Why Trust Wooten, Kimbrough, Damaso & Dennis, P.A. with Your Orlando Truck Accident Case?
Choosing the right Orlando truck accident lawyer can make a significant difference in the outcome of your case. Here’s how our Orlando personal injury law firm stands out:
- Proven Track Record: We’ve recovered millions of dollars for our clients and have established ourselves as trusted advocates for truck accident victims, including both local residents and tourists.
- No Win, No Fee: Our firm operates on a contingency fee basis, meaning you don’t pay unless we win your case.
- Extensive Experience: We’ve helped the injured since 1966 and have the knowledge and resources to fight for the fair compensation you deserve, whether you’re dealing with catastrophic injuries, wrongful death, or the complexities of Florida’s no-fault insurance laws.
- Deep Knowledge of Insurance Processes: Navigating the complexities of insurance claims can be challenging, whether you’re a local resident or a visitor unfamiliar with Florida’s no-fault system. Our deep understanding of insurance company processes allows us to advocate strongly on your behalf, ensuring that your rights are protected.
- Expert Negotiators: Our Orlando personal injury attorneys have extensive experience in dealing with insurance companies and their tactics to minimize payouts, ensuring you receive the maximum compensation possible.
- Comprehensive Case Handling: We handle all types of auto accident cases, from rear-end collisions to complex rollover accidents, with a deep understanding of Orlando’s unique driving challenges.
- Support for Tourists and Visitors: Orlando is a major tourist destination, and we frequently assist out-of-town visitors who have been involved in truck accidents while on vacation. Whether you live in Florida or are visiting from another state or country, our team is equipped to manage your case efficiently and effectively, even after you’ve returned home.
- Holistic Support: We understand that auto accidents can have far-reaching consequences beyond physical injuries. Many accident victims experience emotional trauma, anxiety, and financial stress. Our attorneys provide compassionate guidance to help you navigate these challenges.
- Personalized Legal Representation: We pride ourselves on our commitment to our clients and our ability to deliver results. We tailor our legal representation to your unique needs, offering aggressive advocacy and compassionate support through every step of the process.
- Experience with Various Types of Accidents: Our experience extends beyond car accidents to include motorcycle, commercial vehicle, truck, bicycle, and pedestrian accidents, allowing us to provide comprehensive representation no matter the circumstances of your case.
- Specialized Knowledge: Our attorneys bring specialized knowledge in handling cases involving Lyft, Uber, and other ride-sharing services, as well as delivery trucks and taxis, ensuring all aspects of your accident are thoroughly addressed.
We pride ourselves on our commitment to our clients and our ability to deliver results. We understand the challenges that Orlando Truck Accident victims face, and we are dedicated to providing personalized legal representation tailored to your unique needs.
Contact us today for a free consultation by calling (407) 843-7060 or filling out our contact form if you’ve been injured in a car accident in Central Florida.
Florida is the third biggest trucking state in the country. According to the U.S. Bureau of Labor Statistics, Florida employed 105,730 truck drivers as of May 2024. With so many of these vehicles traveling through Florida highways and interstates on a daily basis, there’s an added danger to other cars on the road.
After all, crashes with vehicles of such weight, mass, and force can be far more devastating and complicated than standard passenger cars. Because truck accident cases are often complex, they require a knowledgeable and skilled Orlando truck accident lawyer to help you file a lawsuit. The opinions of expert witnesses, effective use of discovery, and an immediate and thorough investigation of the accident scene are all vital to your injury claim. The personal injury attorneys in Orlando at Wooten, Kimbrough, Damaso & Dennis, P.A. can help.
What Damages Are You Entitled To After a Truck Accident?
When you’re involved in a truck accident, the types of compensation you’re entitled to can significantly help you recover physically, emotionally, and financially. Truck accidents often result in severe damage due to the size and weight of these vehicles, which can lead to more complicated and high-stakes claims. Understanding what damages you can claim is crucial for receiving the compensation you deserve.
