Few types of motor vehicle accidents are as catastrophic as those involving commercial trucks. If you or a loved one suffered injuries in a collision with a tractor-trailer, you have the right to file a claim or lawsuit for compensation.
The thought of pursuing legal action after a truck accident may be overwhelming. However, you don’t have to do so without support. A Myakka City truck accident lawyer at the Law Offices of Anidjar & Levine can advocate for your rights and handle the legal details while you focus on recovering from the injuries and losses.
Determining Fault for Truck Accidents
One of the most important responsibilities your truck accident lawyer in Myakka City will have is to figure out who is responsible for causing your commercial truck accident injuries. This is the party or parties who will be responsible for compensating you for your suffering.
Multiple parties could be culpable in a truck accident claim. Some of the more common parties found liable include:
- Truck drivers
- The trucking company
- The owner of the truck
- Safety inspectors
- Cargo loaders
- Auto parts producers
- Technicians
- Government agencies
- Other third parties
Truck Drivers Have a High Level of Duty Toward Other Motorists
Since 18-wheelers require additional skills to operate, truck drivers have considerable obligations as part of their job responsibilities. Some of the key actions truck drivers are expected to take when operating a tractor-trailer include:
- Driving smoothly to avoid upsetting the truck’s balance
- Maintaining long stopping distances
- Avoiding skating
- Observing speed limits
- Moving carefully in inclement weather
- Controlling surges
Instances where the truck driver fails to uphold their duty of care can amount to negligence. If any of the truck driver’s actions or inaction cause your truck accident, our team will uncover evidence of it and ensure that they are held accountable.
Federal Trucking Regulations
All trucking companies across the United States must adhere to Federal Motor Carrier Safety Administration (FMCSA) trucking regulations. Some of these regulations and restrictions include:
- Limiting the maximum number of hours driven
- Limiting the minimum number of hours off duty for truck drivers
- Requiring truck drivers to have rest periods
- Limiting the amount of cargo a truck can carry
- Limiting the number of consecutive days a truck driver can work
Of course, it is common for trucking companies to violate these regulations and force truckers to work beyond the federal requirements. When this happens, and a collision occurs, multiple parties may share blame for any injuries sustained.
How to Prove Fault for a Truck Accident
To win your truck accident claim against the liable party, your attorney will need to prove that negligence occurred. The four elements of negligence will need to be met as follows:
- Duty of care: This means your lawyer will be responsible for showing that the liable party was legally obligated to act in a certain way for your and others’ safety (e.g., following FMCSA regulations).
- Breach of duty: We must establish that the liable party acted in a way that put you and others at risk.
- Causation: There must be a connection between the liable party’s actions and your accident.
- Damages: Finally, we must show you suffered considerable damage.
To help build a compelling case against the culpable party, your attorney will be prepared to present strong evidence to support your case, such as:
- Accident reports
- Police reports
- Photos of the scene and your injuries
- Cell phone records
- Chemical blood alcohol tests
- Safety inspection reports
- Medical bills
- Witnesses and expert testimony
Deadlines for Pursuing Your Truck Accident Claim
It is important to take steps to pursue your case soon. This is because Florida Statute § 95.11(3)(a) outlines that the statute of limitations for personal injury claims is four years.
If your lawsuit is not filed before these four years have passed, you will have lost your opportunity to seek compensation in the civil court system. Fortunately, you can avoid running into issues with the statute of limitations when you have a truck accident lawyer handling the details of your case.
Potential Compensation for Truck Collisions in Myakka City
When someone else’s negligence or misconduct is the cause of your injuries, you have the right to be made whole. This means you should be compensated for every single loss related to your truck accident injuries.
There are multiple ways truck accident survivors can receive compensation for their injuries. Generally speaking, you might file a claim with the insurance company or a lawsuit in civil court to get the most out of your claim.
Losses are often broken up into two separate categories to ensure that each is accounted for. These include economic and non-economic damages.
Economic Damages for a Truck Accident
Economic damages are what you would consider your financial losses. These might include:
- Hospital bills
- Medical equipment
- Future medical expenses
- Lost income
- Loss of future potential earnings
- Unexpected child care costs
- Costs of household maintenance and upkeep
- Costs of increased insurance premiums
Non-Economic Damages for a Truck Accident
Non-economic damages do not have a fixed monetary value. This often means that they are far more difficult to quantify. However, non-economic damages have been known to be considerably more impactful than economic damages.
For this reason, you should discuss all the ways the accident has affected your life with your attorney. Some of the non-economic damages that you could recover as part of your Myakka City truck accident claim include:
- Pain and suffering
- Mental anguish
- Inconvenience
- Reputational damage
- Diminished quality of life
- Loss of companionship and love
- Loss of guidance in society
- Disfigurement
- Scarring
These are only a few of the more common types of damages that you could recover as part of your claim. Find out how much your case could be worth when you contact your truck accident attorney today.
Contact a Truck Accident Attorney to Represent you in Myakka City
If you have suffered critical truck accident injuries and you need help recovering compensation in Myakka City, reach out to the Law Offices of Anidjar & Levine to hire a truck accident lawyer.
Call for your free, no-obligation consultation with our office at 1-800-747-3733.
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