A trucker crash is only one of the many dangers that motorists and pedestrians face in Palm Bay, Florida. Unfortunately, due to the size and weight of these large vehicles, such incidents can easily result in fatalities.

If you lost a family member in a truck accident here in Palm Bay, a Palm Bay fatal truck accident lawyer from Andrew Pickett Law, PLLC can help. Our personal injury lawyers can investigate the incident and work to recover the expenses incurred as a result of your loved one’s death. 

Proving Liability in a Fatal Truck Collision

Determining the Palm Bay trucker’s fault in a fatal truck accident works just like in an injury case. You must prove that the driver or the truck owner was negligent or intentionally harmful. This involves looking into the laws they might have violated during the collision, which Palm Bay fatal truck accident attorneys can do for you as they are already familiar with these rules. 

For example, the trucker might have violated federal or state truck safety regulations such as:

• Drug and Alcohol Prohibitions: Drivers are not allowed to drink alcohol or use drugs on trips, while owners must have their staff tested. 
• Hours of Service: Truck drivers must not work beyond a certain number of hours without taking mandatory breaks.
• Weight Limit Enforcement: Trucks must have special permits to operate if they exceed the state’s motor carrier weight limits. 
• Routine Inspection and Repairs: Truck owners must have their trucks inspected and maintained regularly to minimize the risk of vehicles malfunctioning on the road. 

You could hold the Palm Bay truckers liable for your loved one’s death if evidence shows that they failed to uphold such regulations. 

There Could Be Other Liable Parties

Of course, the Palm Bay fatal truck accident lawyer will also consider the possibility that other parties could be at-fault for the collision. For example, another motorist might have been distracted by their phone, causing them to crash into the truck. As such, the distracted driver could be more liable than the trucker. 

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Truck Liability Insurance Can Cover Death-Related Damages

Losing a loved one qualifies you for third-party actions in Palm Bay. That means you do not have to use PIP insurance to recover damages.  

The Federal Motor Carrier Safety Administration (FMCSA) and Florida Statutes Section 627.7415 require commercial truck owners to have their trucks covered by liability insurance. Liability coverage not only pays for an accident victim’s injury and property damages but wrongful death damages as well. Therefore, you can bring the claim to their truck insurance provider.  

However, the truck owner’s liability coverage typically only covers drivers who caused the accident while on the job. If the driver was off-duty at the time, you would have to bring the claim to their personal auto insurer.  

Opting for Lawsuits Instead

Besides helping you collect evidence, a fatal truck accident lawyer in Palm Bay also reviews the circumstances surrounding the fatal collision to determine whether you may have to file a suit instead. One such instance where they might do so is if the truck driver was grossly negligent (such as drinking while driving) or purposefully harmed your loved one. Another example is if the driver does not have the coverage to pay for wrongful death damages. 

In fatal accident lawsuits, the court decides the damages the liable trucker or other party owes you. The Palm Bay fatal truck accident lawyer can speak on your behalf in court should the accident case reach the trial phase of the litigation process.

Statute of Limitations for Fatal Truck Accident Cases

Your Palm Bay fatal truck accident case follows the same filing deadlines as other wrongful death actions. That means you must file your case within two years from the accident date or when the loved one died. It will automatically get rejected if submitted too late, barring you from recovering any wrongful death damages. 

However, the Palm Bay fatal truck accident lawyer can help check whether tolling exceptions apply to your case. These can toll the statute timer, extending your time limit. For example, if the truck driver fled to another state, the clock would not count down until they returned to Florida. 

Who Can File Fatal Truck Accident Actions?

According to Florida Statutes Section 768.20, only the deceased’s personal representative may file a wrongful death lawsuit against the liable truck owner or driver. A personal representative is a party appointed by the decedent to execute the contents of their will and distribute their estate accordingly. 

When filing a wrongful death lawsuit, the personal representative must list all the beneficiaries that may recover damages in the settlement. Moreover, they must specify the beneficiary’s relationship with the deceased, such as whether they are the surviving spouse, child, parent, and so forth.  

