Truck accidents are some of the most serious types of auto crashes, causing a large number of deaths and injuries in Florida each year. They are also highly complex, presenting numerous challenges for victims seeking compensation. Truck accident cases involve unique factors and laws that do not affect standard passenger car crashes, such as federal regulations, difficulty in preserving evidence, and legal defenses from truck companies’ attorneys.
If you or a loved one suffered an injury in a truck accident, you might be eligible for compensation for your financial, physical, and emotional losses. It is important to address the insurance and legal matters as soon as possible so vital evidence is not lost and you file your claim in time.
The attorneys at the Law Firm of Anidjar & Levine are passionate about helping truck accident victims get the justice and money they deserve. Call our office for a free consultation with a truck accident lawyer in Sunrise. We can review your options and discuss how our Sunrise personal injury lawyers can help you with your case.
Do I Qualify to File a Truck Accident Claim?
The primary qualifying element of a truck accident claim is negligence. We must be able to show that another party’s negligence caused your accident. Negligence is simply a legal term that means breach of duty or failing to use reasonable care.
Below are a few examples of negligence common in truck accident cases:
- Driving while tired or intoxicated;
- Insufficient training or experience;
- Failing to make proper maneuvers, such as turning too sharply or over-correcting;
- Not making the required maintenance checks prior to going on a haul;
- Improper securement of cargo;
- Faulty truck tires or brakes;
- Tailgating;
- Speeding and driving too fast for road conditions; and
- Driving while distracted.
These are not all of the factors that can cause a truck crash, however. No matter exactly how your wreck happened, contact our attorneys immediately. We can help you understand what happened and hold the responsible party liable for your damages.
Who is Liable for the Truck Accident: the Truck Driver or the Carrier?
Sometimes the truck driver was at fault for the accident. In other cases, the truck company, a third-party repair or loading company, or even a truck part manufacturer may be at fault.
In most truck accident liability claims, the truck company is the party legally responsible for victims’ damages. This is true even when the driver himself is the one who was negligent. A law known as vicarious liability provides that employers are liable for their employees’ actions. Carriers have a legal duty to hire qualified drivers, properly maintain their fleet, and stick to federal safety regulations. You usually cannot hold the driver personally liable unless he is self-employed or was acting outside the scope of his duties.
Of course, if a third party contributed to the accident, such as the manufacturer of defective cargo securement equipment, then filing a liability claim against the manufacturer might be the correct course of action. We can help identify which party is liable and how to best go about seeking compensation.
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How do Truck Accident Cases Differ from Other Types of Accidents?
Truck accident cases are more complex than other cases for various reasons.
They Involve Numerous Federal Trucking Regulations.
Proving a violation of a federal regulation, like driving too many hours or using a cell phone while driving, is often pivotal to winning a claim. Our attorneys understand the laws that regulate the trucking industry and how to prove a violation occurred.
They are Well-Defended.
When we file your claim, we will face the trucking company, their insurers, and attorneys. Admitting fault and doling out large settlements often means bad press and lost profits for carriers, so they hire teams of attorneys to aggressively fight claims brought against them. We can stand up to the trucking company and their representation.
Time is More Critical.
This is because carriers only have to retain certain documents for so long. Drivers’ logbooks, the truck’s “black box,” employee records, and other forms of potential evidence might get lost or destroyed before you have a chance to obtain them. Our lawyers can act quickly to retain essential evidence in your case. After reviewing your case, we will send out a letter of spoliation. This letter instructs the trucking company to preserve any evidence related to your crash before they have a chance to destroy it.
They Usually Involve Serious Injuries and Substantial Damages.
The more a claim is worth, the more tactics the carrier or insurer may try to reduce its value. We will calculate the full value of your damages, including your medical bills, lost wages, pain and suffering, and future costs. We will not stop until we recover a fair settlement in your case.
Because of all these challenges, victims should consult an attorney before taking any legal action. There is a lot on the line and it is far too easy to make mistakes that could ruin the claim.
Can the Law Firm of Anidjar & Levine Help with My Truck Accident Case in Sunrise?
At the Law Firm of Anidjar & Levine, our team of attorneys has the skills and determination to negotiate or litigate any type of truck accident case in Sunrise, including personal injury and wrongful death claims. For your convenience, we do not charge for our services unless we win your case.
Our lawyers know how to address the challenging factors inherent in these types of cases. From investigating facts and preserving evidence to negating defenses and justifying your damages, we know how to win truck accident cases. We will advocate for your best interests and take care of the legal issues so you can focus your energies on healing and recuperating.
Consult a Truck Accident Lawyer in Sunrise—for Free.
If you have questions about your truck accident, call the Law Firm of Anidjar & Levine. We can help you understand how to file a claim, how much your case is worth, and how to get compensation from the responsible parties.
