Our Doral personal injury lawyers can investigate your accident, gather evidence of another party’s negligence, and fight for fair compensation.
How Can You Recover Compensation For Your Truck Accident Injuries?
Because Florida is a no-fault state, you first file with your own insurer. Your personal injury protection (PIP) coverage gives you up to $10,000 in benefits to pay for your medical expenses and lost wages. It is important to note that PIP only covers 80 percent of medical bills and 60 percent of lost wages.
If you do not seek medical attention within 14 days, you will be unable to recover compensation.
To recover PIP benefits, you will need to file a timely claim with your insurance company and provide it with all the necessary documentation to prove that you were in an accident and suffered damages. Our attorneys will:
- File your claim within the required time frame so you are not barred from recovering compensation.
- Provide your insurer will all necessary documentation including police reports, medical reports, and employment records to bolster your claim.
- Advise you regarding requests from the insurance company to ensure you do not jeopardize your right to compensation.
PIP Benefits May Not Be Enough To Cover Your Truck Accident Damages
PIP benefits are likely not enough after a truck accident. In fact, a large number of accident victims do not end up getting anywhere near the maximum amount of $10,000. Victims may receive $2,500 or less, unless their injuries qualify as emergency medical conditions (EMCs). Under Florida Statute § 627.736, an EMC is any condition that:
- Seriously jeopardizes a patient’s health
- Seriously impairs bodily function
- Causes dysfunction of a body part or organ
This criterion is somewhat vague and open to interpretation, making it easy for a doctor to determine that you do not have an EMC and are, therefore, only entitled to $2,500 in PIP benefits.
While this practice might be shocking to you, we know from experience that even your own insurer will not have your best interests at heart. We will stand for you and ensure you get the compensation you deserve.
What Are Other Options For Financial Recovery After A Doral Truck Accident?
For truck accident victims with severe injuries, there is another way to recover damages. Under Florida law, you may file a lawsuit against the parties responsible for your accident if you or your loved one suffered a:
- Permanent or significant loss of bodily function
- Permanent or significant scarring
- Permanent or significant disfigurement
- Permanent injury within a reasonable degree of medical probability
- Death
These injuries are all too common in truck accidents. We will work with your doctors to prove you suffered one of these injuries.
Wrongful Death Damages
If you lost a loved one in a truck accident, our wrongful death lawyers can seek justice and compensation, including:
- Your loved one’s accident-related medical expenses
- Funeral and burial expenses
- Your loved one’s income
- Their pain and suffering
While you grieve and honor the memory of your loved one, our legal team can handle the legal work. Your family deserves fair compensation that can help them cope in your loved one’s absence.
Filing An Injury Claim
Once we have established the severity of your injuries, we will file a claim. In most cases, your liable party will be the trucking company. Because of the theory of vicarious liability, the company is liable for the actions of its employees. Therefore, if the truck driver behaved negligently, the company must cover your injuries.
To prove negligence, we will need to establish that the driver breached a duty owed to you (e.g., to drive safely) and that this breach caused you injury. Some examples of truck driver negligence include:
- Falling asleep behind the wheel
- Driving under the influence of alcohol or drugs
- Speeding/driving too fast for conditions
- Failing to apply the brakes
- Inattentive driving
We can also hold the trucking company directly liable for:
- Failing to conduct regular vehicle inspections.
- Allowing or forcing employees to drive too many hours in a row.
- Failing to conduct background checks before hiring a driver.
- Failing to train employees properly.
- Keeping drivers on the road after a traffic violation or positive drug/alcohol test.
What Do You Need To Do To Prove Your Truck Accident Claim?
The trucking company and its insurer will do whatever they can to avoid paying out for your injuries. This might involve tricking you into admitting fault or agreeing that your injuries are not serious. In addition to handling communication with the insurer, we will also gather any necessary evidence to build and maintain an airtight case. This evidence might include:
- Photos, police reports, and witness testimony explaining what happened and what laws were violated
- Employment records showing that the driver was working for the trucking company at the time of the accident
- Inspection logs proving that the company failed to inspect the vehicle involved
- Driving logs showing how many consecutive hours the driver spent on the road before the crash
- Medical records and expert testimony establishing your injuries and what caused them
Much of this evidence is in the hands of the trucking company. We will send a spoliation letter immediately to preserve any evidence we might need.
Call Us For Free Doral Truck Accident Case Consultation Today
You can count on the Law Firm of Anidjar & Levine to build a strong case on your behalf and give you the best chance to recover damages for your injuries. Talk to one of our truck accident attorneys in Doral to discuss your legal options.
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We Can Help.
