Truck crashes are almost always worse for the occupants of other, smaller vehicles involved. Truck drivers often escape with relatively minor injuries or no injuries at all. This disparity is no surprise given the size difference in the two vehicles.
If a trucker caused your crash, we can help you hold him and his employer liable by filing for compensation to cover your medical treatment, rehabilitation, ongoing care, and other losses. At the Law Firm of Anidjar & Levine, we know how to handle even the most complex truck accident claims. Our skilled truck accident lawyers will fight aggressively to get you the fair compensation you deserve after a crash. Call us today at 800-747-3733 to discuss your legal options with a truck accident lawyer in Cape Coral.
Who is liable for my injuries after a truck accident?
Because of Florida’s no-fault auto insurance law, you will turn to your own personal injury protection (PIP) insurance policy to pay for minor or moderate injuries after a truck accident. If you suffer serious, permanent injuries, we can also help you file a personal injury claim based on fault.
Instead of holding the negligent driver solely responsible as you would in a typical car accident case, however, the rules are somewhat different for commercial truck drivers. Vicarious liability comes into play.
Vicarious liability says that any employer is responsible for actions their employees take while on the job, as long as they are acting within the scope of their job description. In a practical application, this means the trucking company may be liable for any mistakes their driver makes behind the wheel and any damages they cause.
While this makes is somewhat harder to collect the evidence to prove these claims, vicarious liability actually works to your advantage. Most trucking companies are big corporations who have plenty of money to invest in large liability insurance policies. This means you can expect to recover more from these companies than might be available from a single driver.
How can a lawyer help me prove the driver acted negligently?
One of the keys to helping truck accident victims overcome their injuries lies in holding truck drivers and their employers accountable for their negligent actions. To do this, we must collect the evidence necessary to prove the driver acted in a careless manner and caused your crash.
As your lawyer, we will work tirelessly to collect all the evidence possible and build a strong case to support your claim. To prove negligence, we need to show the trucker:
- Had an obligation to follow traffic laws, as well as state and federal regulations;
- Failed to do so, or otherwise acted in a careless manner;
- Caused the accident and your injuries because of this failure; and
- Caused you to suffer serious physical, emotional, and financial damages.
Gathering the evidence in these complex cases is difficult without an attorney who knows how to handle a truck accident claim. It takes a skilled lawyer to gain access to all the evidence held by the trucking company. We know what it takes to get the driver’s written logs and electronic log data, other data from onboard computers, the truck’s maintenance records, results from post-accident alcohol and drug testing, and the driver’s training and employment records.
Why is it more difficult to collect evidence in a big rig collision case?
Taking on a trucking company often means facing a team of experienced lawyers who have no interest in paying out a substantial sum to you, no matter the severity of your injuries. With us on your side, however, you do not have to worry about this. We protect your right to fair compensation while we go head-to-head with these lawyers and insurance company employees to secure the maximum payout available in your case.
One of the first actions we take in a truck accident case is to protect any evidence held by the trucking company and the driver. We do this by drafting and sending a spoliation letter to the liable parties. In this letter, we announce our intention to file a claim and ask them to gather and preserve all possible evidence in the case. This legally obligates them to do so.
We can also collect evidence to strengthen your case from other places. From the police report filed at the scene of the crash to expert opinions on your future care needs, we will document every aspect of your case to support your claim. We also have resources we can rely on during this process, including accident reconstruction experts who can demonstrate exactly how and why the collision occurred.
How much is my case worth?
Because of the severe nature of injuries sustained, truck accident cases are often worth more than a typical car accident claim. However, to put a value on your claim, we need to know specific details about your losses, injuries, and future care needs. It is impossible to give you an accurate estimate without first reviewing your case and calculating your losses. This is a task best left up to an experienced lawyer, because many accident victims tend to leave money on the table when determining the value of their claim.
Most people think of only their medical bills, lost wages, and major out-of-pocket costs when figuring their losses. However, there are many more expenses associated with a serious injury. Ongoing or future care can cost you hundreds of thousands of dollars in some cases, or leave you without the care you need. If your injuries are permanent, they may prevent you from ever returning to work.
We partner with experts who can calculate the costs related to your future care. They understand how often you will need new adaptive equipment, how much at-home nursing care may cost in the future, and how much you can expect to spend on care-related items over the course of your lifetime. Every dollar we can attribute to your financial losses helps you recover exponentially more money.
Contact a lawyer from the Law Firm of Anidjar & Levine today.
There is no reason to take on a trucking company and their team of lawyers on your own. The truck accident lawyers at the Law Firm of Anidjar & Levine can fight for you through the claims process, advocating for your best interests and negotiating a fair settlement for the compensation you deserve. Call us today at 800-747-3733 to schedule a complimentary consultation.