Drivers of West Palm Beach highways and roads are no strangers to large commercial vehicles and high traffic. Busy roadways, erratic drivers, and frequent construction can increase the likelihood of a crash with a semi-truck. Although any type of vehicle accident can result in costly bills and painful injuries, the risks are especially high in truck accidents.
If you were hurt in a Palm Beach County truck accident, you could file a claim for compensation against the driver and trucking company. The trucker’s negligent behavior should not leave you in dire financial straits, and we aim to hold them responsible for your injuries, expenses, and pain and suffering. Our legal team is committed to helping truck accident victims and their families, so call the West Palm Beach personal injury lawyers at the Law Offices of Anidjar & Levine for a free consultation.
What Damages Can I Seek After A West Palm Beach Truck Accident?
Calculating compensation after a collision can be challenging for any accident victim, as there are many factors to consider. When dealing with it on your own, you may miss out on crucial compensation or not know if an offer is fair. When dealing with a West Palm Beach personal injury lawsuit or claim, let us review your case. We can look at the losses you’ve suffered and give you an estimate of your claim.
Every personal injury claim is unique, so individual results will vary. However, recoverable damages in a truck accident case often include the following:
- Medical bills, including hospital stays, surgeries, physical therapy, prescription medications, and other medical treatments
- Loss of income from missing work
- Loss of earning capacity if you are unable to return to your job
- Pain and suffering damages for physical and emotional trauma
- Loss of enjoyment or diminished quality of life
- Loss of consortium
- Property damage costs for vehicle repairs or replacement
- Funeral expenses in wrongful death cases
Every case is unique, so giving an average of settlement values is hard. But costs can add up quickly in an accident as potentially catastrophic as a truck collision, and we will fight for everything you deserve and need to make up for the harm done to you.
We Offer Responsive Legal Representation For Truck Accident Victims
Our law firm has years of experience fighting for injured people’s rights. We’ve represented clients in a variety of cases. This translates to an all-encompassing understanding of the codes that make up Florida’s legal system.
Strong communication is a core value at our firm. When you sign on as a client with us, you’ll receive the following benefits:
- Consistent case updates from our team
- The phone number of the lawyer assigned to your case
- Home or hospital visits, if you can’t come to one of our offices
- Attentive care (we’ll help you schedule appointments related to your case, like auto repairs and hospital visits)
- Prompt responses to your calls or emails (we want to make sure you have peace of mind)
You can rest assured we will go the extra mile so you can relax and focus on getting better.
What Makes Our Florida Personal Injury Law Firm Stand Out From The Rest
We’re a leading legal practice in West Palm Beach, known for our exceptional representation in personal injury cases. Our firm’s attorneys are known for their expertise in handling truck crashes, car accidents, slip and fall accidents, and other types of personal injury cases.
We Fight For Our Clients’ Rights
We’re dedicated to fighting for our clients’ rights and ensuring they receive the compensation they deserve. Clients can expect top-notch legal representation and personalized attention.
We Are Dedicated To Achieving A Positive Outcome
Our firm’s attorneys are dedicated to providing a high level of service and will work tirelessly to achieve a positive outcome for our clients.
We Have Years Of Personal Injury Experience
Regardless of what type of accident you’ve been in, we have the experience and expertise to guide you through the legal process and help you achieve the best possible outcome.
We Work to Give You a Stress-Free Experience
Our team is not only highly skilled and knowledgeable, but we are also compassionate and understanding. We understand that being involved in an accident can be a traumatic experience, and we’ll work to make the legal process as stress-free as possible for our clients.
When you team up with us, you can feel confident that you are in good hands and that your case is in the hands of highly experienced and dedicated legal professionals.
We Make Truck Accident Assistance Accessible to Those Who Need It
Our personal injury law firm offers a pricing plan that keeps our services affordable to everyone. We offer:
- Free case evaluations: Allowing a team member to evaluate your claim won’t cost you a dime. We’ll work to understand the details of your case for free.
- Contingency-fee pricing: Our personal injury lawyers work on contingency. This means a portion of your court award or settlement pays our attorneys’ fees. You won’t pay upfront for anything.
These policies mean that we don’t add to your financial burden when you work with us. We are in business to win and only get paid when you do.
How Does Liability Work In A Truck Accident Case?
When determining liability, one task our lawyers will perform is gathering evidence. Without clear evidence, proving that another party was responsible for your accident will be difficult. Once we’ve built a case file, our team can work to prove the four elements of liability. These include:
- Duty of care: Truck drivers are responsible for keeping others on the road safe from harm. Anyone driving a motor vehicle has a legal obligation to uphold a duty of care.
- Breach of duty: A breach of duty occurs when the at-fault party fails to uphold their duty of care. In a semi-truck accident case, this could be a lack of safety procedures on the part of the trucking company or unsafe driving on the truck driver’s part.
- Causation: You must prove another party behaved negligently before your accident and demonstrate that their negligence caused the collision. For example, the truck driver may have failed to check their blind spot when changing lanes.
