If you are a victim of a construction truck accident in Hialeah, our legal team can help. Construction truck accident cases can be challenging, especially when they involve multiple liable parties. Our Hialeah construction truck accident lawyers can handle your case from beginning to end.
We can review your case, gather evidence to establish negligence, and help negotiate a fair settlement. Our Hialeah truck accident lawyers can determine if the accident involves multiple parties and navigate the claiming process or lawsuit against every liable party.
Damages in a Construction Truck Accident
A construction truck accident can cause several damages. To help you deal with some of the injuries, your lawyer will use concrete evidence to prove the losses you endured and value the claim.
You can seek both economic and non-economic damage, including:
- Current and Future Medical Costs: Construction trucks are heavy and can cause severe injuries, such as traumatic brain injuries (TBIs), internal bleeding, spinal cord injuries, fractures, broken bones, and internal organ damage. These injuries may require prolonged hospitalization, surgeries, and after-care services, which are very costly.
- Permanent Disfigurement or Disability: In case of paralysis, loss of limbs, or any other form of disability, you have a right to claim for a life-altering injury.
- Current and Future Lost Income: This damage is to reimburse you for the days you’ve missed work due to the effects of the accident. If you cannot resume work due to a permanent injury, you can also claim loss of future income.
- Property Damage: This damage is to replace or repair any property, such as your vehicle, jewelry, prescription glasses, or clothing, that was lost or damaged due to the accident.
- Pain and Suffering: You have a right to claim damages for the physical and emotional pain you endure because of the injuries.
- Loss of Consortium: This damage covers the loss of enjoyment of life. For example, you can claim loss of consortium if you can no longer offer compassion and care for your spouse or children because of the injuries.
- Funeral and Burial Costs: If the accident was fatal, the victim’s family members can file a wrongful death case and claim funeral and burial costs.
Regardless of how small or big your injuries are, your lawyer will determine the amount you deserve as compensation and file a claim against all liable parties. If you cannot settle, they will file a lawsuit and defend your claim in court.
Causes of Construction Truck Accidents
Several factors can cause construction truck accidents, such as:
- Distraction
- Speeding or aggressive driving
- Driving under the influence (DUI)
- Fatigue driving
- Driver inexperience
- Driving without a proper license
- Malfunctioning parts and equipment
- Poor maintenance
- Overloading
- Not adhering to safety laws
Since construction trucks are large and heavy, they must be handled carefully. Any form of negligence from the driver or construction company can cause a catastrophic accident.
Proving Negligence and Liability in a Construction Truck Accident
The Federal Motor Carrier Safety Administration (FMCSA) enforces rules and regulations that all commercial vehicles, including construction trucks, must adhere to. According to the FMCSA, for drivers to operate a commercial or construction truck, they must receive adequate training, have a commercial driver’s license (CDL), inspect the car for faults before driving, and maintain the recommended truck weight.
These rules set the base of negligence in a construction truck accident. These accidents can include driver negligence, construction company negligence, truck owner negligence, and product liability. If the truck driver is at fault due to their negligent actions, such as speeding or fatigue, the construction company can be held liable for the accident. In some cases, your lawyer may also sue the driver.
Additionally, the construction company or truck owner can be negligent for failing to maintain the trucks properly, employing a driver without a proper license, or overloading a vehicle. If the accident resulted from a truck malfunction, the truck manufacturer could be liable for the damages.
Time Limitation for Filing a Lawsuit in Florida
Every state has different laws that govern how and when a victim should make a lawsuit. In Hialeah, Florida, you only have four years from the accident date to file a lawsuit against the liable party.
However, in case of a fatality, you only have two years from the date of the victim’s death to bring a wrongful death case against the at-fault party. Note that failing to file a lawsuit before the deadline will cause the court to dismiss the suit. You may not have any other option to recover the damages if this happens.
Let the Law Offices of Anidjar & Levine Handle Your Claim
Our construction truck accident lawyers in Hialeah can explore your legal options. We can handle the claims process to fight for the compensation you deserve. This will allow you to focus on your physical recovery.
For a free consultation and case review, reach out to the Law Offices of Anidjar & Levine. Call us today and let our legal team handle your claim.
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