Drivers of West Palm Beach highways and roads are no strangers to large commercial vehicles and high traffic. Busy roadways, erratic drivers, and frequent construction can increase the likelihood of a crash with a semi-truck. Although any type of vehicle accident can result in costly bills and painful injuries, the risks are especially high in truck accidents.
Navigating the aftermath of a truck accident in West Palm Beach can be devastating and overwhelming.
With over 3,200 truck accidents occurring in Palm Beach County in a recent year, resulting in 773 injuries and 16 fatalities, the risks on our local roads are undeniable.
These are not just statistics; they represent real people whose lives have been irrevocably changed. If you or a loved one has been involved in a collision with a semi-truck, tractor-trailer, or any other large commercial vehicle, you are not alone. The physical, emotional, and financial burdens can be immense, but you do not have to bear them by yourself.
At Anidjar & Levine, our dedicated team of West Palm Beach truck accident lawyers is here to help you secure the justice and compensation you deserve. We understand the complexities of Florida’s trucking laws and are prepared to fight for your rights.
We offer a free, no-obligation consultation to your case and explain your legal options.
Call us 24/7 at (800) 747-FREE to take the first step toward recovery.
If you were hurt in a Palm Beach County truck accident, you could file a claim for compensation against the driver and trucking company. The trucker’s negligent behavior should not leave you in dire financial straits, and we aim to hold them responsible for your injuries, expenses, and pain and suffering. Our legal team is committed to helping injured accident victims and their families, so call the West Palm Beach personal injury lawyers at Anidjar & Levine for a free consultation.
Why You Need a West Palm Beach Truck Accident Lawyer
Truck accident cases are significantly more complex than typical car accident claims.
The sheer size and weight of commercial trucks, often exceeding 80,000 pounds, often result in catastrophic injuries and extensive property damage.
Furthermore, the trucking industry is governed by a complex web of federal and state regulations, including those set forth by the Federal Motor Carrier Safety Administration (FMCSA).
These regulations cover everything from driver hours of service to vehicle maintenance and cargo loading.
A knowledgeable West Palm Beach truck accident attorney will be well-versed in these regulations and can identify any violations that may have contributed to your accident.
This is a critical aspect of building a strong case, as proving a breach of these regulations can establish negligence on the part of the truck driver or trucking company.
Another layer of complexity arises from the multiple parties that may be held liable in a truck accident. Unlike a car accident, where liability often falls on a single driver, a truck accident can involve the truck driver, the trucking company, the owner of the truck or trailer, the company that loaded the cargo, and even the manufacturer of a faulty truck part.
Each of these parties will have their own insurance company and legal team, all working to minimize their financial responsibility. An experienced West Palm Beach truck accident lawyer will have the resources to investigate all potential sources of liability and pursue claims against all responsible parties, maximizing your potential for a fair recovery.
Insurance companies are notorious for their aggressive tactics in truck accident cases. They often dispatch investigators to the scene of the accident to gather evidence that can be used to deny or devalue your claim. They may also pressure you into giving a recorded statement or accepting a lowball settlement offer before the full extent of your injuries and damages is known.
A West Palm Beach truck accident lawyer will act as your advocate, protecting you from these tactics and handling all communications with the insurance companies on your behalf. They will ensure that your rights are protected and that you are not taken advantage of during this vulnerable time.
Finally, the preservation of evidence is crucial in a truck accident case, and time is of the essence. Critical evidence, such as the truck’s black box data, driver’s logs, and maintenance records, can be lost or destroyed if not preserved quickly.
An experienced attorney will immediately send a spoliation letter to the trucking company, legally obligating them to preserve this evidence. This is a vital step that can make or break your case, and it is one of the many reasons why you need a dedicated West Palm Beach truck accident lawyer on your side from the very beginning.
Common Causes of Truck Accidents in West Palm Beach
The roads and highways in and around West Palm Beach, including I-95 and the Florida Turnpike, are major arteries for commercial transportation.
This high volume of truck traffic, combined with the inherent pressures of the trucking industry, can lead to a variety of dangerous situations.
Understanding the common causes of truck accidents is a key step in determining liability and preventing future incidents. Many of these causes stem from negligence, either on the part of the driver or the trucking company.
Driver Fatigue and Hours of Service Violations: The FMCSA has strict regulations regarding the number of hours a truck driver can be on the road without a break.
Unfortunately, economic pressures often lead to drivers pushing these limits, resulting in driver fatigue. A fatigued driver can have slowed reaction times, impaired judgment, and an increased risk of falling asleep at the wheel, all of which can have deadly consequences.
Distracted Driving: Just like any other driver, truck drivers can be distracted by cell phones, GPS devices, eating, or other activities that take their attention off the road.
Given the size and weight of a commercial truck, even a momentary distraction can lead to a catastrophic accident.
Driving Under the Influence: While it is illegal for any driver to operate a vehicle under the influence of drugs or alcohol, the standards are even stricter for commercial truck drivers.
A truck driver with a blood alcohol concentration (BAC) of 0.04% or higher is considered to be driving under the influence. Any impairment from drugs or alcohol can severely impact a driver’s ability to safely operate a large truck.
