Truck accident claims can be more complicated to settle or to litigate than car accident claims. The former can involve more seriously injured accident victims, potentially higher settlement values, and multiple at-fault parties. These are a few reasons why truck accidents are more complex than car accidents and why reaching a favorable resolution without legal representation can be challenging.
To get started, you can get a free claim review from a team member at a law firm in your area. A truck accident lawyer can help you gather evidence of the negligence that led to your collision and identify one or more liable parties. They can also deal with one or more insurance companies on your behalf, allowing you to focus on getting better while they deal with the complexities of your case.
Identifying Truck Accident Liability Can Be a Complex Undertaking
Holding a person or entity accountable for your truck accident starts with proving each party’s liability based on their role in causing or contributing to the collision. The elements of negligence required to establish liability include:
- Duty of care: Each party’s legal obligation to maintain safety on the road
- Breach of duty: Each party’s failure to meet their reasonable legal obligation
- Causation: The correlation between each at-fault party’s breach and your accident
- Damages: The financial expenses and losses you experienced due to the accident
Proving these elements requires a substantial evidence collection that presents an objective view of the accident, its sequence of events, and its outcome. Relevant evidence can also identify the responsible party or parties.
The Truck Driver and Trucking Company Could Be Liable
A truck driver (especially an owner/operator) can be liable for the accident if their actions directly cause it, including driving under the influence of alcohol or drugs or exceeding federal regulations regarding hours of service. The trucking company could be vicariously liable for its driver’s actions or if it failed to train, license, or vet its drivers appropriately.
The Manufacturer of the Truck or its Parts Could Be Liable
Commercial trucks are massive machines with lots of moving parts. The manufacturer could be financially liable for a trucking accident if a manufacturing flaw or defect, such as faulty tires, brakes, windshield wipers, or speedometers, caused or contributed to it.
A Cargo Loading or Truck Maintenance Facility Could Be Liable
Loading and balancing a large truck is a serious and strategic process. When cargo is not loaded correctly, it can cause the weight of a truck to shift during travel, creating a road hazard. If the cargo facility did not meet its obligation to load the truck properly and secure its cargo adequately, it could be partially responsible for the accident.
What Makes Car vs. Truck Accident Comparisons Complex
Recovering fair compensation for a motor vehicle accident starts with assessing your damages. The types of damages you can request for an accident include:
- Past and future medical bills: These can vary significantly between car and truck accidents since a truck accident victim can sustain more severe injuries that require more extensive and costlier care.
- Past and future lost wages: Any motor vehicle collision can impact an accident victim’s income if they must take time off work to recover. Truck accident victims may require longer recovery times and loss of future earning potential.
- Property damage: A collision between two cars can cause severe damage. A truck’s higher weight and bigger size can lead to more significant damage, including having the smaller vehicle deemed a total loss.
- Wrongful death damages: Truck accidents can lead to fatalities that require lengthy and complex claims for surviving family members. According to the Insurance Institute for Highway Safety (IIHS), vehicle occupants are more likely to suffer a fatality than truck occupants.
Damage assessment can vary significantly between truck and car accidents. A Florida personal injury lawyer can help you accurately document your claim and its monetary value.
The Statute of Limitations for Truck and Car Accidents Can Also Be Complex
All civil lawsuits have a filing deadline. For truck and car accidents in Florida, it is generally two years, according to Florida Statutes § 95.11. If you do not file your personal injury or wrongful death lawsuit on time, you could lose the right to file.
The filing deadline can fluctuate based on several factors, so the best way to ensure compliance is to let a truck accident attorney handle this potentially complex requirement for you.
The Benefits of Hiring a Lawyer After a Commercial Vehicle Accident
Representing yourself against a huge truck company and its insurance provider can be daunting. When an experienced attorney represents you, they will take on all the details of building your claim and dealing with the insurance company. They will:
- Investigate the accident’s cause
- Gather evidence of truck driver negligence
- Canvass the accident scene
- Gather lay and expert witness statements
- Build a strong evidence-collection
- Provide ongoing progress reports
A personal injury attorney can also clarify Florida’s truck accident laws and how they could impact your claim. They will guide you through the entire process from start to finish, including negotiating for the best possible settlement.
Hiring a Commercial Truck Accident Lawyer Does Not Have to Be Complex
No one should forego legal representation out of fear of its cost. Most truck accident lawyers work on a contingency fee basis, meaning they cover the costs of preparing your case without requesting a retainer or upfront fees. The costs they will cover for you may include:
- Court filing fees
- Expert witnesses
- Discovery costs
- Deposition expenses
- Evidence collection
- Investigation costs
- Truck inspections
- Facility inspections
If you do not win a settlement or verdict, you will not owe the law firm or attorney any legal fees.
Get a No-Cost, No-Obligation Review of Your Truck Accident Claim
You could be entitled to financial compensation if you or a loved one suffered injuries in a truck accident. At the Law Offices of Wolf & Pravato, our legal team can explain why truck accidents are more complex than car accidents, help you effectively navigate the truck accident claims process, and fight hard to streamline your case whenever possible.
Learn more about the benefits of hiring our personal injury law firm—call (954) 633-8270 for a free consultation.
