You can prove fault in a semi-truck accident by demonstrating that another party caused your crash due to their negligent, reckless, or wrongful behavior. To do this, you will need to investigate your collision, collect evidence, consult with witnesses, and more. An attorney can build your case and fight for fair financial recovery.
Who Is At Fault For Your Semi-Truck Accident?
Fault for a semi-truck accident depends on the cause of the collision. According to the Federal Motor Carrier Safety Administration (FMCSA), some of the most common causes of truck accidents include:
- Driver fatigue
- Driver inattention
- Driver inexperience
- Driver intoxication
- Loss of vehicle control
- Cargo shifting
- Vehicle systems failures
- Mechanical issues
- Road conditions
Semi-truck accident cases can be complex because they often involve more than one legally liable party. Even in cases where it is clear the truck driver is at fault, the driver’s employer may be financially responsible for the driver’s actions under the principle of vicarious liability. In addition to the driver, other liable parties may include:
- A trucking company. As mentioned, employers are often liable for their employees’ actions. However, the trucking company itself may also have behaved negligently. For example, the company may be at fault if it failed to train or vet drivers, conduct alcohol or drug testing, or set unreasonable delivery schedules.
- The semi-truck owner (or entity in charge of maintenance). The truck’s owner or a mechanic or maintenance garage may be at fault if a mechanical failure, improper repairs, or lack of service/inspections contributed to your accident.
- A vehicle or auto parts manufacturer. If faulty brakes, tires, engine trouble, or another defect contributed to your collision, you may have a case against a manufacturer.
- A property owner. The government or private owner of the roadway, parking lot, or loading dock where your accident occurred may be liable if negligent property conditions led to your crash.
- The owner/loader of the truck’s cargo. The owner of the shipped goods or the entity that packed the semi-truck may be financially responsible if shifting loads, unsecured cargo, and falling items caused your accident.
- A third-party motorist. Your case may involve a third-party motorist if another driver’s negligent behavior resulted in your crash with the semi-truck.
What Evidence Will You Need To Prove Your Semi-Truck Accident Case?
You can prove fault for your semi-truck accident using evidence. A lawyer with our firm can investigate your crash, determine liability, and put in the hours of work it often requires to:
- Locate and interview eyewitnesses
- Depose involved parties
- Hire and consult with doctors, crash reconstructions specialists, economists, and other expert witnesses
- Send spoliation letters to the trucking company to ensure it preserves evidence (such as vehicle maintenance logs or the semi-truck’s “black box” recorder)
- Photograph your injuries and vehicle damages
- Visit the crash site to take pictures and collect physical evidence
- Obtain police reports, medical records, trucking company records, and other documents
In addition to proving fault, we do other necessary work to construct a robust case and secure fair compensation. We can:
- Prepare and file personal injury protection claims (PIP) and liability claims paperwork
- Track and adhere to insurance and legal deadlines
- Handle case-related emails, phone calls, and meetings
- Negotiate for an appropriate settlement
- Draft and file your lawsuits and represent you at trial if necessary
- Keep you informed with frequent and timely case updates
What Truck Accident Damages Can You Recover From An At-fault Party?
The stronger your case proving fault, the more likely you are to secure semi-truck accident damages from the liable party. We can help you seek compensation for:
- Ambulance transportation
- Emergency department treatment
- Doctor and hospital fees
- Medical procedures
- Prescription drugs
- Mobility aids and medical devices
- Physical therapy
- Long-term nursing services
- Lost wages
- Lost earning capacity
- Vehicle and personal property damages
- Physical pain
- Emotional and mental distress
- Severe and disabling injuries
- Lost quality of life
How Long Do You Have To Seek Compensation?
Florida Statutes § 95.11 allows personal injury victims up to four years to file a lawsuit. You have two years to sue for the wrongful death of a loved one. The clock starts at the time of injury or the date of your loved one’s passing.
The court will likely refuse your case if you do not pursue it inside the statute of limitations. Waiting too long can also weaken your insurance bargaining power, potentially resulting in a denied claim or reduced settlement. We can help you get started before time runs out.
Reach Out To The Law Offices of Anidjar & Levine Today!
Contact us for a free consultation and learn more about how a semi-truck accident lawyer with the Law Offices of Anidjar & Levine can help you prove your case and secure the compensation you need and deserve. A team member is available 24/7 to take your call, answer your questions, and tell you more about how we can represent you for nothing upfront or out of pocket.
We Can Help.