The percentage that Fort Lauderdale truck accident lawyers take for personal injury claims is usually one-third of your settlement or 33.3 percent. If your case goes to trial and you want courtroom representation, your attorney typically takes 40% of your payout.
Keep in mind, however, that your attorney only collects if you win. If you do not win your case, you do not pay, except–depending on the arrangement you have with your attorney–a retainer fee or basic case processing fees.
The Severity Of Truck Accidents
Miami truck accidents can be catastrophic. Due to their size and weight, trucks are harder to stop once they start moving, and they can impart massive amounts of force and energy to other vehicles and roadside property in a collision. According to a report from the National Highway Traffic Safety Administration (NHTSA), in 2017:
- Almost three-quarters of all Fort Myers truck accident fatalities were passengers in other vehicles.
- Trucks were more likely to occur in multi-vehicle accidents than passenger vehicles.
- Trucks were three times more likely to be struck from the rear.
- Truck accidents were uncommon in work zones but were highly common on interstates.
- Drivers of large trucks committed less drinking and driving than light trucks, passenger vehicles, and motorcycle drivers.
- Large truck drivers had lower percentages of previous license suspensions or revocations than passenger vehicle drivers.
These aren’t merely statistics. They highlight the severity and frequency of accidents involving large trucks. Truckers can be guilty of negligence and make driving mistakes. However, based on the data, truckers are less likely to drink and drive and tend to have cleaner driving records than other road users. If you were at fault for an accident involving a truck, you may face substantial expenses after the fact.
Depending on how extensive your injuries and losses are and the types of insurance you have, a single truck accident can result in losses that run into tens of thousands of dollars. The percentage that truck accident lawyers take is 33.3 percent of any settlement you are awarded, but paying that figure–and keeping the remainder–may outweigh the risk of losing your case and paying out of pocket for accident damages for yourself and other victims.
We discuss losses, damages, liability, and insurance coverage for truck accidents and Jacksonville personal injury lawsuits below.
Truck Accident Damages, Liability, And Insurance Coverage
All truck accident victims suffer differently after a crash, so how much compensation and forms of it you can receive depends on how your injuries have affected your life. When you or your lawyer assesses your damages, they will consider various factors to determine what your settlement should look like.
- The severity and circumstances of the crash
- The nature of your injuries and your prognosis
- Who was involved in your case
- If you can return to work in the same capacity
- Your mental well-being
- Your physical limitations
- How your injuries have affected your family life
Even though no two cases are the same, the type of losses victims suffer tend to overlap. So, common truck accident damages include:
- Past and future medical treatment expenses include diagnostic testing, doctor consultations, ambulance services, medications, and hospital stays.
- Lost income or a loss in the ability to earn as much as you did before the accident.
- Reduced earning capacity to make up the difference in income if you can return to your job at a different capacity or at all.
- Property damage.
- Vehicle damage.
- Incidental expenses, such as caretaking or certain in-home services that you require because of your accident-related injuries.
- Pain, suffering, mental anguish, or emotional trauma linked to physical injuries sustained in an accident.
- Scarring and disfigurement if your injuries have changed your appearance or limited your mobility
- Wrongful death damages, including end-of-life and post-mortem health care bills, funeral and burial expenses, and loss of consortium, financial support, or companionship
To determine who is liable for paying for these losses and damages, you must determine who was responsible for the accident that occurred.
Common Causes Of Truck Accidents
A truck accident can occur in many ways, including speeding, intoxicated driving, drowsy driving, and distracted driving. A driver may not be licensed to operate a truck or may not have the training required to operate a truck. Driver errors, poor road maintenance, vehicle servicing problems, brake failures, road debris, poor signage, poor lighting, and many other factors can cause or contribute to an accident.
Based on the factors that caused or contributed to your accident, a truck driver, a truck owner, a trucking company, a service/maintenance team, a road repair/construction team, or a civic municipality may be at fault or share some of the blame for your accident.
However, because someone is at fault for your crash doesn’t mean they hold liability for your losses. For example, if the truck driver failed to yield and struck you, they may be at fault for the accident, but you wouldn’t pursue them for damages. Due to respondeat superior, their employer would pay out your claim. As such, employers typically take responsibility for their employees’ actions.
How Insurance Plays A Role In Your Truck Accident Case
According to Florida Highway Safety and Motor Vehicles (FLHSMV), vehicle operators are required to carry all the following:
- Bodily injury liability of $10,000 per person/$20,000 per crash.
- Property damage liability of $10,000 per crash.
- Personal Injury Protection–PIP–of $10,000 per person per crash.
Florida is a no-fault state. Irrespective of how your accident was caused, you can use your PIP cover to pay for various accident expenses such as personal injuries and lost income–but not property damage–from a truck accident. However, if your losses exceed your policy limits, you may have to pay out of pocket for such expenses.
This is why many people choose to increase their insurance limits. Or they purchase other forms of insurance, such as collision coverage, uninsured motorist coverage, or higher health insurance limits to pay for medical treatments and other losses that can arise after a vehicle accident.
Evaluating damages, identifying at-fault parties, and understanding how insurance coverage works for damages of specific types can be difficult, and this is where an attorney may be able to help you.
You May Have To File A Truck Accident Lawsuit
Sometimes, filing a lawsuit is the most appropriate way for you to recover damages. However, remember that you must adhere to the state’s deadlines.
Generally speaking, the state sets a four-year time limit for claimants bringing a personal injury lawsuit against a liable party, per Florida Statutes § 95.11(3)(a). Those who have lost a loved one must act quicker, though. Florida Statutes § 95.11(4)(d) dictates they usually have two years to file a wrongful death lawsuit.
Some exceptions could lengthen the deadline, but don’t count on it. The state strictly enforces the statute of limitations, and if a claimant delays filing, the court could throw out their case. As a result, they can no longer hold the other party accountable for their damages, making them responsible for covering those costs.
Our Truck Accident Attorneys Can Get To Work For You Today
The Law Offices of Anidjar & Levine and our truck accident attorneys can help you with your truck accident case. Could you contact our team? Some people may feel the percentage that truck accident lawyers take is too high, but for one-third of your settlement:
- You receive two-thirds of your settlement because you only pay if we win.
- We handle evidence collection, negotiations, and all filing requirements for you.
- We help you understand what you need to do, how to do it, and when to do it.
- We’ll keep you updated on the status of your case.
- We can represent you in court and only collect 40% of your payout–again, only if you win your case.
At the Law Offices of Anidjar & Levine, we go the extra mile for our truck accident clients. We pride ourselves on providing responsive legal care. So, on top of taking care of the legal aspects of your case, you can expect frequent case updates, quick answers to your questions, and your attorney’s phone number. We’ll even help you schedule appointments and get your car fixed.
Yes, all these services are still available on a contingency-fee basis. You have nothing to lose, so do not hesitate to reach out to us today for legal guidance regarding your truck accident case.
We Can Help.