Truck accidents can be devastating, especially in Florida, where they occur more frequently than other states. Big rigs and tractor-trailers are the largest vehicles on the road by several tons, intimidating other drivers on major highways and roads. The potential threat a driver can pose to small cars is no laughing matter. Smaller vehicle drivers are often the most injured in any crash involving a large truck. A trucking accident requires the specialized legal advice of an experienced roadside lawyer to bring a lawsuit against a liable truck driver or trucking company.
Contact the Law Place today for a free case evaluation for your trucking accident claim. Our lawyers have over 75 years of combined experience and are ready to investigate your injuries immediately. Make sure the truck company or the driver are held liable for their actions.
Our lines are open 24/7, and our representatives are waiting for your call. Schedule your free consultation with a qualified accident attorney today.
Call The Law Place now at (941) 444-4444.
How Is Responsibility Determined in a Florida Truck Accident?
Liability is a key factor in any motor vehicle accident claim. Accidents occurring in the trucking industry are unique in that multiple parties may be liable to any potential claim. Catastrophic injuries can, unfortunately, happen in the case of a trucking accident. Who is held liable is determined through investigations completed by insurance representatives, police, and lawyers hired by various parties involved in the crash.
Commercial truck drivers are often not the only party considered liable in an accident claim. Depending on the cause of the incident, different entities may be liable for your compensation claim. Culpability does not end with the driver. Liability can be determined to fall on the shoulders of the following parties:
- The truck driver
- The trucking company
- The motor carrier
- The truck manufacturer
- The truck parts manufacturer
- Third-party companies/ independent contractor
- Other drivers
Determining which party is liable can be complex and confusing. Hiring a qualified truck accident lawyer will start the investigative process as soon as possible. Finding out whether the truck driver or trucking company should be held responsible is an integral part of this process and will dictate which parties can be sued by victims of the crash.
Can You Sue a Trucking Company?
In the course of an investigation into your trucking accident case, liability will be determined to fall on the truck driver, trucking company, independent contractor, or another involved party. If trucking companies are held responsible for the crash, either due to overworking their driver or negligent management of their vehicle, you have legal rights to sue them for damages.
If you choose to sue the trucking company, you will need a qualified personal injury and accident lawyer on your side to help fight your case. A large truck company will have a team of lawyers and a big insurance company to help defend them and devalue your case. You must prove negligence, defined by The Legal Information Institute as a failure to act as a reasonable person would to prevent injury.
If your accident resulted in serious injury, you have legal rights to pursue a lawsuit against negligent and responsible parties. However, if you only sustained minor injuries or property damage, Florida No-Fault law rules that personal insurance companies will have to cover damages related to the incident, regardless of responsibility. You can find more information on No-Fault law listed in Florida Statute 627.7407.
The criteria for serious injury include permanent or significant physical trauma, negatively affected movement or mobility, and permanent or extensive scarring. Death is also a factor for serious injury, but a wrongful death claim will account for different damages relating to the decedent’s close relatives.
What Should You Do to Ensure You Get a Settlement for Pain and Suffering?
Documenting evidence resulting from your accident is essential to prove any calculations for potential pain and suffering damages. There are many kinds of evidence you can provide your attorney, the court, and the at-fault party’s insurer. If you choose to hire a lawyer, they will collect as much evidence as possible to bolster the strength of your case.
Some examples are:
- Records of medical treatment
- Medical bills and prescription records
- Expert testimony from doctors
- Your testimony
- Testimony from family and friends
- Employer documents
- Income tax forms
- Photos of your injury/ injuries
- Expert accident reconstruction
These are some of the ways to prove your personal injury case to the court and the at-fault party’s insurance company. You may also want to keep a journal of the time after your accident, documenting everything you have experienced to prove your anguish.
It is important to keep the evidence available for your lawyer and to have them start the investigative process as soon as possible. If you choose to sue the trucking company, they will try to delegitimize and devalue your claim as much as possible, potentially even hiding evidence that would benefit your case.
Consult The Law Place Truck Accident Lawyers Today
Have you or a loved one been involved in a big rig accident? Did it result in serious injury or wrongful death? Sue the company or the driver for damages and get the peace of mind you deserve.
Consult The Law Place accident attorneys today. Our team of qualified truck accident lawyers has a combined experience of 75 years, ensuring a thorough and speedy case investigation on your behalf. The Law Place offers a free case evaluation with a qualified attorney who will explain what damages you may be able to claim and from who.
Make sure responsible parties are held accountable. Schedule your free consultation to start on your road to justice now.
Call The Law Place today at (941) 444-4444.