Truck drivers are not always responsible for truck accidents. In some cases, trucking companies, cargo loaders, municipalities, or other negligent parties bear responsibility. Who bears financial liability for your damages depends on several factors. A truck accident lawyer in Fort Lauderdale can identify all potentially liable parties, build an evidence collection that proves negligence, and fight for maximum compensation on your behalf.
A local law firm will offer a free review of your truck accident claim. An initial consultation can clarify the merits of your case and identify the at-fault party’s financial obligation.
How Is Financial Responsibility for a Truck Accident Established?
Truck accident claims are complicated. A personal injury lawyer can help you understand how truck accident liability is defined and how negligence is apportioned when multiple responsible parties contribute to an accident. Determining responsibility for truck accidents can involve many different factors.
Truck Driver Negligence
The commercial driver could bear responsibility for your accident if they are an owner/operator and their actions caused the collision. Some commonly reported causes of truck accidents that could indicate negligence include distracted driving, fatigued driving, and violations of federal regulations regarding hours of service.
Trucking Company Negligence
A truck driver’s employer is often vicariously liable for the driver’s actions. The trucking company may also bear responsibility for an accident if it fails to adhere to state and federal industry regulations. Additional reasons you can hold the company accountable include failure to train the driver properly or failure to ensure the driver is appropriately licensed and trained.
Facility Negligence
Before a truck gets on the road, the repair and maintenance facility is responsible for ensuring its roadworthiness. If it fails to do so, it could bear some liability. Similarly, you could ascribe responsibility to a cargo loading facility if it did not properly balance or secure the truck’s load.
Manufacturer Negligence
A truck’s maker could bear financial liability if a design or manufacturing flaw or defect caused a crash. The same liability could apply if the maker of a truck’s parts (brakes, wipers, etc.) distributes a defective product.
A truck driver is not always responsible for an accident. The best way to identify the cause of your accident is with a comprehensive investigation. While you focus on your physical recovery, your truck accident attorney will focus on optimizing your financial recovery.
How Can a Trucking Accident Lawyer Identify the At-Fault Party or Parties?
The liable party bears financial liability for compensating you. The key to assigning financial liability for a truck accident to one or more at-fault parties is proving the legal elements of negligence, including:
- Duty of care: The at-fault party’s legal obligation to obey the rules of the road and operate their vehicle safely
- Breach of duty: The at-fault party’s action (or failure to take action) that created a violation of their legal duty
- Causation: An established correlation between the at-fault party’s actions and your truck accident
- Damages: The financial consequences you experience because of the accident and subsequent injuries
Proving these elements is crucial to your commercial vehicle accident claim. A personal injury law firm can bring a pool of resources to your claim, including investigators who can help you build a comprehensive collection of evidence.
Will My Personal Injury Attorney Collect Evidence and Submit it to the Insurance Company?
No matter how many liable parties are involved in your truck accident claim, each insurance company will demand proof of its policyholder’s negligence. If you have a lawyer, they will handle evidence collection, including:
- Official reports (medical, police, fire, etc.)
- Witness statements (lay, experts, and specialists)
- Photos and videos (dashcam, smartphone, and traffic cam)
- Accident reconstruction (reports, diagrams, narratives, etc.)
In addition to collecting evidence, your lawyer will organize it into a cohesive case file and present it to all applicable insurance representatives for you. Your case file can identify truck accident liability.
How Much Compensation Can You Request in a Truck Accident Claim?
No two truck crash claims are identical, so no two cases have the same monetary value. Your truck accident will have a unique value based on your specific circumstances. The compensatory damages a lawyer can help you seek include:
- Medical, rehab, and therapy bills
- Treatment-related travel expenses
- Lost wages
- Lost future earnings
- Property damage or destruction
- Diminished property value
- Disfiguring and disabling injuries
- Physical pain and suffering
- Mental and emotional anguish
- Loss of enjoyment of life
- Wrongful death damages, if applicable
Track your expenses to date and obtain supporting documentation like bills, receipts, and estimates. You should also obtain documents that support the value of your future and non-financial damages, including medical records and a written prognosis.
How Long Do You Have to File Your Truck Accident Lawsuit in Florida?
You generally have two years from the accident date to file your personal injury lawsuit, according to Florida Statutes § 95.11. The same statute generally gives you two years from the date of a loved one’s passing to file your wrongful death lawsuit.
According to Florida Statutes § 95.051, some exceptions to the statute of limitations, such as the age of the injured party, could alter the filing deadline.
Since other factors could also cause a fluctuation in the filing deadline, the best way to ensure compliance is to let an experienced attorney handle it. They can file your lawsuit on time and in the appropriate legal venue.
Call (954) 633-8270 to Get Legal Support for Your Truck Accident Claim
If you suffered injuries in a commercial truck accident, our law firm will help you seek fair compensation. We will investigate the accident and identify the at-fault party.
One of our team members will review your claim at no cost or obligation and clarify your financial recovery options. Contact our team at the Law Offices of Wolf & Pravato to get started with a free legal consultation.
