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Board Certified Trial Attorneys Helping You & Your Family Find Justice

Clearwater Truck Accident Attorney

Representing Victims Injured in Florida Trucking Accidents

The dangers posed by large commercial vehicles, including semi-trucks and 18-wheelers, are evident by their size and weight. Each year, these massive vehicles, which can weigh as much as 80,000 pounds, cause severe accidents on Florida roadways.

Truck accident victims and their families are often devastated. From tremendous emotional damages and physical pain to the extensive financial burdens caused by costly medical bills and lost work wages, damages are routinely severe.

Call (727) 877-1212 today if you were seriously injured in a trucking collision in Florida. We are available 24/7 to take your call!

Put Our Experience on Your Side

Our truck accident lawyers in Clearwater conduct thorough investigations to determine and establish liability after a crash. In order to obtain the maximum compensation, we draw from more than 60 years of collective experience and our knowledge of federal trucking regulations to ensure that these cases are resolved as favorably as possible.

With a proven and measurable record of case results, two Board Certified civil trial experts, and numerous successful recoveries obtained through both verdicts and settlements, our firm has proven that we can effectively handle these cases.

We know what it takes to get truck accident victims the money they deserve. In fact, we were once able to win a $2.7 million verdict on behalf of an 18-wheeler accident victim.

We Understand. We've Been There.

In 1993, our very own Attorney Mark Roman was struck by a truck carrying tons of roofing tile after it ran a red light in Clearwater, Florida.

Attorney Roman can truly identify and empathize with the pain and difficulties our injured clients experience in the wake of serious trucking accidents.

He is convinced that this accident occurred so that he could better understand the tremendous struggles our clients encounter and better provide a rare level of service and compassionate support to the victims and families we represent.

Determining Liability for Your Crash

If you were injured in a preventable accident involving a commercial truck, it is important to understand your rights. By filing a claim, you can seek compensation for your medical bills, lost income and wages, pain and suffering, and more.

In order to recover these damages, however, you must be able to show that another party is responsible for causing your accident as a result of their negligence. The at-fault party can then be held liable for any damages you incurred as a result of the crash.

Determining fault and liability can be a challenging process, especially in cases involving commercial vehicles. By working with Roman & Gaynor, you can benefit from the assistance of two board certified civil trial lawyers who have the resources to fully investigate your accident and determine who can be held liable for your losses.

Common liable parties in a truck accident include:

  • Truck Drivers – Truck drivers are required to abide by a number of state and federal regulations. These regulations aim to reduce risks posed by overworked drivers, intoxicated drivers, and drivers with a history of traffic violations and accidents. They also govern the responsibilities of drivers to properly secure cargo, drive safely, and ensure they do not pose unreasonable risks to public safety. When truckers commit safety violations, disobey traffic laws, or are otherwise negligent in causing a preventable crash, they can be held liable for any resulting damages.
  • Trucking Companies – In addition to being responsible for their drivers, including a duty to properly hire and train drivers, trucking companies must also abide by a number of regulations designed to keep others on the road safe. These include laws that make sure trucking companies properly maintain vehicles, secure cargo, oversee employees and mechanics, fix potential hazards, and take any reasonable measures to ensure their employees and fleet are as safe as possible. When they fail to do so, victims can pursue financial compensation from trucking companies, which must carry a minimum amount of insurance per law.
  • Auto Part Manufacturers – While most truck accident cases involve the liability of truck drivers and trucking companies, there are other types of crashes where third parties can be held at fault. One of these includes manufacturers of auto parts, which have a legal obligation to ensure they produce and distribute vehicle components that are free from design or manufacturing errors that can lead to malfunction or failure and cause trucks to crash. In these cases, victims can work with their lawyers to determine the underlying auto part defect responsible for their collision and pursue compensation from the product manufacturer.

Every commercial truck accident case is different, which is why it is necessary to conduct an investigation into what exactly caused the crash, whether any violations were made by the driver or trucking company, and the best available avenues victims can pursue to recover the maximum amount of compensation possible.

How Long Do I Have to file a Claim?

Like many personal injury lawsuits in Florida, truck accident claims have a statute of limitations that imposes a time limit upon the plaintiff. For most truck accident lawsuits, you will have four years from the “date of accrual,” or the date the injury first occurs. For cases involving wrongful death, you will only have two years to bring a lawsuit.

However, the statute of limitations also depends on the circumstances of your claim. If you are unable to “discover” your injuries until long after the accident, your window for filing a claim may be extended. That’s why it’s important to speak with an attorney as soon as possible after an accident to ensure that you have enough time to file.

Will I Need to Go to Court?

Truck accident lawsuits can be very complicated – and the litigation may involve many different parties. Because most personal injury claims are settled before trial, you may not need to go to court. But whether the matter is resolved in a few months or a year, it’s important to work with an attorney who will see your case through to the end, rather than accepting the first settlement offer. You may need more funds than you realize to cover long-term medical expenses and other needs after a truck accident.