Speeding and Reckless Driving: Large trucks require a much longer distance to stop than passenger vehicles.
When a truck driver is speeding or driving aggressively, they may not be able to stop in time to avoid a collision. This is especially dangerous in heavy traffic or adverse weather conditions.
Improper Maintenance: Trucking companies have a legal obligation to ensure that their vehicles are properly maintained and in safe working order. This includes regular inspections of brakes, tires, lights, and other critical components.
When a trucking company cuts corners on maintenance to save money, it puts everyone on the road at risk. Brake failure, tire blowouts, and other mechanical failures can all lead to devastating accidents.
Overloaded or Improperly Loaded Cargo: The FMCSA also has regulations regarding the weight and distribution of cargo in a commercial truck.
An overloaded truck can be difficult to control and may require a longer stopping distance. Improperly loaded cargo can shift during transit, causing the driver to lose control of the vehicle or even causing the truck to roll over.
Inadequate Training: Trucking companies are responsible for ensuring that their drivers are properly trained and qualified to operate their vehicles.
This includes not only the initial training but also ongoing safety training.
A driver who is not properly trained on how to handle a specific type of truck or how to navigate certain road conditions is a danger to everyone on the road.
What to Do Immediately After a West Palm Beach Truck Accident
The moments following a truck accident can be chaotic and confusing. However, the steps you take in the immediate aftermath can have a significant impact on your health and your ability to recover compensation for your injuries.
If you are involved in a truck accident, here are the steps you should take:
- Ensure Your Safety and Call 911: Your first priority should be your safety. If you are able to do so, move your vehicle to a safe location off the road. Check on the other parties involved in the accident and call 911 to report the accident and request emergency medical assistance.
- Seek Medical Attention: Even if you do not believe you are seriously injured, you should still seek medical attention as soon as possible. Some serious injuries, such as internal bleeding or a traumatic brain injury, may not have immediate symptoms. Seeking medical attention will not only protect your health, but it will also create a medical record that can be used to document your injuries.
- Document the Scene: If you are able to do so, use your phone to take pictures and videos of the accident scene. This should include pictures of the damage to all vehicles, the position of the vehicles, any skid marks on the road, and any relevant traffic signs or signals. You should also take pictures of your injuries.
- Gather Information: Get the name, contact information, and insurance information from the truck driver and any other drivers involved in the accident. You should also get the name of the trucking company and the truck’s license plate number. If there are any witnesses to the accident, get their names and contact information as well.
- Do NOT Admit Fault: Do not apologize or say anything that could be interpreted as an admission of fault. Even a simple “I’m sorry” can be used against you by the insurance company. Stick to the facts when speaking with the police and other parties involved in the accident.
- Report the Accident to Your Insurance Company: You should report the accident to your own insurance company as soon as possible. However, you should be careful about what you say. Stick to the facts and do not give a recorded statement without first speaking with an attorney.
- Preserve Evidence: Keep any evidence related to the accident, including the clothes you were wearing, any parts that may have fallen off your vehicle, and any other physical evidence.
- Contact a West Palm Beach Truck Accident Lawyer Immediately: The sooner you contact an experienced truck accident lawyer, the better. An attorney can protect your rights, handle all communications with the insurance companies, and begin the process of investigating the accident and building your case. The trucking company and their insurance company will have a team of investigators and lawyers working on their side from the very beginning. You need someone on your side who is looking out for your best interests.
What Damages Can I Seek After A West Palm Beach Truck Accident?
Calculating compensation after a collision can be challenging for any accident victim, as there are many factors to consider. When dealing with it on your own, you may miss out on crucial compensation or not know if an offer is fair. When dealing with a West Palm Beach personal injury lawsuit or claim, let us review your case. We can look at the losses you’ve suffered and give you an estimate of your claim.
Every personal injury claim is unique, so individual results will vary.
However, recoverable damages in a truck accident case often include the following:
- Medical bills, including hospital stays, surgeries, physical therapy, prescription medications, and other medical treatments
- Loss of income from missing work
- Loss of earning capacity if you are unable to return to your job
- Pain and suffering damages for physical and emotional trauma
- Loss of enjoyment or diminished quality of life
- Loss of consortium
- Property damage costs for vehicle repairs or replacement
- Funeral expenses and other wrongful death damages for fatal accidents
Every case is unique, so giving an average of settlement values is hard. But costs can add up quickly in an accident as potentially catastrophic as a truck collision, and we will fight for everything you deserve and need to make up for the harm done to you.
What Compensation Can You Recover After a West Palm Beach Truck Accident?
Following a serious truck accident, victims are often faced with overwhelming financial burdens. Medical bills can quickly pile up, and the inability to work can lead to a significant loss of income.
The purpose of a personal injury claim is to recover compensation for these and other losses, both economic and non-economic.
At Anidjar & Levine, we are committed to fighting for every dollar you deserve.
The specific damages you can recover will depend on the unique circumstances of your case, but they generally fall into three categories:
Economic Damages: These are the tangible, out-of-pocket financial losses that you have incurred as a result of the accident.