- Damages: Finally, you must show that you suffered injuries in the crash. We can review your medical records and expenses to show that you experienced damages from your truck accident.
Assigning liability is an important step in the legal process after a truck accident. If you can’t prove that someone else caused your accident, you can’t recover damages. The stronger the case you make, the harder it is for the other party’s insurance provider to dispute your right to fair compensation.
Our team can handle every aspect of your case from start to finish; however, the more time we have, the better. Gathering evidence and interviewing witnesses takes time. The sooner you reach out to our firm, the sooner a truck accident attorney in West Palm Beach can get to work on your case.
Who Can Be Held Liable After A Truck Accident In West Palm Beach?
We could hold the trucking company responsible based on the facts of your case. However, they aren’t the only potentially liable party in a truck accident case. Other responsible parties may include:
- Another driver: A third driver could have contributed to the accident and your injuries. All drivers are legally obligated to keep others safe; failure could open them up to liability.
- A truck manufacturer: Truck manufacturers have a similar duty of care. If their vehicles are unsafe, they can be liable for an accident. For example, if a faulty truck part caused your accident, we could seek compensation from the truck or parts manufacturer.
These and other parties may be responsible for paying for your losses– more than one person or company could have caused your accident. Our legal team will work to determine which parties owe you compensation.
Trucking Companies Must Adhere To Strict Safety Standards
Federal, state, and local laws hold commercial vehicle drivers to higher standards than other motorists. These regulations govern how long truckers can remain behind the wheel to prevent driver fatigue and promote safety on the road. They also dictate how often drivers must perform inspections and how cargo is loaded.
When truck drivers take safety rules seriously, they can avoid getting into a crash. According to the Occupational Health and Safety Administration (OSHA), trucking companies must adhere to the following procedures:
- Adequately train drivers on safety procedures
- Ensure that drivers do not operate vehicles while under the influence of drugs or alcohol
- Vet the driving records of all employees
- Maintain a safe fleet of vehicles
- Discipline drivers who fail to meet safety standards
- Meet all local, state, and federal regulatory compliances
Failing to adhere to the above measures in a truck accident case could expose a trucking company to liability and lead to catastrophic injuries and death for passenger vehicles. When proving liability in a trucking accident, we can investigate the company to see if these or any other behaviors contributed to your accident.
Examples Of Truck Driver Negligence
Trucking companies can be held liable for the negligent behavior of their employees, even though the company isn’t present in the collision. Common truck driver negligent behaviors include:
- Distracted driving
- Speeding
- Ignoring roadway signage
- Aggressive driving
- Working too long without a break (hours of service violations)
- Drunk driving or driving under the influence of drugs
How Long Do I Have To Take Legal Action After A Florida Accident?
Florida has specific deadlines for filing a personal injury lawsuit. You have two years to file per Florida Statutes § 95.11(3)(a). If you lost a loved one, you still only have two years to file a wrongful death claim to receive compensation.
While these deadlines may sound like a long time to act, several factors can delay your case. For instance, insurance negotiations can take more time than expected. Investigating your losses can also take a while in some cases.
Our West Palm Beach truck accident team can ensure your case meets all deadlines and stays on track.
How Does My Auto Insurance Claim Work If I Suffered Serious Injuries In A Truck Accident?
Florida sets a threshold for filing a fault-based claim. You may suffer catastrophic injuries that leave you with permanent impairments or scarring. Spinal cord injuries are just one example of severe injuries that we could pursue damages for. This injury can require months, if not years, of treatment and can have long-lasting effects. In this instance, you will likely qualify to file a third-party liability claim to collect compensation for your losses from the following parties:
The Truck Driver
In most car accident cases, we would file this claim against the at-fault motorist’s insurance policy. However, when a trucker causes a crash, a legal doctrine known as vicarious liability often comes into play.
This doctrine states that an employer is responsible for employees’ actions while completing their duties. So, when a trucker acts negligently behind the wheel of a tractor-trailer, their employer (usually a trucking company) is liable for the damages they cause.
The Trucking Company
While you probably do not want to think of going toe-to-toe with a large corporation for your insurance payout, this is good news for most accident victims.
These companies typically carry much larger insurance policies than an individual driver would, allowing you to recover more compensation to cover ongoing care costs and future medical needs.
The truck company will probably have a team of attorneys trying to reduce the value of your claim at every turn. This is why having an experienced commercial truck accident lawyer is vital. Our team has a track record of success in these cases and is ready to work for you.
What Happens If A Mechanical Failure Causes A Truck Accident?
If a West Palm Beach truck accident occurs from a mechanical failure, you could pursue a negligence claim against the trucking company or manufacturer. In such cases, an experienced truck accident lawyer can help victims gather evidence to prove that the mechanical failure was caused by negligence on behalf of the company or manufacturer.
Actions our team could take include:
- Inspecting the vehicle for any defects
- Obtaining documents regarding maintenance and repair records
- Interviewing witnesses who may have observed any issues with the truck before the accident
An attorney can also review applicable laws and regulations to determine whether they were violated in any way. If we find the accident is a result of a mechanical failure, you could recover compensation for your injuries and other losses you’ve suffered.
