A Miramar 18-wheeler truck accident lawyer can help you or your loved one recover damages if the damages exceed your policy limits. Every accident is unique, and an 18-wheeler truck accident is mainly distinguishable due to the high cost of property damage and severity of bodily injuries.
You may also have to make your claim against multiple parties as there may be more than one at-fault party responsible for the accident. Our truck accident lawyer will help you through the complexities of the legal process involved in personal injury claims.
What You Need to Recover Damages from the Liable Party
Being a victim of an 18-wheeler truck accident does not guarantee that you will be able to recover damages. Due to Florida’s no-fault laws, it is much more complicated to file a claim against the at-fault parties. Under Florida Statutes § 624.155, the law does protect you by requiring insurance companies to act in good faith when settling claims with their clients.
Even if your insurer settles your claim, you may still have significant financial losses from the accident. The state allows you to pursue a personal injury claim against whoever caused the accident. To make a successful claim, you need to prove negligence. This means that you have to gather enough evidence to prove that the liable party failed to act reasonably.
Our Miramar 18-wheeler truck accident lawyer is well suited to gathering evidence. Our attorney will know what evidence to look for and where to find it. For instance, a truck accident lawyer will be able to:
- Get access to videos of the accident if it occurred on a road under surveillance
- Speak to witnesses and get their statements
- Take pictures and videos of the accident
- Request a drug test of the liable party
- Work with accident reconstruction experts
Proving negligence is the best way to ensure that you can recover damage, especially if your injuries and property damage exceed the amount covered by your insurance policy.
Parties You Can File a Claim Against After an 18-Wheeler Truck Accident
18-wheeler trucks are mainly used for commercial purposes. This means that the driver may not be the sole liable party, even if they are at fault for the accident. Employers carry responsibility for their employees through the principle of vicarious liability. Vicarious liability means employers are responsible for the actions of their employees while they are at work. Thus, you can file your claim for damages against the driver’s employer.
Due to the nature of businesses conducted by an 18-wheeler truck, multiple parties could be liable for your injuries from an accident. For example, the party responsible for the truck may be:
- A leasing company
- A shipping company
- A broker
- The company that bought merchandise
- The truck or parts manufacturer
An 18-wheeler truck accident lawyer will investigate who had autonomy over the vehicle when it caused the accident. A lawyer can also determine if there are multiple negligent parties. This is possible due to Florida’s comparative fault laws. The law allows the court to apportion the damages you should receive between more than one at-fault party.
Per Florida Statutes § 768.81, the court decides each party’s percentage of fault based on the existing evidence. A lawyer will maximize the compensatory damages you should receive by making a claim against more than one liable party.
Pursuing Your Claim in Court
You generally have four years to pursue a personal injury claim, according to Florida Statutes § 95.11(3)(a). You may have to take your claim through litigation if out-of-court settlement negotiations fail to yield the expected results. You should not get intimidated into accepting a low offer by the liable party’s insurer.
Pursuing your claim in court, though, means that you have the burden of proof. Our Miramar 18-wheeler truck accident lawyer will serve as your investigator, litigator, and negotiator. Our lawyer will go through any evidence that can help support your claim. They will also compile all the evidence and prepare your case while you recover from your injuries.
The litigation process can be time-consuming and add to the stress and emotional trauma you have experienced in the aftermath of the accident. Having legal representation means you have someone to represent you in court if necessary. Our lawyer can advise you on the best course of action during the litigation process.
For instance, a lawyer can help you recover a timely settlement through an out-of-court agreement. A lawyer’s negotiation skills will help you at this stage. You need someone who can protect your interests and objectively argue why you deserve a certain settlement amount.
Factors Affecting the Value of the Compensation You can Receive
The main factor is the severity of bodily injuries sustained in the accident. Some of the injuries that you may have after an 18-wheeler truck accident are:
- Herniated spinal disc
- Damage to the spinal cord
- Broken bones and fractures
- Burns and lacerations
The cost of treatment both currently and in the future will influence the damages you can recover. The liable party should also meet the cost of physical therapy and home modifications if the injuries have resulted in a disability. If the bodily injuries were too severe, and the injured party died, you or your family can recover damages. Our wrongful death lawyer can help you determine the value of damages you can recover.
The cost of property damage is another factor in determining the compensation you could receive. The loss of income and lost earning capacity are also factors that will influence how much compensation you will get from the liable party’s insurer.
Comparative negligence is another factor you may have to consider. But this is only in the event that you were partly at fault for the accident. You should not let anyone use comparative negligence as an excuse to unfairly reduce your compensation.
Consult a Miramar 18-Wheeler Truck Accident Lawyer Today
Worrying about how you can get compensated does not help you in any way, and it may negatively affect your mental health. A Miramar 18-wheeler truck accident lawyer will answer any questions you have and handle everything about your case.
Call Anidjar & Levine and get a free consultation today.
We Can Help.