Navigating the aftermath of a collision with a commercial truck can be painful and stressful, but an experienced truck accident lawyer can help you get back on your feet. You need a law firm with the expertise and dedication necessary to fight for the compensation you need.
If you or a loved one suffered injuries in a Florida truck accident and you suspect someone else caused it, a Jacksonville truck accident lawyer can provide support. We can investigate the crash and determine if another party owes you money.
Contact the Law Offices of Anidjar & Levine today to schedule a free, no-obligation consultation.
Overview of Truck Accidents
Truck accidents are some of the most dangerous and devastating motor vehicle collisions. Due to their size and weight, commercial trucks can cause severe injuries and fatalities when they collide with smaller vehicles.
Truck wrecks are different from other accident cases in several ways:
- The injuries are typically more extensive, given the size and weight of semi-trucks.
- Special federal trucking laws apply to commercial drivers.
- Victims may face strong opposition from the team of attorneys that truck companies often employ.
- Evidence tends to get “lost” or destroyed unless an attorney takes steps to prevent that.
We can help with your claim and hold negligent drivers or carriers liable for the harm you have suffered.
Florida Trucking Accidents Do Significant Damage
Florida Highway Safety and Motor Vehicles (FLHSMV) compiles statistics regarding the number of truck crashes that occur in the state every year, as well as how serious those accidents are. In 2020, as shown on Page 15 of the report:
- Trucks and cargo vans weighing less than 10,000 pounds caused over 80 incapacitating injuries.
- Trucks weighing more than 10,000 pounds caused more than 100 incapacitating injuries.
- There were more than 30 fatalities involving trucks of all sizes.
Non-incapacitating injuries were even more common, with trucks causing over 850 such injuries in 2020. Although even minor injuries warrant a claim with your insurer, a catastrophic injury could qualify you for maximum compensation from the liable party’s insurance company.
For a free legal consultation with a truck accidents lawyer serving Jacksonville, 800-747-3733
Our Law Firm Can Help With Your Jacksonville Truck Accident Case
The personal injury lawyers on our legal team are passionate about helping truck accident victims secure justice and compensation for their injuries.
We can help with all aspects of your personal injury case, from preserving evidence and filing documents to negotiating with the insurer and litigating in court. We aim to provide our clients with responsive legal care and the outcome they deserve.
You will receive frequent updates on your case, and we will give you your attorney’s personal phone number. You can expect us to respond to all your calls and emails. We’ll even help you get your car fixed and schedule any medical appointments.
You worry about getting better while we take care of the rest.
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Can You File a Claim Against the Truck Driver for Your Injuries?
Florida is a no-fault insurance state, meaning that in most cases, everyone files a claim with and recovers compensation from their own insurance company, irrespective of fault. However, there are certain times when you can step outside of the no-fault system and hold another driver accountable for your damages.
According to Florida law, if your injury meets one of the following criteria, it qualifies as a “serious injury.” You may seek financial recovery from an at-fault party after an accident when:
- Your injury is permanent.
- You suffered significant and permanent scarring.
- The accident caused your disfigurement.
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Which Insurance Company Should You File Your Claim With?
If the truck driver or truck company was mostly at fault for the accident and your injuries qualify as serious, it is better to take action against the trucking company rather than file a claim with your insurer.
This is because your insurance carrier limits your recovery based on your policy limits. Most people only carry minimum coverage, so you are likely looking at a maximum of only $10,000 in personal injury protection (PIP) coverage.
On the other hand, trucking companies will typically have more comprehensive coverage, so you can recover far more through their insurance. Also, when you file against a large company, you could recover additional damages, such as pain and suffering.
We Are Familiar With Insurance Company Tactics
The outcome of your truck accident claim is important to you and your family, so you want to get the highest settlement possible. Before taking any action, please speak to one of our Jacksonville truck accident attorneys about your options.
We can point you in the right direction and help you make informed decisions about your case. We know the tactics insurers use to devalue claims, and we won’t let you get lowballed.
Allow us to step in and handle all communication with the insurance company. We are wise to the games they play to minimize payouts.
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Was the Truck Driver or Carrier at Fault in the Accident?
You can hold the trucking company liable for your losses if you can show that the driver or the company was somehow negligent. In legal terms, “negligence” means failing to act reasonably and safely so as not to put others at risk of harm.
If the company or trucker somehow breached the standard duty of care and their actions (or inaction) caused the crash, they are responsible for your injuries. We could help establish their negligence.
Common Forms of Truck Driver Negligence
The Law Offices of Anidjar & Levine have handled numerous trucking accident cases for injured victims throughout the years. Below are some of the most common forms of truck driver negligence we have seen:
- The truck driver was poorly or inadequately trained.
- The driver exceeded the legal hours of service rules and was driving while fatigued.
- The driver was texting or using their phone while driving.
- The driver overcorrected or made another serious maneuvering mistake.
- The driver was intoxicated.
- The driver sped, traveled too fast for the conditions, or failed to look before changing lanes.
