Like all other motorists, moving van drivers should behave responsibly on the road to keep others safe around them. However, you could still become involved in a moving van collision here in Lehigh Acres, Florida. Besides potentially causing severe injuries and psychological trauma, the driver’s negligence could cost you thousands of dollars in medical treatments and vehicle repairs.
You have ways to have your accident expenses covered. The Law Offices of Anidjar & Levine has a Lehigh Acres moving van accident lawyer who can help you select the best option for your situation.
Using Personal Coverage First
Florida is a no-fault state, so you cannot automatically file a claim against the at-fault driver. Instead, your initial option is to file a claim with your personal injury protection (PIP) insurance provider. PIP coverage helps pay for injury-related expenses such as medical bills and lost wages. It can also cover your passengers’ costs. If other people drove the car with your permission, PIP would also pay for them.
However, PIP does not pay for property damage, so you will need other coverage to pay for your car’s repairs. If you have collision insurance, it can pay for said expenses.
Qualifying for a Moving Van Accident Case
Severe injuries such as permanent disabilities or disfigurements will give you the right under Florida Statute § 627.737 to file for damages in your Lehigh Acres accident. You can also take legal action if a loved one died in the moving van collision.
The moving van company will likely carry liability insurance, a requirement for commercial trucks by the Federal Motor Carrier Safety Administration (FMCSA). You can file a third-party claim to get compensated by them, but keep in mind that the company will typically only be responsible for their driver’s negligence if the accident occurred while they were on duty. Otherwise, you will have to file directly against the moving van driver.
You could also file a lawsuit against the responsible party if insurance claims do not work out. Lehigh Acres’ civil court will now oversee your case and decide how much compensation you should receive.
Remember that the company or driver’s insurer may do what they can to reduce their payment to you. They may try to minimize their client’s fault in the incident or assign blame to you.
A Lehigh Acres moving van accident lawyer from our firm can inform you about what laws apply to your situation. For instance, if the van’s cargo contributed to the damage, the driver and their company might have violated FMCSA cargo securement rules.
Comparative Negligence Reduces Total Compensation
A successful Lehigh Acres moving van accident case can help you recover economic damages, including medical expenses, lost income, and car repair costs. You could also be eligible for non-economic damages such as disabilities and emotional trauma.
However, you might not receive your damages in full if you share some fault for the collision. Florida auto accident cases work under comparative fault rules established by Florida Statute § 768.81. After reviewing all the evidence, the court could find you partially liable. Your award will then get reduced based on your fault percentage. Let’s say you were initially entitled to $525,000 but are 20% at fault for not evading the van when you could have. This determination would mean you receive only $420,000, or 80%.
A moving van accident attorney from our firm can also help find other evidence to further prove the other party’s liability. For example, they could search for more eyewitnesses or check for footage showing different angles of the crash.
Deadline for Filing Lehigh Acres Moving Van Accident Cases
According to Florida Statute § 95.11(3)(a), you typically have up to four years to file your lawsuit. This deadline applies regardless of whether you suffered injuries or only your car got damaged. If you file on behalf of a deceased loved one, your time limit is only two years. However, if you sue on your child’s behalf, you have seven years to do so. It would be best to start working on your case early, as the court will automatically dismiss submissions that miss their deadlines.
Depending on the circumstances of your accident, some tolling exceptions may apply in your case. One of these is the liable party’s absence. Suppose you directly sue the moving van driver, who tried to evade criminal sentencing by leaving Florida. The statute timer would only resume once they returned to the state.
A Lehigh Acres moving van accident lawyer with the Law Offices of Anidjar & Levine can help ensure that you comply with the statute of limitations. Our team can also check for tolling exceptions to calculate your time limit accurately. They will also track your case’s progress and work with you to finish tasks faster.
We Stand Ready to Fight for You
Complying with your accident case’s requirements and potentially facing a moving company in court can be a distressing notion for anyone. Our Lehigh Acres moving van accident lawyers are here to assist with your legal concerns. They can also serve as your representative when dealing with the insurance company or negotiating with the at-fault party.
The Law Offices of Anidjar & Levine handle civil cases in Lehigh Acres and throughout Florida. Our legal team works with clients in various practice areas, including auto accidents, product defects, and medical malpractice. As a contingency-based law firm, we will not charge you attorney’s fees if you do not win.
For a free case evaluation with a member of our team, call us anytime at 1-800-747-3733. Our office is here 24/7 to discuss with you.
We Can Help.