Florida truck accidents are complicated. People are probably telling you a million different things about whom you file with and the best way to approach your situation. Let a truck accident lawyer in Doral at the Law Firm of Anidjar & Levine tell you the right information.
Call today: 800-747-3733.
How Can I Recover Compensation for My Truck Accident Injuries?
Because Florida is a no-fault state, you first file with your own insurer. Your personal injury protection (PIP) coverage gives you up to $10,000 in benefits to pay for your medical expenses and lost wages. It is important to note that PIP only covers 80 percent of medical bills and 60 percent of lost wages.
Note: If you do not seek medical attention within 14 days, you will be unable to recover compensation.
To recover PIP benefits, you will need to file a timely claim with your insurance company and provide it with all the necessary documentation to prove that you were in an accident and suffered damages. Our attorneys will:
- File your claim within the required time frame so you are not barred from recovering compensation.
- Provide your insurer will all necessary documentation including police reports, medical reports, and employment records to bolster your claim.
- Advise you regarding requests from the insurance company to ensure you do not jeopardize your right to compensation.
PIP Benefits May Not Be Enough to Cover Your Damages
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PIP benefits are likely not enough after a truck accident. In fact, a large number of accident victims do not end up getting anywhere near the maximum amount of $10,000. Victims may receive $2,500 or less, unless their injuries qualify as emergency medical conditions (EMCs). Under Florida Statute § 627.736, an EMC is any condition that:
- Seriously jeopardizes a patient’s health
- Seriously impairs bodily function
- Causes dysfunction of a body part or organ
This criterion is somewhat vague and open to interpretation, making it easy for a doctor to determine that you do not have an EMC and are therefore only entitled to $2,500 in PIP benefits.
While this practice might be shocking to you, we know from experience that even your own insurer will not have your best interests at heart. We will stand for you and ensure you get the compensation you deserve.
What Are My Other Options For Financial Recovery?
For truck accident victims with severe injuries, there is another way to recover damages. Under Florida law, you may file a lawsuit against the parties responsible for your accident if you or your loved one suffered a:
- Permanent or significant loss of bodily function
- Permanent or significant scarring
- Permanent or significant disfigurement
- Permanent injury within a reasonable degree of medical probability
These injuries are all too common in truck accidents. We will work with your doctors to prove you suffered one of these injuries.
Filing an Injury Claim
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Once we have established the severity of your injuries, we will file a claim. In most cases, your liable party will be the trucking company. Because of the theory of vicarious liability, the company is liable for the actions of its employees. Therefore, if the truck driver behaved negligently, the company must cover your injuries.
To prove negligence, we will need to establish that the driver breached a duty owed to you (e.g., to drive safely) and that this breach caused you injury. Some examples of truck driver negligence include:
- Falling asleep behind the wheel
- Driving under the influence of alcohol or drugs
- Speeding/driving too fast for conditions
- Failing to apply the brakes
- Inattentive driving
We can also hold the trucking company directly liable for:
- Failing to conduct regular vehicle inspections.
- Allowing or forcing employees to drive too many hours in a row.
- Failing to conduct background checks before hiring a driver.
- Failing to properly train employees.
- Keeping drivers on the road after a traffic violation or positive drug/alcohol test.
What Do I Need to Do to Prove My Truck Accident Claim?
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The trucking company and its insurer will do whatever they can to avoid paying out for your injuries. This might involve tricking you into admitting fault or agreeing that your injuries are not serious. In addition to handling communication with the insurer, we will also gather any necessary evidence to build and maintain an airtight case. This evidence might include:
- Photos, police reports, and witness testimony to explain what happened and what laws were violated
- Employment records to show that the driver was working for the trucking company at the time of the accident
- Inspection logs to prove that the company failed to inspect the vehicle involved
- Driving logs to show the how many consecutive hours the driver spent on the road before the crash
- Medical records and expert testimony to establish your injuries and what caused them
Much of this evidence is in the hands of the trucking company. We will send a spoliation letter immediately to preserve any evidence we might need.
Schedule a Free Consultation Today
You can count on the Law Firm of Anidjar & Levine to build a strong case on your behalf and give you the best chance to recover damages for your injuries. Talk to one of our truck accident attorneys in Doral at 800-747-3733 to discuss your legal options.
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