Commercial truck accidents can result in devastating injuries and even death. If the negligence of a driver or operator caused your semi-truck crash, you deserve fair compensation for your injuries.
At the Law Firm of Anidjar & Levine, we understand the challenges inherent in filing an accident claim and negotiating a settlement with a commercial insurance company. We can protect your legal rights while fighting to obtain the compensation you deserve. Contact us today at 800-747-3733 for a free case evaluation with a truck accident lawyer in Homestead.
Who Has Liability in a Semi-Truck Accident?
Commercial truck drivers must operate their vehicles with regard for other motorists, pedestrians, bicycle riders, and others who share the roadways with them. When a semi-truck driver neglects this duty of care—and an accident results—he or she is liable for any injuries or damage that occur. However, the driver’s employer may also have liability, depending on the circumstances of the crash. If the trucking company failed to properly maintain the vehicle, for example, the company may be at fault for the wreck.
Proving liability requires an in-depth knowledge of the law. Negotiating with a commercial insurance company also poses a challenge. These challenges are best left to one of our attorneys.
How Will a Lawyer Establish Liability for My Truck Accident?
Establishing liability requires us to prove that the truck driver was at fault for the crash. To establish fault, we will look first at the cause of the accident. Some common causes of truck accidents in Florida include:
- Disobeying traffic laws;
- Ignoring roadway markings or signs;
- Driving while fatigued, distracted, or impaired;
- Reckless or aggressive driving;
- Improper driver training;
- Safety violations;
- An overloaded or improperly loaded trailer; and
- Vehicle or mechanical failure.
After determining the cause of the crash, we will establish the legal elements of negligence.
Duty of Care
Commercial truck operators owe others on the roadway a duty of care to drive safely, obey traffic laws and signals, and avoid causing collisions. Likewise, trucking companies owe a duty of care to their drivers and the public to maintain their equipment properly, conduct regular safety inspections, and comply with applicable laws.
Breach of Duty
If a semi-truck driver places the public at risk by speeding or driving while fatigued, he or she violates that duty of care. If the trucking company fails to maintain the vehicle properly, they have likewise breached their duty of care to the public.
If that breach of duty results in a crash that causes injuries or damage, the driver or trucking company is liable for any resulting damages.
To prevail in your claim for fair compensation, we must provide proof that you sustained actual damages. We accomplish this by providing copies of medical bills, testimony from doctors, and wage statements from your employer that show your lost income.
Once we assemble the necessary documentation to prove negligence, negotiations with the insurance company can begin in earnest. If the attorneys for the insurance company refuse to offer a fair value for your claim, we may recommend taking your case to trial.
What Is the Value of My Truck Accident Claim?
If your medical bills are piling up, you may worry how you can obtain the care you need and pay your bills—especially if your accident left you unable to work. We can help you recoup those losses so you can recover.
The final value of your claim will depend on the circumstances of the accident and how it affected you. If you sustained a long-term or permanent disability, for example, your claim will have a significantly higher value.
After investigating all the details and collecting all the relevant data, we will put together the supporting documents for your claim’s value. This may include some or all of the following:
- All doctor and hospital bills to date;
- Physical therapy and rehabilitation costs to date;
- Lost wages to date;
- Proof of the damage to your vehicle;
- Estimates of your future medical care, rehabilitation, and physical therapy costs;
- Estimates of your future lost income;
- A monetary value for your pain and suffering;
- The cost of your hedonic damages, or loss of life’s enjoyment; and
- Damages to pay for a permanent disability or disfigurement.
Do I Need a Lawyer?
Although you can file a claim for damages yourself, you have a much better chance of collecting a fair settlement when you have legal representation. One of the biggest challenges to winning your settlement is the trucking firm’s insurance company. The insurance company will send a high-powered legal team to negotiate with you. They will likely try to intimidate you or convince you to settle your claim for a fraction of its value while signing away your legal rights.
We will protect you from this potential fate by handling all of the negotiations on your behalf. We also have a variety of resources for obtaining critical evidence to support your claim. For example, we can obtain the driver’s safety record, the trucking company’s maintenance records, the semi-truck’s data storage device, and other important information to further support your claim.
We have the necessary knowledge and resources to get the job done for you while you focus on getting the medical treatment you need to recover and get your life back to normal.
Choosing a Truck Accident Lawyer in Homestead
If you suffered severe injuries—particularly if they involve long-term or permanent disability—no amount of financial compensation can restore your life to the way it was. However, a fair settlement will provide for the care you need and ensure that your bills get paid.
When you choose a lawyer to handle your case, look for one who understands this. You need someone who will fight tirelessly on your behalf to obtain the compensation you deserve.
The Law Firm of Anidjar & Levine will fight for you every step of the way. We provide complimentary consultations and case reviews to Florida semi-truck accident victims. Our attorneys are here to answer your questions and help you make the right decisions for your future. Call us today at 800-747-3733.