They are typically easy to calculate and can be proven with receipts, bills, and other documentation.
Economic damages include:
- Medical Expenses: This includes all past, current, and future medical costs, such as hospital stays, surgeries, doctor’s visits, prescription medications, physical therapy, and any necessary medical equipment.
- Lost Wages: If you are unable to work due to your injuries, you can recover the wages you have lost.
- Loss of Earning Capacity: If your injuries prevent you from returning to your previous job or limit your ability to earn a living in the future, you can recover compensation for this loss of earning potential.
- Property Damage: This includes the cost of repairing or replacing your vehicle and any other personal property that was damaged in the accident.
- Rehabilitation Costs: This can include the cost of vocational rehabilitation, occupational therapy, and other services needed to help you adapt to life with your injuries.
- Home Modifications: If your injuries require you to make modifications to your home, such as installing a wheelchair ramp or grab bars, these costs can be recovered.
- Funeral Expenses: In the tragic event of a fatal truck accident, the surviving family members can recover the cost of funeral and burial expenses.
Non-Economic Damages: These are the intangible losses that do not have a specific dollar value but are just as real and devastating as the economic losses.
They are intended to compensate you for the physical and emotional toll of the accident. Non-economic damages include:
- Pain and Suffering: This is compensation for the physical pain and discomfort you have endured as a result of your injuries.
- Emotional Distress: This includes compensation for the mental anguish, anxiety, depression, and other psychological effects of the accident.
- Loss of Consortium: If your injuries have negatively impacted your relationship with your spouse, they may be able to recover compensation for this loss of companionship and support.
- Diminished Quality of Life: This is compensation for the ways in which your injuries have limited your ability to enjoy your life and participate in activities you once enjoyed.
- Disfigurement and Scarring: If you have been left with permanent scarring or disfigurement, you can recover compensation for the physical and emotional impact of these injuries.
Punitive Damages: In some rare cases, it may be possible to recover punitive damages.
Unlike economic and non-economic damages, which are intended to compensate the victim, punitive damages are intended to punish the defendant for their egregious behavior and deter similar conduct in the future.
In Florida, punitive damages can only be awarded if there is clear and convincing evidence of intentional misconduct or gross negligence. Examples of conduct that might warrant punitive damages in a truck accident case include a trucking company knowingly putting a dangerous truck on the road or a driver intentionally causing an accident.
Florida law also places a cap on punitive damages, which is generally the greater of three times the amount of compensatory damages or $500,000.
How Our Law Firm Supports Truck Accident Victims in West Palm Beach
If you’ve been injured in a truck accident in West Palm Beach, you need more than just legal representation—you need a team that’s fully committed to helping you recover and move forward. Our law firm provides responsive, client-centered service designed to make this overwhelming time a little easier.
From the moment you become our client, we take care of the details. You’ll receive frequent case updates and have direct access to your attorney, including their phone number. We’re also flexible in meeting your needs—whether that means coming to your home or hospital, or helping you schedule medical appointments and car repairs. Our priority is to ensure you feel supported and informed throughout the process, so you can focus on healing.
A Legal Team That Goes the Extra Mile
What sets our firm apart is our dedication—not just to the case, but to the person behind it. Our attorneys are experienced in handling truck accident claims and understand the stakes. We’re known for fighting hard for our clients, using our deep knowledge of Florida personal injury law to pursue the best possible outcomes.
Clients often tell us they chose our firm because we combine legal skill with genuine care. We understand how traumatic these situations can be, and we’re committed to making the legal process as smooth and stress-free as possible. Our team is compassionate, detail-oriented, and relentless in seeking justice.
Experience That Makes a Difference
Truck accident cases are different from typical car accidents. They involve a unique set of laws and regulations, and trucking companies often have legal teams ready to minimize their liability. That’s why it’s important to work with a law firm that specializes in this area.
We know how to handle the complex logistics of these claims. One of the first steps we take is issuing a spoliation letter—a formal request that trucking companies preserve critical evidence like driving logs, vehicle maintenance records, and black box data. This evidence is often essential to proving fault and maximizing your compensation.
We also work with a team of professionals, including accident reconstruction experts and industry investigators, who help us analyze the crash and build a compelling case. Their insights can be the difference between a lowball settlement and a result that truly covers your losses.
Removing Financial Barriers to Justice
Cost should never prevent someone from getting the legal help they need. That’s why we offer free consultations and work on a contingency-fee basis. You won’t pay anything upfront, and we only get paid if we win your case. This model ensures our interests are aligned with yours: we’re here to secure the compensation you deserve without adding to your financial stress.
Our Commitment to You
From start to finish, our goal is simple: to help you recover—physically, emotionally, and financially. We’re not just here to file paperwork or negotiate with insurance companies. We’re here to be your advocate, your guide, and your support system throughout the legal process.
When you choose us, you’re choosing a team with experience, integrity, and a passion for justice. We invite you to reach out today for a free consultation. Let’s talk about how we can help you move forward.
How Does Liability Work in a West Palm Beach Truck Accident Case?
