There are certain situations where you can sue someone personally after a truck accident. However, it can be beneficial to discuss your legal options in a free case evaluation with a truck accident lawyer to help you determine your legal options.
Accidents involving a truck may result in more severe injuries when they collide with a smaller vehicle because of the truck’s size and weight. While the truck driver may be responsible for the accident, other parties may have contributed to the negligence, such as the trucking company, fleet maintenance contractors, truck manufacturers, government agency, or cargo loaders.
If more than one party is liable for the accident, it opens several channels to seek compensation but can add complexity to the legal procedure. A law firm can clarify your situation and guide you through the legal process.
When You Can Sue Someone Personally After a Truck Accident
Taking on a large trucking organization with teams of lawyers to protect their interests can be a daunting task to consider alone. However, help is available at this challenging time. You may wish to consider discussing your case with a personal injury lawyer if you would like assistance with the following:
- Evaluating the full financial impact of the accident on your life and future
- You are unsure if your injuries qualify as serious per Florida Statutes § 316.027
- Identifying the parties who could be liable for the accident
- Gathering evidence to support your claim
- Proving negligence
- Negotiating a settlement with at-fault parties insurers that meets your needs
- Reviewing settlement offers for fairness
- Representing you in court, if necessary
If you or a loved one has been injured in a truck accident, a personal injury attorney may be able to help you recover important evidence from the trucking company and other sources and to negotiate a fair settlement for your injuries.
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Pursuing Compensation if You Are Hit by a Truck
To pursue compensation, it is necessary to prove the truck driver or other liable party acted negligently. This is achieved with an investigation into the accident. Evidence is legally requested from the trucking company and from other sources, such as police reports, witness statements, pictures from the accident scene, accident reconstructions, witness testimony, medical and employment records, and other relevant documentation to support your case.
As many victims of truck accidents are left to contend with serious injuries, they may require long-term medical care and be unable to return to work for a significant time. In other cases, the injured parties may never be able to work again. As such, fair compensation will be required to cover current and ongoing expenses such as:
- Medical bills
- Rehabilitation and therapy costs
- Modifications to the home or vehicle
- Lost wages and reduced future earning capacity
- Loss of enjoyment of life
- Pain and suffering
- Other expenses related to the accident
In the tragic event of losing a loved one in a trucking accident, compensation could be available via a wrongful death lawsuit. A personal injury lawyer can help by providing the resources to represent you through the legal process.
Florida Law That Could Affect Your Right to Claim
It is important to consider the benefits of acting sooner rather than later when seeking compensation in the aftermath of a truck accident. As mentioned earlier, the evidence is key to proving fault, as is preserving it.
Important information to support your claim is held by the trucking company, such as data stored on the truck’s computer (similar to an airplane black box), employee records, truck logs and maintenance records, drug testing results, and other documentation such as a driver’s training history. A personal injury lawyer can formally request this data from the trucking company, asking them to preserve specific information and prevent it from being destroyed.
Another reason to seek compensation promptly is to ensure your lawsuit is filed within strict deadlines set by Florida Statutes § 95.11. You have four years to file for personal injury and two years to file for wrongful death. If your deadline passes, it is generally unlikely you will be able to pursue awards or hold the responsible parties accountable for their actions.
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Look at Your Legal Options in a Free Consultation Today
The team at the Law Offices of Anidjar & Levine offers personal client support and legal representation on behalf of their victims injured by negligence in the trucking industry.
When you need a team of truck accident attorneys at your side, we can help you negotiate a fair settlement through mediation or at trial. Call for a free case evaluation to discuss the most suitable course of legal action for your situation at 1-800-747-3733 today.
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