If you suffered serious, permanent, or disfiguring injuries in a truck accident, we are here to help. At the Law Offices of Anidjar & Levine, we fight for Miami accident victims’ rights, taking on trucking companies and insurance companies. Your Miami truck accident lawyer will seek fair compensation on your behalf.
- Who is Liable for Your Truck Accident Injuries After a Crash?
- How Can We Prove the Trucker Acted Negligently?
- How do Truck Accident Damages Differ from Those in a Normal Car Crash?
- The Kinds of Truck Accidents Our Lawyers See from Our Miami Clients
- What You Should Know About Our Team Before Working with Us
- Contact the Law Offices of Anidjar & Levine About Your Miami Truck Accident
Who is Liable for Your Truck Accident Injuries After a Crash?
Because every accident is different, we cannot immediately know who is liable for the accident damages. However, through our investigation, we can discover the parties you could collect compensation from.
We Can Pursue Compensation from the Trucking Company
Tractor trailer accidents differ from a typical car accident in one major way: The at-fault driver is not the only liable party in a truck crash. Instead, we will primarily face off with the trucker’s employer – usually a trucking company or other large corporation. This is because a legal doctrine known as vicarious liability comes into play.
Under vicarious liability, an employer is accountable for their employees’ actions while they are working. Since the trucker’s job is to drive, a crash caused by a truck driver is the responsibility of that driver’s employer.
This means we have to take on a regional, national, or even international company and their legal team to recover the compensation you deserve. It also means they have a much larger liability policy than an individual would carry.
Many Vehicles Could be Responsible
Liability is not always cut and dry. While you may believe the truck driver acted negligently, another car may have contributed to the accident. Multiple parties often play a role in truck accidents.
You Could Still Collect Damages if You Caused Part of the Accident
You may even share in the responsibility. While we work to mitigate any possible role you had in causing the accident, you can still collect compensation despite being partially at fault. This will, however, reduce how much compensation is available to you.
Other Parties We Could Pursue Damages From
We thoroughly investigate every claim and identify the liable parties in your case. Sometimes we find an accident occurred because of a defective part, negligence on the part of the truck manufacturer, an issue with the truck maintenance company, or a problem caused by the tire company.
How Can We Prove the Trucker Acted Negligently?
Like all other motorists, truck drivers have a responsibility to obey traffic laws and drive in a way that does not endanger others. When they fail to do so, and it causes a wreck, this is negligence. Negligence is important in truck accident cases because we cannot show the truck driver caused the crash or hold the trucking company accountable without it.
To prove negligence, we can collect a wide variety of evidence. This often includes:
- Police reports
- Statements and interviews with eyewitnesses
- Pictures of the accident scene
- Testimony from accident reconstruction experts
However, truck accidents have a wealth of evidence we cannot get our hands on right away. This is because much of the evidence necessary to prove negligence is actually in the hands of the trucking company.
Proving the Accident to the Trucking Company
When you agree to have us represent you, one of the first things we do is draft a spoliation letter to the trucking company. This letter puts them on notice about our forthcoming claim and requires them to protect any evidence in their custody. This may include:
- Electronic or manual truck logs
- Data from the truck’s computer
- Information about the driver’s training and licensure
- Documentation about the truck’s maintenance
- The driver’s personnel file
- Results from the mandatory post-accident drug and alcohol tests
This evidence is critical in proving the truck driver acted negligently or identified the crash’s true cause.
How do Truck Accident Damages Differ from Those in a Normal Car Crash?
Big rigs are massive compared to most passenger vehicles, so when the two collide, the outcome is rarely good for the occupants in the smaller car, pickup, or SUV. Drivers and passengers can sustain life-threatening injuries. Some truck accident victims get permanent injuries, including paralysis or traumatic brain injuries. Many also require hospitalization and ongoing care for weeks or months.
The amount you recover depends heavily on the severity and nature of your injuries and how they affect your ability to work and care for yourself. For example, imagine if a truck driver changed lanes without looking and hit your car.
You suffered spinal cord injuries, leaving you paralyzed from the chest down. You have medical bills from several weeks in the hospital and a month or more of inpatient rehabilitation. You have not worked since the accident and cannot return to your previous job. You had to buy a motorized wheelchair and require the help of a home health aide to shower.
We will Pursue Damages Unique to Your Losses
Your personal injury lawyer can provide proof of all these expenses and losses and request compensation for them. In addition, we could ask for money to pay your ongoing care costs. We work with experts and your doctors to determine your future care needs and include these costs in our claim. If you would need a new wheelchair every three years, we can ask the trucking company to pay for it.
Lastly, we request pain and suffering compensation based on the total of your financial losses. Pain and suffering damages cover the emotional losses associated with your accident and injuries.
The Kinds of Truck Accidents Our Lawyers See from Our Miami Clients
Our team has handled many cases like yours in the past. We are used to seeing accidents caused by the following forms of negligence:
No vehicle operator should get behind the wheel after driving or taking a substance that can alter their ability to focus, move their body, and make sound decisions. However, many do exactly this. A professional driver has even more of a duty of care to keep others safe. You can hold a responsible party accountable for a violation of this nature.
Also, you can pursue criminal charges when you seek a civil case; the two cases will not interfere with each other.
It can be difficult on long drives to keep your mind on the road and your hands on the wheel. However, it is a requirement for safe driving. Truckers might busy themselves with other tasks while working. This can cause accidents – and might have harmed you and your family.
A driver might have been:
- Changing the radio station or cab temperature
- Talking, texting, or using an application on their cell phone while driving
A truck driver has long hours and covers many miles. They have to sleep a certain number of hours to uphold Federal Motor Carrier Safety Administration hours of services rules. However, not every driver does this. A tired driver might have drifted into your lane and sideswiped you.
What You Should Know About Our Team Before Working with Us
We handle all cases on a contingency-fee basis, so your initial consultation is free. You pay nothing until we secure a settlement for you. We can evaluate your case and help you understand your legal options.
We pride ourselves on working for our clients and helping them get the compensation they need. Some of our clients have left reviews describing their experience with us:
“I’ve had nothing but the best experience. Everyone I had the pleasure of working with made what began as terrible and frustrating experiences easier to deal with and process. They are so professional, and so attentive – I never once felt like just a case.” – Kelsey O.
“Hands down the best experience I’ve had handling a tough time. This law firm not only helps you to feel welcome, but literally makes your success their sole focus and mission. [They are] amazing at what they do and I’m thankful I came across such a talented team.” – Natalia M.
We also believe in involving ourselves in our community and supporting charities such as:
- The Broward Sheriff’s Foundation
- Family Fun Day
- The Children’s Science Museum
- Miami Dolphins’ Cancer Challenge
- Jewish Federation
- Kids in Distress
Contact the Law Offices of Anidjar & Levine About Your Miami Truck Accident
If you suffered serious injuries in a truck accident, secure representation from one of our lawyers serving Miami. At the Law Offices of Anidjar & Levine, we fight to protect your rights and recover the compensation you deserve. Do not feel like you have to take on a trucking company and their team of lawyers on your own. We are here to help.
Call us today at 1-800-747-3733 to speak with our truck accident legal team.