Construction trucks may weigh significantly more than other types of vehicles and could be more likely to cause injury when they are involved in a collision because of their weight. Those who drive construction trucks and those who employ construction truck drivers could be responsible for the losses you suffer because of a construction truck accident, and they may owe you or a loved one compensation as a consequence. You may speak with the team for a Tampa truck accident lawyer to determine how they may help you with an insurance claim or lawsuit.
Call the Law Offices of Anidjar & Levine today for a free consultation about seeking compensation for a Tampa construction truck accident.
All Drivers Have a Safety Imperative
Your decision to drive any sort of vehicle makes you beholden to a duty of care. The Legal Information Institute (LII) explains that a duty of care means that you must drive the vehicle “in the same manner as a reasonably prudent person in [your] position would.” The duty of care for motorists may extend beyond the act of driving, as it may also include the responsibility to ensure that your vehicle is safe before driving.
Those who drive construction trucks have the same duty of care. They could violate this duty of care by:
- Driving under the influence of drugs
- Driving under the influence of alcohol, which the Federal Motor Carrier Safety Administration (FMCSA) notes may be gauged by stricter standards for those driving construction trucks and other commercial vehicles
- Driving above the posted speed limit
- Tailgating other vehicles
- Failing to stay in one’s lane
- Changing lanes without checking blind spots
- Failing to stop at a red traffic signal, stop sign, or yield sign
- Driving on areas of the road where doing so is illegal
- Making dangerous turns
A construction truck driver may also be held financially liable if they fail to inspect their truck before driving. Failure to conduct safety checks could contribute to cargo becoming loose, tires blowing out, and other preventable crash hazards.
The American Bar Association (ABA) explains that strict liability could be one standard by which someone is liable for a motor vehicle accident. This could be the legal principle for holding a construction truck driver’s employer responsible for your accident. A construction company or another party that employs a truck driver could be negligent in their own right by:
- Failing to monitor truck drivers for the use of drugs and alcohol while on the job
- Failing to hold drivers accountable for behavioral and driving-related infractions
- Failing to adequately train construction truck drivers
- Failing to provide safe vehicles
- Encouraging drivers to operate a truck when they are tired, sick, or appear to be unfit in any way to drive
The circumstances of your accident may dictate that parties in addition to a driver and their employer have some level of responsibility for your collision and losses. A Tampa construction truck lawyer may be able to consider all available facts and assign liability for your losses.
Call the Law Offices of Anidjar & Levine today to find out how we go the extra mile for our clients in their times of need.
Your Lawyer Will Seek Justice for Your Losses
Being involved in a collision with a construction truck may result in serious injury and potentially fatal injuries. Whether you are dealing personally with an injury or have lost a loved one, a lawyer will evaluate your losses and seek fair compensation from responsible parties.
In the case of wrongful death, you may experience great pain and suffering from the trauma of losing a loved one. You may recover compensation for this pain and suffering, and may also collect awards for:
- The cost of your loved one’s funeral
- The cost of medical care for the injuries your loved one suffered in their accident
- Income your loved one will no longer collect
- A collection of losses known as “loss of consortium,” which may cover the comfort and companionship that your loved one provided
Your lawyer will aim to determine the value of each of these losses. They will do the same if you have suffered a personal injury, which may cause losses such as:
- Temporary loss of income
- Permanent loss of income if you suffer a lasting disability
- Unwanted changes in your physical appearance
- Healthcare costs
- Damage to your vehicle
- The cost of therapy and medication for psychological injuries
- The cost of rehabilitation for physical injuries
- The cost of temporary transportation
Every construction truck accident produces a unique set of losses, and your lawyer will seek compensation based on the specific harm that you have experienced.
Insurance or a Lawsuit May Be Right for You
The circumstances of every accident are different, and your lawyer can help you determine what your options are for seeking compensation. You may generally have the option of bringing an insurance claim, filing a lawsuit, or attempting an insurance claim and bringing a lawsuit if insurance negotiations are not successful.
Your lawyer may help you regardless of which route you ultimately take. Factors that may determine your ability to secure an insurance settlement include:
- Whether the at-fault party has insurance
- The amount of coverage insurance provides
- Whether there is a dispute about the facts of your accident
- The type and severity of your injuries
- Whether you lost a loved one in the accident
- The best offer that one or more insurance companies extend to you
A lawyer will be prepared to initiate and complete a lawsuit if insurance does not provide the compensation that you deserve.
Call the Law Offices of Anidjar & Levine Today
A Tampa construction truck lawyer may be able to handle your insurance claim or lawsuit from start to finish, fighting for the compensation you deserve while protecting your rights. Call the Law Offices of Anidjar & Levine today for a free consultation.
We Can Help.