Medical Expenses: First and foremost, if you are injured in a truck accident, you should be compensated for all medical expenses. This includes costs incurred immediately after the accident and any future medical treatments you may need as a result of your injuries. Truck accidents can result in serious injuries such as disfigurement, permanent impairment, traumatic brain injuries, back and neck injuries, broken bones, and burns. Compensation can cover hospital stays, surgeries, medications, physical therapy, and any long-term care required.
Lost Wages and Earning Capacity: If your injuries prevent you from working temporarily or permanently, you can claim lost wages. Additionally, if your ability to earn in the future is compromised, you may be entitled to compensation for lost earning potential. This considers your current job, potential career growth, and the impact your injuries have on your capacity to work.
Property Damage: Truck accidents often result in significant damage to vehicles and other property. Compensation for property damage includes repairs or the replacement value of your vehicle and any other belongings damaged in the crash.
Pain and Suffering: You are also entitled to compensation for pain and suffering, which covers the physical pain and emotional distress caused by the accident. This includes ongoing discomfort, fear, depression, and a reduced quality of life.
Punitive Damages: In cases where the truck driver or trucking company’s negligence was particularly reckless, you might be eligible for punitive damages. These are not related to your direct losses but are intended to punish the at-fault party and deter similar negligent behavior in the future.
Loss of Enjoyment of Life: If your injuries prevent you from enjoying your daily activities and hobbies, you can seek compensation for loss of enjoyment of life. This acknowledges the impact of the accident on your ability to live as fully as you did before the incident.
Each truck accident case is unique, and the damages you may be entitled to can vary based on the specifics of your situation. It’s advisable to consult with a skilled attorney who can assess your case and help you understand all potential damages you can claim. A legal professional will guide you through the complex process of truck accident claims, ensuring you receive the maximum compensation available for your losses.
Understanding Liability and Proving Fault in Truck Accidents
Establishing liability after a truck accident in Central Florida involves a complex legal process, requiring the expertise of experienced attorneys. It is crucial to understand the importance of taking immediate action and gathering evidence to support your truck accident claim.
Determining Responsibility After a Truck Accident
To prove that a truck driver or associated party was at fault, it must be demonstrated that they owed a duty of care, breached this duty through negligent actions, and caused the accident leading to your injuries and losses. This includes considering the roles of not just the truck driver but potentially other parties such as the trucking company, manufacturers, and even other drivers involved in the accident.
Vicarious Liability in Truck Accident Claims
The concept of vicarious liability extends responsibility for the accident beyond the driver to include the trucking company. Proving vicarious liability involves demonstrating that the driver was acting within the scope of their employment and that the accident was foreseeable. This highlights the importance of comprehensive investigations and collecting evidence that supports the claim.
The Role of Expert Witnesses in Truck Accident Claims
Expert witnesses play a pivotal role in truck accident claims, offering specialized knowledge that can help clarify the circumstances of the accident, the extent of injuries, and the technical aspects of truck operations. The types of expert witnesses can range from accident reconstructionists and medical experts to mechanical experts and safety investigators, each providing critical insights that can bolster your claim.
What Are the Most Common Types of Truck Accidents in Orlando?
Truck accidents can occur for a wide variety of reasons, including careless truck drivers, improper vehicle maintenance, and the failure of passenger cars to maneuver around bigger vehicles. Here are a few of the most common types of accidents you may encounter:
- Jackknife : Semi-trucks and tractor-trailers have two parts: the cab and the trailer. A hitch, which sits below the forward area of a trailer and connects with the cab, is a movable joint that pivots whenever a truck makes a turn. A jackknife accident occurs when a truck folds in on itself at the point of separation.
- Wide turn collisions : When a driver first steers or “swings” left to make a right turn, it’s known as a wide turn. If the driver isn’t aware of rear traffic or the right-side surroundings, it can trap vehicles and injure passengers or pedestrians.
