Trucks are more dangerous to other people on the road than smaller vehicles that do not have the same impact in the event of a collision. Although car accidents can lead to significant, life-altering injuries, truck accidents have a higher probability of causing these types of injuries, as well as causing fatalities. Too often, a truck driver’s fatigue, insufficient training, intoxication, or distraction contributes to a crash. Boca Raton Trucking Accident Lawyer David B. Datny assists victims with pursuing proper legal action against truckers, trucking companies, and other parties responsible for their injuries.
Mr. Datny’s prior experience as a partner in a large law firm, provided him with the opportunity to deal with trucking and insurance defense companies firsthand. This experience helps Mr. Datny in representing his clients now and in achieving the best possible results for them. David B. Datny also knows the value of providing one-on-one personalized representation that focuses on his clients. He gives each case detailed attention in order to develop a personalized and sophisticated strategy for each client’s claim. Truck accident victims may face long-term recovery, involving both physical and emotional challenges. David B. Datny is committed to making sure that the legal process does not unduly add to that stress. If you have been injured in a truck accident or have lost a loved one in a fatal collision, contact our office today to discuss your potential claims. Mr. Datny is available by phone or text at 561-221-7474, 24 hours a day, seven days a week, and he can help you determine your next legal steps following a collision caused by a negligent truck driver.Establishing Liability for Truck Accident Injuries in South Florida
State and federal entities regulate and oversee the trucking industry’s practices. The Federal Motor Carrier Safety Administration (FMCSA) sets regulations that all trucking companies and drivers must follow if their vehicles are engaged in interstate commerce. As a trucking accident attorney in the Boca Raton area, David B. Datny is also familiar with Florida’s requirements for trucks traveling throughout the state. Both sets of regulations provide limits for drivers regarding how many hours they are allowed to drive consecutively and when rest or meal breaks are required. Under Title 49 of the Code of Federal Regulations, set by the FMCSA, truck drivers must also obtain specialized licenses from their home states.
These regulations also require regular inspection and maintenance to be performed on vehicles, setting weight limits for hauls as well as additional safety precautions that must be taken when transporting hazardous cargo. Florida law sets standards regarding obtaining and testing for a truck driver’s commercial driver’s license (CDL), additional recordkeeping guidelines, and the minimum liability insurance that must be obtained based on a truck’s weight. Trucking companies that employ drivers must conduct adequate background checks to verify an individual’s safe driving history, and they also must periodically review employees’ driving records.
When a truck driver or trucking company fails to adhere to any of these regulations, or otherwise acts carelessly, serious injuries to other motorists, as well as pedestrians or bicyclists, can result. Boca Raton Trucking Accident Attorney David B. Datny has experience in all types of truck crash cases and can help investigate the causes of these serious collisions to ensure that the proper parties are held liable.
Negligence by one or more parties is usually the reason why victims are injured in a truck crash. A defendant has acted negligently when there is a breach in an owed duty of care, causing a victim’s injuries and resulting in damages. For instance, a truck driver who fails to take a required rest break and falls asleep behind the wheel, striking another vehicle, would be found to have breached his or her duty to act reasonably.
Due to the high stakes that may be involved in a truck accident case, the potential for spoliation of evidence is significant. Spoliation refers to one party’s efforts to negligently or intentionally lose, destroy, or alter evidence in a claim in an attempt to avoid litigation. When this occurs, courts can issue sanctions against an offending party by excluding certain testimony or issuing fines. For more egregious actions, a court may dismiss a case completely or enter a default judgment. To make sure that your rights are protected following a truck crash, it is important to contact a knowledgeable attorney, such as David B. Datny, who can advocate on your behalf in the aftermath of such a traumatic event.Contact an Assertive Trucking Accident Lawyer in Boca Raton
Victims of trucking accidents often need financial help to cope with the costs of medical expenses, time missed from work, and permanent impairments that can result from injuries sustained in a truck accident. Injury attorney David B. Datny is dedicated to making sure that victims are thoroughly compensated by those responsible for their harm and providing personalized one on one attention to his clients. The Datny Law Firm represents people throughout South Florida, including in Boynton Beach, Delray Beach, Boca Del Mar, Lake Worth, Royal Palm Beach, Wellington, Lantana, West Palm Beach, Palm Beach Gardens, Jupiter, Deerfield Beach, Coral Springs, Pompano Beach, Fort Lauderdale, Hollywood, Sunrise, Lighthouse Point, Margate, Lauderhill Lakes, and Plantation, among other cities in Palm Beach and Broward Counties. If you have questions or concerns following a serious collision, David B. Datny is available to speak with you 24/7. Call or text 561-221-7474 at any time to find out more about your legal options following a car, truck, or motorcycle crash.