A construction truck may be directly involved in a collision or drop debris that causes one or more accidents not directly involving the truck. A lawyer would like to hear from you or a loved one who has been harmed because of a construction truck accident in Naples.
They may be able to win you compensation to cover your losses. Call the Law Offices of Anidjar & Levine today for a free consultation with the team of a construction truck accident lawyer serving Naples.
How a Lawyer can Aid Your Case for Awards
A lawyer may not merely help you with your compensation case, they may lead it. They could handle as much of your case as possible and will take care of any responsibility that you are not required to handle yourself.
You may be in great pain just after your accident. This pain could be physical or psychological if you have lost a loved one because of a construction truck accident – or have trauma from your own accident.
As your case progresses, your lawyer will continue to serve you in several ways. If you bring a lawsuit, then:
We will Help You Establish a Settlement Baseline
Your personal injury lawyer will need to know how much compensation you are entitled to for negotiating a fair settlement. Getting a baseline for how much compensation you deserve will be one of your lawyer’s priorities.
They may do this by:
- Determining how much your accident-related medical expenses cost
- Determining how much it will cost to repair or replace your vehicle
- Calculating your pain and suffering
- Monitoring how much income you lose because of your injuries
A lawyer will keep a continual accounting of your losses, as they may increase with time.
We will Handle Your Case in Totality
Once they have established a baseline for a fair settlement, your lawyer will seek to secure such a settlement. This may require negotiations with the lawyer or lawyers for defendants named in your lawsuit. Those defendants could include a construction driver and their employer, though every accident has unique circumstances that require careful consideration.
The American Bar Association (ABA) reports that most cases end at the settlement stage. But, we will stand by you until your case is finished—even if we have to go to court.
Your lawyer will handle duties that you may not be able or willing to complete on your own soon after your accident, such as:
- Filing injury reports that could be required for you to file a lawsuit
- Dealing with insurance representatives
- Obtaining essential paperwork like police reports
- Organizing your medical paperwork, which may be evidence of your losses
- Initiating your lawsuit or insurance claim
Winning compensation to help you or a loved one cover your losses will be your lawyer’s primary mission.
How you will Pay for Our Services
We have our clients sign onboarding paperwork that establishes a portion of their award for our fee. We do not collect any money from you upfront before we begin working for you. If you do not get paid, neither do we.
Who could be Financially Liable for Your Accident-Related Losses
Liability for a construction truck accident may fall with both the driver and their employer, though every situation warrants individual consideration. You could file a claim against the other driver’s insurance policy if your policy does not cover your losses.
The trucking company could be liable because of a doctrine called vicarious liability. This can become relevant if the company did not fulfill all their responsibilities, like ensuring their drivers followed Federal Motor Carrier Safety Administration (FMCSA) hours of service rules.
A Naples lawyer or their team will speak with you about your construction accident case and explain who they believe to be liable for your losses.
Construction in Naples Brings Certain Hazards
The Bureau of Labor Statistics (BLS) lists construction among the industries of note in Naples. Workers and employers in this industry are responsible for those who drive and oversee construction trucks to operate their vehicles safely.
Some of the ways that truck drivers and their employers may ensure the safe operation of construction trucks are:
Inspecting Trucks Regularly
Construction trucks may be exposed to more wear and tear than other types of vehicles. They may need to be inspected at regular intervals to ensure that they remain roadworthy.
Some of the inspection-related duties of a construction truck owner include:
- Rotating and changing tires at regular periods
- Ensuring brakes are in good condition
- Ensuring vehicle components necessary to secure construction items are free of defect
- Taking dangerous vehicles out of commission until they are replaced or repaired
A construction truck that is defective in any way could be at risk of causing a collision, whether from a tire blowout, brake failure, or another type of problem.
Ensuring that Drivers are Properly Trained and Sober
The Department of Energy Efficiency & Renewable Energy lists construction-type trucks (dump trucks) in the heaviest class of vehicles on the road. Drivers generally require a Commercial Driver License (CDL), which the Florida Department of Motor Vehicle and Highway Safety (FLHSMV) explains may require a driver to undergo skills and knowledge tests.
Having a CDL may not be enough for a driver to qualify as a safe construction truck operator. An employer must ensure that their drivers are capable of driving the truck that they are assigned to operate and must also ensure that drivers are not using substances while on the job.
Securing Items in a Construction Truck
The potential for construction debris, equipment, or materials to fall out of a truck may be an even greater hazard than the threat of a truck being directly involved in a collision. When items inside of a construction truck fall into the roadway, there is the potential for those items to cause numerous accidents by causing oncoming vehicles to swerve or strike the items.
Filing a Lawsuit has to Happen before a Certain Date
Florida enforces timelines on lawsuits. If you want to file legal action against a negligent party, you have a limited time to do so. Under Florida Statutes §95.11, you have four years to file a personal injury lawsuit.
If you want to pursue action against a municipality, you have less time under Florida Statutes §768.28. Seeking closure and an award after losing a loved one would also have a time frame to consider under state law.
Call the Law Offices of Anidjar & Levine Today for a Free Case Review
A Naples lawyer will seek compensation for you or a loved one after your construction truck accident. Call the Law Offices of Anidjar & Levine today to complete your free consultation.
We Can Help.