A serious collision between a passenger vehicle and a semi-truck rarely ends well for the smaller vehicle. The size and weight of a big rig can cause significant injuries and even death for the driver and passengers of the other vehicle.
If the truck driver was negligent—and consequently responsible for the accident, injuries, and damage—the victims may be eligible for compensation for their medical bills, lost wages, pain and suffering, and related damages.
Because most truck accidents involve a commercial trucking company, doing battle with their insurance company can pose a significant challenge. At the Law Firm of Anidjar & Levine, we can represent your interests and get you compensation for your damages. We will help you explore your legal options and assist you through every step of the insurance claim and associated legal processes. Call 800-747-3733 to set up a free case evaluation with a truck accident lawyer in Pembroke Pines.
Who is liable for my injuries after a truck crash?
In Florida, all drivers owe a duty of care to other motorists, pedestrians, cyclists, and everyone else who shares the road with them. When a driver breaks the law or behaves carelessly, this negligence places others at risk. When that behavior causes injuries to someone else, the driver is liable for the harm that results.
If the negligent truck driver was behind the wheel on behalf of a trucking company or another type of employer, the employer may also be liable. In some cases, faulty equipment or poor semi-truck maintenance practices may contribute to a truck accident.
The most common reasons for semi-truck accidents are as follows:
- Distracted driving;
- Equipment failure, including defective tires or failing brakes;
- Safety violations;
- Reckless driving;
- Fatigued driving;
- Improper driver training;
- Overloaded or improperly loaded trailer;
- Driver impairment;
- Failure to obey traffic laws; and
- Aggressive driving.
Determining who is at fault for a truck accident can present a challenge. However, negotiating with a large, resource-rich insurance company can be even more difficult.
Our lawyers understand how to determine and prove fault for a collision. We have the expertise and resources to compel the at-fault party’s insurance company to offer you a fair settlement. If they refuse, we can assemble the evidence necessary to make your case in court.
What do I need to file a claim?
To recover a fair settlement for the injuries and damages you suffered in a truck accident, we must prove that the driver failed to exhibit reasonable care on the road and, as a result, you suffered injuries and damage.
Although this may sound simple, the process is much more difficult than you might imagine. We need a variety of hard evidence to show the driver or their employer failed in their duty to protect you.
Truck drivers must keep detailed logs of their hours behind the wheel. The driver’s logs may help demonstrate driver fatigue or violations in the number of hours spend on the road.
Truck Maintenance and Inspection Records
These records demonstrate show the maintenance and inspection record of the truck. They can potentially demonstrate mechanical problems.
Trucking Company Records
If the trucking company has a history of violations or negligence, the company’s records can help support your claim for compensation.
If there were witnesses to the accident, obtaining their recorded statements is imperative for reconstructing the accident scene and building your case.
Photos of the Accident Scene
Accident scene photos are critical for supporting your account of the truck accident and for documenting damages.
Truck Onboard Data
Most semis have an onboard data recording “black box” that can provide documentation regarding the driver’s speed and other information relevant to the truck accident.
Medical records from the hospital, ambulance service, and the doctors who treated your injuries will support your claim by documenting your injuries and the associated costs.
If you were in a truck accident, contact us as soon as possible so we can gather this crucial evidence before it disappears. Over time, it can be difficult to locate eyewitnesses or they may forget what they saw. The scene of your accident can often change quickly, so timely photos of the crash are essential. Records from the trucking company may also disappear.
When we start working on your claim, we will issue legal notification to the trucking company and other related parties that compels them to preserve all evidence related to the crash.
How much can I recover from my accident claim?
The value of your claim will depend on the nature and severity of your injuries. Because truck accidents can result in extensive injuries and long-term or permanent disability, most big rig accident claims are substantial.
You may be eligible for compensation related not only to your medical costs, but also for other damages you suffered because of your injury. We will assemble the necessary documentation to substantiate each of these losses. We can typically win compensation for:
- Current medical bills;
- Lost wages to date;
- Cost related to care;
- Rehabilitation and physical therapy costs;
- Damage to a vehicle and personal property;
- Estimates of future medical bills and future care costs;
- Estimates of future loss of income and job-related benefits;
- Pain and suffering; and
- Lost enjoyment of life.
To substantiate your claim, we may call on medical experts to testify about the nature of your injuries and the type of care you will need in the future.
In most truck accident cases, the insurance company will offer a low settlement amount early on in the claims process. This is a strong indication that they know your claim is worth much more. We will protect you from the pressure to settle. We will also ensure that you do not provide any statements to the insurance company that could damage your claim.
Do I need a lawyer?
The trucking company you are up against likely has a team of lawyers on staff, working hard to make sure they do not have to pay your claim. At the Law Firm of Anidjar & Levine, we can represent you during this process to make sure your rights remain protected. When the trucking company has to deal with one of our lawyers, you can rest assured that they will cooperate in providing the documentation you need.
We have the resources to gather evidence and build a strong case on your behalf while you focus on healing. No amount of compensation can make up for the pain and damage you have suffered. However, by recovering fair compensation for your injuries, we can send a strong message to the trucking industry about putting safety first.
We offer complimentary consultations and case reviews. Call us today at 800-747-3733 to schedule an appointment or to speak directly with a truck accident lawyer in Pembroke Pines.