Truck Accident Lawyer Serving Jupiter

If you find yourself driving on a roadway in Jupiter, Florida, then you can easily say that you have seen a larger than average number of commercial trucks travelling there, as well. The state, in general, tends to have a large number of 18-wheelers on its roads. Unfortunately, this also makes for a large number of severe truck accidents. When you consider the size of the average commercial truck, it’s plain to see why they account for about 10% of highway accident fatalities in this state. Of course, the reasons for these accidents vary greatly. They can be due to; poor weather conditions, worn truck parts or other types of unexpected causes that may be considered event in which no person is actually to blame. However, truck accident lawyers who serve Jupiter can also see things in a different light. This is because they deal with truck-related accidents that are caused by the negligent actions of different individuals.

As previously mentioned, a commercial truck accident can be the result of bad weather conditions or truck parts that have failed. But negligent actions account for far too many serious truck accident injuries and deaths on our roads. When someone has failed to follow the strict driving laws that have been applied to roadway driving, then serious consequences can come about. Some of these situations occur for the following reasons:

Errors on the part of a truck driver – It can be said that this is one of the most common reasons for truck accidents in Jupiter. If you give this a bit of thought, then you’ll know how this is actually the case. A commercial truck is basically a very large machine that travels over a mile a minute through the use of a flammable liquid. This mechanical device is controlled completely by a single individual, through the use of a small steering wheel and a few other controls. Even a minor error in judgment can result in the driver losing control of this machine and thereby causing devastating damage to any items (such as cars, etc,) in its way. Some of the reasons why poor driver judgment may lead to an accident are:

• The willingness to drive a truck that has been loaded past its legal weight limit.
• Choosing to drive on roads that are too narrow for them to drive safely on
• Not obeying the state driving laws
• Not obeying the restrictions placed on the number of driving hours
• Driving a truck that has not been properly inspected
• Being unqualified for the job
• Not taking the legally mandated break times
• Working for a company that may “cover up” their poor driving record
• Not accounting for “blind spots” in their rear mirrors.

Ignoring the need to repair or replace broken or worn truck parts – Commercial trucks are known to spend far more time on the road than an average passenger vehicle. Parts that may get a lot more than the average amount of wear can include; tires, brakes and other critical parts. If a trucking company neglects to regularly inspect its trucks, then these parts can fail at some point during a driving trip.

Choosing poor quality parts in order to save money or poorly manufactured parts – A can’t be blamed for the quality of the parts on the trucks they drive. But that won’t change the fact that a broken or poorly made part can be responsible for an accident. A truck accident attorney will want to know whether or not this is the case. Because of this, an experienced lawyer may try to check for parts that may have caused an accident. This is something that the average accident victim may not be able to check for.

Commercial trucks that have been overloaded or improperly loaded – for a commercial truck, safe driving depends on a number of different factors. Having the right amount of weight loaded is one of the most important. By not following the federal limits on cargo weight, a commercial truck that has been overloaded may cause the driver to lose control of his vehicle. In other cases, cargo that has not been properly loaded can break loose and spill out over the roadway and thus cause a hazard for others.

In Jupiter and throughout the rest of the country, trucks that are carrying too much weight are a major problem. Even with all of the strict laws and precautions such as highway weigh stations, there are still far too many trucks that have been loaded past their limits. Federal weight limits for trucks can be found at: The Federal Motor Carrier Safety Administration. The various weight limits of trucks have been based on the trucks; design, braking ability and other truck specifications. Some of these limits are:

Semitrailers – The maximum weight that a semi is allowed to carry is:

• 20,000 lb (9,100 kg) on a single axle
• 34,000 lb (15,000 kg) on a tandem
• 80,000 lb (36,000 kg) total for any vehicle or combination
• The maximum weight, per axel, is 20,000 pounds with the axels spaced no less than 40 inches apart and no more than 96 inches apart.

Its maximum width is 8.5 ft (2.6 m) and no maximum height.

U.S. Semitruck – The maximum weight (with full trailer) is 80,000 pounds that is distributed over 18 wheels. (23 U.S.C. 127).