Federal Trucking Regulations

As commercial freight-bearing vehicles pose serious threats to public safety, there are hundreds of federal laws, rules, and regulations governing the trucking industry.

From hours-of-service regulations that aim to address the dangers of tired drivers to strict drug and alcohol laws and vehicle regulations, these laws are designed to reduce the risks of extremely dangerous truck accidents.

With a well-versed knowledge of the various Federal Motor Carrier Safety Administration (FMCSA) regulations, our firm is able to highlight any violations made by drivers and companies to demonstrate their failures to take reasonable measures for keeping the public safe.

Some of the most common causes of negligence that lead to truck accidents include:

  • Truck driver error
  • Speeding and aggressive driving
  • Driving under the influence of drugs or alcohol
  • Improperly loaded or overloaded cargo
  • Distracted driving such as eating or texting
  • Driver fatigue
  • Tailgating
  • Negligent maintenance
  • Mechanical defects

Driver Fatigue

Truck drivers can work a maximum of 14 hours a day and drive for 11 hours a day. Truck drivers also have to be off work for 10 consecutive hours before they can start working another shift. Unfortunately, many truck drivers fail to meet these guidelines and end up driving while they are fatigued, ultimately leading to a deadly accident.

Improperly Loaded Cargo

Examples of improperly loaded cargo include:

  • Partially loaded cargo: Trucks that have partially loaded liquids can slosh back and forth when traveling, which may also alter the vehicle’s center of gravity.
  • Unsecured cargo: Loose cargo can sometimes fly into oncoming traffic. Unsecured cargo can also shift during transport, which might cause the truck to overturn.
  • Oversized or overloaded cargo: Drivers and their maintenance crews sometimes overload their vehicle with cargo to maximize their numbers.

The main goal of a trucking company is to move the greatest amount of cargo in the shortest amount of time possible. As a result, truck drivers will often overload their trucks or fail to properly secure cargo to keep up with company deadlines.

Drug & Alcohol Use

Although there are numerous laws regarding the operation of a vehicle while under the influence, particularly for those with a commercial driver's license, some truck divers choose to drive while intoxicated. Drugs and alcohol can greatly reduce the reaction time and basic skills needed to control a commercial truck. Truck companies are supposed to test their drivers for drug and alcohol use before they are hired.

Call Roman & Gaynor for a Free Review

If you or your loved one has been injured in a truck accident, you need legal representation. While all personal injury and wrongful death claims pose a number of difficulties and potential complications, truck accidents are often much more complex.

This is because trucking companies frequently utilize their extensive resources and legal teams to contest claims in their attempts to pay injured victims as little as possible. They are in business, of course, to make money, not to pay victims. As such, injured victims require bold and unwavering legal advocates on their side who have no aversion to fighting back against even the most powerful trucking companies.

We've secured compensation for clients who have suffered severe injuries in truck accidents, including:

We invite all injured truck accident victims throughout Pinellas County and the Tampa Bay area to schedule a free case evaluation with our Clearwater truck accident lawyers to discuss the potential merits of your claim.

Learn how our legal team can recover the compensation you deserve. Contact our truck accident attorneys at Roman & Gaynor today for a free consultation: (727) 877-1212.

We Have Recovered Over $95 Million for Our Clients

  • $4,356,000 Verdict for Traumatic Brain Injury Victim
    Client was rear-ended with great force by an employee of Mercedes Benz of Melbourne on a rural highway in South Florida. The collision was so powerful that three cars were totally destroyed and the client was rendered unconscious. The Client sustained multiple fractures to her arm and ribs, damage to her shoulder and she sustained brain damage. The jury deliberated almost four hours at the conclusion of a six day trial in Brevard County, Florida.
  • $2,700,000 Verdict for Truck Accident Victim
    After a six day trial, a Pasco County Jury awarded our clients $2,161,000.00 for wife and $631,900.00 for husband. The wife sustained a head injury and had a spine surgery. The husband injured his hands, shoulder and knee.
  • $1,450,000 Settlement for Injured Pedestrian
    Roman & Gaynor sued our client's car insurance company when they refused to take her fractured pelvis seriously. After being pinned between 2 cars in a parking lot, she could not walk normally or return to work. This jury verdict is more than 10 times the amount of the policy she sought, and her insurance company refused to pay, after her injury. State Farm later settled her bad faith claim and Roman & Gaynor collected the excess judgment.
  • $1,175,000.00 Verdict for Traumatic Brain Injury Victim
    $1,175,000.00: A New Port Richey man was injured in a motor vehicle collision when his work van was hit and flipped over, causing him to be ejected from his vehicle, crushing his skull. Roman & Gaynor's investigation revealed that the work van was not equipped with operable seatbelts. A lawsuit against his employer, who was responsible for the maintenance of the work van, resulted in a $1,175,000.00 settlement.
  • $850,000.00 Settlement for Husband & Wife
    A Pasco County couple were seriously injured in a rear end collision in Pasco County. After spinal surgeries, Roman & Gaynor successfully negotiated a global settlement in the amount of $850,000 which assisted this couple in rebuilding their lives.
  • $836,000.00 Settlement in Rear End Collision
    Our clients, a 56 and 58 year old couple from Pasco County, were stopped for a red light in Tampa when they were rear ended by a distracted driver. Both husband and wife suffered herniated discs as a result of this accident which resulted in 4 spinal surgeries. The at fault party’s insurance carrier asserted a low impact defense, and asserted that our client suffered from these injuries prior to the accident. After protracted litigation, and just 2 months prior to trial, Roman & Gaynor secured a $836,000 settlement in favor of this couple.
  • $820,000.00 Settlement in Rear End Collision
    After a year of litigating a case the Defendant never took seriously, Roman & Gaynor negotiated this settlement just to days before trial for a young lady with a spine injury. In this case, a relatively low impact collision led to more than one spinal surgery, including fusion.
  • $600,000.00 Jury Verdict for Accident Victim
    A St. Petersburg woman received a verdict of more than $600,000 for multiple injuries sustained in a car accident including a broken pelvis. We received the verdict at the end of a three-day trial. The Defendant was the driver of a truck who ran a red light.
  • $572,000.00 Settlement in Rear End Collision

