Federal, state, and local laws hold tractor trailer drivers to a higher standard 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 because a truck driver broke these rules or other laws, you can file a claim for compensation against the driver and trucking company. The Law Firm of Anidjar & Levine can help.
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What if I only suffered minor injuries in my truck accident?
Florida is a no-fault auto insurance state, meaning motorists must carry a personal injury protection (PIP) insurance policy or pay out of their own pocket to cover minor injuries stemming from a crash. This is true no matter who causes the accident. The purpose of these laws is to reduce the number of claims that reach the court system and to 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 out to cover this up to 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.
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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 duties. So when a trucker acts negligently behind the wheel of a tractor trailer, their employer—usually a trucking company—is liable for the damage 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 actually 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.
You will, however, need our knowledgeable truck accident lawyers on your side to help you navigate the claims process. The trucking company will probably have a team of attorneys on their side trying to reduce the value of your claim at every turn. You will need the skill, experience, and resources of our strong legal team. We have successfully negotiated hundreds of these settlements for our clients and we are ready to get to work on your case.
How can a 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 much of the most important evidence in their 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 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 this type of value, you may settle for much less than you need to cover all your expenses. Too many people pay for in-home nursing care or other medical care out of their own pocket because they agreed to a settlement that was far below the true value of their claim.
How can I talk to a truck accident lawyer in West Palm Beach for free?
At the Law Firm of Anidjar & Levine, we offer free consultations to help you understand your legal options for compensation after a West Palm Beach truck accident. Not only can we determine if you meet the state’s threshold to file a claim, we can identify the liable parties and build your case. Then, we can navigate the claims process for you. Call us today at 800-747-3733 to schedule a time to meet with one of our truck accident attorneys in West Palm Beach.