Depending on the cause of the crash, you may be able to sue the trucking company after an accident in Fort Lauderdale. Driver error leads to many of these crashes. However, the trucking company often assumes financial responsibility for its employee’s negligence.
In other cases, the trucking company or other parties act carelessly and are responsible for your damages. Sometimes, it’s difficult to decipher fault and liability in a commercial vehicle accident. It requires collecting various forms of evidence and establishing the standard of negligence. A Fort Lauderdale truck accident lawyer can get to the bottom of what happened so that you can get the money you deserve.
How to Establish Fault In A Fort Lauderdale Trucking Accident Case
Identifying the at-fault party is a crucial part of your case. Your Fort Lauderdale truck accident lawyer must identify the liable party and prove they acted negligently. This involves proving they were obligated to provide you with a duty of care, breached that duty, and caused an accident. As a result, you’re dealing with financial and non-financial losses.
Your personal injury attorney must collect various types of evidence to demonstrate the sequence of events that preceded the crash and how the accident has affected you. Although every case is different, common types of evidence used to prove fault in trucking accident cases include:
- Driver logs
- Medical records and bills
- The police report
- Statements from eyewitnesses and expert witnesses
- Video surveillance, such as dashcam footage
- Truck maintenance records
- Pictures of the truck accident scene
- Accident reconstruction reports
Other documentation may also be necessary to prove your case. Your truck accident lawyer can determine what evidence is needed after carefully reviewing what happened. In any event, we encourage you to contact us sooner rather than later. Crucial evidence may disappear or lose its strength as time passes. If we can obtain it as soon after the crash as possible, we can better ensure the strength of your truck accident claim.
Determining Whether The Trucker, Trucking Company, Or Another Party Bears Liability
Unless the commercial truck driver is an independent contractor, you wouldn’t typically sue them directly after an accident. Most truckers work for a trucking company. Due to the vicarious liability principle, the trucking company would take the financial fall on behalf of their employee if the driver engaged in any negligent behaviors and caused an accident. Common examples of negligent driving include:
- Drowsy driving
- Failing to yield
- Failing to comply with Federal Motor Carrier Safety Administration (FMCSA) guidelines and hours of service regulations
- Impaired driving
- Speeding
- Failing to properly merge or change lanes
- Failing to follow traffic signals
- Distracted driving
Sometimes, a trucking company’s negligence can directly cause an accident if it fails to:
- Properly vet drivers by conducting thorough background checks
- Enforce proper safety measures
- Conduct routine maintenance checks on the truck
- Terminate the driver for previously engaging in unsafe driving behaviors
- Carry out regular blood alcohol content (BAC) testing
Big corporate insurance companies typically represent these large trucking companies. Their main priority is to protect their bottom line. Because crashes involving these vehicles can cause extensive property damage and catastrophic injuries, they may have to pay out high settlements. As a result, negotiations can be difficult, but our Fort Lauderdale personal injury lawyers can protect your right to fair compensation.
Other Parties That May Be Responsible For A Fort Lauderdale Trucking Accident
Truck drivers and trucking companies aren’t always the ones to be to blame for an accident. Other potentially liable parties include:
- The cargo loading company, if employees failed to safely load, distribute, and secure the cargo onto the truck
- The truck parts manufacturer, if it designed, produced, and sold defective vehicle components
- A local government entity, if it failed to maintain the roads or promptly warn road users about any hazards
- Another road user, if they failed to adjust to the road and weather conditions and/or follow traffic laws
Sometimes, more than one party could have contributed to the crash. In that case, our legal team can identify and pursue each one according to their degree of liability, fighting for full and fair compensation on your behalf.
The Types Of Damages You Can Sue For After A Fort Lauderdale Truck Accident
The losses you can recover in a truck accident case will reflect how the incident has impacted your life. Your Fort Lauderdale commercial truck accident attorney will investigate your injuries, prognosis, treatment, work situation, and family life to determine a fair settlement amount for you.
In general, you may be entitled to recover the following damages in a personal injury claim or truck accident lawsuit:
- Loss of income
- Reduction or loss of earning capacity
- Pain and suffering
- Medical expenses for past and expected treatment
- Property damage costs
- Mental anguish
- Diminished quality of life
- Wrongful death if your loved one died from their truck accident injuries
The state imposes a strict timeline for filing a lawsuit against the liable party in a truck accident case. According to Florida Statutes § 95.11, whether you’re going to file a personal injury or wrongful death lawsuit, you typically have two years to do so. The deadline may fluctuate in certain circumstances, and our experienced truck accident attorneys can determine if you qualify.
However, in most cases, if you don’t take legal action by the end of the two-year timeframe, the court may bar you from filing suit, leaving you with limited options for collecting compensation from the liable party. The financial responsibility for your damages may fall on you. You can avoid these negative consequences if you tell our personal injury law firm about your situation as soon as possible after the accident.
Our Attorneys Can Determine Whether You Can Sue The Trucking Company After An Accident In Fort Lauderdale
If you or a loved one was hurt in a truck accident in Fort Lauderdale, you can count on our legal team to gather evidence to identify the liable party and work towards recovering a fair settlement.
Connect with the Law Offices of Anidjar & Levine today for a free consultation. Our Fort Lauderdale truck accident lawyers will go the extra mile for you, providing you with responsive legal care from start to finish.
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