Trucks must also be equipped with a rear-end underride protection device according to 49 C.F.R. s. 393.86

It is equipped with a substantial rear-end underride protection device meeting the requirements of 49 C.F.R. s. 393.86, “Rear End Protection.”

In Jupiter (and the rest of Florida), the law s. 316.550 states:

• In a truck tractor-semitrailer combination, the semitrailer cannot exceed 48 feet in its overall outside dimension. This is measured from the unit’s front to its rear. This will usually exclude energy conservation and safety devices that have been approved to be utilized on open roads, by the Jupiter Department of Transportation.
• In order to operate a semitrailer that is over than 48 feet in its lengths, may only operate in Jupiter if a special permit is used s. 316.550.

Finding out who is actually responsible for a truck accident in Jupiter is often a very complex task. Of course, in some cases, if a truck driver made an obvious illegal driving move and hit a car, then the blame is pretty obvious. However, there are cases in which the responsibility is not that easy to figure out. In addition, the blame can sometimes be placed on more than one party, as well. This is why truck accident lawyers who serve Jupiter can try to investigate when it comes to determining who is actually responsible for an accident. For example, the loading company may have agreed to place too much cargo on a truck. However, they did so because of orders given by the trucking company manager. In addition, the truck driver knew about this and still agreed to falsify their driving records. Tracking down the potential responsible parties is just one of the reasons why hiring an experienced truck accident injury lawyer may be your best option when you have been hurt in a truck accident.

National statistics, for large truck and bus accidents have discovered:

• About 59% of the deaths involving commercial trucks have occurred on major roadways that were not part of any interstate or freeway system. Also, 9% have occurred on smaller roadways.
• Truck accidents occur most frequently during the hours between 6 a.m. - 3 p.m., when 47% have been documented. Also, during those times, 47% of fatalities have also been reported.
• About 16% of commercial truck accidents happen on the weekend (Saturday and Sunday).

Should you decide to file a lawsuit in the case of a Jupiter truck accident, you need to understand that there is a Statute of Limitations involved. This means that you will have just 2 years from the time of the accident in order to file your lawsuit. There are some exceptions, but these are extremely rare. If the lawsuit is being filed by the estate of a person who has been killed in a truck accident, then there is only 2 years allowed for filing a wrongful death lawsuit from the time of the accident.

If you or a loved one has been injured in a Jupiter truck accident, contact Frankl Kominsky. Since your first appointment is completely free, you’ll have nothing to lose and you can get a lot of valuable information regarding your options.

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The damages that a commercial truck accident victim might claim will generally fall into two groups. These are:

• Economic damages – Those are medical costs, job income loss, lost property such as a vehicle, etc.
• Non-economic damages – These are things such as; pain/suffering, chronic emotional problems and other issues that are not considered a financial loss.

The types of damages that can be pursued in your Jupiter truck accident include:

• Medical expenses
• Therapy and rehabilitation
• Vehicle or home modifications to accommodate a disability
• Current and future lost wages
• Lost of earning capacity
• Mental anguish
• Loss of Consortium - losing a spouse, parent or child
• Pain and Suffering
• Repair or replacement of your vehicle
• Other accident-related expenses

Another very important thing to consider is that if you are bringing a lawsuit against a trucking company, they will have their own attorneys representing their interests.

• Never accept any money that you are offered from the other party’s lawyers or insurance company without first consulting an experienced truck accident attorney
• Never sign any documents that they may present you
• Do not discuss the accident with anyone other than your own attorney
• Never post anything on social media regarding the accident.

A Jupiter overloaded/overweight truck accident can result in severe and permanent injuries. This may occur in Jupiter at any given time. In addition, it’s important to understand that while high speeds are often a factor, there are also many times when this isn’t the situation. There have been a number of cases in which a very low speed truck crash has resulted in a debilitating injury. If you are involved in a Jupiter overloaded/overweight truck accident that occurred at any speed, it is advised that you seek medical care and the advice of a truck accident personal injury attorney.

Also, in the case of the death of a loved one, discuss your case with an Overloaded/Overweight Truck Accident Personal Injury Attorney Serving Jupiter Today! Turn to Frankl Kominsky for comprehensive legal guidance. Call 561-800-8000 or use our Contact Form to set up a free consultation.