Tractor trailer accidents often cause devastating injuries, especially when a big rig hits a passenger vehicle. The occupants of these smaller vehicles are more likely to suffer fatal or life-altering injuries than those involved in accidents with smaller cars. If a truck driver caused your accident, you may be eligible for compensation to cover your medical bills, lost wages, ongoing care costs, and other damages.
At the Law Firm of Anidjar & Levine, our attorneys can help you understand your legal rights. We know what it takes to recover fair compensation in a truck crash and can help you get the payout you need to recover. Call us today at 800-747-3733 to schedule your free consultation and case evaluation with a truck accident lawyer in Hialeah.
Who is liable after a trucker causes a collision?
In a normal motor vehicle crash, the at-fault driver is usually liable for your serious injuries. However, there is a major difference in a typical car crash claim and a truck accident case. This difference is because of the legal doctrine of vicarious liability.
Under vicarious liability laws, an employer is responsible for any negligent actions of their employees when those employees are acting within the scope of their job description. This means the trucking company may be liable for any careless mistake a big rig driver makes behind the wheel.
Because Florida statutes require commercial motor vehicles to carry larger insurance policies than an individual driver, you may be able to collect a larger payout to cover your losses. However, it also means you will need to take on a business that likely has a team of experienced lawyers on their side. This is where we come in. We understand the complexities of these cases and can ensure your rights remain protected as we fight aggressively for the maximum amount of compensation you deserve.
How can a lawyer prove the trucker acted negligently?
To hold the trucking company liable, we need to show the trucker acted in a negligent manner. This is more difficult than in a typical car accident case, because much of the evidence belongs to the trucking company. You need a skilled lawyer who knows how to gain access to truck logs, electronic data, truck maintenance records, the driver’s employment records, the results from mandatory post-crash drug and alcohol testing, and other items.
When we work together on your claim, one of the first things we do is send a spoliation letter to the owner and operator of the truck, usually a trucking company or major corporation. This document requests that they gather and preserve all available evidence. If they fail to do so, they may face serious consequences in court.
In addition to the evidence from the trucking company, we also collect a wide range of other documentation to show the driver caused the accident and your injuries. We may also call in experts to help us reconstruct the accident and investigate exactly how the crash occurred. This can be vital in showing the trucker acted negligently.
How much is my truck crash claim worth?
There is no way to determine how much your truck accident claim might be worth without letting us investigate your case and put a value on all your losses. In general, big rig crashes have higher payouts than many typical car accident claims because of the more serious nature of the injuries. Once we complete our review of your case and collect the evidence to prove your damages, we can estimate the value of your claim and give you a good idea of how much we will ask for from the trucking company.
When considering their accident-related losses, many people overlook damages that could boost their payout. They include medical bills, current lost wages, and some out-of-pocket expenses. However, they tend to underestimate future care costs, losses related to being unable to return to work, and other accident-related expenses they will face. Because permanent injuries and disabilities are common after truck accidents, it pays to consider any and all ongoing care costs as well as other future health needs.
We have experts who can help us estimate your future care costs and put a value on your claim. Imagine, for example, that you suffered a spinal cord injury in a truck crash and now require a wheelchair to help with mobility. While calculating your damages, these experts will include the price of a replacing your chair every three to five years—a cost you might have to pay out-of-pocket if you overlook this expense.
When we put a value on your claim, other things we consider include:
- Past and future medical expenses;
- Ongoing therapies;
- A wheelchair-accessible vehicle;
- Home modifications to accommodate a disability;
- Current and future lost wages;
- Ongoing care costs, such as in-home nursing care;
- Assistive and adaptive equipment such as a hospital bed, wheelchairs, or walkers; and
- Pain and suffering damages.
Only once we calculate the value of your claim can we begin the fight for the compensation you deserve. We do this by filing a liability claim based on the trucking company’s insurance policy. We will aggressively pursue the maximum amount of money available based on the facts of your case and ensure you receive the compensation you need to cover as many of your damages as possible.
How can a knowledgeable attorney help my case?
You do not want to face a trucking company and their legal team on your own. We can represent you throughout the claims process and advocate for the full amount of compensation you deserve. Without the knowledge, experience, and resources of our skilled lawyers on your side, you will not get the full payout you need to pay for your losses. We can handle all aspects of your claim, from collecting evidence to negotiating a settlement that meets your needs.
Occasionally, trucking companies refuse to negotiate or offer a fair settlement in a big rig crash claim. When this occurs, we continue to fight for our clients, often filing a lawsuit against the corporation and their insurance company.
Our truck accident attorneys can help you win compensation for your claim.
At the Law Firm of Anidjar & Levine, you can schedule a free consultation with one of our lawyers by calling us today at 800-747-3733. Our attorneys can evaluate your case and explain your options for getting the compensation you deserve.