Truck accidents can be extremely traumatic for the other motorists involved. Large semi-trailers often cause extensive damage to other vehicles, resulting in life-threatening injuries or even wrongful death for their occupants.
If the negligence of a truck driver or commercial trucking company caused your semi-truck crash, you have a legal right to compensation for your damages.
Unfortunately, filing a claim against a commercial insurance company can be a complex and confusing process. At the Law Firm of Anidjar & Levine, we can help. We work to protect your legal rights while we build a strong case. We will not rest until we obtain the financial compensation you deserve.
Who is liable for my truck accident injuries?
Truck drivers, in Florida or anywhere else, owe a duty of care to those who share the road. This includes the drivers of other vehicles as well as motorcyclists, bicyclists, and pedestrians.
When a commercial semi-truck driver is negligent behind the wheel, they are liable for any resulting damage. And, because they typically drive on behalf of a commercial trucking company, their employer may share vicarious liability.
In some cases, improper vehicle maintenance practices or faulty equipment may also contribute to a crash.
Proving liability for a truck accident—and negotiating a fair settlement with the insurance company—can present a significant challenge. If you are struggling to recover from your injuries, the process can be even more difficult.
This is where we come in. We can represent your interests and ensure that you receive the financial compensation you deserve while you focus on recovering from your injuries.
How does an attorney prove liability in a truck accident?
To prove fault and liability for your semi-truck crash, we must first determine the cause of the accident. Some of the most common causes of truck accidents include:
- Distracted driving;
- Driver impairment;
- Fatigued driving;
- Reckless driving;
- Aggressive driving;
- Safety violations;
- Failure to obey traffic laws;
- Improper training;
- Overloaded tractor-trailer; and
- Mechanical failure of the truck’s parts, like the tires or brakes.
After we determine what caused your crash, we can begin proving the four legal elements of negligence: duty of care, breach of duty, causation, and damages.
Duty of Care
Truck drivers owe a duty of care to other motorists to operate their equipment safely on the roadway. Trucking companies also owe a duty of care to the public to maintain the trucks correctly, to hire competent drivers, and to ensure compliance with all state and federal statutes.
Breach of Duty
If a driver violates the law or operates a semi-truck in a way that puts others at risk, they have violated their duty of care. Likewise, if the trucking company fails to make repairs and maintain their vehicles, or if they allow drivers to engage in unsafe practices, they have also violated their duty.
We will collect evident to prove this breach occurred, including police reports and eyewitness testimony regarding the driver’s behavior. We will request driver’s logs, recordings, and maintenance records to show what caused your crash. We can also go after the trucking company’s records to prove any negligent business practices.
We will show that the negligent behavior on the part of the driver or trucking company directly caused your accident and resulting injuries.
To obtain financial compensation for your injuries, we must demonstrate that you suffered actual damages. We can prove your damages using your medical bills, wage statements, and medial opinions on future care costs.
The sooner we can begin to assemble evidence to prove these critical elements of liability, the better.
How much is my truck accident claim worth?
If you sustained serious injuries, your claim could be significant—particularly if you are facing a long-term disability. We will thoroughly investigate the details of your accident and assemble the necessary documentation to support your case. We will calculate the maximum compensation you deserve.
Some of the documentation we use to calculate the value of your claim includes:
- Doctor and hospital bills;
- Physical therapy and rehabilitation costs;
- Lost income to date;
- Vehicular damage;
- Future medical cost estimates;
- Future care cost estimates;
- Future loss of income;
- Pain and suffering;
- Loss of life’s enjoyment; and
- Disability or disfigurement compensation.
We may also turn to medical expert testimony to further bolster your right for compensation.
After we present your claim, the trucking company’s insurance carrier will likely try to negotiate a lower settlement. In fact, if they believe you have a strong case, they may offer a low settlement early in the process—typically pennies on the dollar of what your case is actually worth.
It is imperative that you avoid speaking with or giving a statement to the insurance company or their attorneys without a lawyer present. Doing so could jeopardize your legal right to fair compensation.
Why do I need a lawyer to file my claim?
The claims process is difficult to navigate, especially if you are dealing with a large trucking company’s insurer. Unless you have extensive legal knowledge and experience negotiating, you will be at a significant disadvantage without legal representation.
The insurance company’s sole objective is to make your claim go away for as small of a payout as possible. We understand this and we know how to protect your rights, ensuring the best possible settlement for your injuries.
We deal directly with the insurance company on your behalf. This gives you the time you need to focus on your recovery and, once your case has settled, the peace of mind that comes from knowing that you can handle your future costs.
At the Law Firm of Anidjar & Levine, we can help you recover after a truck crash.
Although no financial settlement can make up for the pain and injury you have experienced, a monetary award can help your situation. A fair settlement will ensure that you have the medical care you need in the future. It will also send a clear message to the trucking company that safety on the roadways must be a priority.
At the Law Firm of Anidjar & Levine, we provide free consultations and case reviews to accident victims. Call 800-747-3733 today to speak to a lawyer about your rights and options after a truck crash.