Being in a car accident is scary enough. When the negligent driver is maneuvering a multi-ton vehicle, it is even more traumatizing and damaging, sometimes causing severe injury and even death. According to the Insurance Institute for Highway Safety (IIHS), 67% of all large truck crash fatalities were in passenger cars in 2018.
If you are the victim of a negligent act involving a concrete truck, let a Punta Gorda concrete truck accident lawyer help you navigate your claim and lawsuit. Call the Law Offices of Anidjar & Levine at 1-800-747-3733 today for a free consultation. You worry about getting better. We take care of everything else.
Proving Negligence in a Concrete Truck Accident in Punta Gorda
Before you can file a productive lawsuit, you must be able to prove the driver was negligent by showing that they:
- Had a responsibility to drive with care for others on the road
- They breached that duty of care
- That breach is what caused the accident
- That accident is what caused your injuries and damages
When you move toward proving this, you must collect evidence. It is best if you can collect evidence at the scene when the accident happens. However, if you cannot, either ask someone available or let your personal injury attorney help you gather what you need during the lawsuit process.
Evidence you can use to prove negligence includes:
- Photos of the accident
- Vehicle data
- Security footage from local businesses
- Traffic camera footage
- Witness testimony
- Police report
According to the Florida Highway Patrol (FHP) Commercial Motor Vehicle Manual, all commercial vehicles, including concrete trucks, must have the following:
- Current tag registration
- Contain and display Florida or USDOT number
- Highway safety fuel decal if the vehicle:
- Exceeds 26,001 lbs.
- The power unit has three or more axles.
- Operating interstate
- Correct weight and size
- Safe and working equipment
If these are not present or truck parts are not viable, it may also help you figure out who you should file the lawsuit against—the company, the driver, or the manufacturer. There is a lot to look into when dealing with commercial vehicles, and an advisor can help you weed through the legal jargon while providing responsive legal care. The Law Offices of Anidjar & Levine can do this. Feel free to call a member of the team today at 1-800-747-3733 for your free case evaluation.
“Pure” Comparative Negligence
Under Florida Statutes §768.81, pure comparative negligence means that you are responsible for your side of the negligence if both you and the other driver shared fault. For example, if you are 15% at fault for the accident, the other party would not be responsible for paying you that percentage of compensation, which the awarding judge subtracts from your payment.
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Going the Extra Mile for Our Clients
The Law Offices of Anidjar & Levine has a team of personal injury lawyers ready to take on any level of the legal process for you. Our Punta Gorda concrete truck accident lawyer is responsive, available, and knows the law.
If you are suffering because of the loss of someone you love, or you were injured because of someone else’s negligence, we are here to help you through the legal process.
The injuries and grief that can follow in the wake of an accident with a concrete truck can be grievous, both mentally and physically. It would help if you had time to heal and refocus on moving forward. You should not have to carry the burden of reliving these moments over and over as you get help with your recovery.
Our Punta Gorda personal injury attorneys can:
- Gather evidence
- Interview witnesses
- Negotiate with defense teams
- Deal with insurance companies
- Keep you updated on the process
- Make sure everything is timely
- Gather expert witness testimony to help value your losses
Contact us today and let us advocate for your rights and file for the compensation you deserve. Do not allow insurance companies to treat you poorly or shift the blame on you. You have rights, and we are here to protect them.
Damages You May Be Eligible For
When you file your lawsuit, the evidence and expert testimony you receive are also put together to help you understand how much your awards may be for your pain, suffering, and loss. That loss may be monetary or nonmonetary.
Economic damages (monetary):
- Medical bills
- Funeral costs
- Loss of wages
- Household bills
- Emergency room visits
Noneconomic (non-monetary):
- Emotional stress
- Loss of life enjoyment
- Pain and suffering
This is not an exhaustive list, but it covers the most common compensation awards.
Important Filing Information
According to Florida Statutes § 316.065, you must report immediately to the police an accident with more than $500 in damage or involving an injury or death. You must file a crash report within 10 days of the accident if no police officer is present to do so. Concrete trucks are commercial vehicles, and this is always mandatory.
The time limit or statute of limitation for filing a lawsuit for a personal injury claim is four years. If the case is for the wrongful death of a family member, you have two years, according to the Florida Statutes § 95.11.
Contact a Responsive Legal Care Team Today
Let our Punta Gorda concrete truck accident lawyers assist you in settling your case. Our personal injury attorneys do the legwork so that you can take care of your personal life and healing.
Contact the Law Offices of Anidjar & Levine at 1-800-747-3733 today for a free consultation. We can take care of everything in your case and keep you updated throughout the entire process.