- Truck rollovers : When a truck driver travels around a curve, swerves into another lane, or enters or exits a highway ramp too fast, centrifugal force can cause the truck to roll over. Truck rollover accidents are sometimes preventable and are most often caused by speeding, driver distraction or inattention, overly aggressive or reckless steering, overturning, and unsafe loading of the tractor-trailer.
- T-bone accidents : “T-bone” is a nickname for a broadside collision, which occurs when the front of one vehicle collides into the side of another, forming the shape of a T. T-bones are common at intersections but can happen throughout other areas of road, including highways.
- Tire blowout : While the tires of any vehicle can blow out, large commercial trucks are especially vulnerable to tire failure. In fact, it’s not uncommon to see the remains of tire blowouts—shreds of back rubber on the shoulder or in the middle of the lane—across major roadways throughout the United States.
- Underride accidents : If a truck stops too quickly, smaller vehicles behind it can get lodged under the trailer. These types of truck crashes are among the most fatal accidents on the road.
- Rear-end crashes : Rear-end collisions are relatively common among all types of vehicles, including trucks. Often, these accidents result in fender benders. Yet, when a heavy truck is involved, the crash can sometimes result in catastrophic injuries and even death.
Truck accidents can be the result of a variety of factors, including bad weather, road conditions, untrained or inexperienced drivers, overloaded cargo, poor maintenance, and negligent driving. If you’ve been in an accident involving a truck, it’s crucial that you hire an experienced Orlando truck accident attorney who can help you secure the compensation you need to pay for medical bills, property damage, lost wages, psychological trauma, and any other damages associated with the crash.
Common Personal Injury Claims in Truck Accidents
Truck accidents often result in severe injuries due to the massive size and weight of commercial vehicles. These injuries not only require immediate medical attention but often entail long-term medical treatment and rehabilitation.
The most common injuries sustained in these accidents include:
- Traumatic Brain Injuries (TBI): Resulting from the head being violently shaken or striking an object, TBIs can range from mild concussions to severe brain damage.
- Spinal Cord Injuries: These can lead to partial or complete paralysis, significantly impacting a victim’s quality of life.
- Broken Bones and Fractures: The force of a truck collision can easily break bones, sometimes requiring surgery and leading to long-term disability.
- Internal Injuries: Damage to internal organs and internal bleeding are common in high-impact crashes and can be life-threatening.
- Cuts and Lacerations: Glass, metal, and other debris can cause serious cuts that might require surgical intervention to heal properly.
- Whiplash and Other Soft Tissue Injuries: These injuries, while sometimes less visible, can cause chronic pain and mobility issues.
Steps to Take after an Orlando Truck Accident
If you’ve been involved in a truck accident in Orlando, it’s crucial that you understand what to do following the crash. Promptly dealing with the insurance company is essential, as they play a significant role in handling claims and can present challenges. While there’s no concrete playbook of procedures that apply to every situation, there are a few more general guidelines that you may want to consider. These include the following:
Remain at the Scene and Call the Police Immediately
Just after the crash, you may be confused and frazzled. However, it’s important to quickly regain your senses and call 911. Let the dispatcher know that you’ve been in an accident and inform them of any injuries you sustained or any other information that seems pertinent to the accident. The dispatcher will then route your call to the local law enforcement agency and emergency responders. Once the police arrive, they’ll not only be able to help divert traffic and clear the wreckage, but they’ll be able to write a police report, which is one of the most important elements in an ensuing personal injury investigation and insurance lawsuit.
Seek Medical Attention from Emergency Responders
Even if you don’t think you’re hurt, get a medical evaluation for yourself and your passengers. It’s possible that you may have suffered injuries that don’t show immediate symptoms. If you don’t receive treatment at the crash scene or aren’t immediately transported to the hospital, visit your doctor as soon as possible after the accident to determine if you need any care. An official medical report can help uncover and document any immediate or late-onset injuries associated with the accident, which will be instrumental during the subsequent lawsuit.