    In 2017, a middle-aged man was rear-ended at a high-rate of speed on the highway. He sustained head, neck and back injuries but did not get any surgeries. We were able to obtain a tender of the policy limits of the at-fault driver but had to file a lawsuit for the underinsured motorist coverage. Seven months later, in 2019, we reached a settlement. We were able to recover a total of $572,000 for this client and his family from the insurance carriers to help them move forward.

  • $550,000.00 $550,000 Recovery for our Client

    A phantom vehicle made a left turn in the direct path of our client’s path of traveling causing him to take evasive action, causing him to strike a concrete utility pole. The force of the impact caused both airbags to deploy and the car engine came through the firewall and into our client’s dashboard and legs. Our client sustained serious lower extremity injuries, neck, and back injuries necessitating hospitalization, multiple surgeries, and extensive rehabilitation. Because the at fault driver fled the scene of the accident, we presented 2 uninsured motorists claims to our client’s uninsured motorist carriers. Demand for tender of the first uninsured motorist policy in the amount of $250,000 was made by our firm and was paid promptly. Second demand for the second Underinsured Motorist policy in the amount of $300,000 was made by our firm. This second insurance carrier denied coverage, based upon a UM rejection form signed by our client. Our firm determined that the UM selection form was fraudulently signed by our client’s car insurance agent. Our firm then filed a Civil Remedy Notice asserting fraud, and the insurance carrier promptly paid its $300,000 UM policy limit within the 60 day time period provided under the Civil Remedy Notice. This resulted in a total recovery of $550,000.00 for our client. A total victory for our client! Not all law firms check the validity of client signatures on UM selection forms. Our clients can be assured of this attention to detail for each and every case.

Reviews From Our Clients

  • “We truly want to thank you for not only representing us but all of your help, guidance and friendship.”

    Harry & Ellie H.

  • “I cannot stress enough how professional, comfortable and relaxed I was at trial. ”

    James F.

  • “We were so very confident in the firm's ability, and were never disappointed.”

    Joseph S.

  • “Your firm more than met our expectations. We were extremely satisfied!”

    Garrett P.

  • “The expertise of this firm is wonderful.”

    Grace M.

  • “Thanks for being there for me every step of the way!”

    Katie B.

  • “This was a difficult situation Mark and Cate made it easier.”

    Mary C.

  • “You and your wonderful staff have restored my faith in the legal profession.”

    Mark M.

  • “I have complete trust and faith in your law firm and if ever needed use your firm again.”

    Marie S.

  • “They really do take their job serious and they really care about their clients!”

    Karen W.

  • “They Provided Helpful and Prompt Responses.”

    Edward R.

  • “I really felt taken care of by your team. Everyone was very professional.”

    Mary R.

  • “At Roman and Gaynor it is not just about winning your case, it is also about making sure that you are taken care of physically and emotionally.”

    Co Ah

  • “He assured me that my only job was to heal and that they would take care of everything else.”

    April L.

  • “At a very low point in my life, Roman & Gaynor was very professional, protective, and patient with me. I appreciate and needed that.”

    Paula S.

A Firm That Stands Out

  • Over 60 Years of Combined Experience
  • Two Attorneys Board Certified in Civil Trial Law
  • Over $95 Million Recovered for Our Clients
  • 24 Hour Availability
  • Free, No-Obligation Case Evaluations
  • No Fees Unless We Win Your Case

Get the Help You Need Today

We're Ready to Fight for You. Request Your Free Case Evaluation Now.
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