The Fort Lauderdale personal injury lawyers at the Law Offices of Anidjar & Levine may be able to help you recover fair compensation from the insurance company after a big rig collision resulting in medical bills, lost wages, pain and suffering, and other damages. Our South Florida office offers free case evaluations to victims of truck accidents to help injured people learn more about available legal options.
Who Is Liable for My Fort Lauderdale Truck Accident Injuries?
When another driver causes an accident by acting carelessly and breaking traffic laws, this driver is liable for the property damages and injuries suffered by others involved in the crash. However, a legal precept known as vicarious liability can be used when commercial truck drivers are negligent, causing Fort Lauderdale accidents with passenger vehicles.
This doctrine states the employers (in this case, the truck companies) are responsible for an employee’s actions while performing work duties. This means the trucking firm or related company is likely responsible for the injuries caused by professional truck drivers in South Florida big rig collisions. While this may mean a higher potential payout, it certainly means your truck accident lawyers will be fighting more prominent liable parties and facing complications most people are not familiar with.
A Fort Lauderdale tractor-trailer lawyer from our firm who is an experienced truck accident lawyer can evaluate your case and during your initial consultation can determine the best legal paths you can explore to receive maximum compensation from the liable party or parties.
Are There Other Potential Liable Parties for Your Truck Accident?
Occasionally, truck accident claims occur because of negligent actions by a truck maintenance company, truck manufacturer, parts manufacturer, or tire company. We can help you determine the negligent parties and who is liable for your injuries. You can then pursue a claim for compensation based on that party’s insurance policy.
An automobile collision can result from various factors, and sometimes multiple additional parties can share some blame for one accident. In some cases, the victim may share some responsibility for an accident. This does not necessarily prevent the claimant from collecting financial compensation from the insurance company, but it reduces the available payment based on the contributory negligence rule. Police reports and witness statements from the accident scene may play a part in determining liability.
What Do I Need to Know About the Evidence to Prove My Big Rig Accident Claim?
Many truck accidents in Florida have happened because a truck driver operated their vehicle negligently. When a driver fails to drive reasonably, resulting in a collision and injuries, the injured parties are often able to collect compensation for the physical, emotional, and financial damages they suffer.
To recover your compensation, our truck accident lawyers need to establish the truck driver operated their rig negligently, causing your injuries. Unfortunately, though, this is seldom straightforward. This is because much of the evidence required to prove negligence and causation lies with the trucking company.
Evidence in the trucking industry may include truck logs, mandatory post-accident drug test results, electronic data from the 18-wheeler vehicle’s computer, driver personnel records, and other documentation related to the crash and the driver’s training and history operating commercial vehicles.
How Does a Truck Accident Attorney Preserve Truck Accident Evidence Critical to a Successful Claim?
To preserve this evidence, as your truck accident lawyers we need to send a spoliation letter to the trucking company as quickly as possible. This letter introduces us as the personal injury lawyers representing you and requires that the trucking company collect and protect this documentation and notifies the company of the intent of our law firm to file a claim for compensation with the insurance carrier.
Our experiences team will also gather other critical and compelling evidence after a commercial vehicle crash to build a decisive case establishing negligence and proving the scope of your injuries and economic damages. This evidence may include:
- Accident reports from the police
- Eyewitness statements
- Pictures from the scene of the accident
- Accident reconstruction
- Expert testimony
- Your medical records
- Other documentation of your injuries, including brain scans for a traumatic brain injury (TBI)or broken bone X-rays.
What Types of Damages Can I Recover After a South Florida Truck Accident?
The primary difference in damages in a truck accident case versus the destruction in a typical car crash case is due to the severity of big-rig accident injuries. Truck accident victims often require continuous medical care, sometimes for life.
Spin and head injuries are typical, and many victims can never return to their jobs or previous activities. For this reason, the payouts for these cases are often much higher than those for typical car accident cases.
Some of the damages truck accident victims can recover include:
- Medical expenses
- Therapy and rehabilitation expenses
- Vehicle or home modifications to accommodate a disability
- Current and future lost wages
- The cost of the repair or replacement of the victim’s vehicle
- Other accident-related expenses
- Pain and suffering
We can collect compensation for the costs if you require future medical care for your injuries or even ongoing maintenance. We can also work with expert witnesses to help explain the nature of your ongoing care to a judge and estimate the cost of your future needs. The damages available may differ if you lost a loved one in a trucking accident.
