Every year in South Florida, truck accidents cause countless injuries, property damage, and even death. If you were in a truck crash and cannot return to work, your medical costs and household bills begin to accumulate, leaving you worried about keeping a roof over your head.
If you or a loved one sustained significant injuries due to the negligence of a truck driver or trucking company, you may be eligible for compensation. The Law Firm of Anidjar & Levine can help you get it. We will protect your legal rights, answer all your questions, and help you get the medical care and emergency services you need.
In a Truck Accident, Who Is at Fault?
If someone’s recklessness led to your Port Charlotte truck accident, that individual or company typically has fault. In a truck accident case, several parties may share responsibility for the crash.
Trucking companies must maintain their fleet of vehicles in safe working condition. If the company fails to properly maintain their vehicles—and that failure leads to an accident—the company is liable for your damages.
Truck drivers must operate their vehicles in accordance with all applicable laws, company guidelines, and safety standards. If drivers fail to pay attention to speed limits, roadway markings, and federal standards that limit how many hours per day they can drive, they may be liable for an accident.
In many cases, both the driver and the trucking company may be responsible for an accident. If some component or system of the truck itself fails, the manufacturer may also have liability for your damages.
However, proving that a driver, manufacturer, or trucking company has fault for an injury accident can be challenging. Our attorneys know how to establish fault in these complex cases so you can get the compensation you deserve.
How Does a Lawyer Prove Fault?
For your claim to be successful, we must prove that the truck driver, trucking company, or vehicle manufacturer—or some combination of these three parties—were at fault for your truck accident. We will fully investigate your claim to determine who caused your wreck.
Some of the most common reasons truck accidents occur include:
- Vehicle safety violations;
- Poor or improper vehicle maintenance;
- Improper driver training;
- Improperly loaded or overloaded trailer;
- Fatigued drivers;
- Distracted drivers;
- Drivers under the influence of drugs or alcohol;
- Traffic law violations;
- Drivers who ignore roadway markings or signs;
- Reckless driving; and
- Aggressive driving.
After determining the cause of your accident, we will prove that negligence caused your injuries. This requires proving the four legal elements of negligence.
Duty of Care
Truck drivers owe a duty of care to motorists and others who share the road. This means that the driver must observe and obey all applicable laws and drive safely at all times. The trucking company must also protect the public by maintaining their vehicles in a safe and legal manner, providing training for drivers, and conducting safety inspections.
Breach of Duty
If a driver puts other motorists or the public at risk by ignoring traffic signals, driving while tired or impaired, texting and driving, or speeding, they have violated their duty of care. If the trucking company fails to impose regulations or if the manufacturer allows unsafe vehicles on the road while they are aware of a problem, they have breached their duty of care to you and the public.
If that driver’s or trucking company’s breach of duty led to your accident, they are responsible for your damages.
To prove that you sustained actual damages, we will provide receipts, medical bills, and other proof of your monetary damages.
How Much Is My Claim Worth?
The nature and severity of your injuries are the primary determining factors in the value of your claim. If your injuries resulted in any permanent or long-term damage, your claim could have greater value.
To determine how much your claim may be worth, we will compile information that includes:
- All medical bills and care costs to date;
- Lost income to date;
- Personal property damages;
- Vehicular damages;
- Future costs, including medical treatments, therapy, and rehabilitation;
- Future lost income;
- Pain and suffering;
- Loss of life enjoyment; and
- Value of permanent disability.
We may call on subject matter experts for testimony or sworn statements to support various aspects of your claim.
Do I Need a Truck Accident Lawyer to Submit My Claim?
Allowing us to prepare, submit, and negotiate your claim provides a number of clear advantages to your case. We will not only protect your legal rights, but we will also work diligently to help you obtain the fair financial settlement you deserve for your injuries. In addition, we can help you get the treatment you need while you focus on recovering and reclaiming your life.
We will also negotiate with the insurance company on your behalf. It is imperative that you do not speak with or give a statement to the trucking company’s insurance company or legal representatives. Their goal is to minimize the amount they must pay out on their client’s behalf. Consequently, they may try to induce you to accept a token settlement, leaving you with no legal recourse for your future needs.
We will fight to get you a fair settlement offer that will cover your needs for years to come. If the insurance company refuses to submit a reasonable offer for settlement, we can prepare your case and argue for your rights in court.
Selecting a Truck Accident Lawyer in Port Charlotte
If you sustained significant injuries in a truck accident, financial compensation will provide the support and assistance you need to get your life back on track. An attorney can help you recover the full value of your accident-related damages.
The Law Firm of Anidjar & Levine will fight for you and stand by you throughout the entire claims process. We will not rest until we have exhausted every possible avenue for obtaining a settlement for your injuries.
We offer a complimentary consultations and case reviews to answer your questions and help you make the right decisions for your future. Contact us today at 800-747-3733 to schedule an appointment.