According to a 2017 report by the Florida Highway Safety and Motor Vehicles (FLHSMV), around 32,000 accidents in the state involved truck drivers, including moving van renters. If you’ve been in a moving van accident in Palm Coast, we can determine your legal options.
Our Palm Coast truck accident lawyers can investigate your case and help you win fair compensation. We can work with accident reconstruction specialists and conduct an extensive investigation to determine if the driver, company, or any other third party is liable.
Damages in Moving Van Accidents
Though the compensation cannot make up for the pain and any other psychological effects of the accident, it will cater to the financial losses. You can claim damages, such as:
- Current and future medical bills
- Lost income
- Loss of earning capacity
- Pain and suffering
- Property damage
- Loss of consortium
- Disability and disfigurement
- Wrongful death
As your lawyer builds the case, they will gather evidence to support your damages and negotiate for fair compensation. If an insurer refuses to settle, they can file a lawsuit against the liable party, whereby the court will decide on a settlement award.
What to Do After a Moving Van Accident
What you do immediately after the accident can help build or negatively affect your claim. If you are stable enough after the accident, you should:
- Call 911
- Gather witness information and contact information
- Take photos of the damages and the scene
- Get proper medical attention
- Consider hiring a moving van accident lawyer
It can be difficult knowing what to do after an accident. You have the right to legal representation, even if you are filing an insurance claim. A lawyer from our firm can use police reports and other evidence to establish the cause and prove negligence.
Types of Moving Van Accidents
Some moving van drivers have little or no experience operating the vehicle. Additionally, moving van drivers have to properly secure cargo, or it could shift or spill out onto the road and cause an accident.
As such, these vans can cause accidents like:
- Head-on collisions
- Rollover accidents
- Jackknifes
- Side-impact crashes
- Released cargos
- Underrides
- Rear-end collisions
We can investigate the cause of the accident and use that evidence to determine liability.
Negligence Can Cause Moving Van Accidents
Moving vans are prone to accidents like other vehicles, and several factors come into play. Some causes of moving van accidents include:
- Distracted driving
- Lack of experience
- Vehicle defects
- Negligent driving
- Improper loading
- Road and weather conditions
Note that some moving truck drivers are customers who have rented the van. They may not have any experience in handling large and heavy vehicles. Because of this, they may misjudge the speed or distance between them and other vehicles or road users. Furthermore, they may not be familiar with handling the car when the weather changes.
Also, some moving companies fail to adequately repair or maintain their vehicles before they rent them out.
Liability in Moving Van Accidents
Before filing a claim or lawsuit against the at-fault party, you must first establish negligence and determine the liable party. Determining liability in such accidents can be challenging because several parties may be involved, and state and federal laws also limit moving van rental companies’ liability for damages involving rentals. This means the company cannot be liable if the driver is at fault.
The driver would be fully liable if the accident happened due to driving under the influence (DUI), distraction, fatigue, speeding, improper loading, or negligence. The company may only be responsible if they fail to repair and maintain the van properly or rent it to an unlicensed driver, an underage driver, or a driver with no auto insurance. In poor road maintenance, the government or contractor can be liable.
To determine liability, your lawyer will investigate the cause of the accident and file a claim or lawsuit against the driver or their car insurance company, moving van rental company, or a government entity. If the company offers liability insurance to drivers, you can also file a claim against that policy. Lastly, the vehicle manufacturer can be liable if the accident occurs due to a defective part.
Understanding Florida’s Statute of Limitations
According to Florida Statute 95.11, you only have four years to file a lawsuit against the liable party from the accident date. If the accident was fatal, you could only file a lawsuit within two years from the date of the death.
If you don’t file within this given time frame, your suit will be invalid, and you can no longer claim compensation from the liable party. To protect your rights for compensation, get started on your case as soon as possible.
Let Us Handle Your Moving Van Accident Claim in Palm Coast
If you or your loved one is a victim of a moving van accident, don’t waste time. Let our moving van accident lawyer start the process of claiming compensation immediately. At the Law Offices of Anidjar & Levine, we are ready to get started on your case.
We Can Help.
