Countless commercial trucks travel Florida’s highways daily to deliver goods and keep our economy running. While these massive vehicles and their drivers provide an essential service, they can also pose a significant risk to other motorists, especially when mechanical failures occur. In Florida, victims of truck accidents caused by malfunctioning parts have the right to pursue compensation for their injuries, emotional distress, and financial losses. However, navigating the legal process on your own can be overwhelming.
At Wooten, Kimbrough, Damaso, and Dennis, P.A., our attorneys have over a century of experience helping truck accident victims pursue damages for the full extent of their injuries and other losses. We understand the unique challenges of recovering from a severe accident and will handle every aspect of your claim as you focus on healing and recovery. When you retain one of our highly-qualified attorneys, you can have peace of mind your case is in the dependable hands of a seasoned legal professional.
Possible Compensation Available After a Truck Accident Caused by a Mechanical Failure
Although Florida follows a no-fault insurance system, you have the right to pursue damages from the party responsible for the truck’s mechanical failure through a lawsuit if your injuries are permanent or disabling. Your attorney can investigate your case to determine the best path forward to pursue compensation for your injuries and other losses. A few types of damages our experienced attorneys may be able to help you secure include the following:
- Current and future medical expenses
- Lost wages and earning potential
- Significant disfigurement or disability
- Emotional trauma
- Loss of enjoyment in life
- Property damage
- Pain and suffering
Shortly after your accident, you will likely be contacted by the insurance company, which offers a quick settlement to compensate you for your injuries. Unfortunately, the insurance company often does not have the best interests of accident victims in mind and may try to offer you the lowest amount possible for your injuries and other losses. Your attorney can negotiate with the insurance company on your behalf to protect your rights and the full value of your claim.
Proving Liability in a Mechanical Failure Truck Accident Claim
When one of our talented attorneys takes your case, we will conduct a thorough investigation into the cause of your accident to determine all liable parties. Depending on the circumstances surrounding your claim, the trucking company, truck driver, and parts manufacturer may all bear some responsibility for your injuries. During our investigation, we will work to collect evidence to support your claim, including the following:
- Photos and videos of the accident scene and your injuries
- Witness testimonies
- Cell phone records
- The truck’s black box data
- The trucking company’s inspection records
- The truck driver’s service record
- Police reports
At Wooten, Kimbrough, Damaso, and Dennis, P.A., we understand that every truck accident is unique and will individualize our approach to your case as we fight for the best possible outcome on your behalf.
Discuss Your Case With a First-Class Attorney at Wooten, Kimbrough, Damaso, and Dennis, P.A.
If you have been injured due to a commercial truck’s mechanical failure, do not hesitate to contact the talented attorneys at Wooten, Kimbrough, Damaso, and Dennis, P.A. We understand how stressful and confusing the aftermath of a truck accident can be and are here to support and guide you through every step of the legal process. Our award-winning attorneys have a proven track record of successfully recovering the maximum compensation available for our clients’ injuries and other losses and are ready to apply their knowledge and experience to your case.
To learn more about our services, schedule a free consultation today by completing our contact form.
Frequently Asked Questions About Truck Accident Mechanical Failure Claims
What types of mechanical failures commonly cause truck accidents in Florida?
Common mechanical failures that can lead to truck accidents include brake failure, tire blowouts, steering system defects, faulty lighting, engine malfunctions, and cargo securement failures. These defects may stem from inadequate maintenance by the trucking company, manufacturing defects, or improper repairs. An attorney can investigate the specific cause of your accident to identify all responsible parties.
Who can be held liable when a truck accident is caused by a mechanical failure?
Liability in a mechanical failure truck accident can extend to multiple parties, including the trucking company if maintenance protocols were not followed, the truck driver if they failed to report a known defect, the parts manufacturer if a defective component caused the failure, or a third-party maintenance contractor. Florida law may allow you to pursue compensation from all parties whose negligence contributed to your injuries.
What compensation may be available after a truck accident caused by a mechanical failure?
Victims of mechanical failure truck accidents in Florida may be able to pursue compensation for current and future medical expenses, lost wages and reduced earning capacity, pain and suffering, emotional trauma, loss of enjoyment of life, property damage, and significant disfigurement or disability. The specific damages available depend on the circumstances of your case and the severity of your injuries.
What evidence is used to prove a mechanical failure caused a truck accident?
Building a strong mechanical failure truck accident claim typically requires gathering photos and videos of the accident scene, witness statements, the truck’s electronic logging device and black box data, the trucking company’s maintenance and inspection records, the driver’s service record, police reports, and cell phone records. Prompt investigation is important because trucking companies may repair or replace parts quickly after an accident.
How soon after a truck accident should I contact an attorney in Florida?
You should contact an attorney as soon as possible after a truck accident. Florida’s statute of limitations sets a deadline for filing personal injury claims, and critical evidence such as black box data and vehicle inspection records can be lost or destroyed quickly. An attorney can act promptly to preserve evidence, communicate with insurers on your behalf, and help protect your right to pursue fair compensation.
Legally Written and Reviewed by a Managing Partner
Wooten, Kimbrough, Damaso, and 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.