The Palm Bay fatal truck accident lawyer can work with the personal representative to file the wrongful death action with the insurance provider or the court.

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What Damages Could You Recover for Your Palm Bay Fatal Truck Accident?

The damages in a fatal truck accident case come in two types: damages compensating surviving loved ones and damages paid to the deceased’s estate. Some examples of the first type include: 

• Any medical expenses accrued before the victim succumbed to their injury
• Funeral and burial services paid by a surviving family member
• Loss of financial support and services rendered by the deceased
• Emotional trauma

Meanwhile, the estate can recover damages such as:

• Any income and benefits lost during the time between the decedent’s injury and their death (if they did not instantly pass away in the accident)
• The value that could have been added to the estate had the victim survived the trucking accident
• Other accident-related expenses paid by the estate 

The Palm Bay fatal truck accident lawyer can assist with estimating your total damages by compiling your expenses. They can also bring in a financial expert to help project the value for more complex damages such as the loss of support.  

Work With Our Palm Bay Fatal Truck Accidents Attorneys

Losing loved ones can be distressing for anyone, especially if you lost them due to someone’s negligence. The office of Andrew Pickett Law understands your struggle and is ready to help you get justice from the at-fault Palm Bay trucking company or driver. 

Though we started this firm in 2009, our legal team has decades of collective experience handling a wide range of personal injury cases throughout Florida. Call us for a free consultation. You can also submit your case evaluation request through the contact form on this website.

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I had an excellent experience with Andrew Pickett Law and especially with their paralegal, Lindsey Pike for my personal injury case. Lindsey was incredibly informative and took the time to thoroughly explain the litigation process to me, which made navigating everything so much easier. She was patient, responsive, and always made sure I felt supported throughout the case. I truly appreciated her guidance and professionalism. I would highly recommend Andrew Pickett Law anyone seeking legal assistance.

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My experience with Pickett’s Litigation Paralegal, Lindsey Pike was top notch!! She remained calm, organized and had all the answers to every question I had!! Thank you Lindsey!!!

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Response from the owner: Josh, what a great review! Thanks for trusting us to assist you with your case. Please let us know if we can ever be of service in the future.

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I’m not sure I’d still be here today without Jessica Hicks. Thank you Andrew Pickett Law!

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I had an amazing experience with Andrew Pickett Law. I was always receiving calls, messages and emails with any updates to the case or questions they had for me. Their availability to answer my calls and questions was flexible and respectful. I would highly suggest this law firm for any person who has experienced injury from an automobile accident and is seeking further assistance legally. This office makes sure you are informed and well taken care of.

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Andrew Pickett Law and their team of attorneys are exceptional. Mr. Pickett is knowledgeable, courteous, and dedicated. A consummate professional. As an attorney, I’ve had the pleasure of working alongside Ms. Hicks and Ms. Whitehouse and their trial experience and negotiation skills are outstanding. What an amazing team!

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Taylor McDermid

Review for Jessica Hicks and Tiffany WhitehouseJessica Hicks and Tiffany Whitehouse are exceptional personal injury attorneys who truly stand out for their attention to detail and genuine care for their clients. From the very beginning, they go above and beyond to ensure every aspect of your case is meticulously handled. They take the time to understand your unique circumstances, patiently answer all your questions, and keep you informed throughout the process.What sets them apart is their heartfelt dedication to their clients. You can tell that they genuinely care—not just about winning cases, but about helping people rebuild their lives after difficult situations. Jessica and Tiffany are compassionate, responsive, and fiercely advocate for the best possible outcome.If you’re looking for attorneys who combine legal expertise with a personal touch, Jessica Hicks and Tiffany Whitehouse are the team you want on your side. Highly recommended!

