Big rigs are massive compared to most passenger vehicles, so when the two collide the outcome is rarely good for the occupants in the smaller car, pickup, or SUV. Drivers and passengers can sustain life-threatening injuries and many require hospitalization and ongoing care for weeks or months. Some truck accident victims receive permanent injuries, including paralysis or traumatic brain injuries.
If you suffered serious, permanent or disfiguring injuries in a truck accident, we are here to help. At the Law Firm of Anidjar & Levine, we fight for accident victims’ rights, taking on trucking companies and insurance companies to ensure our clients get the compensation they deserve. Call us today at 800-747-3733 to schedule a time to discuss your accident and injuries, and receive a free case analysis from a Miami truck accident lawyers.
Who is liable for my truck accident injuries after a crash?
Tractor trailer accidents differ from a typical car accident in one major way: The at-fault driver is not the only liable party in a truck crash. Instead, we will primarily be facing off with the trucker’s employer—usually a trucking company or other large corporation. This is because a legal doctrine known as vicarious liability comes into play.
Under vicarious liability, an employer is accountable for their employees’ actions while they are working. Since the trucker’s job is to drive, a crash caused by a truck driver is the responsibility of that driver’s employer. This means we have to take on a regional, national, or even international company and their legal team to recover the compensation you deserve. It also means they have a much larger liability policy than an individual would carry.
Liability is not always cut and dry. While you may believe the truck driver acted negligently, another car may have contributed to the accident. In fact, multiple parties often play a role in truck accident. You may even share in the responsibility. While we work to mitigate any possible role you had in causing the accident, you can still collect compensation despite being partially at-fault. This will, however, reduce how much compensation is available to you.
We thoroughly investigate every claim and identify any and all liable parties in your case. Sometimes we find an accident occurred because of a defective part, negligence on the part of the truck manufacturer, an issue with the truck maintenance company, or a problem caused by the tire company.
How can we prove the trucker acted negligently?
Truck drivers, like all other motorists, have a responsibility to obey traffic laws and drive in a way that does not endanger others. When they fail to do so and it causes a wreck, this is negligence. Negligence is important in truck accident cases because without it, we cannot show the truck driver caused the crash or hold the trucking company accountable.
To prove negligence, we can collect a wide variety of evidence. This often includes:
- Police reports;
- Statements and interviews with eyewitnesses;
- Pictures of the accident scene; and
- Testimony from accident reconstruction experts.
Truck accidents, though, have a wealth of evidence we cannot get our hands on right away. This is because much of the evidence necessary to prove negligence is actually in the hands of the trucking company.
When you agree to have us represent you, one of the first things we do is draft a spoliation letter to the trucking company. This letter puts them on notice about our forthcoming claim and requires them to protect any evidence in their custody. This may include:
- Electronic or manual truck logs;
- Data from the truck’s computer;
- Information about the driver’s training and licensure;
- Documentation about the truck’s maintenance;
- The driver’s personnel file; and
- Results from the mandatory post-accident drug and alcohol tests.
This evidence is critical in proving the truck driver acted negligently or identifying the true cause of the crash.
How do truck accident damages differ from those in a normal car crash?
In short, there are usually more of them. Because of the severity of injuries in many truck crashes and the higher limits on a commercial motor vehicle liability policy, truck accident victims often recover more than your typical car accident victim. However, this depends heavily on the severity and nature of your injuries and how they affect your ability to work and care for yourself.
For example, imagine if a truck driver changed lanes without looking and hit your car. You suffered spinal cord injuries, leaving you paralyzed from the chest down. You have medical bills from several weeks in the hospital and a month or more of inpatient rehabilitation. You have not worked since the accident and cannot return to your previous job. You had to buy a motorized wheelchair and require the help of a home health aide to shower. We can provide proof of all these expenses and losses and request compensation for them.
In addition, we could ask for money to pay your ongoing care costs. We work with experts and your doctors to determine your future care needs and include these costs in our claim. If you will need a new wheelchair every three years, we can ask the trucking company to pay for it.
Lastly, we request pain and suffering compensation based on the total of your financial losses. Pain and suffering damages cover the emotional losses associated with your accident and injuries.
Contact the Law Firm of Anidjar & Levine about Your Miami Truck Accident
If you suffered serious injuries in a truck accident, secure representation from a Miami truck accident lawyer. At the Law Firm of Anidjar & Levine, we fight to protect your rights and recover the compensation you deserve. Do not feel like you have to take on a trucking company and their team of lawyers on your own. We are here to help.
We handle all cases on a contingency basis, so your initial consultation is free and you pay nothing until we secure a settlement for you. We can evaluate your case and help you understand your legal options. We pride ourselves on working quickly and aggressively for our clients and helping them get the maximum compensation available in their case. Call us today at 800-747-3733 to speak with a truck accident attorney.