When determining liability, one task our lawyers will perform is gathering evidence. Without clear evidence, proving that another party was responsible for your accident will be difficult. Once we’ve built a case file, our team can work to prove the four elements of liability.
These include:
- Duty of care: Truck drivers are responsible for keeping others on the road safe from harm. Anyone driving a motor vehicle has a legal obligation to uphold a duty of care.
- Breach of duty: A breach of duty occurs when the at-fault party fails to uphold their duty of care. In a semi-truck accident case, this could be a lack of safety procedures on the part of the trucking company or unsafe driving on the truck driver’s part.
- Causation: You must prove that another party behaved negligently before your accident and demonstrate that their negligence caused the collision. For example, the commercial driver may have failed to check their blind spot when changing lanes.
- Damages: Finally, you must show that you suffered injuries in the crash. We can review your medical records and expenses to show that you experienced damages from your truck accident.
Assigning liability is an important step in the legal process after a truck accident. If you can’t prove that someone else caused your accident, you can’t recover damages. The stronger the case you make, the harder it is for the other party’s insurance provider to dispute your right to fair compensation.
Our team can handle every aspect of your case from start to finish; however, the more time we have, the better. Gathering evidence and interviewing witnesses takes time. The sooner you reach out to our firm, the sooner a truck accident attorney in West Palm Beach can get to work on your case.
Who Can Be Held Liable in a West Palm Beach Truck Accident?
One of the most complex aspects of a truck accident case is determining who is legally and financially responsible for the damages.
Unlike a typical car accident where liability often rests with one driver, a commercial truck accident can involve multiple at-fault parties.
A thorough investigation is essential to identify every individual or entity whose negligence contributed to the crash.
Our experienced West Palm Beach truck accident lawyers at Anidjar & Levine have the resources to conduct a comprehensive investigation and hold all responsible parties accountable.
The Truck Driver: The most obvious potential defendant is the truck driver. If the driver was speeding, distracted, fatigued, or driving under the influence, they can be held personally liable for the accident.
Their actions behind the wheel are often the most direct cause of the collision.
The Trucking Company (Motor Carrier): Under a legal doctrine known as “vicarious liability,” trucking companies are generally responsible for the negligent actions of their employees.
If a truck driver causes an accident while on the job, the trucking company can be held liable for the damages.
Furthermore, the trucking company can also be held directly liable for its own negligence, such as:
- Negligent Hiring: Hiring drivers with a history of accidents or traffic violations.
- Inadequate Training: Failing to provide proper training on vehicle operation and safety procedures.
- Pressuring Drivers to Violate Regulations: Encouraging or forcing drivers to exceed hours-of-service limits to meet deadlines.
- Failure to Maintain Vehicles: Neglecting regular maintenance and repairs on their fleet of trucks.
The Shipping Company or Cargo Loader: The company that loaded the cargo onto the truck can be held liable if the cargo was overloaded, improperly secured, or unbalanced.
Shifting cargo can cause a driver to lose control of the truck, leading to a serious accident.
Truck and Parts Manufacturers: If the accident was caused by a defective part on the truck, such as faulty brakes or a defective tire, the manufacturer of the truck or the specific part can be held liable under product liability laws.
Maintenance and Repair Companies: If a third-party company was responsible for maintaining and repairing the truck, they can be held liable if their negligence led to a mechanical failure that caused the accident.
Government Entities: In some cases, a government entity may be responsible for a dangerous road condition that contributed to the accident, such as a poorly designed intersection, a lack of proper signage, or a failure to repair a known hazard.
Identifying all of these potential sources of recovery is crucial to ensuring that you receive the maximum compensation for your injuries.
Our team will leave no stone unturned in our investigation to ensure that every at-fault party is held accountable for their role in the accident.
Safety Standards for Commercial Trucks and Their Role in Your West Palm Beach Truck Accident Case
Commercial truck drivers and the companies that employ them are held to higher safety standards than everyday motorists. These standards, enforced by both the Federal Motor Carrier Safety Administration (FMCSA) and Florida state law, exist to reduce the risk of devastating accidents involving large, heavy vehicles.
- Federal trucking regulations govern nearly every aspect of commercial vehicle operations. They limit how many hours a driver can spend behind the wheel to prevent fatigue, mandate regular rest periods, and require comprehensive pre-trip inspections.
- Trucking companies must also ensure proper cargo loading, maintain their fleets in roadworthy condition, and document compliance with all safety protocols.
- Employers also have a duty to thoroughly vet drivers before hiring, provide ongoing safety training, monitor driving behavior, and take corrective action when drivers violate company or legal standards. Operating under the influence of drugs or alcohol, skipping mandated rest periods, or neglecting vehicle maintenance can all constitute serious breaches of these rules.
When a truck accident occurs, uncovering violations of these safety standards can be critical in establishing liability. Our legal team investigates whether the driver or company failed to comply with FMCSA or state regulations, such as driving too long without rest or skipping required inspections. Evidence of noncompliance can significantly strengthen your injury claim and help secure the compensation you deserve.
In short, trucking safety laws aren’t just guidelines—they are essential protections. When ignored, they can cause life-altering consequences, and we are prepared to hold negligent companies accountable.