Wrongful Death Damages for Truck Accidents
These special damages are available to families who lost a loved one in an accident, such as a trucking accident. Wrongful death damages can help a family sustain themselves financially, hold the responsible party accountable, and find closure after their loss.
A Fort Lauderdale Fort Lauderdale wrongful death lawyer from our firm can help you claim such damages as:
- Medical expenses: These expenses include any past and future medical bills incurred when treating your loved one.
- Funeral expenses: Funeral expenses are generally covered under insurance policies. However, if there was no insurance coverage, the funeral expenses would be paid out of pocket.
- Loss of support: A surviving spouse or child could receive compensation for the financial support they were deprived of while the deceased was alive.
- Lost income: If your loved one had been employed at the time of their death, then your family may be able to recover lost earnings.
- Loss of companionship: You and your family can seek compensation for the loss of companionship and society experienced by them because of the death of your loved one.
- Pain and suffering: Pain and suffering can take multiple forms, including physical pain, emotional distress, disfigurement, loss of quality of life, and more. In some cases, the pain and suffering experienced by survivors are so great that it causes them to suffer post-traumatic stress disorder (PTSD).
- Mental anguish: Mental anguish includes grief, anxiety, depression, fear, humiliation, embarrassment, anger, and other emotions associated with losing someone close to you.
- Loss of spousal or parental support and love: Spouses and children can also seek compensation for the loss they experience because of the death of their loved ones.
In addition to these types of damages, Florida law also allows victims to seek punitive damages. Punitive damages are designed to deter bad conduct and encourage good behavior. They are awarded only in extreme circumstances where the defendant has acted egregiously or maliciously.
The amount of punitive damages awarded depends upon several factors, including the nature and extent of the wrongdoing, the degree of malice involved, the size of the company, and the defendant’s wealth.
To Show You Have a Valid Claim, You Must Prove Negligence
To determine whether you have a valid personal injury lawsuit against the negligent driver, you must prove that they were negligent. This means proving that the defendant violated their duty of care to you. To do this, you will need to show that the defendant failed to act reasonably and responsibly in light of the foreseeable risks posed by their actions.
For example, if you were injured in an accident caused by a drunk driver, you might be able to sue them for negligence. The burden of proof in a civil case differs from in criminal court. In a criminal trial, the prosecution must prove guilt beyond a reasonable doubt. In a civil case, however, the plaintiff must merely prove that the defendant’s negligence caused the injuries suffered.
If you believe you have a valid claim for personal injury, contact our firm today for a free consultation. We offer a no-obligation, confidential review of your case.
Should I Have a Truck Accident Lawyer in Fort Lauderdale?
If you suffered severe injuries in a truck accident, you should have an advocate who will fight for your fair treatment. You do not have to take on a colossal trucking company alone. The company likely has a team of lawyers behind it, so you should also have a team of truck accident attorneys in your corner. We have the skills, experience, and resources to represent you through the claims process and negotiate a fair settlement.
If negotiating with the insurer doesn’t work out, we can build a solid case to support your claim and file a personal injury lawsuit against the trucking company and any other liable parties. We aim to help every client get the appropriate compensation, helping them recover from their injuries as fully as possible.
Some of the Many Reasons to Hire a Lawyer
You may find a Fort Lauderdale truck accident lawyer from our firm invaluable. Your lawyer can take over your case from you, letting you focus on your recovery and family. Here’s what our team can do for you:
- Effective representation: You may find it challenging to advocate for yourself, especially in the face of the other party’s attorneys.
- Investigate your accident: This entails looking into what occurred before, during, and after your accident, and looking for evidence of what happened.
- Establish your case: Your attorney will need proof, such as the police report, and may need corroborating evidence, such as testimony from a medical expert.
- Valuate your compensatory damages: Your attorney has methods for calculating economic and non-economic damages, like your physical pain and suffering.
- Negotiate your settlement: Your lawyer will ensure the insurance company negotiates in good faith and makes a fair settlement offer, accounting for your damages and their value.
- Protect you: The insurer may claim you were entirely or partially responsible for your accident. Your attorney can protect you from such a claim and ensure negligent parties are held accountable.
- Litigate your case: If negotiations don’t work out, your experienced truck accident lawyer won’t hesitate to sue and take your case to court. In addition, they will help you meet the four-year statutory deadline for filing a personal injury claim in Florida.