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I cannot say enough positive things about Andrew Pickett Law and their incredible team of attorneys. Jessica Hicks and Tiffany Whitehouse bring an exceptional level of professionalism, skill, and care to every case they handle. Jessica’s extensive trial experience is evident in her strategic approach and dedication to achieving justice, while Tiffany’s unique combination of legal expertise and medical knowledge provides invaluable insight for personal injury cases.What truly distinguishes this firm is its unwavering commitment to justice and client care. From the first consultation, you are met with clear communication, thoughtful strategy, and a team that treats your case with the gravity and diligence it deserves. If you are seeking tireless advocates who blend compassion with formidable expertise, Andrew Pickett Law is the firm to trust.

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Tiffany Whitehouse and Jessica Hicks are AMAZING attorneys who have dedicated their careers to helping people in need. There work at Pickett is a shining example of this the way they fight for their clients (even getting better results than some of the bigger firms in the area)

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Rebecca Collura

If you are reading this you may have been in a car accident which I am sure has disrupted your life as it did mine. Dealing with your insurance company will be impossible and their goal is to give you the least amount of money possible regardless of your injuries. It is a slow process and you have to be patient. Andrew Pickett will work extremely hard to get you enough money to take care of past and potential future expenses. He is extremely good at what he does and his support staff are attentive and responsive as well. Personally I wouldn't be a number at one of those big firms that advertise on TV. Andrew was completely involved in my case and took great care of me. Stay strong, I pray the pain will lessen for you, and let Andrew fight for you!

Response from the owner: Thank you, Rebecca! What a thoughtful review. It was an honor to represent you.

Sandra Musgrave

The entire team is amazing. Andrew and his team worked hard to get the best outcome for our case. I am very happy with our decisions to hire him after our accident.

Response from the owner: Thank you for trusting us, Sandra! It was an honor to represent you and your family.

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Andrew and his team were professional and helped me through every step of the way. They made sure I was comfortable and understood the entire process. I would strongly recommend them to anyone!

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Mr. Pickett is a fantastic personal injury attorney who has represented several of my own clients in various injury matters. He has obtained very favorable results for my clients. He is responsive, attentive, and detail oriented. I highly recommend his services.

Response from the owner: Thank you for the 5-star review, Ashley! We are honored to receive referrals from you.

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I worked with Jessica Hicks after I was hit by another driver. She worked diligently, professionally, and exhaustively on my case which resulted in compensation. Jessica Hicks is by far one of the most caring, qualified, and knowledgeable lawyers in Brevard County and the state of Florida. I highly recommend Jessica for her skill, expertise, and exemplary service. You will not be disappointed in choosing her as your lawyer. Thank you, Jessica.

Response from the owner: Thank you for the kind review, Kimberly! I am pleased we were able to reach a resolution.

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Amazing law firm. Highly recommend.

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Karen Garach

I had the privilege of working with Andrew Pickett and his staff at Andrew Pickett Law for my personal injury case, and I couldn't be more satisfied with the outcome. From our first meeting, he displayed a genuine concern for my well-being and a deep understanding of the legal complexities involved.Mr. Pickett was always available to answer my questions and provided clear guidance throughout the process. He fought tirelessly on my behalf, ensuring that I received the compensation I deserved.The level of professionalism and dedication was truly outstanding. I highly recommend Andrew Pickett Law to anyone in need of a personal injury attorney. Thank you for your exceptional service!

Response from the owner: Karen, what a wonderful review! We appreciate your kind words.

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Hands down best attorney in town. Andrew takes his time with you through the entire process and keeps you informed. If you are looking for a local attorney that you can trust, Andrew Picket Law is for you.

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Andrew is an amazing attorney that truly cares about his clients.

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Angela Roth

I had an excellent experience with Andrew Pickett and their team. From the initial consultation to the final settlement, they were professional, knowledgeable, and compassionate. They truly worked hard to get a favorable outcome. I highly recommend them to anyone in need of a skilled accident attorney. Thank you for your outstanding service!

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Raymond Miley

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linda williams

I had the best experience working with Pickett Law. They are all very knowledgeable about the law. We personally worked with Atty Tiffany Whitehouse and her team of Tina Johnson and Vonda Vassar, they knew how to get us the most money that we were entitled to from a car accident. I don’t know what we would have done without their help. If you are ever looking for an atty, we highly recommend this office.