Examples Of Truck Driver Negligence
Trucking companies can be held liable for the negligent behavior of their employees, even though the company isn’t present at the collision.
Common truck driver negligent behaviors include:
- Distracted driving
- Speeding
- Ignoring roadway signage
- Aggressive driving
- Working too long without a break (hours of service violations)
- Drunk driving or driving under the influence of drugs
Common Challenges In West Palm Beach Truck Accident Claims
Truck accident cases are often more complex than standard car accident claims due to the number of parties involved, the size and severity of the damages, and the trucking industry’s deep legal resources. Understanding the common obstacles victims face can help you prepare and highlight the importance of working with a law firm that knows how to overcome them.
Disputes Over Liability
One of the most frequent challenges is proving exactly who was at fault. Trucking companies and their insurers may try to shift blame onto other drivers, including you, to reduce their financial responsibility. In some cases, liability is shared between multiple parties, such as the driver, the trucking company, a parts manufacturer, or even a third-party maintenance provider.
Our firm investigates every potential angle to identify all liable parties and build a solid case that clearly shows who caused the crash.
Lost Or Withheld Evidence
Time is critical in truck accident cases. Black box data, driver logs, and maintenance records can be altered or lost if not preserved quickly. Trucking companies may delay or deny access to key documents in hopes that the evidence will become unavailable.
We act fast to send preservation letters and secure vital evidence before it’s compromised.
High-Stakes Defense Teams
Trucking companies are often backed by powerful legal teams and aggressive insurers who specialize in minimizing payouts. They may use tactics like denying fault, devaluing injuries, or offering quick, lowball settlements.
Our legal team knows how to counter these strategies and is prepared to take the case to court if necessary to fight for the full compensation you deserve.
Complex Federal And State Regulations
Navigating the web of FMCSA regulations and Florida traffic laws requires specific legal knowledge. Mistakes in applying these rules or failing to connect a violation to your injury can hurt your case.
With our experience in trucking cases, we know how to use these regulations to establish liability and strengthen your claim.
Types of West Palm Beach Truck Accidents We Handle
The sheer force and size of commercial trucks mean that they can cause a wide variety of devastating accidents.
Each type of accident presents its own unique set of challenges and requires a thorough investigation to determine the cause and liability.
At Anidjar & Levine, our West Palm Beach truck accident lawyers have experience handling all types of truck accident cases, including:
Jackknife Accidents: This type of accident occurs when the trailer of a truck swings out to the side, forming a 90-degree angle with the cab, much like a folding pocketknife. Jackknife accidents are often caused by sudden braking, slippery road conditions, or equipment failure.
They can be incredibly dangerous, as the swinging trailer can sweep across multiple lanes of traffic.
Rollover Accidents: A rollover accident occurs when a truck tips over onto its side or roof.
These accidents are often caused by high speeds, sharp turns, or improperly loaded cargo that shifts during transit. Rollover accidents can be particularly deadly, as they can crush smaller vehicles and cause significant damage to the surrounding area.
Underride and Override Accidents: An underride accident happens when a smaller vehicle slides underneath the trailer of a truck.
These accidents are often fatal, as the top of the smaller vehicle can be sheared off. An override accident is the opposite, where the truck runs over a smaller vehicle.
Both types of accidents are often caused by the truck driver’s failure to see the smaller vehicle or by a lack of proper underride guards on the truck.
Rear-End Collisions: Due to their long stopping distances, trucks are often involved in rear-end collisions.
When a truck rear-ends a smaller vehicle, the consequences can be catastrophic. These accidents are often caused by the truck driver following too closely, being distracted, or speeding.
Wide Turn Accidents: Large trucks require a significant amount of space to make turns, especially right turns.
A truck driver may need to swing wide to the left to complete a right turn, which can trap smaller vehicles in the truck’s blind spot. These accidents are often caused by the truck driver’s failure to properly signal or check their blind spots.
Blind Spot Accidents: All vehicles have blind spots, but the blind spots on a large truck are much larger. These “no-go zones” are located on all four sides of the truck, and a driver who fails to account for these blind spots can easily cause a sideswipe or lane change accident.
Tire Blowouts: A tire blowout on a large commercial truck can be incredibly dangerous.
The sudden loss of control can cause the truck to swerve into other lanes of traffic, and the debris from the tire can become a hazard for other drivers.
Tire blowouts are often caused by improper maintenance or defective tires.
Cargo Spills: If a truck’s cargo is not properly secured, it can spill onto the roadway, creating a dangerous hazard for other drivers.
This can lead to multi-vehicle pile-ups and other serious accidents. The company responsible for loading the cargo can be held liable for any accidents that result from a cargo spill.
How Does My Auto Insurance Claim Work If I Suffered Serious Injuries In A West Palm Beach Truck Accident?
Florida sets a threshold for filing a fault-based claim. You may suffer catastrophic injuries that leave you with permanent impairments or scarring. Spinal cord injuries are just one example of severe injuries for which we could pursue damages. This injury can require months, if not years, of treatment and can have long-lasting effects. In this instance, you will likely qualify to file a third-party liability claim to collect compensation for your losses from the following parties:
The Truck Driver
In most car accident cases, we would file this claim against the at-fault motorist’s insurance policy. However, when a trucker causes a crash, a legal doctrine known as vicarious liability often comes into play.
