Construction trucks are large vehicles that carry materials to and from a worksite. They are heavy, bulky, and can create substantial damage to a passenger car, even causing death. More than 4,000 people died in truck-related accidents in 2018, according to the Insurance Institute for Highway Safety (IIHS).
If you had a construction truck accident in Punta Gorda and are interested in seeking legal action, contact the Law Offices of Anidjar & Levine at 1-800-747-3733 today for a free case evaluation. A Punta Gorda construction truck accident lawyer with our firm may be able to help you file an insurance claim or lawsuit. We offer responsive legal care, and we make sure to take care of you throughout the legal process.
Filing a Construction Truck Accident Lawsuit
When you are in an accident with any commercial vehicle type in Florida, you must file a crash report immediately, according to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV). If you call 911 or the police, they will fill one out once they get to the scene of the accident, according to Florida Statutes §316.066.
You also must prove that the driver acted negligently and that this negligent act caused the accident, which, then, caused your injuries and distress. If you are confident that this is what happened to you, you likely have a case.
However, you will need to gather evidence and, even better, witness testimony. The Law Offices of Anidjar & Levine can help you do this so that you can spend more time healing.
Choosing Who to Sue
Before you can pursue legal action, you will have to figure out who is at fault in your construction truck accident. This means you would need to find out if faulty equipment caused the negligence referenced above or the company did not uphold the standard for its commercial trucks, which caused the accident. In this example, you may be able to sue the driver, the manufacturer, or the company that owns the truck.
The Florida Highway Patrol (FHP) shares that all commercial vehicles must have the following:
- Updated tag registration
- A valid USDOT or Florida number displayed
- DMV highway safety fuel decal if:
- The power unit has three or more axles
- Vehicle exceeds 26,001 pounds
- The truck operates between two or more states (interstate)
- Correct weight and size
- Safely working equipment
If the owner of any construction truck does not follow these rules, they could face fines. It is the owner’s responsibility to make sure they are up to date, whether it is the driver or the company. These steps can be a bit challenging because all of them will usually have a defense team and an insurance adjuster ready to knock down the compensation you feel you deserve for your losses.
Pure Comparative Negligence
Florida follows the “pure” comparative negligence law outlined in Florida Statute, title 45 §768. This means that both parties are responsible for paying their share of the negligence. No matter if that part is 1% your fault, the court will deduct that percentage from your final compensation amount.
Timelines for Filing
According to Florida Statutes §95.11(3)(a), you generally have four years from the accident date to file a personal injury lawsuit. If you are filing a wrongful death action, you have two years from the death or discovery of the cause of death, per Florida Statutes § 95.11 (4)(d). These deadlines are the state’s statutes of limitations. If you miss filing your lawsuit by the deadline that applies to your case, you risk losing your opportunity to pursue legal action to recover your losses. Some exceptions could apply to your case. You can speak with an attorney who can advise you on whether they affect your case and how you can proceed.
We Do the Legal Work While You Heal
Our Punta Gorda construction truck accident lawyer can help you navigate your lawsuit so that you can spend time healing.
Filing claims or lawsuits against a company or its workers can come with much more than simple legal work. There are other layers of the law to consider to ensure your rights are protected. The opposing side likely will have legal teams ready and insurance adjusters prepared to offer you the lowest compensation possible.
Do not answer any questions from them, as you can consult with a lawyer first. If you choose to hire a lawyer, they can help you build your case and handle negotiations with insurers and other parties on your behalf. If you talk with insurers before you have had time to consider legal representation or the value of your case, they can use anything you say or do against you, which could result in you receiving no compensation.
Call the Law Offices of Anidjar & Levine as soon as possible at 1-800-747-3733 today for a free consultation where you can tell us the details of your accident. Let us take care of everything while you worry about getting better.
Awards for Your Losses
According to the FLHSMV, there were more than 1,000 injuries due to accidents in Charlotte County in 2018. These accidents can accumulate a lot of bills as well. When you file a lawsuit, you are filing for compensation for your losses. These are economic and non-economic awards for damages and pain and suffering, and they can even cover what you may lose due to wrongful death.
Economic damages include:
- Medical bills
- Funeral and burial costs
- Lost wages
- Property damages
- Future lost wages
- Prescription costs
- Emergency room bills
- Physical and psychological therapy
- Lost wages from the death of a family member
Non-economic damages include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment
- Loss of mentorship
- Non-monetary loss from the accident
Call the Law Offices of Anidjar & Levine Today
The process of reliving your accident over and over again can add unnecessary stress to filing your lawsuit. That is why our Punta Gorda construction truck accident lawyer is here to help. We want to relieve you of that burden. We investigate every angle to produce the most robust case we can for you.
Contact the Law Offices of Anidjar & Levine at 1-800-747-3733 today for a free consultation. Do not leave yourself open to added stress when you have our team here to take care of the process from start to finish.
We Can Help.