According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), there were 152,768 injury crashes in 2019 alone. That same year, large trucks accounted for 10% of all vehicles involved in fatal accidents per the National Safety Council (NSC). Due to their weight and size, large trucks can cause catastrophic accidents.
If you suffered injuries or a loved one passed away in a truck accident, you may be eligible for compensation for medical bills, lost income, and pain and suffering. A St. Augustine truck accident lawyer with the Law Offices of Anidjar & Levine can help you pursue financial recovery from the at-fault party. Our St. Augustine personal injury lawyers can investigate your case, determine liability, and file an insurance claim or lawsuit on your behalf.
Common Causes of Truck Accidents in St. Augustine
Truck accidents can cause injuries, fatalities, and millions of dollars in damages. This includes severe life-altering injuries, property damage, and more. According to the NSC’s 2019 data, 69% of injuries in large truck crashes affected the other vehicle’s occupants.
Truck accidents can happen due to various reasons. The cause of the accident also determines the liable party. Some of these causes include:
- Drunk driving
- Speeding
- Overloaded or improperly loaded cargo
- Distracted driving
- Traffic law violations
- Fatigued driving
- Improper truck repairs and inadequate maintenance
- Faulty road construction or design
- Defective brakes or tires
Truck accidents can also result from gross misconduct, poor visibility, and general negligence. Despite the cause of the accident, you have a right to claim compensation. Your lawyer will investigate the claim, establish negligence, and work to get you fair compensation.
Determining Liability for Your Damages
Even though trucking companies are typically responsible for their driver’s conduct while on duty, liability in truck accidents can involve several other parties. To determine liability, your lawyer will obtain the police report and work with accident reconstruction experts to understand the cause of the accident and file a claim that supports your case.
Based on the details of your case, your lawyer will demand damages for your injuries and other losses. Different individuals and/or entities could be named in a claim or lawsuit, including:
- The truck company
- The truck driver
- The company leasing the truck
- Cargo loaders
- Truck owner
- Truck manufacturer
- A repair shop or mechanic
In cases with shared liability, you can claim damages from all parties involved. A truck accident lawyer in St. Augustine with our firm is familiar with such claims and knows how to determine what your claim is worth and negotiate a fair settlement.
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Damages in Truck Accidents
The damages you can claim after a truck accident will depend on the accident’s severity, injuries, effects, and individual circumstances. You can claim economic damages which are based on your accident-related out-of-pocket expenses, including:
- Current and future medical expenses
- Current and future lost income
- Reduced earning capacity
- Rehabilitation
- Prescription medications and medically assistive devices
- Property damage
- Other out-of-pocket costs
You may also be eligible for non-economic damages that account for the physical and emotional impacts of the accident. These include:
- Pain and suffering
- Mental anguish
- Scarring or disability
- Loss of consortium
- Loss of enjoyment of activities
If the accident caused the death of a family member, please accept our deepest condolences. You may be eligible for additional damages via a wrongful death case, such as funeral and burial expenses. Our team can let you know if your case qualifies during your free initial consultation.
What Your Lawyer Will Do for You
Your lawyer will do the following:
- Gather evidence (e.g., witness statements, medical reports, police reports, accident scene pictures, video footage, expert reports, etc.)
- Determine liability
- Value your claim
- Handle all communication with the insurance company
- Negotiate for a fair settlement
- Take your case to trial if needed
If the insurance company refuses to settle, our attorneys are prepared to go to court and fight for you. We want you to focus on your recovery while we handle everything else.
Factors That Can Affect Your Claim’s Value
Even though you have a right to claim total compensation for your damages, several factors can affect the case’s outcome, including the following:
Fault
Florida follows a pure comparative negligence rule. According to Florida Statutes § 768.81, two drivers can be liable for an accident. Therefore, if you are also at fault, you will be responsible for your degree of responsibility. For example, if you were 10% at fault and the compensation is $100,000, you will receive 90% of the amount, or $90,000.
Injuries
The type of injuries you sustain will also determine how much you can claim. If you sustain severe injuries such as a traumatic brain injury, loss of limb, disability, and any other damage requiring prolonged hospitalization, surgery, rehabilitation, future medical expenses, and a complete lifestyle change, you will claim more.
Your Actions
The actions you take after a truck accident can make or break your claim. For example, suppose you sustain an internal or unknown injury but fail to seek medical help after the accident. In that case, it will be challenging to prove that your injury is due to the accident. Always seek medical attention following a truck accident.
It is also important not to post any details of your accident on social media. The insurance company can use what you post against you and compromise your claim for compensation. Our truck accident lawyer can handle all aspects of your case from start to finish so you can focus on your family and less on legal issues.
Find a Truck Accident Lawyer in St. Augustine Today
If you or a loved one was injured in a truck accident that was someone else’s fault, we can help you file a claim or lawsuit and seek the justice and compensation you deserve.
A truck accident lawyer from the Law Offices of Anidjar & Levine can get started on your St. Augustine case right away. Call us today for a free case review.
