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Maximizing Damages After A Tractor-Trailer Accident


Being involved in a tractor-trailer accident can lead to long-term injuries and emotional damages, particularly if your injuries are serious. While no amount of money damages will be able to erase what you have been through, you do have the right to seek them, and they can make a difference in keeping your family afloat while you recover. Depending on the case, there are many different ways to potentially maximize those damages.

More Severe Than Auto Accidents

While road accidents always involve a risk of injury and long-term recovery, injuries sustained in a tractor-trailer accident can be far more severe than those from a crash with another private automobile simply because tractor-trailers are quite large, and can be very heavy, particularly if they are carrying a full trailer. There is simply not as much protection in an accident for the driver of an automobile as there is for a tractor-trailer driver, and it can result in long-term harm to those in the smaller vehicle.

In addition, recovering for one’s injuries in a tractor-trailer accident can be difficult and time-consuming – even more so than in a standard auto accident case. In Florida, if a person’s injuries meet a certain severity threshold, they are permitted to file suit against the person who allegedly caused them, instead of being required to seek damages via their personal injury protection (PIP) insurer. Florida is a no-fault state when it comes to auto insurance, but only for injuries where the bills can feasibly be paid by PIP coverage. Severe injuries often require far more.

Recovering Damages

It can be difficult to determine where to start after a tractor-trailer accident. If you believe that your injuries were caused by the negligence of a tractor-trailer driver, know that receiving compensation from them will be more complex than it would be to receive compensation from another private individual. Several factors affect the feasibility of filing suit, and if one can file suit, one must determine exactly who to include in the case. For example, if a tractor-trailer driver works for the same company that owns the tractor-trailer, they will likely be covered by that company’s insurance. If they do not, or if the driver owns their own vehicle, there may be more steps involved in recovering damages.

In addition, the specific nature of the case can affect liability. It is not uncommon for the injured plaintiff to bear a percentage of fault for their own injuries, for example – however, if the percentage is too high (over 50 percent), the plaintiff may not recover under Florida law. Another common example that can affect liability is a finding that more than one person or entity might have played a role in the plaintiff’s injuries, such as a maintainer or a manufacturer of parts. More defendants often means a more complex case.

Contact A Tampa Tractor-Trailer Accident Attorney

Being involved in a tractor-trailer accident can leave a person with serious injuries and emotional scars. If you have been injured in this type of crash, a Tampa tractor-trailer accident attorney from the Rinaldo Law Group can try to assist you. We are ready and willing to work hard for a positive outcome. Call our office today for a free consultation.

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