Florida’s no-fault auto accident laws limit your ability to hold other motorists financially responsible for your injuries unless you meet a specific threshold outlined in the statutes. Many truck accident victims meet this limit. Truck crashes as commonly leave victims with catastrophic permanent injuries, disfigurement, and scarring.
If you or a family member suffered serious injuries in a South Florida truck accident, the legal team at the Law Firm of Anidjar & Levine can help you recover the compensation you deserve. Call us as soon after the accident as possible to ensure we can recover the evidence necessary to prove your claim. Call 800-747-3733 today to schedule a complimentary meeting with a truck accident lawyer in Deerfield Beach.
Who Is Responsible for My Injuries?
If you suffer serious injuries in an auto accident, we typically file a third-party liability claim based on the at-fault driver’s auto insurance policy. This policy should cover your expenses and losses left over after your personal injury protection (PIP) policy pays out. This works a little different when the at-fault driver is a trucker, however.
Because of a legal doctrine called vicarious liability, the truck driver is not the only party responsible for your accident injuries. If you qualify to file a liability claim after your crash, we can hold the trucking company or other corporation who employs the negligent trucker financially liable for your damages. This allows us to collect compensation based on their large corporate insurance policy instead of an individual driver’s smaller policy limits.
Occasionally, someone other than the truck driver may cause a trucking accident. This most commonly occurs when a defective part or poor maintenance causes the crash. Often, the trucking company is still liable for the damages in these crashes, as well. Trucking companies must follow strict maintenance and repair regulations. These problems may occur because of a failure to do so. In other cases, a parts or tire manufacturer could also share in liability for your injuries.
We can help you identify the responsible party or parties based on the facts of your case. When we meet for your initial consultation, we can help you understand your legal options and explain how we can hold the liable party financially responsible.
Why Is It Important to Call a Truck Accident Attorney Soon After I Suffer Injuries?
It takes a lot of evidence to prove liability and damages in a truck accident case. To ensure we can collect all available evidence, we encourage you to call us as soon as possible after your accident. While this is important in any car accident claim where serious injuries occur, it is even more important in a truck accident claim.
Because of all the federal and state regulations placed on truck drivers and trucking companies, there is a lot of evidence in the form of logs and data available in these crashes. However, it is all in the possession of the trucking company. This is why one of the first things we do in your case is to send a spoliation letter to preserve this evidence.
This letter informs the trucking company of our intent to file a claim in your case and requests they collect and protect documentation related to the crash. This may include:
- The trucker’s rest logs;
- Truck maintenance logs;
- Data from onboard computers in the truck;
- Results from mandatory post-accident drug and alcohol testing;
- Information related to the driver’s training and history; and
- Images and other documentation of the damage to the truck.
Without this evidence, it would be difficult to prove some truck accident claims. Imagine a truck driver fell asleep behind the wheel and caused your accident. Their logs might show missed rest periods. The truck’s data recorder would show they failed to hit the brakes in the seconds before the accident. This would support our claim and help us recover the full payout you deserve.
What Can I Expect During the Claims Process?
We conduct a full and thorough investigation into every accident. We need to understand exactly how the accident occurred, why, and all the factors that led up to it. We have a team of accident reconstructionists and other experts who help us investigate these crashes. Once we get to the bottom of what happened and have analyzed all available evidence in the case, we are ready to pursue compensation.
We typically send a demand letter to the trucking company, their legal team, or their insurance company. In this letter, we outline our case, describe our evidence, and ask for a specific amount of compensation based on your damages. This provides a place for the settlement negotiations to begin. The trucking company’s lawyers typically come back offering a much smaller compensation package, which we reject. This negotiation process goes back and forth until we reach a fair settlement or until it becomes apparent they will not give us a just payout.
If we cannot reach the settlement you deserve after aggressive negotiations with the trucking company and their insurer, we can file a civil suit against them. We can present your case to the judge and ask them to award you a fair payout for your damages.
How Much Is My Case Worth?
It is impossible to know exactly how much your truck accident case is worth until we reach a settlement or the judge announces your award. As a part of our investigation, however, we will calculate an approximate value of your claim. This requires:
- Collecting documentation of your damages;
- Totaling your financial losses and expenses;
- Enlisting the assistance of experts who can help us understand your future care costs; and
- Putting a value on your pain and suffering damages.
Once we know the approximate range where we believe a fair settlement should fall, we will discuss this value with you. While this is only an estimate, it will help us understand if and when the insurance company offers a fair settlement in your case.
How Can I Talk to a Truck Accident Lawyer in Deerfield Beach for Free?
The Law Firm of Anidjar & Levine offers free case reviews to truck accident victims and their families. If you or a loved one suffered injuries in a Deerfield Beach big rig accident, we can help you file a claim and fight for the compensation you deserve to cover your medical bills, lost wages, pain and suffering, and other damages. Call us today at 800-747-3733 to schedule a meeting.