Federal, state, and local laws hold tractor-trailer drivers to higher standards than most motorists. When a truck crashes, it can cause catastrophic injuries to anyone else involved. For that reason, there are strict regulations on how long truckers can remain behind the wheel to prevent driver fatigue, how often they must perform inspections, and even how they load cargo.
If you suffered serious injuries in a West Palm Beach truck accident, you can file a claim for compensation against the driver and trucking company. The Law Offices of Anidjar & Levine can help. We offer free consultations to accident victims and their families.
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 drivers receive the money they need more quickly and easily.
If you only suffered minor injuries in a crash with a trucker, we can contact your insurance provider to notify them of the accident. Their 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-related expenses. Then, they should pay the maximum limit of your policy.
If they refuse to pay out what you deserve or you have other issues getting your compensation, we can help sort out the issue and get you the money you deserve.
For a free legal consultation with a truck accidents lawyer serving West Palm Beach, 800-747-3733
How Does My Auto Insurance Claim Work If I Suffered Serious Injuries In A Truck Accident?
Florida sets a threshold for filing a fault-based claim. If you suffer serious injuries or those that leave you with permanent impairments or scarring, you will likely qualify to file a third-party liability claim to collect compensation for your accident-related medical bills, lost wages, pain and suffering, and more.
In most cases, we would file this type of claim against the at-fault motorist’s insurance policy. When a trucker causes a crash, however, a legal doctrine known as vicarious liability comes into play. This doctrine states that an employer is responsible for any actions of their employees while the employee is completing their job-related 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.
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 have much larger insurance policies than an individual driver would, allowing you to recover more compensation to cover ongoing care costs and future medical needs.
Having our truck accident lawyers on your side could help you navigate the claims process. The trucking company will probably have a team of attorneys on its side trying to reduce the value of your claim at every turn. Our team’s skills, experience, and resources shouldn’t be ignored. We have successfully negotiated hundreds of these settlements for our clients, and we are ready to work on your case.
West Palm BeachTruck Accident Lawyer Near Me 800-747-3733
How Can A West Palm Beach Truck Accident Lawyer Collect The Evidence Necessary To Prove Fault?
Collecting the proper evidence to prove negligence and build a strong case for the maximum amount of compensation possible is one of the most difficult parts of any liability claim. When the liable party is a trucking company, it makes this process even harder. This is because the trucking company has the most important evidence in its possession.
One of the first things we will do as your representation is issue a letter of spoliation to the trucking company and other potentially liable parties. These letters notify them of our intent to file a claim and implore them to preserve any evidence relating to your case. If they do not collect and protect this evidence, they may face sanctions from the court.
Because of the increased laws and regulations for truckers, there is more evidence in most truck accident cases than in a typical car crash. Truckers must log their hours of work and rest, keep documents about inspections and maintenance, and undergo mandatory drug and alcohol testing after an accident. Their trucks also have computers to record digital data about their habits behind the wheel and what happened in the moments before the crash. Any piece of this evidence could prove vital to your case, so it is imperative we send the spoliation letter as soon as possible to ensure they preserve these files.
We also have a team of researchers, accident reconstruction specialists, and other experts available to us. These experts allow us to better understand exactly how your accident occurred and the trucker’s role in causing it. The documents and testimony from these professionals may also help us secure the maximum payout possible based on the facts of your case.
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How Much Is My Truck Accident Claim Worth?
The best way to understand what a fair settlement will look like for any personal injury claim is to let us go to work on your case and collect all your medical bills, documentation of missed work and lost wages, receipts for other costs, and evidence of pain and suffering. We can offer you a range of values for your claim after we identify all possible accident-related losses and expenses.
Without our experience calculating your case’s value, you may settle for much less than you need to cover all your expenses. Too many people pay for in-home nursing or other medical care out of their pocket because they agreed to a settlement far below the true value of their claim.
West Palm Beach Truck AccidentsYOU CAN TRUST US 800-747-3733
We Offer Professional Truck Accident Case Services
At the Law Offices of Anidjar & Levine, our lawyers have years of experience fighting for injured people’s rights. We’ve represented clients in a wide range of cases, from medical malpractice incidents to truck accidents. This translates to an all-encompassing understanding of the codes that make up Florida’s legal system.
Communicativeness is a core value at our firm. When you sign on as a client with us, you’ll receive the following benefits:
- Consistent case updates from our team
- The phone number of the lawyer assigned to your case
- Home or hospital visits, if you can’t reach our offices
- Attentive care (we’ll help you schedule appointments related to your case, like auto repairs and hospital visits)
- Prompt responses to your calls or emails (we want to make sure you aren’t kept up at night with burning questions)
We guarantee that we’ll go the extra mile so you can worry about getting better.
