Florida has no-fault auto insurance laws that limit your ability to hold a negligent tractor trailer driver accountable after an accident, unless you suffer serious and/or permanent injuries. If you meet the state’s serious injury threshold, you may be eligible to pursue a third-party liability auto insurance claim or a personal injury lawsuit to try to collect compensation for your expenses and losses.
If you suffered serious injuries in a truck accident, a tractor trailer accident lawyer in Plantation, FL from the Law Offices of Anidjar & Levine can review your case and explain your options for recovering compensation. We offer free case evaluations and consultations.
Call us today at 1-800-747-3733 for your complimentary consultation with a member of our team.
Recovering Damages After a Plantation Tractor Trailer Accident
We cannot give you an accurate value for your case until we complete an investigation and understand the severity of your injuries and the full range of your losses and expenses. However, we can help you understand the type of damages you may be able to recover in a Plantation tractor trailer accident case.
Some of the most common types of damages we recover for our clients who suffered serious injuries in a semi-truck crash include:
- Medical treatment not covered by your personal injury protection policy
- Ongoing care costs
- Lost wages
- Diminished earning capacity
- Repair or replacement of your vehicle
- Other related expenses
- Pain and suffering damages
If you are trying to handle your Plantation tractor trailer case on your own and you have questions or concerns about an offer from the insurance company, we encourage you to give our team a call. We handle these cases on a regular basis and can often uncover damages our clients overlooked on their own. We may be able to help you recover more than you would on your own.
Identifying the Liable Party in a Plantation Tractor Trailer Accident
In most cases, we do not file an auto liability claim or personal injury lawsuit against the individual trucker who acted negligently and caused your accident. Instead, a legal doctrine known as vicarious liability allows us to hold their employer liable. This is possible when:
- The truck driver caused the accident and your injuries.
- They were on the clock at the time of the accident.
- They were engaging in work-related tasks when they acted negligently.
By holding the trucking company responsible, we may be able to get compensation from their corporate liability policy. The limits of these policies are usually much higher than an individual’s auto liability policy. This is especially important for those who suffered catastrophic injuries and require ongoing care.
We will help you identify the liable parties or party, which we may be able to hold accountable in your case. In addition to the trucking company, this could include:
- Other drivers
- Tire or parts manufacturers
- Maintenance providers
- Other corporations
Investigating Your Plantation Tractor Trailer Accident
Before a tractor trailer accident lawyer can even try to recover compensation for your serious injuries in a Plantation tractor trailer accident, the lawyer will need to investigate the crash. This is key in recovering compensation for your expenses and losses.
In order to prove the truck driver acted negligently, we need to prove how the accident happened and why. This requires us to identify and collect a wealth of evidence including:
- Police reports and other official documents
- Eyewitness statements and interviews
- A survey of the scene conducted by a professional survey team
- Documentation of the damage to each vehicle
- Accident reconstructions and data from these experts
- Your medical records
- Expert testimony about your prognosis, impairments, and care needs
- Proof of your expenses and losses
One reason tractor trailer accident cases are often much more complex than a typical car accident claim is because there is additional evidence in these cases. This evidence is in the hands of the trucking company, and we need to act quickly to preserve it. As early as possible in the process, we will send a spoliation letter to the trucking company imploring them to protect this evidence.
Later on, we will gain access to this evidence, including:
- The driver’s electronic or written rest logs
- Maintenance logs
- Data from the truck’s onboard computer
- Results from the mandatory post-accident drug and alcohol tests
- Documentation of the damage to the truck and trailer
- The driver’s personnel records
Navigating the Plantation, FL, Tractor Trailer Accident Claims Process
If you suffered serious injuries in a Florida tractor trailer crash, we will handle the entire claims process for you. This includes:
- Collecting evidence and building a strong case for liability
- Calculating a fair settlement value for your case
- Sending a demand letter outlining our case to the insurance company
Attempting to Negotiate a Fair Settlement Agreement
After we send a demand letter to the insurance company, they typically respond with a counter offer. This often leads to several rounds of settlement negotiations, and we aggressively pursue a fair settlement on your behalf. Often, we are able to reach an agreement at this point, and recover compensation to pay for your accident-related expenses and losses.
Filing a Personal Injury Lawsuit
We may need to file a personal injury lawsuit if:
- The trucking company denies liability.
- The insurance company denies our claim.
- The insurance company refuses a fair settlement.
Sometimes filing the claim is enough and they will offer a higher settlement. If not, we can represent you in front of the judge. We will present the case we built, and ask the judge to award you the payout you deserve.
Talk to a Tractor Trailer Accident Lawyer in Plantation, FL, Today
The Florida truck accident team from the Law Offices of Anidjar & Levine offer free case evaluations. We can help you understand if you meet the state’s serious injury threshold and if we believe you have a valid claim against the truck driver and trucking company.
Call us today at 1-800-747-3733 and let us get to work on your case.