Common Causes of Truck Accidents in Fort Lauderdale
Truck accidents can occur due to a variety of reasons, many of which involve negligence either on the part of the truck driver, the trucking company, or other parties. Driver fatigue is a significant factor; despite regulations limiting driving hours, pressure to meet tight delivery schedules can lead drivers to exceed these limits, impairing their reaction times and judgment. Improper loading of cargo can result in uneven weight distribution, making the truck unstable and prone to tipping or losing its load on the roadway.
Mechanical failures are another common cause. Inadequate maintenance can lead to brake failures, tire blowouts, or steering malfunctions. Distracted driving, such as using a mobile device behind the wheel, increases the risk of accidents significantly. Substance abuse, including driving under the influence of alcohol or drugs, also contributes to severe collisions. Understanding these causes is vital for identifying all liable parties and building a strong legal case.
The Importance of Legal Representation After a Truck Accident
Engaging a skilled truck accident lawyer is crucial due to the complexity of these cases. Trucking companies often have substantial legal teams and insurance companies aiming to minimize their liability. An experienced attorney can navigate the intricate web of federal and state regulations, ensuring all potential violations are identified. They will conduct a comprehensive investigation, gathering critical evidence such as driver logs, maintenance records, and data from the truck’s electronic control module (black box).
Your lawyer will advocate on your behalf, handling all communications with insurance companies and opposing counsel. They will work diligently to negotiate a fair settlement that covers medical expenses, lost wages, pain and suffering, and other damages. If a satisfactory agreement cannot be reached, your attorney is prepared to represent you in court, presenting a compelling case to seek the maximum compensation possible. Legal representation not only increases your chances of a favorable outcome but also allows you to focus on your recovery.
Steps to Take After a Truck Accident in Fort Lauderdale
Immediate action following a truck accident can significantly impact the success of your claim. First, ensure your safety and seek medical attention, even if you feel uninjured; some injuries may not manifest symptoms right away. Contact law enforcement to report the accident, resulting in an official police report that will be valuable evidence. While at the scene, document everything you can—take photographs of vehicle positions, road conditions, damage, and any visible injuries.
Collect contact information from witnesses, as their statements can support your version of events. Refrain from admitting fault or discussing the accident details with anyone other than the police. Notify your insurance company of the incident but be cautious in your communications, avoiding detailed statements until you’ve consulted with a lawyer. Consulting a truck accident attorney promptly ensures that critical evidence is preserved and that you receive guidance on protecting your legal rights.
Compensation Available to Truck Accident Victims
Victims of truck accidents may be entitled to various forms of compensation aimed at addressing both economic and non-economic damages. Economic damages include medical expenses such as hospital bills, surgeries, rehabilitation costs, and future medical care needs. They also cover lost wages due to time off work and loss of earning capacity if the injuries impact your ability to work in the future.
Non-economic damages compensate for intangible losses like pain and suffering, emotional distress, and loss of enjoyment of life. These damages acknowledge the profound personal impact that physical injuries can have on your daily existence. In cases where the trucking company’s or driver’s conduct was particularly egregious, punitive damages may be awarded to punish the wrongdoer and deter similar behavior in the future.
Calculating the full extent of your damages requires meticulous documentation and a deep understanding of personal injury law. A truck accident lawyer can assess all aspects of your losses, including future expenses and non-economic damages, to ensure you pursue the maximum compensation available under the law.
About Our Fort Lauderdale Truck Accident Lawyers
Our firm has helped Fort Lauderdale accident victims for over 15 years. We’ve assisted these people in managing legal matters and, in doing so, helped them with their financial issues. As a result, we’ve established a record of success in recovering financial compensation for our clients.
Since our lawyers primarily handle personal injury cases, including truck accident cases, we’re highly confident we can help with your case. Besides providing the services we’ve mentioned, your lawyer can also help you by:
- Serving you on an affordable contingency basis (you’ll pay for your lawyer’s services only if they recover compensation for you)
- Helping you understand Florida personal injury law better
- Scheduling any necessary appointments while you recover
- Assisting you in getting your vehicle repaired
- Being available to you anytime via phone or email
- Providing constant updates regarding your case
- Answering all your legal questions
Contact the Law Offices of Anidjar & Levine Today
If you or a family member suffered injuries in a truck or big rig accident, please do not hesitate to contact the Law Offices of Anidjar & Levine.
We offer free consultations to all truck accident victims, and our Fort Lauderdale truck accident attorneys can quickly evaluate your case and determine the best course of action.
We Can Help.
