If a trucker caused your crash, we can help you hold him and his employer liable by filing for compensation to cover your medical treatment, rehabilitation, ongoing care, and other losses. At the Law Firm of Anidjar & Levine, we know how to handle even the most complex truck accident claims. Our truck accident lawyers will fight aggressively to get you the fair compensation you deserve after a crash. Call us today to discuss your legal options with a personal injury lawyer in Cape Coral.
We Will Fight For Essential Compensation After A Cape Coral Truck Accident
Because of the severe nature of injuries sustained, truck accident cases are often worth more than a typical car accident claim. However, to put a value on your claim, we need to know specific details about your losses, injuries, and future care needs. It is impossible to give you an accurate estimate without first reviewing your case and calculating your losses. Many accident victims tend to leave money on the table when determining the value of their claims, but a lawyer can help accurately assess losses.
Most people think of only their medical bills, lost wages, and major out-of-pocket costs when figuring out their losses. However, there are many more expenses associated with a serious injury. Ongoing or future care can cost you hundreds of thousands of dollars in some cases, or leave you without the care you need. If your injuries are permanent, they may prevent you from ever returning to work.
We partner with experts who can calculate the costs related to your future care. They understand how often you will need new adaptive equipment, how much at-home nursing care may cost in the future, and how much you can expect to spend on care-related items over the course of your lifetime. Every dollar we can attribute to your financial losses helps you recover exponentially more money.
There are also emotional damages to consider– while they have no direct financial value, you still deserve compensation for your mental suffering and loss of quality of life. In the event of a fatal accident, you can pursue wrongful death damages to help you with the loss of a loved one. No amount of money will ever truly make up for your losses, but we are determined to do what we can to bring the liable parties to justice
Determining Liability For Your Injuries After a Truck Accident in Cape Coral
One of the keys to helping truck accident victims overcome their injuries lies in holding truck drivers and their employers accountable for their negligent actions. To do this, we must collect the evidence necessary to prove the driver acted in a careless manner and caused your crash.
As your lawyer, we will work tirelessly to collect all the evidence possible and build a strong case to support your Cap Coral claim. To prove negligence, we need to show the trucker:
- Had an obligation to follow traffic laws, as well as state and federal regulations;
- Failed to do so, or otherwise acted in a careless manner;
- Caused the accident and your injuries because of this failure; and
- Caused you to suffer serious physical, emotional, and financial damages.
Gathering the evidence in these complex cases is difficult without an attorney who knows how to handle a truck accident claim. We know what it takes to get the driver’s written logs and electronic log data, other data from onboard computers, the truck’s maintenance records, results from post-accident alcohol and drug testing, and the driver’s training and employment records.
Our Cape Coral Lawyers Can Collect Evidence In A Big Rig Collision Case
Taking on a trucking company often means facing a team of insurance representatives and lawyers who have no interest in paying out a substantial sum to you, no matter the severity of your injuries. With us on your side, however, you do not have to worry about this. We protect your right to fair compensation while we go head-to-head with these lawyers and insurance company employees to secure the maximum payout available in your case.
One of the first actions we take in a truck accident case is to protect any evidence held by the trucking company and the driver. We do this by drafting and sending a spoliation letter to the liable parties. In this letter, we announce our intention to file a claim and ask them to gather and preserve all possible evidence in the case. This legally obligates them to do so.
We can also collect evidence to strengthen your case from other places. From the police report filed at the scene of the crash to expert opinions on your future care needs, we will document every aspect of your case to support your claim. We also have resources we can rely on during this process, including accident reconstruction experts who can demonstrate exactly how and why the collision occurred.
Don’t Miss The Deadline For Filing Your Cape Coral Truck Accident Lawsuit
It’s easy to lose sight of lawsuits and deadlines when you’re recovering from a truck accident and trying to get your life back on track. However, it’s crucial that you act as soon as possible. Per Florida Statutes § 95.11, you only have two years to file your lawsuit after an accident. If you miss this deadline, you can miss your chance to get compensation your your injuries and losses.
The trucking company and its insurers can be intimidating to deal with, especially with a looming deadline that starts as soon as the accident occurs, but our lawyers are prepared to fight for compensation on your behalf. You deserve a settlement that will pay for the harm done to you, so do not delay in reaching out to our personal injury attorneys today.
Truck Accidents Involve Complex Legal Concepts– Let A Lawyer Help
Florida’s no-fault auto insurance law requires drivers to turn to their own personal injury protection (PIP) insurance policies to pay for minor or moderate injuries after a truck accident. However, if you suffer serious and permanent injuries, we can also help you file a case based on fault. It can be challenging to establish the severity of the injuries on your own, especially when the truck driver is not the party that owes you compensation.
The rules for holding someone responsible for your losses are somewhat different for commercial truck drivers due to a concept known as “vicarious liability.” Vicarious liability says that any employer is responsible for actions their employees take while on the job, as long as they are acting within the scope of their job description. In a practical application, this means the trucking company may be liable for any mistakes their driver makes behind the wheel and any damages they cause.
While this makes it somewhat harder to collect the evidence to prove these claims, vicarious liability actually works to your advantage. Most trucking companies are big corporations that have plenty of money to invest in large liability insurance policies. This means you can expect to recover more from these companies than might be available from a single driver.
Contact A Truck Accident Attorney For Help Getting Compensation
There is no reason to take on a trucking company and their team of lawyers on your own. The truck accident lawyers at the Law Firm of Anidjar & Levine can fight for you through the claims process, advocating for your best interests and negotiating a fair settlement for the compensation you deserve. Call us today to schedule a complimentary consultation.
We Can Help.