Collect Information and Gather Evidence
It’s important to exchange information with the other parties while at the crash scene because once they leave, it can be hard to track them down. Likewise, try to take pictures of the collision scene while you’re still on-site, which can help your lawyer put the pieces together during the investigation. In addition to documenting damage to your vehicle, remember to also take pictures of any other vehicles involved in the accident, road signs, skid marks, visible bodily injuries, or anything else that might be useful. Likewise, it may also help to take notes as the events of the crash are easy to forget in the weeks and months that follow.
Track Down Witnesses
Witnesses may be called upon to testify in your case. It’s vital, with this in mind, that you always check for witnesses at the scene of the accident. This may involve collecting a witness statement yourself or asking for their contact information if additional details about the accident are needed. Note that you can also check the accident report to see if the responding officer interviewed any witnesses.
Avoid Common Mistakes
Post-accident actions are crucial in preserving the integrity of your claim. Common mistakes, such as admitting fault, failing to seek immediate medical attention, or inadequately gathering evidence at the scene, can severely impact your ability to secure fair compensation. It’s essential to approach these situations with caution, ideally under the guidance of a qualified attorney.
Contact a Truck Accident Lawyer
Perhaps most importantly, it’s crucial that you get in touch with an experienced group of truck accident attorneys like those at Wooten, Kimbrough, Damaso & Dennis, P.A. We may be able to help you execute these steps, including determining fault, calculating damages, and filing a claim. After we meet with you one-on-one, we’ll proceed with an investigation that looks at the facts of your case and the circumstances that led up to the crash. Our ultimate goal is to get you the compensation you deserve for any medical bills, lost wages, property damage, and psychological trauma associated with the accident.
Five Important Questions to Ask a Truck Accident Lawyer
If you’ve been injured in a truck accident, you may be entitled to compensation for the damages you suffered. However, pursuing compensation by yourself is a lot to ask, particularly when you’re in pain and trying to recover from your injuries. Fortunately, you may be able to hire a truck accident attorney to manage the aspects of your claim and take actions that are in your best interest. When going about choosing a lawyer, it’s essential to ask the following questions:
1. Where Are You Licensed to Practice Law?
It’s vital to hire an attorney who’s licensed in the state you live in or the state where the accident occurred. To practice law, your attorney must be licensed by the state’s bar association.
2. What Are Your Legal Fees?
It’s important to hire an attorney that works with your budget and expectations. Attorneys can charge a flat fee, an hourly rate, or a contingency fee they don’t collect unless they win your case.
3. What’s Your Experience in Handling Truck Accident Cases?
Commercial truck or semi-truck accident cases are complex and involve multiple parties. Trucking companies have unlimited legal resources at their disposal and will use almost any means necessary to diminish driver liability. The sooner you hire an experienced commercial truck accident attorney in Orlando to defend your rights, the stronger your truck accident case will be.
4. What Investigative Work Will Your Team Be Doing on My Case?
An experienced Orlando truck accident attorney will likely work to obtain the following:
- Evidence from the accident scene such as skid marks, debris, and any obstructions
- Statements from witnesses and emergency personnel
- The trucking company’s documents, which can include the driver’s qualification documents or credentials, vehicle inspection and maintenance forms, hours of service logbooks, truck driver deadlines, and more
- Evidence that looks at circumstances such as the state of the road at the time of the crash, the weather conditions, whether driver fatigue was a factor in causing the accident, or whether the truck was improperly loaded or overweight
5. What Documents Should I Bring to My Initial Consultation?
It’s important that you bring any medical records, witness contact information, pictures of damage, and any accident reports given to you at the scene of the crash. At this point, an experienced lawyer, like those at Wooten, Kimbrough, Damaso & Dennis, P.A., can help you determine the next steps.
Frequently Asked Questions About Truck Accident Claims in Orlando, FL
How is fault determined in a truck accident case in Orlando?