Our Clients Love The Work We Do For Them
Our commitment to our clients has prompted countless positive reviews. Our previous clients appreciate our dedication to fighting for and obtaining their deserved compensation. Here are just a few examples of some of the testimonials we have received:
- “Rear-ended in February, 2017. From literally the day after the accident I have been in the extremely capable hands of this law firm. The medical providers I was sent to were top notch, and everyone involved with handling my case (Mark, Jonathan, and Sasha) did an excellent job as well.” – Rudy D.
- “In February of 2011, I got into a car accident, and contacted the law office of Anidjar & Levine. I can honestly say these guys don’t mess around. They were very compassionate and made everything go as smoothly as possible.” – Baldo L.
- “A&L saved me and got my case resolved in no time. Thanks to everyone there and Jonathan Holtz in particular for an outstanding result.” – Scott S.
We Make Truck Accident Assistance Accessible To Those Who Need It
At the Law Offices of Anidjar & Levine, we have a pricing plan that takes affording a lawyer off your mind. We offer:
- Free case evaluations: Getting in touch with our team for an evaluation of your case won’t cost you a dime. We’ll work to understand the details of your case for free.
- Contingency-fee pricing: Our lawyers work on contingency. This means a portion of your court award or settlement pays for our help. We tell our clients, “We don’t get paid unless you do.”
These policies mean that when you work with us, winning your case takes precedent over financial concerns.
We Encourage You To Promptly Consider Your Legal Options After A Truck Accident
Florida has specific deadlines for filing a truck accident lawsuit. Per Florida Statutes § 95.11(3)(a), you generally have four years to file a civil lawsuit. This includes truck accident cases.
If your case involves the loss of a loved one, Florida Statutes § 95.11(4)(d) applies. These guidelines give you two years to file a wrongful death lawsuit.
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 isn’t something we can do in one day.
Don’t hesitate to contact our West Palm Beach truck accident team member today. We can ensure that your case meets all deadlines and remains on track.
Who Can Be Held Liable After A Truck Accident in West Palm Beach?
It’s possible we can hold the trucking company involved in your accident responsible based on the facts of your case. However, trucking companies aren’t the only potentially liable party in a truck accident case. Other responsible parties may include:
- Another driver: A third driver on the road could have contributed to the accident and your injuries. All drivers on the roadway are legally obligated to keep others safe. Failure to do so could open them up to liability.
- A truck manufacturer: Truck manufacturers have a similar duty of care. If their products are unsafe for use, they can be held liable for an accident. For example, if a faulty truck part caused your accident, we could seek compensation from a parts or truck manufacturer.
Trucking Companies Must Adhere To Strict Safety Standards
According to the Occupational Health and Safety Administration (OSHA), trucking companies must adhere to the following procedures:
- Adequately train drivers with a safety program
- Ensure that drivers do not operate vehicles while under the influence of drugs or alcohol
- Vet the driving records of all their employees
- Maintain a safe fleet of vehicles
- Discipline drivers if they fail to meet safety standards
- Meet all local, state, and federal regulatory compliances
In a truck accident case, failure to adhere to any of the following measures could expose a trucking company to liability. Trucking companies can be held liable for the negligent behavior of their employees, including:
- Distracted driving
- Ignoring roadway signage
- Aggressive driving
- Driving excessive hours without a break
How Does Liability Work In A Truck Accident Case?
The first step to assigning liability is gathering evidence. Our lawyers can handle this step of your case. Without clear evidence, it will be difficult to prove that another party was responsible for your accident.
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 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 not only prove that another party behaved negligently prior to your accident but also demonstrate that their negligence caused your accident.
- Damages: Finally, you need to show that you suffered because of your accident. Our team is familiar with this step of the process. We can review your medical records and expenses to show that you experienced damages that stemmed from your truck accident.
Assigning liability is one of the most important steps of the legal process after a truck accident. If you can’t prove that someone else caused your accident, you can’t recover compensation. The stronger the case you make, the more difficult for insurers to dispute your right to 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 we can get to work on your case.
How Can I Talk To A Truck Accident Team Member In West Palm Beach For Free?
At the Law Offices of Anidjar & Levine, we offer free consultations to help you understand your legal options after a West Palm Beach truck accident. Not only can we determine if you meet the state’s threshold to file a claim, but we can also identify the liable parties and build your case. Then, we can navigate the claims process for you.
Call us today for your free consultation. Our truck accident attorneys in West Palm Beach are ready to begin working on your case.
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