The speed and weight of a large truck can be a catastrophic or even deadly combination in an accident. If you or someone you love has suffered a serious or fatal injury from a truck accident, it can feel as though your life has been flipped upside down.
Speaking to a truck accident lawyer in Plantation can shed light on your circumstances, take some weight off your shoulders, and help you recover compensation for your losses to turn your life right-side up again.
The Law Firm of Anidjar & Levine focuses on helping accident victims obtain full compensation. Call 1-800-747-3733 today for help with a truck accident claim.
Who can be liable for my damages?
In many cases, negligence on the part of the driver is the cause of the accident. Perhaps the driver was fighting fatigue, unlawfully using a phone, distracted, under the influence of alcohol, or just inexperienced.
If the driver was an owner-operator or independent contractor, it is unlikely that there is a responsible third party unless a critical component of the vehicle failed because of a manufacturing defect.
If the truck driver was an employee, however, it is likely that the truck driver’s employer is party liable for your injuries. Per the doctrine of vicarious liability, employers are liable for the actions of their employees, so long as the employees took those actions in the scope of their employment. The owner might also be directly liable for negligent maintenance or negligent hiring if either caused or contributed to the accident.
If the accident resulted from a manufacturing defect or improper maintenance, we might be able to hold the manufacturing or maintenance company liable.
How do I recover compensation?
To receive compensation, the evidence we provide must prove that the driver (or other party if applicable) was negligent. To establish a case for negligence you must prove the responsible party owed you a duty, it breached that duty, the breach of the duty proximately caused injuries, and those injuries left you with damages.
To establish negligence, the Law Firm of Anidjar & Levine may subpoena the following data:
- In-truck “black box” device (may show whether the driver was speeding)
- Electronic log books that may show whether the driver abided by hours of service rules
- Maintenance records to ensure compliance with DOT standards
- Training records to ensure that the driver met the minimum requirements
- DOT physicals concerning the health of the driver
- Weigh station records to determine whether the truck was overloaded or had an illegal distribution of weight
- Potential manufacturing defects
- Environmental factors that the driver failed to account for
- Drug or alcohol test results
Even if a responding officer did not cite the driver or a subsequent investigation from a regulatory or administrative agency did not result in a citation, this does not mean that the owner or operator was not negligent.
We will get to work obtaining any evidence we need immediately as the trucking company can destroy records after a certain period of time. We will send the trucking company a letter of spoliation requesting it preserve and hand over the evidence we require or face sanctions.
What might I recover for my truck accident injuries?
To receive compensation, the evidence we provide must prove the driver (or other party, if applicable) was negligent. To establish a case for negligence you must prove the responsible party owed you a duty, it breached that duty, the breach of the duty proximately caused injuries, and those injuries left you with damages.
Once we have proven negligence, we will establish your damages and the value of your case.
Damages can be both economic and noneconomic. “Noneconomic” damages are a form of monetary compensation that reimburses you for pain and suffering, mental anguish, inconvenience, loss of consortium, or loss of enjoyment of life.
Economic damages might include medical or nursing home expenses, loss of earnings, property damage or loss, the cost to hire professionals for services that you can no longer perform for yourself, loss of employment, business, or other income opportunities, etc. They could also include funeral, burial, and cremation expenses.
Never accept a settlement without running it by a lawyer at the Law Firm of Anidjar & Levine first. It is likely that you will leave thousands of dollars on the table if you do not have a professional ensure the settlement covers everything you need.
How long will it take to resolve my case?
There is no specific timeframe for how long an accident case will take as it turns on many variables. Compensation can come from a settlement, or it can come from the court. First, both sides will have the opportunity to investigate the accident, its causes, resulting injuries, diagnoses, and prognoses. This exchange of information can take weeks or even months.
Once both sides have investigated the accident, the demand and negotiation processes can begin. If the trucking company’s insurer refuses to offer a fair settlement, you might need to file a lawsuit.
Parties often resolve truck accident suits before trial because of the risks and expenses associated with taking the case to trial.
Anidjar & Levine provides timely updates to clients about their case status and works efficiently to balance the importance of a thorough investigation with the goal of resolution.
Get a Plantation truck accident lawyer on your team.
Though no two cases are the same, the Law Firm of Anidjar & Levine has experience handling all types of truck accident cases. Each case contains its own complexities that we look forward to helping you through.
It costs you nothing for us to evaluate your case. Call us today at 800-747-3733 to schedule your appointment.