What Happens If The Truck Driver Or Trucking Company Disputes The Negligence Claim?
Suppose the truck driver or trucking company disputes the claim of negligence in a West Palm Beach truck accident. In this case, it is important to seek legal advice from an experienced truck accident lawyer.
We will review the evidence and determine whether there is sufficient proof to prove negligence on behalf of the driver or trucking company. Depending on the facts of the case, we could negotiate with the insurance companies for a settlement or file a lawsuit against them.
What If I Only Suffered Minor Injuries In My West Palm Beach Truck Accident?
Florida is a no-fault auto insurance state, meaning motorists must carry personal injury protection (PIP) insurance or pay out of their pocket to cover minor injuries from a crash. This is true no matter who causes the accident.
These laws aim to reduce the number of claims that reach the court system and help accident victims quickly receive the money they need. If you only suffered minor injuries in a crash with a trucker, we can contact your insurance provider to file a claim. However, it’s essential to seek medical attention to determine if these are truly minor injuries– don’t assume you are fine, as some injuries may not manifest right away.
The adjuster may ask to see your vehicle or ask for photos. We will also need to provide them with your medical bills and other proof of your medical expenses. If they refuse to pay out what you deserve or have other issues getting your compensation, we can help sort things out and get you the money you need.
Determining Liability in West Palm Beach Truck Accidents
Truck accidents often result in severe injuries due to the massive size and weight of commercial trucks. Determining liability in these cases can be complex because multiple parties may be responsible. In West Palm Beach, potential liable parties include the truck driver, trucking company, cargo loaders, maintenance crews, and even manufacturers of faulty truck parts. Establishing negligence requires a thorough investigation into factors such as driver fatigue, improper loading, inadequate maintenance, and violations of federal trucking regulations. An experienced truck accident lawyer can help navigate these complexities by gathering critical evidence like driver logs, maintenance records, and data from the truck’s black box to build a compelling case on your behalf.
The Impact of Federal Regulations on Your Truck Accident Claim
Truck drivers and trucking companies must adhere to strict federal regulations enforced by the Federal Motor Carrier Safety Administration (FMCSA). These regulations cover various aspects of trucking operations, including hours of service, mandatory rest periods, vehicle maintenance standards, and cargo securement procedures. Violations of these regulations can significantly impact your truck accident claim. For instance, if a truck driver exceeded the allowed driving hours without adequate rest, leading to fatigue-related impairment, this violation can be used to establish negligence. Understanding how these federal laws interplay with Florida state laws is crucial in maximizing the compensation you may be entitled to receive.
Why You Need a Specialized Truck Accident Lawyer
Hiring a lawyer who specializes in truck accidents can make a significant difference in the outcome of your case. Trucking companies often have substantial resources and legal teams dedicated to minimizing their liability. A specialized truck accident lawyer understands the intricate laws and regulations specific to the trucking industry and can effectively counter the tactics used by defense attorneys and insurance adjusters. They will handle all legal aspects of your case, from conducting a thorough investigation and gathering evidence to negotiating with insurance companies and representing you in court if necessary. Their goal is to ensure you receive full and fair compensation for medical expenses, lost wages, pain and suffering, and other damages resulting from the accident.
What Specific Steps Will The Lawyer Take To Gather Evidence And Build A Case?
Collecting the proper evidence to prove negligence and build a strong case for maximum compensation is one of the most difficult parts of any liability claim. This process is even more challenging when the liable party is a trucking company.
This is because the trucking company has the most important evidence. We are prepared for this. One of the first things we will do as your representation is issue a letter of spoliation to the trucking company and other potentially liable parties.
These letters notify them of our intent to file a claim and implore them to preserve any evidence relating to your case. If they do not collect and protect this evidence, they may face sanctions from the court.
Available Evidence In Truck Accident Cases
Because of the increased laws and regulations for truckers, there is more evidence in most truck accident cases than in a typical car accident. Truckers must log their work hours and rest, keep documents about inspections and maintenance, and undergo mandatory drug and alcohol testing after an accident.
Their trucks also have computers that record digital data about their habits behind the wheel and what happened in the moments before the crash.
Evidence like this could prove vital to your case, so we must send the spoliation letter as soon as possible to ensure they preserve the applicable files.
Accident Reconstruction Specialists And Other Expert Witnesses
We also have a team of researchers, accident reconstruction specialists, and other investigators available to us. These experts allow us to understand better exactly how your accident occurred and the trucker’s role in causing it.
The documents and testimony from these professionals may also help us secure the maximum payout possible based on the facts of your case.
Reach Out To A Truck Accident Lawyer In West Palm Beach Now
At Law Offices of Anidjar & Levine, we offer free consultations to help you understand your legal options after a Palm Beach County truck accident. We can help you determine whether you meet Florida’s threshold to file a claim. We can then identify the liable parties and build a strong case for maximum compensation.
Don’t let an insurance company take advantage of you. We are here to help you navigate the claims and litigation process. Contact us today for a free consultation with a West Palm Beach truck accident attorney.
We Can Help.
