Driving any vehicle, especially construction trucks, requires focus and attention. If the driver takes their hands, eyes, or focus off the task of driving for even a split second, they could end up in an accident.
If one of these or another factor resulted in your injuries from an accident with a construction vehicle, do not hesitate to get in touch with a qualified and dedicated West Palm Beach construction vehicle accident lawyer from Schuler, Weisser, Zoeller, Overbeck & Baxter P.A..
Seeking Compensation through an Insurance Claim
You might not know who you can pursue compensation from after a construction vehicle accident. The trucking company likely holds insurance for the truck drivers. Federal regulations require minimum limits depending on the weight of the vehicle and the type of cargo it’s carrying. The minimum available coverage is $300,000, and limits go all the way up to $5 million.
However, Florida is a no-fault car insurance state. That means you must turn to your insurance company for compensation before you can file a claim with the at-fault party’s insurance company. Personal injury protection (PIP) is coverage all drivers must purchase. The minimum limit is $10,000. When you file a claim, you can seek payment of your medical bills, lost wages, and other expenses up to the maximum coverage on your policy.
Once you exhaust your PIP limits, you can file a liability claim against the truck driver as long as your injury meets at least one of the elements under the serious injury threshold:
- Permanent and significant scarring or disfigurement
- Significant and permanent loss of a vital bodily function
- Permanent injury other than disfigurement or scarring
The various past and future losses you can seek are:
- Pain and suffering
- Lost wages
- Lost future earnings
- Medical bills
- Property damage
- Emotional distress
- Out-of-pocket expenses
- Loss of enjoyment of life
Schuler, Weisser, Zoeller, Overbeck & Baxter P.A. has the experience and resources to request a copy of the at-fault party’s insurance policy and determine the available liability coverage. We can file the claim on your behalf, submit the necessary evidence proving what happened, and negotiate for the full and fair settlement you deserve. While determining the monetary value of your case, we might consider these factors:
- Type of injury and how serious it is
- Emotional or psychological damage resulting from the crash
- Duration of necessary medical treatment
- Total expenses due to the injury
- Availability of evidence found during the investigation
- Impact of the accident on your daily life
- Statements made by eyewitnesses
- The estimated cost of future medical care and household assistance
- Permanent disability caused by the injury
- Time spent away from work to attend doctor’s appointments
Typically, the more severe the injury, the higher the compensation you would deserve. Your West Palm Beach construction vehicle accident lawyer will exhaust all available resources to locate the evidence that can show the other driver was responsible for the collision.
Pursuing a Lawsuit in West Palm Beach
An insurance claim isn’t your only option for recovering compensation from the at-fault party. Depending on the circumstances of your case, we might begin with a liability claim, and if the insurance company issues a denial or refuses to settle for an adequate amount, we could move forward with a lawsuit.
There is a statute of limitations you must follow. This is a strict timeframe for initiating a lawsuit. Florida has a four-year statute of limitations for motor vehicle accident cases. If you want to sue the truck driver or trucking company, you must do so before the four-year period expires. The clock starts ticking on the date of the accident, so it’s critical that you hire an experienced West Palm Beach construction vehicle accident lawyer immediately so we can start working on your case.
Speak to an Experienced West Palm Beach Construction Vehicle Accident Lawyer
At Schuler, Weisser, Zoeller, Overbeck & Baxter P.A., we believe that West Palm Beach residents deserve free legal advice. We offer an initial consultation for free, so you can discuss your case and receive the legal guidance you need. If you decide to retain our services, we can get started on investigating the accident and collecting evidence. You can feel confident knowing you’re in excellent hands as we’re pursuing compensation from the at-fault party.
We understand that no two cases are the same. We approach each client with personalized one-on-one attention to create the right plan that meets your needs and achieves your goals. Our legal team will remain by your side in the fight for justice until the very end. You will feel like a priority from start to finish of the legal process.
Schuler, Weisser, Zoeller, Overbeck & Baxter P.A. understands the financial struggles you might face after a construction vehicle accident. Medical bills, lost wages, and other costs can become a significant burden you can’t afford. We don’t want to add more expenses to your plate, which is why we work on contingency. There are no upfront fees or costs when you hire us. If we lose your case, you’ll never have to pay us any legal fees for our work.
If you suffered injuries in an accident with a construction vehicle in West Palm Beach, call 561.689.8180 for your free consultation.