If you were injured in a truck accident that left you with unexpected medical bills, time off from work, and vehicle repair costs, contact the Law Offices of Anidjar & Levine. A truck accident lawyer in Miami Gardens, FL, can help you file an injury claim against the parties responsible.
We handle all aspects of the insurance claims process so that you can spend time recovering from your physical and emotional injuries. Our Miami Gardens personal injury lawyers can help you pursue compensation for your medical expenses, lost wages, pain and suffering, and other damages.
Investigating Your Truck Accident Case
When a box truck, a big rig, or any other type of truck slams into a passenger vehicle, there must be a reason. We can conduct a thorough investigation of your Miami truck accident.
In investigating truck accidents, we may find the truck driver was:
- Driving while drowsy
- Driving while impaired
- Driving while distracted
- Driving too closely (tailgating)
- Speeding
The truck driver or the driver’s insurance company may claim that your actions contributed to thecar accident. If you were partially at fault for the collision, you may still recover compensation. We can help.
The Trucking Company Also Comes Under Scrutiny
Our investigation also determines whether the trucking company contributed, in some way, to the accident. To find this out, we may send a letter to the trucking company requesting they preserve documentation related to the crash.
We may request they preserve:
- The truck driver’s logs that show the total number of hours the driver was on the road prior to the crash
- The truck’s inspection, maintenance, and repair history
- The truck driver’s drug or alcohol screening results after the accident
- The driver’s qualifications for operating the truck
The Federal Motor Carrier Safety Administration (FMCSA) requires trucking companies to maintain documents for a specific period. This means it is crucial for us to obtain this information before the company destroys these documents.
The trucking carrier may be vicariously liable for the truck driver’s negligence, even if the carrier did not directly contribute to the wreck.
We Collect Evidence To Support Your Miami Gardens Truck Accident Claim
We do not rely solely on documentation from the trucking company. We also obtain evidence from other sources to build your injury claim. The additional information we gather may include:
- Your medical records that show the severity of your injury
- Photographs of your injuries
- A police report of the accident
- Photographs of the accident scene
- Video footage of the accident
- Eyewitness statements
Should disputes arise about fault, we may hire a specialist who can reconstruct the accident and determine the cause and fault for the crash.
Proving Negligence Against the Truck Driver and Trucking Company
We must prove how the negligence of the truck driver or the trucking company caused your injury. These parties are called defendants in your injury accident claim.
Our evidence will show how the required elements of negligence apply. These include:
- Duty of care
- Breach of duty
- Causation
- Damages
Other Potentially Liable Parties in a Truck Accident
Aside from the truck driver and their employer, other entities may also bear liability for a truck accident. Our Miami Gardens truck accident attorneys can investigate the evidence and seek compensation from any liable party for their portion of the fault.
Potentially liable parties in a truck accident can also include:
- A third-party driver if their negligence contributed to your accident
- A government entity if preventable road hazards contributed to your accident
- A manufacturer if a defective auto part contributed to your accident
Filing a Personal Injury Protection Insurance Claim After A Miami Gardens Truck Accident
Florida is a no-fault state regarding vehicle accidents. This means that after an accident, motorists first turn to theirPersonal Injury Protection (PIP) insurance, which Florida requires all vehicle owners to purchase. PIP covers medical expenses, lost wages, and death benefits.
Note that underFlorida’s PIP 14-day rule, you must get medical care within two weeks of your accident to be eligible for PIP coverage.
We can help you file your PIP claim in addition to pursuing compensation from the at-fault truck driver and truck carrier.
Estimating the Value of Your Truck Accident Claim
Truck accidents, particularly those involving big rigs, can cause broken bones, a traumatic brain injury, a spinal cord injury that can result in paralysis, and other serious physical conditions. But not all damages are physical. To estimateyour claim value, we calculate all the damages you suffered.
You may be entitled to recover compensation for severalpersonal injury damages that include:
Present And Future Medical Expenses
Medical expenses include ambulance transportation costs, medical testing costs, hospitalization costs, surgical costs, rehabilitation, physical therapy, home health care, assistive mobility devices, and more.
Present And Future Lost Wages
Depending on the nature of your injuries, you may not have the capacity to work as you did before the accident. This could mean a reduction in wages or not being able to work at all.
Vehicle Repair Or Replacement Costs
Although you may have already paid for your vehicle repairs or replaced your vehicle, you can seek reimbursement for these costs.
Pain And Suffering
This includes the physical pain and suffering, mental anguish, and emotional distress that you endured because of the truck accident.
Wrongful Death
If your loved one died due to injuries sustained in a truck accident, you may be eligible to file a wrongful death case to recover the costs of the funeral, future earnings, and other damages.
We Handle Settlement Negotiations For Miami Gardens Truck Accident Claims
After we build your case and file a claim with the trucking company’s insurance company, we negotiate a settlement on your behalf. If the insurer refuses to offer a fair settlement, we may file a lawsuit against the insurance company to get compensation for your injuries.
Contact Our Truck Accident Lawyer in Miami Gardens Today
If you or a loved one suffered injuries or death in a truck accident,the Law Offices of Anidjar & Levine can help you navigate through the legal process and recover the compensation you deserve. You do not have to face this alone.
We work on a contingency basis, which means you do not pay us unless we win your case. Call us today for a free, no-obligation consultation.
We Can Help.
