Florida’s no-fault auto insurance laws require you to suffer severe or permanent injuries before you can hold the at-fault driver liable for your damages. If you do not meet this serious injury threshold, you can only collect compensation from your small personal injury protection (PIP) policy.
In most truck accidents, however, the occupants of smaller vehicles suffer injuries that allow them to surpass this threshold and collect an insurance payout from the trucking company.
If you were the victim of a South Florida truck accident, the attorneys at the Law Offices of Anidjar & Levine can help you pursue the payout you deserve.
Who Is Liable When a Truck Driver Causes an Auto Accident?
When we pursue a third-party liability claim to collect compensation for your serious injuries, we generally do not go after the truck driver as an individual. Because of a legal doctrine known as vicarious liability, we can hold the truck driver’s employer liable after a crash.
This doctrine declares that an employer is responsible for their employees’ actions while performing their job duties. This includes when truck drivers are behind the wheel of a big rig, working for a commercial vehicle company.
For a free legal consultation with a truck accidents lawyer serving Fort Myers, 800-747-3733
How Does Vicarious Liability Impact My Fort Myers Truck Accident Case?
Trucking companies typically have sizable corporate insurance policies with much higher maximum payouts than an individual would carry. This allows a truck accident lawyer from our firm to negotiate a higher settlement to cover your future and ongoing medical expenses and other losses without resorting to filing a lawsuit. This is good news if you suffered severe, permanent injuries and require continuing care.
We have the resources and experience to ensure everyone who caused your accident accepts financial responsibility. We can identify the liable party or parties in your case and file claims to collect the maximum compensation you deserve. In some cases, our investigation may uncover other parties who played a role in causing your accident. This may include tire or parts manufacturers, other drivers, or even other corporations.
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Primary Reasons for Truck Crashes in Fort Myers
Truck crashes can happen because of a multitude of reasons. Some of these include:
- Distracted driving
- Drunk driving
- Drug use
- Poor road conditions
- Improper lane changes
- Failure to yield right of way
- Road rage
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How Can We Prove Our Case Against the Trucking Company After a Crash?
We must prove negligence. Negligence occurs when someone fails to act reasonably under the circumstances. To prevail on our claim against the trucking company, we need to show that they could not meet their duty of care and take reasonable steps to prevent the accident.
For example, if a truck driver was speeding and hit your car, we could argue that the trucking company should have been aware of his driving habits and taken action to avoid the collision.
The burden of proof lies with us. We will present evidence showing that the trucking company breached its duty of care by failing to train and supervise its drivers properly.
Our lawyers also investigate the trucking company’s safety record and any prior crashes involving similar trucks. This helps establish whether the trucking company had noticed the dangerous condition of their vehicles.
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We Will Gather Evidence to Hold the Trucking Company Accountable
To hold a trucker’s employer liable for your accident injuries, we will need to collect a wealth of evidence to support our claim. In most auto accidents, we have evidence that includes:
- Police reports
- Eyewitness testimony
- Images from the scene
- Documentation of property damage to the vehicles
- Your medical records
- Accident reconstruction expert testimony
Additional Evidence of Negligence
In truck accident claims, there is also additional evidence. This evidence stems from the rules and regulations truck drivers must follow because of state and federal motor carrier laws.
Truckers and trucking companies must keep written and digital records to document service hours, rest periods, truck maintenance checks, and other vital data. We can use this evidence to support your case if we request it quickly after your crash.
When we sign on to handle your truck accident case, one of the first things we do is send a spoliation letter to protect this evidence. This letter informs the trucking company of your claim and demands they preserve evidence that includes:
- The driver’s rest logs
- Maintenance logs and records of maintenance checks
- Data from any computers in the truck
- Post-accident drug and alcohol test results
- Documentation of the damage to the truck
- The driver’s personnel records, including training and work history
What Happens During the Truck Accident Claims Process in Fort Myers?
