Lutz Truck Accident Lawyer
Semi-trucks carry hundreds of gallons of highly-flammable diesel fuel, usually in external tanks. Furthermore, their cargos weigh up to 80,000 pounds. So, when these vehicles cause crashes, the victims often suffer catastrophic injuries. Tragically, many of these victims do not survive. Some are killed almost instantly. Others linger for weeks or even months before they succumb to head injuries, severe burns, internal wounds, and other serious injuries.
Over the years, the dedicated Lutz truck accident lawyers at the Rinaldo Law Group have developed proven methods which deliver maximum compensation for serious truck crash injuries. These methods involve careful case evaluation and diligent evidence collection. We are also dedicated to our clients. We never stop fighting until we obtain the best possible result under the circumstances.
Truck Driver Duty of Care
Most noncommercial drivers have a duty of reasonable care. They must be mentally, physically, and otherwise fit to drive. When they get behind the wheel, they must focus on driving and avoid accidents when possible.
Most truck drivers and other commercial operators have a duty of utmost care. A doctor must give the driver a clean bill of health. Before departing, they must carefully inspect their vehicles and look for dangerous mechanical defects. When they get behind the wheel, they have an affirmative duty to avoid accidents.
Following distance exemplifies the difference between these two duties of care. Most noncommercial drivers must follow the two-second rule. Most truck drivers must keep at least four seconds of distance between themselves and the vehicles in front of them.
As the old saying goes, the bigger they are, the harder they fall. Since a trucker’s duty of care is higher, it’s easier for a Lutz truck accident attorney to establish negligence, or a lack of care.
Electronic Evidence in Truck Crash Claims
As mentioned, truck accidents usually cause serious personal injuries. These wrecks often cause severe physical damages as well. For example, if the wreck involves a fireball, and it often does, the flames typically destroy most physical evidence. As a result, it’s not easy to establish negligence by a preponderance of the evidence.
Note we said a serious crash affects “most” physical evidence. Electronic evidence, such as a truck’s Event Data Recorder, usually survives even the largest and hottest fireballs. Large truck ELDs are designed to withstand such damage. So, our professional team can access these gadgets and download information like:
- Steering angle,
- Vehicle speed,
- Brake application, and
- Engine RPM.
These hearty devices are also very technically sophisticated.
There are legal issues as well. Most insurance companies destroy wrecked trucks within days of an accident. If that happens, the insurance company also destroys the EDR, along with any other physical evidence the truck contains.
So, a lawyer must usually send a spoliation letter as soon as possible. This letter creates a legal duty to preserve all potential physical evidence, including the EDR, for later inspection. Judges harshly punish parties who ignore these letters.
Furthermore, Florida has very tough vehicle information privacy laws. Normally, attorneys must obtain court orders to inspect and download EDR information. Insurance company lawyers routinely and strongly oppose these moves.
The payoff is high. Electronic evidence is almost bulletproof in court, from a legal perspective. Moreover, such proof usually resonates very well with tech-savvy Hillsborough County jurors.
Connect with a Dedicated Hillsborough County Truck Accident Lawyer
If you were seriously injured because of someone else’s negligence, the insurance company’s lawyers are determined to reduce or deny compensation. So, you need an experienced Lutz truck accident attorney from the Rinaldo Law Group on your side. Call us today for a free consultation.
