When a truck driver makes a careless or reckless mistake on South Florida roads, it is often other motorists and their passengers who pay the price. Truck crashes may lead to serious and even catastrophic injuries, requiring extensive medical care, inpatient rehabilitation, ongoing care, and other financial expenses.
The lawyers at the Law Firm of Anidjar & Levine understand the stress and worry accident victims face. We know you need compensation to pay for your losses and we will fight aggressively to recover this payout for you from the truck driver, trucking company, or other liable parties. Call our office today at 800-747-3733 for a free case evaluation with a truck accident lawyer in Boca Raton.
Who is liable for my truck accident injuries?
In relatively minor traffic accidents that do not involve serious injuries, liability does not play a role in your auto insurance claim. Florida is a no-fault auto insurance state and requires you to carry your own personal injury protection (PIP) insurance policy. This policy covers the treatment of minor or moderate injuries and lost wages after a crash. If the truck accident caused you to suffer serious injuries, however, we can help you identify the liable parties in your Boca Raton truck accident.
Most commonly, accidents happen when a motorist or truck driver makes a mistake and breaks a traffic law and this leads to an accident. Like any other car accident, if the trucker caused the crash and you suffered serious injuries, we can help you file a third-party liability insurance claim against the liable party. Unlike most car accidents, though, we do not file a claim against the truck driver alone.
Florida has a vicarious liability statute that holds employers responsible for their employees’ actions while they are working. This includes truck drivers transporting goods for trucking companies. Thanks to vicarious liability, we pursue most truck accident claims based on the trucking company’s large corporate insurance policies.
Occasionally, other parties are liable for your accident, as well. This may occur when a defective truck part or negligent maintenance company causes the crash. When we look into your accident, we can identify all potentially liable parties and explain your legal options for compensation.
How difficult is it to prove negligence in a truck accident case?
To win the payout you need to cover your medical care and other accident-related losses, we must show the driver acted negligently. This requires collecting a range of evidence to prove:
- The driver had an obligation to uphold traffic laws, in addition to state and federal trucking regulations;
- They did not uphold one or more of these rules;
- Their failure to do so directly led to your accident and injuries; and
- You suffered serious physical, emotional, and financial damages.
Sometimes, the thought of saving a few dollars tempts accident victims to try to collect this evidence and build a case on their own. When it comes to complex truck accident claims and proving liability, this is not a task you want to attempt without a lawyer.
Why is it more difficult to collect evidence in a big rig collision case?
The trucking company holds much of the evidence in a truck accident case and it takes a skilled lawyer to protect and obtain it. Federal and state regulations require truck drivers and trucking companies to keep strict records. It is this documentation that will help prove your case.
We need to send a spoliation letter as soon as possible after your accident, obligating the trucking company to gather and keep essential evidence like:
- The driver’s written logs;
- Any electronic log data;
- Onboard computer data;
- Maintenance records for the truck;
- Results from the required post-accident drug and alcohol testing; and
- The trucker’s training and driving history.
This evidence is often key in proving how and why a truck accident happened. For example, we can see if the trucker was breaking federal hours of service laws by failing to take the required rest stops. In a case where a drowsy truck driver fell asleep behind the wheel, this might be the key piece of evidence that ensures we can recover the compensation you deserve.
How do I know how much my case is worth?
Truck accidents often cause serious injuries, at least in part because of the drastic size and weight difference between tractor trailers and passenger vehicles. While we can get a general idea of how much your claim might be worth rather quickly, there is no way to know for sure what a fair settlement will look like until we fully investigate all your losses, understand your future care needs, and examine the impact your injuries have had on your life.
We need to gather documentation showing your hospital bills, rehabilitation costs, therapy bills, expenses relating to assistive and adaptive equipment, the cost of replacing or repairing your vehicle, and other related expenses. We will also need to document the time you missed from work and how much income this cost you.
Then, we will reach out to experts who can help us get a clear picture of the ongoing or future medical care you may need because of your injuries. They will explain what new adaptive equipment—such as wheelchairs or lifts—you may need and how often you will have to purchase replacements. They will discuss in-home care and specialized therapies that may become necessary. With this information, we can begin to get a full picture of your future care needs.
Then, of course, there are pain and suffering damages. These are non-economic damages, meaning they are not financial losses. Instead, they provide compensation for the emotional losses you suffered. Often, the total of these damages is much higher than the total of your financial losses.
Once we have a good idea about a fair settlement value in your case, we can share this with you and begin settlement negotiations with the trucking company and their legal team. It is important to note, however, that we will not know the exact value of your claim until we reach a settlement or the court awards you a payout.
How can I contact a truck accident lawyer from the Law Firm of Anidjar & Levine?
At the Law Firm of Anidjar & Levine, the personal injury lawyer who can help you win the compensation you deserve is waiting to take your call. You can reach our Boca Raton office today at 800-747-3733. We offer complimentary consultations and handle truck accident claims on a contingency fee basis.