We handle the entire claims process for you, from start to finish. We collect the evidence, build a strong case, determine a fair settlement value, and then send a demand letter to their insurance company or legal team. This demand letter outlines our evidence and requests a specific payout to cover your medical care, property damage, lost wages, pain, and suffering, and other losses.
This demand letter does not signal the end of your claims process; it is just beginning. In response, the trucking company and its insurance provider will likely offer a much lower payout.
This begins the insurance settlement negotiation process. We go to bat for you, fighting for the maximum payout you deserve based on the facts of your case. Usually, this aggressive approach to negotiation is successful, and we can reach a fair settlement.
If the insurance company representative denies liability or refuses to pay a fair settlement, we can pursue a civil suit or personal injury claim in court. Sometimes just threatening this will encourage the trucking company to increase their settlement offer. In other cases, we need to take your case to court and have a judge award the payout you deserve.
While we understand that most of our clients do not want to go to court, we have the litigation experience to make this as painless and low-stress as possible for you and your family.
How Much Is My Truck Accident Claim Worth?
There is no way to know how much you will receive for your claim until we successfully negotiate a settlement or the judge awards you compensation. Of course, we need to know approximately how much the crash cost you to understand what a fair settlement looks like.
We use bills, receipts, and other documentation to calculate your current expenses and losses to determine a fair amount. Then, we call in experts from our vast network to help us understand your future and ongoing care costs and the value of your future lost income because of the crash.
Only once we understand the total value of your economic losses can we put a value on your non-economic losses, like pain and suffering. There are several ways to calculate this total. We can discuss the best option for you when the time comes.
Once we do the math, we can provide you with a range of values in your case. This allows you to understand what a fair settlement may look like. It also gives us a target for our negotiations and a place to start when we send our demand letter.
Why Should You Work with a Truck Accident Lawyer From Our Firm?
Results matter to us at the Law Offices of Anidjar & Levine. We’ll assist you with every aspect of your case. Insurance negotiations, gathering evidence, and filing an insurance claim or personal injury lawsuit are just some of our services.
We recognize that the aftermath of a truck accident can be scary, stressful, and confusing. We want to put your worries to rest. To do so, we provide our clients with the following perks:
- We offer consistent case updates
- We provide you with the phone number of the lawyer assigned to your case
- We can review your case for free
- We can help you schedule appointments so it’s easier to get your car fixed
What Our Clients Have Had to Say
This no-nonsense approach to legal matters has led to many satisfied clients. Check out our client testimonials page for why you should hire us for your truck accident claim.
Our Fort Myers truck accident lawyers work tirelessly to ensure you’re comfortable throughout your case. While you focus on recovering, we focus on building a solid case on your behalf.
Get Started on Your Truck Accident Case as Soon as You Can
Keep in mind that there is a statute of limitations on filing a personal injury lawsuit in civil court. Florida provides truck accident victims a four-year window to file a lawsuit after the accident, per Florida Statutes § 95.11(3)(a).
If you lost a loved one in a Fort Myers truck accident, you have two years from the date of their passing to file a wrongful death lawsuit.
These statutory deadlines may vary based on the context of your case. If you’re unsure about how deadlines could impact your case, a truck accident lawyer serving Fort Myers could provide an explanation.
Building a Case Takes Time
Building a strong case takes time. The longer you wait, the greater the chance critical evidence disappears or eyewitness accounts of the accident fade away.
Your objective is to be better prepared than insurers and opposing legal counsel. Don’t wait to get started. Our team can listen to the details of your accident, obtain a copy of the police report, and build a strong compensation case as soon as possible.
How Can I Reach a Truck Accident Lawyer in Fort Myers?
You would need dedicated legal representation if you or a family member suffered severe injuries in a Fort Myers tractor-trailer accident. The Law Offices of Anidjar & Levine offers free case reviews and handles these cases on a contingency basis.
This means you do not pay us until we win a payout for you. Call or contact us online today for a complimentary consultation with a team member.
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