Although delivery van drivers transport valuable cargo, they can still act negligently while on the road in Clearwater. They could cause severe injuries and costly property damage to other motorists or pedestrians.
If you or your loved ones are delivery van accident victims, you may be able to get compensation for your suffering and expenses. A Clearwater delivery van accident lawyer from the Law Offices of Anidjar & Levine can help you through the legal process.
Getting Compensation in Clearwater Delivery Van Accidents
Even if the delivery driver was clearly at fault for the Clearwater accident, you might not be able to sue the driver or their company if you only suffered minor injuries.
Florida’s no-fault rule on car accidents means you can only file a claim with your mandatory personal injury protection or PIP insurance provider. This auto insurance will help pay for your injury costs, including hospitalizations and medications. If you cannot work due to your injuries, the insurance will also cover lost wages.
The no-fault policy only extends to injuries. If your vehicle got damaged in the crash, you could still file a property damage liability claim with the driver.
Becoming Eligible for Third-party Claims
Severe injuries such as bone fractures may give you the right to recover damages from the liable Clearwater delivery driver or owner. You would now be able to file claims against them.
Since they transport cargo, commercial delivery companies typically carry injury and property damage liability insurance for their vehicles. An employer’s insurance only covers accidents that happened while on the job. So, if the driver caused the accident while doing a personal errand using the van, the driver would be fully liable, not the company.
However, since private injury liability coverage is not required in Florida, you might not be able to file a claim against the delivery driver. You may have to make a lawsuit instead. In a personal injury lawsuit, Clearwater’s civil court will determine how much you may be entitled to, not an insurance provider.
Recoverable Damages in a Delivery Van Accident Case
In most instances, you can receive two types of damages in a Clearwater delivery van accident case.
The first is economic damages, which pay for actual costs such as hospital stays, surgeries, lost earnings, and car repairs. Funeral and burial expenses may also be included if a loved one died.
The second type is non-economic damages. These compensate for the more abstract costs of the accident, including disabilities and trauma.
When making your case, you will want to ensure that you have collected all the available evidence. Florida Statute § 768.81 also applies to auto accidents in Clearwater. It means that if the court or the insurance company finds you partly at fault, you may only receive a portion of your total damages.
For example, a judge declares you are 30 percent liable because the other driver argues that you did not yield. If you were supposed to receive $920,000, you would only recover $644,000 or 70 percent.
A Clearwater delivery van accident lawyer from the Law Offices of Anidjar & Levine can collect evidence of your damages and the full extent of the responsible party’s liability for your accident.
How a Clearwater Accident Lawyer Can Help You
A Clearwater delivery accident attorney with our firm can help with the tasks involved in making your claim or lawsuit. For instance, we can review your current evidence to see if it may be enough to secure you a fair settlement. If it is not, we could search for more evidence that you might have missed, such as highway surveillance or dashcam footage.
A lawyer with our firm can also serve as your legal representative when facing the insurer or the court. Besides presenting your case persuasively, we can also guide you on what to say when you testify.
We Know the Relevant Laws
A delivery van accident lawyer from our firm will understand the laws that apply to your case. If you have issues understanding a certain statute, we can clarify it to you. We can also check what laws or regulations the delivery driver or the employer broke as we build a case to prove their negligence.
We Can File Your Case on Time
An accident lawyer from our firm can also help you comply with your filing requirements. One of these is the time-sensitive statute of limitations, which is your deadline for submission. Under Florida Statute § 95.11(3)(a), you will typically have four years to file a personal injury lawsuit.
Missing your due date may result in your case’s automatic dismissal, so it would be in your best interest to get started while it is still early. A lawyer from our firm can also check your case for tolling exceptions, which could move your deadline.
Consult with Our Legal Team Today
Though you could potentially be up against well-known courier services in Clearwater, the Law Offices of Anidjar & Levine will be there to fight for compensation on your behalf. Our legal team is ready to guide you through every step of your case, from filing to facing insurance companies or the court.
Our law firm handles civil cases throughout Florida. Some practice areas we work in include auto accidents, medical malpractice, and slip and fall injuries.
For a free consultation with our client intake team and for more information about how a Clearwater delivery van accident lawyer from our firm can help you, call us today at 1-800-747-3733. We work for a contingency fee, meaning our clients don’t have to pay us attorney’s fees unless they win their case.
We Can Help.
