Commercial trucks like delivery vans are bigger and heavier than most passenger vehicles. When they become involved in an accident with smaller vehicles and road users, it often results in catastrophic injuries, extensive property damage, and in some instances, loss of life.
When you suffer harm from a truck-related collision, you could be owed compensation for your injuries, lost earnings, and other losses you incurred—or may incur—because of the accident. However, the legal battle will not be easy. You can consult with a Lehigh Acres delivery van accident lawyer from the Law Offices of Anidjar & Levine to understand your next steps. Our professionals will guide you throughout the legal process to help you pursue damages.
Recovering Damages Involves Insurance Companies
When recovering accident-related damages, most cases involve insurance companies. Florida follows the no-fault insurance system in traffic accidents—your insurance carrier will compensate you for medical expenses incurred and lost income. They will pay for these as covered benefits in your personal injury protection (PIP) policy, mandated by Florida Statute § 627.7407 for all of the state’s drivers.
However, PIP can only compensate you up to $10,000 and is limited to your suffered injuries. It will not cover damaged property, other expenses resulting from the accident, and medical costs exceeding $10,000. Your only recourse is to recover these damages from those liable and their insurance.
Many insurance companies will try to dismiss your claim for damages or offer a low settlement amount. Since they want to limit their financial losses, they will cite reasons to justify their refusal to pay or the unfair amount offered. If they do agree to pay, chances are they will not account for future losses or pain and suffering.
A Lehigh Acres delivery van accident lawyer from our firm can help you face insurance companies and protect your rights. We will help with settlement negotiations, and if your case goes to trial, we will represent your best interests in court.
For a free legal consultation with a delivery van accidents lawyer serving Lehigh Acres, 800-747-3733
Determining and Proving Liability for the Accident
When seeking compensation, having an injury does not automatically give rise to an actionable claim. Under personal injury law, one can only recover damages if there are legal grounds to hold the other party accountable.
However, legal liability in accidents involving commercial vehicles, such as delivery vans, is often vague. Unlike car accidents, accountability does not always end with the truck driver. A closer examination of the facts may sometimes reveal other parties’ responsibility in the crash.
Negligence is a commonly used theory in establishing liability for the accident—and by extension, who should pay for the resulting damages. When a party acts unreasonably or fails to fulfill their duty of care, they are negligent and have caused harm. A delivery van driver is liable if they drove recklessly or violated state laws and regulations.
There are cases when liability lies with the driver’s employer or trucking company. Did lapses in the agency’s operating procedures cause the accident? To hold them liable, you must have sufficient evidence to support your claim. It will include data from an electronic logging device, the black box, and vehicle maintenance records—an expert will interpret these to seek something usable in the case.
Establishing liability is complicated—who may appear to be at fault is not always the one responsible. Generally, it is a fact-specific process requiring experience and expertise to resolve. A Lehigh Acres delivery van accident lawyer from the Law Offices of Anidjar & Levine can help you build a strong argument for compensation.
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The Victim May Also Have Responsibility
Florida Statute § 768.81 establishes Florida as a comparative negligence state—it recognizes that both parties may have contributed to the accident by acting negligently and should pay for the damages proportionately to their share of the blame. Under this principle, one’s percentage of fault will diminish the amount of compensation one can receive. If you are 20% responsible for the incident, you only receive 80% of potential economic and non-economic damages.
Insurance companies and liable parties may raise this issue in a bid to discredit the victim’s claims or lower the offered settlement.
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Limited Time to Pursue a Case
Many accident victims think that filing an insurance claim is enough to secure compensation. However, this action doesn’t account for incurring or continuing to incur significant losses due to the accident. You may need future treatments, medicines, and medical devices to recover completely from your injuries. If the incident has caused you to earn a lower income than before, this loss of income may be factored into your claim.
A Lehigh Acres delivery van accident lawyer from our firm can estimate a reasonable value for your damages.
Note that your time to sue is limited. Florida’s statute of limitations for personal injury—Florida Statute § 95.11(3)(a)—gives you four years from the accident date to file a lawsuit. Once the deadline passes, the court could bar you from pursuing a claim, even if it appears to be valid.
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Legal Support in Commercial Vehicle Accidents
Generally, resolving commercial vehicle accidents becomes complicated because of the issues, rules and regulations, and proceedings.
If you are in Florida, a Lehigh Acres delivery van accident lawyer from the Law Offices of Anidjar & Levine can help you explore your legal options for remedy and make a convincing argument for your case. They will represent you, whether at the negotiating table or in the courtroom. To get started, reach out to our team today at 1-800-747-3733.
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