Truck accidents are some of the most common and catastrophic in the country. According to a Florida Highway Safety and Motor Vehicles (FLHSMV) report, in 2017, an estimated 32,000 crashes involved large trucks. Sadly, these accidents can result in severe injuries and fatalities, especially for passengers in smaller vehicles.
If you suffered injuries or a loved one passed away in a truck accident, you have the right to seek compensation from the at-fault party or parties. An Atlantic Beach personal injury lawyer from the Law Offices of Anidjar & Levine can investigate the accident, determine liability, and file an insurance claim or lawsuit on your behalf.
The Role of an Atlantic Beach Truck Accident Lawyer
After a truck accident that was not your fault, you may be facing a long recovery and costly medical bills. Since you have to establish negligence to claim damages, a truck accident lawyer from our firm who handles these types of cases in Atlantic Beach can help with this complex process.
Your lawyer will do the following:
- Investigate your case
- Gather evidence to support your claim (e.g., police report, medical records, eyewitness testimony, photos and/or surveillance video of the crash scene, the truck driver’s records, etc.)
- Hire experts to testify on your behalf (e.g., accident reconstruction specialists, vocational experts, etc.)
- Value your claim and all of your damages
- Negotiate with the insurance company
- Go to trial if a settlement cannot be reached
Establishing negligence can be complex in a truck accident. To prove your claim, your lawyer must show that the truck company, manufacturer, or driver owed you a duty of care, there was a breach of duty of care, you sustained injuries, and your injuries are a result of the breach.
Causes of Truck Accidents in Atlantic Beach
Several factors that could have played a role in your truck accident. While some accidents can be attributed to the driver, others may be due to the trucking company’s negligence.
Some of the most common causes of truck accidents include:
- Drowsy driving
- Distracted driving
- Driving under the influence
- Equipment failures, such as tire bursts or brake failure
- Blind spots
- Lack of driver training
- Overloaded cargo
Large trucks are challenging to operate. They also cover very long distances and are prone to wear and tear. Truck drivers are also at a high risk of fatigue, primarily when they work long hours without proper rest breaks. Note that the cause of the accident will also determine the liable party.
Your lawyer will investigate the accident and build a strong case against the liable party in order to secure the compensation you will need to move forward.
Determining Responsibility for an Atlantic Beach Truck Accident
Truck companies and drivers are responsible for following all state and federal rules and regulations regarding road safety. These include observing driver work hours, proper loading, truck maintenance, and more.
Several parties can be responsible for your truck accident, including:
Truck Company and Driver
Most truck drivers adhere to traffic, federal, and state regulations. But some are negligent, and that can result in an accident. If the truck driver in your crash was driving while tired or intoxicated, they can be held liable for the accident. Drivers are also responsible for actions such as distracted driving or failing to follow road traffic signs.
Since truck companies are responsible for their driver’s actions while on duty, they are liable for any accident that the driver causes. If you’re in an accident and the driver is at-fault, you may be able to claim compensation from the company’s insurance company.
All truck companies must ensure that they service and maintain their trucks. They should also ensure that their drivers have enough rest and trucks are loaded properly. If a truck accident results from overworking or improper servicing and maintenance, the company can be held responsible for the accident.
Truck and Parts Manufacturers
In some cases, a third party, such as a truck manufacturer or repair shop, can be responsible for the accident. For example, if a repair shop uses an off-market or faulty part when repairing the vehicle, and that caused the accident, they can be held liable.
Truck manufacturers must ensure they meet all safety standards. If the accident is due to a fault in the manufacturing process, the truck manufacturer can be held responsible for the accident.
To claim damages from the responsible party, your lawyer will have to prove the cause of the accident and establish negligence. Our truck accident lawyers work with investigators and other experts to confirm the accident’s cause and consequences.
Damages to Claim in Truck Accidents
The aftermath of a truck accident can be severe. Medical bills may be piling up, and due to your recovery, you may be unable to return to your job. You could be entitled to both economic and non-economic damages. These may include:
- Current and future medical expenses
- Current and future lost income
- Vehicle repair or replacement
- Pain and suffering
- Home and vehicle modification to accommodate a disability
- Rehabilitation and therapy
- Wrongful death
- Loss of consortium
Keep in mind you have a limited time to file a personal injury or wrongful death case in Florida:
Personal Injury: Per Florida Statutes § 95.11(3)(a), you have four years from the date of the accident to file.
Wrongful death: Per Florida Statutes § 95.11(4)(d), you have two years from the date of your loved one’s passing to file.
A lawyer from our firm will ensure all pertinent paperwork is filed in the proper court on time, so you do not lose your opportunity to seek compensation for your injuries.
Contact a Truck Accident Lawyer in Atlantic Beach
If you or your loved one suffered injuries in a truck accident, you can hold the responsible party accountable. Working with an Atlantic Beach truck accident attorney will help you understand your legal rights and options.
Contact the Law Offices of Anidjar & Levine for a free case review. A team member is standing by to answer all of your questions and concerns today.
We Can Help.