- The cargo was overloaded or improperly loaded.
- The trucking company or driver failed to maintain or repair the truck properly.
When we look into your accident, we will pinpoint what went wrong, and from there, we can identify the liable party or parties.
How the Elements of Liability Work in a Truck Accident Case
Let’s walk through how Florida law applies the elements of liability to a hypothetical truck accident claim:
- The defendant must have owed you a legal duty: Everyone driving a motor vehicle on public roadways must obey traffic laws and drive carefully. The law limits the hours that commercial truck drivers can drive without taking a rest break.
- The at-fault driver breached the legal duty of care: When someone violates a standard of care, they are negligent. Let’s say that a tractor-trailer driver worked longer than the law allows without a rest break. Even if the driver does not get into a collision, they are negligent for breaking that law.
- The careless action must cause the accident: If another party’s negligence caused or contributed to the accident, the situation meets the required causation factor. In our scenario, the commercial vehicle driver fell asleep at the wheel, drove across the median, and struck another vehicle head-on. Their carelessness caused the collision.
- You suffered damages as a result of the crash: Usually, you must have measurable losses to pursue a claim for compensation in a personal injury case. If you sustained physical injuries, you have quantifiable damages that satisfy this required element of liability.
When we can prove all four of the necessary factors of liability based on negligence, we can seek compensation from the at-fault party.
You Can Afford To Hire a Jacksonville Truck Accident Lawyer
It’s bad enough to have to deal with the pain and stress of your injuries and the medical procedures needed to treat them. You shouldn’t also have to battle a multibillion-dollar insurance corporation alone.
Florida law allows us to handle personal injury claims on a contingency-fee basis rather than charging our clients by the hour. You will not have to pay us any upfront legal fees to retain us. We work hard for you and wait patiently until the end for payment.
Instead of an hourly rate, we will receive a percentage of the potential settlement or jury award. We will give you that percentage at the beginning of your case, so you know what to expect. In other words, you can afford to hire an attorney because we don’t get paid until you win.
Types of Losses You Could Recover With a Truck Accident Claim
Our personal injury lawyers can help you pursue several forms of financial compensation for your losses and expenses related to your injuries.
The value of your claim depends on the severity of your injuries, your prognosis, the estimated dollar amount of your current and future medical bills, the duration of your disability, and other factors.
Cases where the victim sustained lots of scarring, an amputation, or another disfigurement, will naturally result in more losses. Some of the things we can seek recovery for on your behalf include:
- Medical costs.
- Physical therapy and rehabilitation.
- Lost wages, reduced earning capacity, and loss of work benefits.
- Property damage to your vehicle.
- Mental anguish and various psychological harms.
- Pain and suffering.
- Reduced quality of life.
- Physical and intellectual disability.
- The effect of your injuries on your job, family, and sense of well-being.
Similarly, if your loved one died in a truck accident, you can seek compensation for the losses you have sustained. Wrongful death damages include loss of financial contributions your loved one would have made, funeral and burial expenses, and loss of support and consortium.
How We Pursue the Compensation You Need
Neither the law nor the insurance companies are the easiest institutions to deal with. They have their own rules and priorities that do not necessarily coincide with your needs.
To protect your rights and give yourself time to recover from this terrible event, let our team do the following and more on your behalf:
Investigate the Crash
Whether you clearly recollect the accident, your testimony may not be enough to get the money you need. While we can include your statement as part of our case file, we can also:
- Visit the accident scene.
- Review news reports, personal photos, surveillance cam footage, and other materials that depict the collision.
- Request copies of your medical records, the official accident report, and more.
- Speak with witnesses and experts who may provide important insight into what happened.
- Provide the liable party with any evidence they request from you.
- Request evidence from the liable party.
Determine a Course of Action
Many cases settle out of court without anyone setting foot in a courtroom. Others require us to argue our case before a judge and jury.
Whether your case goes to court depends on numerous factors, including the liable party’s willingness (or unwillingness) to negotiate. Our experience enables us to guide clients toward the course of action that is most likely to get them fast and fair compensation.
The Deadline for Taking Action in Your Truck Accident Case
Florida imposes time limits, called “statutes of limitations,” on all personal injury lawsuits, including truck accident cases. If you miss the filing deadline outlined in Florida Statutes § 95.11, you will no longer be able to file a civil suit against the at-fault party.
You also won’t be able to get an insurance settlement for your injuries and other losses. The at-fault party and their liability insurance carrier will get away with the harm you suffered without paying you anything.
Contact Us Today for Your Free, No-Obligation Consultation
Reach out to Anidjar & Levine today for a case evaluation to see how a truck accident attorney can be of service to you after your Jacksonville accident. If a negligent party is responsible, you deserve restitution for your injuries and other damages.
We handle cases on contingency, meaning you pay nothing upfront. We obtain compensation for you, and the fees come from your settlement or court award. We only get paid when we win your case. Contact a Jacksonville truck accident attorney today for a free consultation.
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