A collision with a semi-truck or big rig can have devastating results. The smaller car, truck, or SUV occupants involved in a crash with an 18-wheeler almost always suffer the worst damages. A wreck with a vehicle that large can produce life-changing injuries and even result in death.
If you were in a truck accident, you could be eligible to receive compensation for your injuries and property damage. The truck accident lawyers serving Naples at the Law Offices of Anidjar & Levine can help.
For a free legal consultation with a truck accidents lawyer serving Naples, call (800) 747-3733
How Our Team Can Support You After a Naples Truck Accident
We fight on behalf of clients involved in collisions with big rigs. We offer free consultations to examine your case details and advise you of your legal options.
Some other things we can do for you include:
- Negotiating with the insurance company, so you do not have to
- Valuing your accident-related losses
- Filing paperwork
- Helping you stay within the relevant statute of limitations
- Standing with you in court, if necessary
- Investigating your accident
- Searching for information that supports your testimony
- Speaking with your medical team so that we gain a full understanding of your injuries and recovery needs
We will do all we can for you to recover a fair award. These damages could consist of the following.
Naples Truck Accidents Lawyer Near Me (800) 747-3733
Types of Recoverable Damages in a Truck Accident Claim
Because of the size of the vehicles involved, injuries in a truck accident can be severe. They frequently require ongoing—and even lifelong—treatment. If your earning capacity diminishes, we can seek compensation to replace your lost income. You also might be eligible for compensation for pain and suffering and other non-economic damages.
Damages we can attempt to recover on your behalf include:
- Medical bills
- Ongoing therapy and rehabilitation
- Disability accommodations to your home, such as the addition of wheelchair ramps or lifts
- Lost wages, including future wages
- Vehicle repair or replacement
- Pain and suffering
We can also pursue a wrongful death case if you lost a loved one due to another party’s negligence.
Who is Responsible for a Naples Truck Wreck?
If you suffered injuries, several parties could potentially be responsible. Depending on the crash circumstances, responsible parties might include the truck driver, the trucking company, and the manufacturer of the truck or its parts.
The 18-Wheeler Driver
Florida law sets a standard of care that all drivers must exercise. When a driver breaches that standard and causes an accident, the driver is liable for damages and injuries.
Common breaches of the standard of care include:
- Driving while distracted, such as by texting;
- Driving under the influence;
- Failure to obey a traffic control device;
- Failure to yield; and
- Reckless driving.
We examine all available evidence to determine if the truck driver breached their standard of care. We pursue damages accordingly.
The Trucking Company
Florida has a standard called vicarious liability that applies to trucking companies and their employees. This law states that companies bear responsibility for damages caused by employees acting within the scope of their job duties. If the trucking company asked the driver to engage in unsafe driving practices, it might be partially responsible for your crash.
Pursuing a big company for damages is different from pursuing an individual. Big companies have greater financial resources, meaning you can potentially receive a higher payout. However, they also have more legal resources, including highly paid lawyers of their own. Our attorneys can work on your behalf. We have experience going up against trucking companies and large corporations.
The Tractor Trailer Manufacturer
In some cases, the evidence shows that the accident resulted from a flaw in the design of the truck or one of its parts. The manufacturers of vehicle parts may be responsible for the wreck if:
- A bad tire blew out and caused the truck to jackknife
- Faulty brakes prevented the driver from stopping the truck
Our defective product lawyers can determine if manufacturer liability played a role in your accident, and if so, take the appropriate steps to pursue damages.
In certain instances, a municipality like a city or state could be liable for your injuries. You could have been driving a truck and crashed into a bridge that did not have the necessary warning signs. You could also have been harmed due to a negligently designed highway off-ramp.
The Trucking Company’s Insurance Company
Trucking companies carry robust insurance policies to protect themselves and their drivers in an accident. Pursuing an insurance company on your own for damages is difficult. They are notorious in their efforts to pay as little as they can.
We have experience facing insurance companies and know what we are up against. We can use our knowledge and resources to ensure you receive the compensation you deserve.
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How Do You Prove Fault After a Truck Collision?
Collecting damages requires proving that another party meets the legal definition of negligence and that their negligence caused your injuries or property damage.
For instance, truck drivers and trucking companies are bound by laws stating how many hours per day they can drive and how often they must have their trucks serviced. After a crash, the trucking company must produce documentation that it followed these laws. We will immediately send the trucking company a letter requesting this documentation.
We can also demand additional evidence that might prove beneficial to your case. This can include proof that the trucking company adequately trained the driver and conducted background and drug screenings. If the trucking company failed to do these things, their negligent actions might have played a part in your crash.
Your Lawyer will Actively Gather Supporting Information
Other evidence we can collect to build your case includes the following:
- Eyewitness statements
- Expert witness statements
- Truck logs
- Police reports
- Testimony from accident reconstruction experts
- Medical records
What if I Was Partially at Fault for My Accident?
Perhaps you were partially at fault in the accident. If so, do not let anyone convince you that you cannot still receive compensation. Florida Statutes §768.81 imposes a doctrine called contributory fault.
This law does not bar you from collecting damages if you were partially at fault in a collision. It simply reduces your compensation proportionately based on your share of fault. We use the evidence we gather to minimize your share of contributory negligence and thus increase your payout.
How Long Do I Have to File a Lawsuit in Florida?
After sustaining an injury in Florida, you generally have four years to take action under Florida Statutes §95.11. However, other factors could change this timeline, including if you are filing against a municipality. You could have less time to file a lawsuit against the Department of Transportation than against a negligent passenger car driver, for instance.
Why Should I Hire a Truck Accident Lawyer?
Taking on a trucking company on your own is a tall challenge. Most of them have extensive financial resources and a huge team of personal injury lawyers representing their interests. You do not need to hire a lawyer, but retaining one can reduce your stress and allow you to spend more time with your family.
Our team knows how to take on trucking companies. We can put our knowledge and resources to work for you. Let us sit down with you, go over the details of your case, and advise you on the best way to proceed.
Our Attorneys Can Help You Fight for Compensation After a Naples Truck Accident
The consultation is always free. Call today to speak with one of our legal team members about your truck accident. You could be eligible for a fair award.