If you or a loved one were involved in a Palm Beach County cargo truck accident, you could face severe injuries and significant financial losses. A crash’s aftermath can be overwhelming; however, your next steps are important to your future.
An experienced West Palm Beach truck accident lawyer can help protect your rights and ensure you receive compensation for medical bills, lost wages, and pain and suffering.
Contact the Law Offices of Anidjar & Levine to discover how we can help you pursue maximum compensation for your injuries. We also offer a free initial consultation.
We Provide Responsive Legal Care After Your Cargo Truck Accident
Our law firm provides injured people throughout South Florida with responsive legal care. We manage all aspects of your case and go the extra mile so you can focus on your recovery. We do this by:
- Providing regular case updates: Our legal team will update you on the status of your claim, and we’ll answer all your questions. We even give you your lawyer’s phone number.
- Helping to schedule appointments: We can help you schedule appointments and car repairs if it was damaged in the collision.
- Communicating with insurers: We can communicate with the insurance companies and trucking companies on your behalf.
- Negotiating a settlement for damages: Our cargo truck accident attorneys will build your case to prove the value of your losses and fight for a fair settlement amount.
Read our client testimonials to learn more about working with our law firm. Those injured in a truck accident can get a free consultation, and we work on a contingency basis, meaning we only get paid if you do.
Common Causes of Cargo Truck Accidents
Cargo trucks are essential to the transportation industry, carrying goods and materials across the country. Unfortunately, these massive vehicles can be involved in serious accidents due to various factors.
Common causes of cargo truck accidents include:
- Driver fatigue: Truck drivers work long hours and can become fatigued. Drowsy driving leads to impaired judgment and slower reaction times.
- Distracted driving: Texting, talking on the phone, or using other electronic devices while driving can lead to serious accidents.
- Speeding: Truck drivers may speed to meet tight deadlines, which can increase the risk of a collision.
- Reckless driving: Truck drivers may drive recklessly or aggressively, which often leads to accidents.
- Drunk driving: Driving under the influence of drugs or alcohol is a serious offense that can have devastating consequences for both the driver and others on the road.
- Careless driving: Making careless mistakes like failing to check blind spots before lane changes can lead to a crash.
- Improper loading: An improper or imbalanced cargo can cause a truck to become unstable, leading to a rollover accident.
- Defective parts: Defective brakes, tires, or other parts can increase a truck’s accident risk.
- Inadequate maintenance: Trucking companies are responsible for maintaining their vehicles and ensuring they are in safe working condition. If a truck is not properly maintained, it can lead to brake failure, tire blowouts, and other mechanical issues that can cause a crash.
- Hazardous road conditions: Poorly maintained roads can also lead to accidents.
Our cargo truck accident lawyers understand the complexities of these cases and will work hard to pinpoint the cause of the crash.
Recovering Damages After a West Palm Beach Truck Accident
You likely feel the financial strain of medical bills and lost wages caused by the crash. Many also experience physical and emotional pain related to their injuries.
Florida law allows you to file a claim for economic and non-economic damages. Economic damages refer to the direct financial losses you incurred from the accident, such as medical bills, future medical care, and lost income.
Non-economic damages refer to the pain and suffering you endured because of the accident. Your mental anguish, loss of enjoyment, and other profound losses are considered non-economic damages.
Every case is unique. However, you may be entitled to the following forms of compensation:
- Medical expenses: You could recover your medical care costs, including hospital bills, doctor visits, and physical therapy.
- Lost wages: If you had to take time off work due to your injuries, you could seek compensation for lost earnings.
- Loss of future earnings: If your injuries prevent you from returning to work, you may be able to seek compensation for the wages you would have earned in the future.
- Pain and suffering: This includes physical pain and emotional distress caused by your injuries.
- Property damage: If your vehicle was damaged in the accident, you could seek compensation for repairs or replacement.
- Loss of consortium: If a severe injury has affected your relationship with your spouse, you may be able to recover damages for loss of consortium or companionship.
