Gathering evidence to prove negligence in a truck accident case is crucial to recover compensation for damages. Types of evidence you or a personal injury attorney can collect include police reports, driver logs, witness statements, black box data, expert opinions, and traffic camera footage.
A Miami truck accident lawyer from our firm can handle your case so you can focus on healing. The sooner we take your case, the sooner we can collect evidence before it disappears. Call today to discuss your truck accident claim during a free initial consultation with our firm.
Gathering Evidence To Prove Negligence After An Accident With A Commercial Truck
Negligence occurs when someone fails to exercise their duty of care, leading to an accident and injury to another person. If the breach of duty causes an accident resulting in another person suffering injuries and financial damages, the negligent party is liable.
You must identify the responsible party and prove that their negligence is the cause of your injuries and damages. The following types of evidence can help you prove negligence in a Miami truck accident:
- Police report: You should contact law enforcement after an accident. The police will investigate and write an accident report, which you can request a copy of for your records.
- Medical records: We urge you to seek immediate medical attention after an accident. Your doctor can diagnose and treat your accident injuries and document them in your medical records.
- Witness statements: You can gather contact information from witnesses so your lawyer can obtain statements from them before their memory of the accident fades.
- Expert opinions: An accident reconstruction expert can analyze the crash and help the judge and jury understand the facts of the accident.
- Photographs: Capturing photographs of the accident scene helps document critical evidence.
- Traffic camera videos: Video recordings could provide information about the events before, during, and after the accident.
- Black box data: Semi-trucks contain black boxes that record crash information such as speed, braking, driver activity, location, safety features, and more.
- Driver logs: Truck drivers must keep records such as how many miles they have driven, rest periods, and hours of service.
- Truck Maintenance records: Maintenance records can show how often a truck has been brought in for maintenance and who is the maintenance provider.
A Miami personal injury lawyer will thoroughly investigate the case and gather supporting evidence. We will negotiate with the insurance providers of the trucking company and driver to secure a fair settlement, but we are not afraid to take your case to trial and represent you in court if the negligent party and their insurer do not offer fair compensation.
What Types Of Damages Can Victims Of Truck Accidents Recover In Miami?
You can recover the following damages after a truck crash in Miami:
Economic Damages
- Medical expenses
- Lost wages and benefits
- Childcare costs
- Transportation services
- Home modifications
- Property repairs or replacement
- Physical therapy
- Counseling
- Household services
Non-Economic Damages
- Emotional trauma
- Mental anguish
- Loss of enjoyment of life
- Disfigurement
- Lost companionship
- Disabilities
- Pain and suffering
Wrongful Death Damages
- Medical bills of the decedent
- Lost income
- Mental pain and suffering
- Funeral costs
Losing a loved one in a truck accident due to someone else’s negligence is devastating. We extend our deepest condolences to you and your family. A Miami wrongful death lawyer from our firm can help you protect your family’s future and get justice.
Can You Recover Compensation If You Are Partially At-Fault For A Truck Accident In Miami?
Even if you are partially or fully at fault for the accident, you may still recover compensation. Florida’s Personal Injury Protection (PIP) insurance covers certain medical expenses and lost wages up to the insurance policy limit, regardless of fault.
According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), you must have a minimum of $10,000 PIP and $10,000 in Property Damage Liability (PDL).
Filing Deadlines For Truck Accident Lawsuits In Miami, Florida
If the negligent party and their insurance refuse to offer you a fair settlement that adequately covers your damages, you have the legal option to file a personal injury or wrongful death lawsuit to recover compensation through the legal process.
The deadline to file a lawsuit in Miami-Dade County is two years from the date of the accident, per Florida Statutes § 95.11. Failing to take legal action within the statute of limitations may result in losing your right to pursue financial compensation.
How Our Truck Accident Lawyers Can Support Your Claim For Compensation
Our law firm provides responsive legal representation to help serve your needs so you can take back control of your life. If you choose us to represent you, we will:
- Send you frequent case updates so you are never in the dark.
- Return your phone and email communications.
- Provide you with your lawyer’s cell phone number.
- Be available 24/7 to respond to your questions and concerns.
- Help you access top medical care.
- Assist you with transportation needs.
- Schedule case-related appointments for you.
- Help you repair or replace your vehicle.
- Protect your rights.
- Handle all interactions with the insurance company on your behalf.
- Come to your location if you cannot come to our office.
- Investigate the accident to identify the negligent party.
- Gather evidence to support your compensation claim.
- Work to meet the statute of limitations in your case.
- Take your case to trial if necessary and represent you in court.
- Work on a contingency fee basis so you pay no attorney fees unless we win.
Learn More About Proving Negligence In A Miami Truck Accident Case Today
Evidence plays a crucial role in proving negligence. By proving negligence, you can recover financial compensation from the negligent party and their insurer in court if they refuse to offer a fair settlement. The Law Offices of Anidjar & Levine have been representing accident victims since 2005. We will fight for a full settlement to cover all of your damages.
To learn more about the types of evidence you can use to prove negligence in a Miami truck accident case, or to get a free consultation, please contact us today.
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