Response from the owner: Thank you for the great review, Linda! And thank you for your trust in our law firm. If we can ever assist you or any friends or family in the future, please let us know.

Shaun Peiffer

I had an excellent experience with Andrew Pickett Law firm. From start to finish, the team was incredibly responsive and attentive to my needs. Jessica was outstanding in patiently answering all my questions, making sure I fully understood each step of the process. I also want to thank Vonda for taking the time at the beginning of my case to walk me through everything, providing clarity and peace of mind. In the end, I was more than happy with the successful settlement outcome. I highly recommend Andrew Pickett Law firm for anyone seeking top-notch legal representation.

Response from the owner: Thank you so much for the wonderful review, Shaun! It was an honor to represent you. We are grateful for the trust you placed in us. If we can ever be of assistance to you or your friends or family in the future, please let us know.

Belinda Darnell

I had the privilege of working with Attorney Jessica Hicks alongside Attorney Andrew Pickett during my personal injury case, and their exceptional representation made all the difference. From the very beginning, they were attentive, compassionate, and highly engaged with every detail of my case. Attorney Jessica Hicks, in particular, formed a great personal connection with me, truly understanding the pain and challenges I faced after my accident.Their communication was outstanding, keeping me informed at every step through phone calls, office visits, text messages, and their office app. Attorney Jessica Hicks’ dedication and persistence led to securing the full allowable settlement amount without the need to go to court, which was an immense relief.I cannot recommend Attorney Jessica Hicks and Attorney Andrew Pickett highly enough. Their knowledge, support, and commitment are of the highest caliber. Jessica, in particular, is a determined and relentless advocate, ensuring that I was fully supported and heard throughout the process. If you're looking for attorneys who will truly fight for you, Jessica Hicks and Andrew Pickett Law are the ones to choose.

Response from the owner: Thank you for the great and thoughtful review, Belinda! It was a pleasure to represent you, and we are happy that you are satisfied with our efforts.

Jen Gonzo

ANDREW PICKETT LAW represented me in my case and they were professional all the way through. I am so grateful for what they were able to do for me. Big kudos to my attorney Jessica Hicks. 👏

Response from the owner: Thank you, Jennifer! Great review. So happy that we were able to resolve your case favorably!

Ken Williams

Andrew Pickett and his staff worked extremely hard to resolve my case I am extremely happy that I went with them and will use them in the future most definitely they kept me well informed and The professionalism I experienced wasunmatched.

Response from the owner: Thank you, Ken! It was a pleasure to represent you and get to know you.

Valeta Cameron

Exceptional attorney! Highly recommended for any of your personal injury needs.

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Rose Hudson

Andrew and his team were incredibly knowledgeable and showed empathy and compassion to me throughout the entire process. My questions were always answered, even after the case closed. I continue to follow Andrew Pickett on various social media outlets as he regularly creates relevant and informative content. I highly recommend Andrew Pickett.

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Marquisha Mansfield

Very helpful great status wonderful work

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Great job and great service

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Beatrice Maxime

I am so very grateful to have had this firm represent me. I was in a car accident a few years ago, but the car insurance company of the person who totaled my car would not replace my car, nor pay for my medical bills. So we hired a Law Firm who then brought in Andrew Pickett Law on the case. I am so happy Andrew agreed to come onboard. He worked really hard on my case. Even though things were moving slow because of Covid-19 pandemic, he never stop working on my behalf. He was very dedicated to the case. I'm grateful for his professionalism, his patience, and his devotion.We ended up going to court and because of Mr. Pickett, we won the case.Thank you so much for all you did for us!!!!

Response from the owner: Beatrice, thank you so much for your kind words! I really enjoyed getting to know you and your family. It was an honor to represent you and join you on this journey.

Marilyn Colpitts

Fantastic service and professionalism. The Pickett Law firm handle my case with care and understanding. I recommend this firm with your case that may be out of the ordinary. Extremely pleased with the outcome.

Response from the owner: Thank you, Marilyn!