Moving can be an inevitable, bittersweet, and vulnerable time in a person’s life. Being involved in a traffic collision with a moving van on top of that can be a complicated insurance headache wrought with serious medical issues. The Law Offices of Anidjar & Levine represents people injured by moving vans.
Since moving vans are so large, they can be difficult to maneuver on the highway. Other drivers may behave unpredictably, forcing a moving van to swerve out of defensive driving. Still, swerving can cause an accident. A person may be able to help their case by quickly gathering evidence, such as:
- Dashcam footage
- Photos of roadway skid marks and debris scatter
- Photos of the vehicles’ positions immediately after the accident, if possible
- Witness testimony and their contact information
There are complex legal matters to be worked out in cases involving moving vans. For example, if a moving van driver was traveling across state lines, a lawsuit against them may put the federal government and its body of statutes into play. Your Jacksonville moving van lawyer may know how federal and local law work together in your specific case. The Law Offices of Anidjar & Levine may be able to help you. Call us today at (904) 600-4000.
Fighting for Compensation to Cover the Costs of Your Damages
The at-fault party may compensate for damages from an injury. If a defendant hit you on the road while breaking a minor law at the time of the incident, they could be ruled negligent. Injured parties may be able to collect damages to offset expenses, such as:
- Hospital invoices (for emergency room care, extended hospital stay)
- Ambulance bills
- Therapy and rehabilitation costs
- Lost wages or income potential
- Property damage
- Disability, disfigurement
- Pain and suffering
- Wrongful death
No matter how confusing the process may seem at this early juncture, a Jacksonville moving van lawyer may take on your case so that you can focus on your recovery. You can contact our legal team at the Law Offices of Anidjar & Levine for a free consultation about your legal rights and options. Call us today at (904) 600-4000.
Different Parties Could Be Held Liable
Florida is a comparative fault state, according to the Florida Statutes § 768.81. This means that in a multiple-car pileup – where more than one driver may be at fault – a percentage of fault will be assigned to each at-fault driver. This percentage represents the amount of total damages that they will have to pay for or pass along to their insurance company.
The following parties may be at fault in a moving van roadway collision:
- Other drivers
- Moving truck driver
- Moving truck company
- Parts manufacturer
A Jacksonville moving van lawyer may represent you in court, collect evidence on behalf, and file requisite paperwork in a timely fashion to help hold the at-fault party accountable for causing your injuries.
Proving Liability in a Moving Van Accident Case
An injury case must prove the liable party’s negligence and how this negligence caused the accident. Based on the case’s evidence, our lawyer must establish that the four elements of negligence occurred in the accident:
- Duty of care: The liable party owed you a duty of care to operate the moving van safely and keep you and others safe from harm.
- Breach of duty: They did not uphold this duty due to negligence of some kind, either through carelessness or recklessness.
- Causation: This breach of duty caused a crash that led to your injuries and losses.
- Damages: These injuries and losses brought compensatory damages, such as medical expenses, lost income, and pain and suffering, among others.
We Will Work to Establish Who Should Pay for Your Damages
Our legal team wants you to worry about getting better while we take care of everything else. We will investigate the crash thoroughly to collect and present evidence that supports your injury claims. We will also interview witnesses and consult with third-party professionals who can offer insight into what caused your crash or how much your injuries will cost you now and well into the future.
Improperly Secured Loads Can Cause Accidents
Moving vans often contain improperly secured loads. People who are new at using moving van equipment are prone to making mistakes. If an obstacle falls into the roadway from a moving van or truck, there may be legal liability for any injuries caused as a result.
Drivers of moving vans owe a standard of care to the drivers around them and must properly secure and mark their cargo according to standards set by the Federal Motor Carrier Safety Administration (FMCSA).
Other causes of Jacksonville moving van accidents include:
- Speeding: Driving above the posted speed limit can make it harder to slow down or stop a large truck to avoid an accident.
- Bad weather: Weather is a factor that is out of the driver’s control, but they should still take all precautions while operating a vehicle in inclement weather. Rain, snow, wind, fog, and other conditions can make it hard for a driver to see or maneuver a moving truck safely.
- Distracted driving: Anything that takes one’s eyes off the road is a distraction, even if it’s a second. A moving truck driver trying to find an address on a GPS device, talking or texting on a cellphone, or trying to grab a bite on the run runs the risk of having a crash because they weren’t paying attention to the road.
- Untrained drivers: Driving a large truck is very different from driving a smaller vehicle. If a driver doesn’t have the proper training to drive or load a moving truck, an accident can happen.
- Poor vehicle maintenance: All vehicles need routine repair and care. Like other vehicles, moving trucks can experience a tire blowout, failed brakes, steering problems, malfunctioning lights, and other issues. A moving company could be held liable if it doesn’t service its vehicles to guard against these kinds of problems.
You Have a Limited Time to Sue for Moving Van Crash Damages
If we cannot negotiate a fair settlement with the liable party’s insurer, we may have to fight for your recovery at trial. If you want to pursue this option, we have a limited time to do so. Under Florida Statutes § 95.11(3)(a), we have four years from the accident date to file an injury lawsuit.
If you lost a loved one to moving van accident injuries and want to sue for wrongful death, we can help you take action within two years from the decedent’s death date, per Florida Statutes § 95.11(4)(d).
If no legal action is taken by either of these strict deadlines, you risk losing your opportunity to hold the liable party accountable for your damages. We will review your accident to let you know what your case’s timetable is.
Call the Law Offices of Anidjar & Levine Today
One of our legal representatives at the Law Offices of Anidjar & Levine can help you understand your legal options in moving forward. Give us a call for a free case evaluation at (904) 600-4000.
We work on contingency, meaning our firm does not charge you any attorney’s fees up front. Our team does not get paid unless we recover compensation for you.
We Can Help.