This doctrine states that an employer is responsible for employees’ actions while completing their duties. So, when a trucker acts negligently behind the wheel of a tractor-trailer, their employer (usually a trucking company) is liable for the damages they cause.
The Trucking Company
While you probably do not want to think of going toe-to-toe with a large corporation for your insurance payout, this is good news for most accident victims.
These companies typically carry much larger insurance policies than an individual driver would, allowing you to recover more compensation to cover ongoing care costs and future medical needs.
The truck company will probably have a team of attorneys trying to reduce the value of your claim at every turn. This is why having an experienced commercial truck accident lawyer is vital. Our team has a track record of success in these cases and is ready to work for you.
What Happens If The Truck Driver Or Trucking Company Disputes The Negligence Claim?
Suppose the truck driver or trucking company disputes the claim of negligence in a West Palm Beach truck accident. In this case, it is important to seek legal advice from an experienced truck accident lawyer.
We will review the evidence and determine whether there is sufficient proof to prove negligence on behalf of the driver or trucking company. Depending on the facts of the case, we could negotiate with the insurance companies for a settlement or file a lawsuit against them.
Understanding Comparative Negligence In Florida Truck Accident Cases
Determining fault in a truck accident isn’t always black and white. In some cases, more than one party may share responsibility for the crash, including the injured victim. Florida follows a modified comparative negligence rule, which can significantly impact how much compensation you’re eligible to receive.
Under Florida Statutes § 768.81, you can still pursue compensation for your injuries as long as you are found to be less than 51% at fault for the accident. However, your compensation will be reduced in proportion to your share of the blame. If you’re 51% or more at fault, you may be barred from recovering any damages at all.
When comparative negligence is at play, insurance companies often try to shift more blame onto the victim to reduce their payout or avoid it entirely. This is where having a truck accident attorney becomes invaluable.
We can help:
- Protect You From Unfair Blame: We gather evidence to counter arguments that you caused or contributed to the crash.
- Build a Strong Liability Case: Our team works with experts, reviews traffic camera footage, accident reports, and black box data to clearly show who was at fault.
- Maximize Your Compensation: By pushing back against blame-shifting tactics, we help ensure you recover the fullest amount you’re entitled to.
If the trucking company or its insurer claims you were partially responsible, don’t accept it without legal guidance. We’re here to defend your rights and fight for every dollar you deserve.
How Federal Trucking Regulations Impact Your Case
The trucking industry is one of the most heavily regulated industries in the country, and for good reason. The Federal Motor Carrier Safety Administration (FMCSA) has established a comprehensive set of regulations designed to ensure the safe operation of commercial motor vehicles.
These regulations are the standard of care for the trucking industry, and a violation of these regulations can be powerful evidence of negligence in a truck accident case.
Our West Palm Beach truck accident attorneys have a deep understanding of these complex regulations and know how to use them to build a strong case for our clients.
Some of the key FMCSA regulations that often play a role in truck accident cases include:
- Hours of Service (HOS) Regulations: These regulations limit the number of hours a truck driver can be on duty and behind the wheel without taking a break.
The purpose of these regulations is to prevent driver fatigue, which is a leading cause of truck accidents. Drivers are required to maintain a detailed log of their hours, and a violation of these regulations can be strong evidence of negligence.
- Maintenance Requirements: The FMCSA has detailed regulations regarding the inspection, repair, and maintenance of commercial motor vehicles.
Trucking companies are required to keep detailed maintenance records for each of their vehicles. A failure to properly maintain a truck can lead to mechanical failures and catastrophic accidents.
- Driver Qualification Standards: The FMCSA has established minimum qualifications for commercial truck drivers. These qualifications include age, experience, and physical fitness.
Trucking companies are required to maintain a detailed driver qualification file for each of their drivers, and a failure to do so can be evidence of negligent hiring.
- Drug and Alcohol Testing: The FMCSA has strict regulations regarding drug and alcohol testing for commercial truck drivers. This includes pre-employment testing, random testing, and post-accident testing.
A positive drug or alcohol test can be powerful evidence of negligence in a truck accident case.
- Electronic Logging Devices (ELDs): Most commercial trucks are now required to be equipped with an ELD, which automatically records the driver’s hours of service. This makes it much more difficult for drivers to falsify their logs and violate HOS regulations.
- Weight and Cargo Restrictions: The FMCSA has regulations regarding the maximum weight of a commercial truck and the proper way to secure cargo. An overloaded or improperly loaded truck can be unstable and difficult to control, increasing the risk of an accident.
When a trucking company or driver violates these safety regulations, they are not just breaking the law; they are putting everyone on the road at risk.
Our legal team will conduct a thorough investigation to determine if any FMCSA regulations were violated in your case. This can include a detailed review of the driver’s logs, the truck’s maintenance records, and the trucking company’s safety history.
Evidence of a regulatory violation can be a powerful tool in proving negligence and securing the compensation you deserve.
