Truck accident cases are different from other types of accident cases in several ways:
- The injuries are typically more extensive, given the massive size and weight of semi trucks;
- Special federal trucking laws apply to the case;
- Victims may face hefty opposition from the team of attorneys that truck companies often employ to fight liability; and
- Evidence tends to get quickly “lost” or destroyed unless your attorney takes steps to stop it.
To ensure you get the full amount of compensation available, contact the Law Firm of Anidjar & Levine and speak to a Jacksonville truck accident lawyer about your case. We can help with your claim and hold negligent drivers or carriers liable for the harms you have suffered. Call us today at 800-747-3733 for a free consultation.
Can I file a claim against the truck driver for my injuries?
Florida is a no-fault insurance state, which means that in most cases, everyone files a claim with and recovers compensation from their own insurance company, irrespective of fault. However, there are certain times when you can step outside of the no-fault system and hold another driver accountable for your damages.
According to Florida law, if your injury meets any of the following criteria, it qualifies as a “serious injury” and you may seek financial recovery from an at-fault party after an accident:
- Your injury is permanent;
- You suffered significant and permanent scarring; or
- The accident caused you disfigurement.
Which insurance company should I file my claim with?
If the truck driver or truck company was at fault or mostly at fault for the accident and your injuries qualify as serious, it is typically a better idea to take action against the trucking company rather than file with your own insurer. This is because your own insurer limits your recovery based on your policy limits. Most people only carry minimum coverages, so you are probably looking at a max of only $10,000 in personal injury protection (PIP) coverage.
Trucking companies, on the other hand, will typically have much more comprehensive coverage, so you could potentially recover far more for your losses. Also, when you file against a carrier, you might be able to recover additional damages, such as pain and suffering and punitive damages, depending on the situation.
The outcome of your truck accident claim is important to you and your family and you want to get the highest settlement possible. So before taking any action or filing any claims, speak to our Jacksonville truck accident lawyer for a free, brief consultation to discuss your options. We can point you in the right direction and help you make informed decisions about your case.
Was the truck driver or carrier at fault for the accident?
You can hold the trucking company liable for your losses if you can show that the driver or the company was somehow negligent. In legal terms, negligence simply means a failure to act in a reasonably safe manner so as not to put others in risk of harm. If the company or trucker somehow breached the standard duty of care and their actions—or inaction—caused the crash, they are responsible for your injuries.
The Law Firm of Anidjar & Levine has handled numerous truck accident cases for victims throughout the years. Below are some of the most common forms of truck driver negligence we have seen:
- The truck driver was poorly or inadequately trained;
- The driver overstepped the legal hours of service rules and was driving while fatigued;
- The driver was texting or using his phone while driving;
- The driver overcompensated or made serious maneuvering mistakes;
- The driver was intoxicated;
- The driver broke the rules of the road by speeding, traveling too fast for conditions, or failing to look before changing lanes;
- The cargo was improperly loaded or overloaded; and
- The trucking company or driver failed to properly maintain or repair the truck.
What types of losses can I recover with a truck accident claim?
Our lawyers can help you pursue financial compensation for most of your losses and expenses related to your injuries. The value of your claim depends on the severity of your injuries, your prognosis, the estimated dollar amount of your current and future medical needs, the duration of your disability, and other factors. Cases where you sustained lots of scarring, an amputation, or another disfigurement will naturally merit more damages.
Some of the things we can seek recovery for on your behalf include:
- Medical expenses;
- Physical therapy and rehabilitation;
- Lost wages, reduced capacity to work, and loss of work benefits;
- Mental anguish and emotional and psychological harms;
- Pain and suffering;
- Reduced quality of life; and
- The effect of your injuries on your job, family, and sense of well-being.
Similarly, if your loved one died in truck accident, you can seek compensation for the losses you have sustained as a result. Wrongful death damages include things like the loss of financial contributions your loved one would have made, funeral and burial expenses, and loss of support and consortium.
How can Anidjar & Levine help with my truck accident case?
The attorneys at the Law Firm of Anidjar & Levine is passionate about helping truck accident victims obtain the justice and compensation they deserve. We can help with all aspects of your truck accident case, from preserving evidence and filing documents to negotiating with the insurer and litigating in court. It is our aim to provide our clients with superior service and get them the fullest recovery possible.
Call our office today at 800-747-3733 to set up a consultation with a truck accident lawyer in Jacksonville to see how we can be of service to you.