A collision with a semi truck or big rig can have devastating results. The occupants of the smaller car, truck, or SUV involved in a crash with an 18-wheeler almost always suffer the worst damages. A wreck with a vehicle that large can produce life-changing injuries and even result in death.
If you were in a truck accident, you could be eligible to receive compensation for your injuries and property damage. The Naples truck accident lawyers at the Law Firm of Anidjar & Levine can help. We fight aggressively on behalf of clients involved in collisions with big rigs. We can help you recover damages for medical bills, lost wages, pain and suffering, vehicle damage, and other costs associated with the crash. Contact our office today at 800-747-3733. We offer free consultations to examine the details of your case and can advise you of your legal options.
Who is responsible in a Naples truck accident?
If you suffered injuries, several parties could potentially be responsible. Depending on the circumstances of the crash, responsible parties might include the truck driver, the trucking company, and the manufacturer of the truck or its parts.
The Truck Driver
Florida law sets a standard of care that all drivers must exercise. When a driver breaches that standard and causes an accident, the driver is liable for damages and injuries that occur. Common breaches of the standard of care include:
- Driving while distracted, such as by texting;
- Driving under the influence;
- Failure to obey a traffic control device;
- Failure to yield; and
- Reckless driving.
We examine all available evidence to determine if the truck driver breached their standard of care and we pursue damages accordingly.
The Trucking Company
Florida has a standard called vicarious liability that applies to trucking companies and their employees. This law states that companies bear responsibility for damages caused by employees acting within the scope of their job duties. If the trucking company asked the driver to engage in unsafe driving practices, it may be partially responsible for your crash.
Pursuing a big company for damages is different from pursuing an individual. Big companies have greater financial resources, meaning you can potentially receive a higher payout. However, they also have more legal resources, including highly paid lawyers of their own. You need our qualified attorneys working on your behalf who have experience going up against trucking companies and large corporations.
In some cases, the evidence shows that the accident resulted from a flaw in the design of the truck or one of its parts. If a bad tire blew out and caused the truck to jackknife, or if faulty brakes prevented the driver from stopping the truck, the manufacturers of those parts may be responsible for the wreck.
Our defective product lawyers can determine if manufacturer liability played a role in your accident, and if so, take the appropriate steps to pursue damages.
The Insurance Company
Trucking companies carry robust insurance policies to protect themselves and their drivers in an accident. Pursuing an insurance company on your own for damages is difficult. They are notorious in their efforts to pay as little as they can. We have experience facing insurance companies and know what we are up against. We can use our knowledge and resources to ensure you receive the maximum compensation you deserve.
What if I was partially at fault?
Perhaps you were partially at fault in the accident. If so, do not let anyone convince you that you cannot still receive compensation. Florida has a law called contributory fault. This law does not bar you from collecting damages if you were partially at fault in a collision; it simply reduces your compensation proportionately based on your share of fault. We use the evidence we gather to minimize your share of contributory negligence and thus increase your payout.
How do you prove fault after an accident?
Collecting damages requires proving that another party meets the legal definition of negligence and that their negligence caused your injuries or property damage.
For instance, truck drivers and trucking companies are bound by laws stating how many hours per day they can drive and how often they must have their trucks serviced. After a crash, the trucking company must produce documentation that it followed these laws. We will immediately send the trucking company a letter requesting this documentation.
We can also demand additional evidence that might prove beneficial to your case, such as proof that the trucking company adequately trained the driver and conducted background and drug screenings. If the trucking company failed to do these things, their negligent actions may have played a part in your crash.
Other evidence we can collect to build your case includes the following:
- Eyewitness statements;
- Expert witness statements;
- Truck logs;
- Police reports;
- Testimony from accident reconstruction experts; and
- Medical records.
Types of Recoverable Damages
Because of the size of the vehicles involved, injuries in a truck accident can be severe. They frequently require ongoing—and even lifelong—treatment. If your earning capacity diminishes, we can seek compensation to replace your lost income. You also might be eligible for compensation for pain and suffering and other non-economic damages.
Damages we can attempt to recover on your behalf include:
- Medical bills;
- Ongoing therapy and rehabilitation;
- Disability accommodations to your home, such as the addition of wheelchair ramps or lifts;
- Lost wages, including future wages;
- Vehicle repair or replacement; and
- Pain and suffering.
We can also pursue a wrongful death case if you lost a loved one due to another party’s negligence.
Do I need a truck accident lawyer?
Taking on a trucking company on your own is a tall challenge. Most of them have extensive financial resources and a huge team of lawyers representing their interests. To have the best chance of a favorable outcome, you need aggressive attorneys working on your behalf, as well.
The team at the Law Firm of Anidjar & Levine knows how to take on trucking companies. We can put our knowledge and resources to work for you. Let us sit down with you, go over the details of your case, and advise you on the best way to proceed. The consultation is always free. Call today at 800-747-3733 to speak with one of our attorneys about your truck accident.