Common Injuries in West Palm Beach Truck Accidents
The immense size and weight of commercial trucks mean that they can cause some of the most severe and life-altering injuries.
Even a low-speed collision can result in serious harm to the occupants of a smaller passenger vehicle. At Anidjar & Levine, we have represented clients with a wide range of serious injuries, and we understand the long-term physical, emotional, and financial impact that these injuries can have.
Some of the most common injuries in truck accidents include:
- Traumatic Brain Injuries (TBI): A TBI can range from a mild concussion to a severe brain injury that results in permanent cognitive or physical disabilities. The symptoms of a TBI can be subtle at first, so it is important to seek medical attention immediately after any accident involving a blow to the head.
- Spinal Cord Injuries and Paralysis: The force of a truck accident can easily cause damage to the spinal cord, which can result in partial or complete paralysis. A spinal cord injury is a life-changing event that requires a lifetime of medical care and assistance.
- Broken Bones and Fractures: The impact of a truck accident can cause multiple and complex fractures. These injuries often require surgery and extensive physical therapy, and they can result in chronic pain and permanent limitations.
- Internal Organ Damage: The blunt force trauma of a truck accident can cause serious damage to internal organs, such as the liver, spleen, and kidneys. These injuries can be life-threatening and may require emergency surgery.
- Burns: If the accident results in a fire, victims can suffer severe burns that require extensive medical treatment and can result in permanent scarring and disfigurement.
- Amputations: In some of the most severe cases, the injuries from a truck accident may be so severe that a limb must be amputated. This is a devastating injury that has a profound impact on every aspect of a person’s life.
- Soft Tissue Injuries: While not as dramatic as some of the other injuries, soft tissue injuries, such as whiplash, can still cause chronic pain and limitations. These injuries should not be underestimated.
- Psychological Trauma (PTSD): The emotional trauma of a serious truck accident can be just as debilitating as the physical injuries. Many accident victims suffer from post-traumatic stress disorder (PTSD), anxiety, and depression. It is important to seek treatment for these psychological injuries as well.
We understand that your injuries are more than just a medical diagnosis. They have a real and lasting impact on your life. We will work with you and your doctors to understand the full extent of your injuries and fight for the compensation you need to cover all of your medical expenses and other losses.
What If I Only Suffered Minor Injuries In My West Palm Beach Truck Accident?
Florida is a no-fault auto insurance state, meaning motorists must carry personal injury protection (PIP) insurance or pay out of their pocket to cover minor injuries from a crash. This is true no matter who causes the accident.
These laws aim to reduce the number of claims that reach the court system and help accident victims quickly receive the money they need. If you only suffered minor injuries in a crash with a trucker, we can contact your insurance provider to file a claim. However, it’s essential to seek medical attention to determine if these are truly minor injuries– don’t assume you are fine, as some injuries may not manifest right away.
The adjuster may ask to see your vehicle or ask for photos. We will also need to provide them with your medical bills and other proof of your medical expenses. If they refuse to pay out what you deserve or have other issues getting your compensation, we can help sort things out and get you the money you need.
How Long Do I Have to Take Legal Action After a Florida Accident?
Florida has specific deadlines for filing a personal injury lawsuit. You have two years to file per Florida Statutes § 95.11. If you lost a loved one, you still only have two years to file a wrongful death claim to receive compensation.
While these deadlines may sound like a long time to act, several factors can delay your case. For instance, insurance negotiations can take more time than expected. Investigating your losses can also take a while in some cases.
Our West Palm Beach truck accident team can ensure your case meets all deadlines and stays on track.
Why Choose Anidjar & Levine as Your West Palm Beach Truck Accident Lawyer?
Choosing the right lawyer to represent you after a truck accident is one of the most important decisions you will make.
You need a law firm with the experience, resources, and dedication to take on the powerful trucking and insurance companies and win.
At Anidjar & Levine, we have a proven track record of success in handling complex West Palm Beach truck accident cases, and we are committed to providing our clients with the highest level of personal service and legal representation.
Here are just a few of the reasons why you should choose Anidjar & Levine as your West Palm Beach truck accident lawyer:
- Years of Experience: Our attorneys have decades of combined experience in handling personal injury cases, including complex truck accident claims. We have a deep understanding of the law and the legal system, and we know what it takes to win.
- Proven Track Record of Results: We have recovered hundreds of millions of dollars for our clients. We are proud of our track record of success, and we are committed to fighting for the maximum compensation for every client we represent.
- No Win, No Fee Guarantee: We work on a contingency fee basis, which means that you do not pay us anything unless we win your case. We cover all of the costs of litigation, and we only get paid if you get paid. This allows you to focus on your recovery without having to worry about the cost of legal representation.
- Free Consultation: We offer a free, no-obligation consultation to all potential clients. We will review your case, answer your questions, and explain your legal options. We want you to have all of the information you need to make an informed decision about your case.
- 24/7 Availability: We are available to take your call 24 hours a day, 7 days a week. We know that accidents can happen at any time, and we are always here to help.