Fault determination in Orlando truck accident cases involves examining multiple factors including police reports, witness statements, traffic violations, and physical evidence from the crash scene. When a truck driver rear-ends another vehicle, violates Florida traffic laws, or admits responsibility, fault is often clear. However, many cases require deeper investigation into Federal Motor Carrier Safety Administration (FMCSA) violations, such as hours-of-service breaches, improper maintenance records, or falsified logbooks. Our Orlando truck accident attorneys analyze electronic logging device data, truck “black box” information, driver qualification files, and company safety records to establish liability. Because commercial trucks must follow strict federal regulations regarding driver qualifications, maintenance schedules, and weight restrictions, violations of these rules provide strong evidence of negligence. Contact us through our online form for a free case evaluation to discuss how we can prove fault in your Orlando truck accident claim.
What is the statute of limitations for truck accidents in Orlando?
In Florida, you have two years from the date of your truck accident to file a personal injury lawsuit, however, the time frame is dependent on the unique details and factors surrounding your specific case. Wrongful death cases involving truck accidents must be filed within two years from the date of death, not necessarily the accident date. Recent changes to Florida law make these deadlines even more critical, as missing the statute of limitations permanently bars your claim—meaning you lose your right to compensation forever. For truck accident cases specifically, early action is crucial because evidence like electronic logging data, maintenance records, and surveillance footage can be destroyed or lost over time. Trucking companies often begin building their defense immediately after a crash, sending investigators and lawyers to the scene within hours. If government vehicles are involved or your case has unique circumstances, different deadlines may apply. Our Orlando truck accident lawyers recommend contacting an attorney immediately after your accident to preserve evidence, protect your rights, and ensure you don’t miss critical filing deadlines.
What makes semi truck accident cases different from regular car accidents in Orlando?
Semi truck accident cases in Orlando involve significantly greater complexity than typical car accidents due to several critical factors. First, the sheer physics of an 80,000-pound commercial vehicle creates catastrophic injuries and damages far exceeding standard auto accidents—often resulting in traumatic brain injuries, spinal cord damage, or wrongful death. Second, liability is complicated because multiple parties may be responsible: the truck driver, trucking company, cargo loader, maintenance provider, truck manufacturer, or third-party contractors. Third, commercial trucks fall under extensive Federal Motor Carrier Safety Administration (FMCSA) regulations governing driver qualifications, hours of service, maintenance schedules, and safety requirements—violations of which provide strong evidence of negligence. Fourth, trucking companies carry much higher insurance policies, typically $750,000 to $5 million or more, compared to Florida’s minimum $10,000 PIP coverage. Finally, trucking companies have teams of lawyers and insurance investigators who deploy immediately after accidents to build their defense. Our Orlando truck accident attorneys have specific experience navigating these complexities, including obtaining and analyzing black box data, driver logs, maintenance records, and corporate safety policies to identify all responsible parties and maximize your compensation.
How long do truck accident claims take to settle in Orlando?
The timeline for Orlando truck accident settlements varies significantly based on your case’s unique circumstances, but most cases resolve within 6 months to 2 years. Simple cases with clear liability and moderate injuries may settle within a few months, while complex cases involving catastrophic injuries, disputed fault, or multiple parties can take well over a year. Several factors affect your timeline: the severity of your injuries (you should wait until reaching maximum medical improvement to understand full costs), the insurance company’s willingness to negotiate fairly, the complexity of liability investigation, the number of parties involved, and whether trial becomes necessary. Florida law requires insurance companies to pay settlements within 20 days once an agreement is reached, but reaching that agreement takes time. Our Orlando truck accident lawyers work aggressively to expedite your case while ensuring you don’t accept a premature lowball settlement that fails to cover your long-term medical needs and damages. We understand you need compensation quickly to pay medical bills and replace lost income, which is why we conduct thorough investigations immediately, maintain constant pressure on insurance companies, and prepare for trial from day one to position your case for the best possible outcome.
What compensation can I recover after a truck accident in Orlando?