- Wrongful death: If a loved one was killed in a fatal crash, you might be able to pursue wrongful death compensation.
- Punitive damages: In rare situations, a court may award punitive damages to punish the at-fault party for gross negligence.
Always speak with a lawyer before signing any settlement offer. Our experienced West Palm Beach attorneys will ensure the settlement covers your current losses and any future losses you are likely to incur.
Proving Liability in a Cargo Truck Accident Case
To prove the other party is liable for the incident, your truck accident lawyer will build a case that establishes the following:
- Duty of Care: Commercial drivers, including drivers of cargo trucks, must operate their vehicles safely, so they do not put others at risk.
- Negligence: Your case will need to show how the other driver breached their duty of care. In other words, what did the driver do that was negligent? It could be a range of actions or inactions, such as driving recklessly, driving while fatigued, and failing to follow trucking regulations, such as cargo securement rules.
- Causation: A commercial truck accident lawyer from our firm must also establish that the truck driver’s negligence led to your collision and injuries.
- Damages: Your case must prove that you suffered damages because of the driver’s negligence, such as medical bills, lost wages, and pain and suffering.
Since most personal injury claims are rooted in negligence, establishing the above elements is the key to identifying the liable parties.
Is the Trucking Company Liable?
The trucking company may be liable for damages or injuries when a cargo truck collides with a passenger vehicle. The truck company should ensure that its drivers are trained and qualified to operate the vehicle safely.
Employers in the trucking industry must ensure that their drivers get adequate rest and follow hours-of-service regulations. Additionally, they must ensure their vehicles are properly maintained and regularly inspected.
Fortunately, trucking companies carry more insurance than most individual drivers do. Your experienced attorney will investigate the circumstances of your accident and determine who is liable for your injuries. They can then help you pursue fair compensation from the responsible parties.
Statute of Limitations for a Florida Truck Accident Lawsuit
You have four years to file your West Palm Bech personal injury lawsuit if you were hurt in an accident. Florida Statutes § 95.11 sets forth this deadline. If you fail to take legal action on time, you may be unable to bring your case and recover damages in the court system.
The legal team at Anidjar & Levine can help you file paperwork and meet the deadlines that apply to your case. Insurance companies also have deadlines, so getting started as soon as possible is important.
Please remember that the sooner we start working on your truck accident claim, the sooner you can obtain the financial compensation you need to move forward.
Laws Involving Cargo Trucks and Cargo Loads
All commercial truck drivers and trucking companies must abide by the Federal Motor Carrier Safety Administration’s (FMCSA) regulations concerning cargo securement. Not following these safety procedures can have disastrous results.
The cargo truck driver may not be able to manage the truck, or they might roll the vehicle. A cargo spill could happen on the highway, causing multiple accidents.
If drivers don’t follow these rules and unsafe or unstable cargo causes an accident, the driver and carrier may be liable for injuries. A West Palm Beach commercial vehicle accident attorney will investigate the evidence to see if any laws were violated.
Injuries Caused by Trucking Accidents
Trucking accidents can cause serious and life-altering injuries. The size and weight of commercial trucks make them particularly dangerous when involved in a crash with a smaller vehicle. Common injuries caused by truck wrecks include the following:
- Whiplash or other neck injuries
- Sprains and strains
- Lacerations and bruises
- Broken bones
- Internal injuries
- Severe burns
- Spinal cord injuries, including paralysis
- Brain injuries, including concussion
Even if you did not require emergency care after the crash, set up a doctor’s appointment for an evaluation; our firm can help you schedule any necessary appointments.
Get in Touch with a West Palm Beach Cargo Truck Accident Lawyer
Contact a West Palm Beach cargo truck accident attorney from the Law Offices of Anidjar & Levine if you were injured in a collision with a cargo truck. Don’t let an insurance company force you to settle for less than your case is worth.
You can take advantage of a free, no-obligation consultation and begin your case without paying upfront fees. You won’t have to pay us a dime unless we get you a settlement or court award. Give us a call or fill out the online contact form to schedule a legal consultation.
We Can Help.