- Personal Attention: When you become our client, you will have direct access to your attorney. We will keep you informed about the progress of your case every step of the way, and we are always here to answer your questions and address your concerns.
- Resources and Expertise: We have the resources to take on the largest trucking and insurance companies. We work with a team of expert witnesses, including accident reconstructionists, medical experts, and economists, to build the strongest possible case for our clients.
- Local Knowledge: We are a Florida law firm with a deep understanding of the local legal community. We know the courts, the judges, and the opposing attorneys, and we use this knowledge to our clients’ advantage.
- Compassionate Representation: We understand that you are going through a difficult time, and we are here to provide you with the compassionate and supportive representation you deserve. We will treat you with the respect and dignity you deserve, and we will always be on your side.
Frequently Asked Questions (FAQ)
How much is my West Palm Beach truck accident case worth?
The value of your truck accident case will depend on a variety of factors, including the severity of your injuries, the amount of your medical bills and lost wages, and the extent of your pain and suffering.
Every case is unique, and it is impossible to give an exact value without first reviewing the specifics of your case. However, we can tell you that we will fight for the maximum compensation possible to cover all of your losses.
How long will my case take in West Palm beach?
The timeline for a truck accident case can vary widely. Some cases can be settled in a matter of months, while others may take a year or more to resolve, especially if a lawsuit is necessary.
We will work to resolve your case as quickly as possible, but we will never sacrifice the value of your case for a quick settlement.
What if I was partially at fault for the West Palm Beach Truck Baccident?
Even if you were partially at fault for the accident, you can still recover damages under Florida’s pure comparative negligence law. Your total compensation will be reduced by your percentage of fault.
We will work to minimize your percentage of fault and maximize your recovery.
Do I really need a West Palm Beach truck accident lawyer?
While you are not legally required to have a lawyer, it is highly recommended. Truck accident cases are incredibly complex, and the trucking and insurance companies will have a team of lawyers working on their side.
An experienced truck accident lawyer will level the playing field and ensure that your rights are protected.
How much does a truck accident lawyer cost?
At Anidjar & Levine, we work on a contingency fee basis, which means that you do not pay us anything unless we win your case.
Our fee is a percentage of your total recovery. This allows you to get the legal representation you need without having to worry about any upfront costs.
What if the truck driver doesn’t have insurance in Florida?
All commercial trucks are required to carry a significant amount of liability insurance. In addition, there may be other parties who are also liable for your injuries, such as the trucking company or the company that loaded the cargo.
We will investigate all potential sources of recovery to ensure that you are fully compensated for your losses.
Can I sue the trucking company from my home in West Palm Beach?
Yes. In many cases, the trucking company can be held liable for the negligence of their driver.
They can also be held directly liable for their own negligence, such as negligent hiring or a failure to maintain their vehicles.
What evidence do I need to prove my case?
Some of the most important evidence in a truck accident case includes the police report, your medical records, the truck’s black box data, the driver’s logs, and the testimony of any witnesses.
We will work to gather all of the available evidence to build a strong case on your behalf.
Should I accept the insurance company’s first offer?
No. The insurance company’s first offer is almost always a lowball offer that does not fully compensate you for your losses.
You should never accept a settlement offer without first speaking with an experienced truck accident lawyer.
What is a spoliation letter?
A spoliation letter is a formal legal notice that is sent to the trucking company demanding that they preserve all evidence related to the accident.
This is a crucial step in ensuring that critical evidence is not lost or destroyed.
How do you prove the West Palm Beach truck driver was at fault?
We can prove that the truck driver was at fault through a variety of evidence, including the police report, the testimony of witnesses, the truck’s black box data, and the opinions of accident reconstruction experts.
We will use all of the available evidence to build a strong case that proves the driver’s negligence.
What if the accident was on I-95 or the Florida Turnpike?
Accidents on major highways like I-95 and the Florida Turnpike often involve high speeds and serious injuries.
These cases can be complex, but our attorneys have experience handling accidents on all of the major highways in Florida.
Can I still file a claim if the police report says I was at fault?
Yes. A police report is just one piece of evidence, and it is not always accurate. We will conduct our own investigation to determine the true cause of the accident.
Even if you were partially at fault, you may still be entitled to significant compensation.
What is the black box in a truck?
The black box, or event data recorder (EDR), is a device that records data about the truck’s operation, such as its speed, braking, and steering.
This data can be invaluable in proving what happened in the moments leading up to a crash.
How are truck accidents different from car accidents?
Truck accidents are different from car accidents in several ways. They often involve more serious injuries, more complex legal issues, and multiple liable parties.
They are also subject to a complex set of federal and state regulations. This is why it is so important to have a lawyer who has specific experience in handling truck accident cases.
Reach Out to a Truck Accident Lawyer in West Palm Beach Now
At Anidjar & Levine, we offer free consultations to help you understand your legal options after a Palm Beach County truck accident. We can help you determine whether you meet Florida’s threshold to file a claim. We can then identify the liable parties and build a strong case for maximum compensation.
Don’t let an insurance company take advantage of you. We are here to help you handle the claims and litigation process. Contact us today for a free consultation with a West Palm Beach truck accident attorney.
We Can Help.