Orlando truck accident victims can recover both economic and non-economic damages for their losses. Economic damages include current and future medical expenses (emergency care, surgeries, hospital stays, physical therapy, prescription medications, medical equipment), lost wages from missed work, lost earning capacity if you can’t return to your previous job, property damage to your vehicle and personal belongings, out-of-pocket expenses like transportation to medical appointments, and household services you can’t perform due to injuries. Non-economic damages compensate for pain and suffering, emotional distress, anxiety, depression or PTSD, disfigurement and scarring, loss of enjoyment of life, and loss of consortium (impact on relationships). In wrongful death cases, families can recover funeral and burial expenses, lost financial support, lost companionship and guidance, and the deceased’s conscious pain and suffering before death. Punitive damages may be available in cases of gross negligence, such as drunk driving or willful safety violations, though these are rare and capped under Florida law. Because commercial trucks typically carry insurance policies of $750,000 to several million dollars, recovery amounts can be substantial. Our Orlando truck accident attorneys work with medical professionals, economists, and life care planners to calculate the full value of your claim, including future medical needs and lifetime earning capacity losses.
Do I need a lawyer for my Orlando truck accident case?
While Florida law doesn’t require you to hire a truck accident lawyer, attempting to handle your case alone puts you at a severe disadvantage against well-funded trucking companies and their aggressive insurance teams. Trucking companies deploy lawyers and investigators immediately after accidents to build their defense, gather favorable evidence, and minimize their liability. Without legal representation, you risk accepting lowball settlement offers that don’t cover your long-term medical needs, making mistakes that damage your claim, missing critical filing deadlines, failing to identify all responsible parties and insurance policies, losing access to crucial evidence that gets destroyed, and not understanding the true value of your case. Our Orlando truck accident attorneys level the playing field by conducting independent investigations, obtaining and analyzing complex evidence like electronic logging data and black box information, identifying all liable parties and available insurance coverage, negotiating aggressively with insurance companies who know we’re prepared for trial, and ensuring you don’t settle for less than your case is worth. We work on a contingency fee basis—you pay no upfront costs and no attorney fees unless we recover compensation for you. Our fees come as a percentage of your settlement or verdict, meaning we’re motivated to maximize your recovery. Contact our Orlando office today through our online form for a free consultation to learn how we can help you navigate this complex legal process and fight for the full compensation you deserve.
Get Personalized Legal Help
Since 1966, our board-certified attorneys have personally handled thousands of injury cases with exceptional care and attention. Each case receives collaborative support from our entire team.
Contact the Experienced Truck Accident Lawyers in Orlando, FL at Wooten, Kimbrough, Damaso & Dennis, P.A.
If you’ve been involved in a truck accident in or around the Orlando area, it’s crucial that you get in touch with a knowledgeable truck accident lawyer as soon as possible. In cases of trucking accidents, seeking legal help promptly is essential to ensure your rights are protected and to navigate the complexities of insurance and compensation. Fortunately, the skilled and professional attorneys at Wooten, Kimbrough, Damaso & Dennis, P.A. have helped the injured since 1966 hold negligent parties responsible for the damage they’ve caused and are dedicated to helping victims in your shoes. We’re committed to serving our clients and standing up to powerful insurance companies and deep-pocketed adversaries.
The best-in-class Orlando, FL truck accident attorneys at Wooten, Kimbrough, Damaso & Dennis, P.A., have experience assisting those who’ve been involved in truck crashes and may be able to help you retain the compensation you deserve. Our legal professionals are compassionate agents with a depth of experience fighting for the rights of those who need it. For help protecting your interests, call us for a free consultation at (407) 843-7060 or complete our online contact form today.
Legally Written and Reviewed by a Managing Partner
Wooten, Kimbrough, Damaso & Dennis, P.A.
Our content is written and reviewed by our founding attorneys Butch Wooten, Orman Kimbrough, Mike Damaso, and Tom Dennis. Helping the injured since 1966, they’ve successfully handled thousands of personal injury cases across Florida. Whether you’re a Florida resident or an out-of-state visitor injured in Florida, we’re dedicated to providing clear and reliable information to help you navigate your legal options confidently.