Moving can be hectic, and that’s why people prefer to hire a moving van to curb the stress and get the work done fast. But the need to move quickly may cause accidents that lead to short or long-term injuries. These can include head injuries, broken limbs, and spinal injuries.
If you’re the victim of such an accident, you might be eligible to file a compensation claim against the at-fault party. A Hialeah moving van accident lawyer from the Law Offices of Anidjar & Levine can help you understand your rights so you can pursue a claim.
Causes of Moving Van Accidents
Many reasons are often listed after moving van accidents occur, and sometimes, accidents happen due to a combination of these factors.
Some of the common causes of moving van accidents include:
- Speeding if the driver was driving too fast to beat a deadline placed by the moving van company
- Driving under the influence of drugs or alcohol
- An inexperienced driver may have made mistakes, such as miscalculating the stopping distance and rear-ended another vehicle
- Incorrect position of the van’s mirrors
- Improper loading and securing of the goods, leading to weight shift during turns or stops
- Bad roads or weather leading to poor visibility
- Drivers falling asleep at the wheel after the company puts too much pressure on them with no time for rest, causing fatigue.
- Using a cell phone while driving
- Poorly maintained vehicles
Types of Moving Van Accidents
Below are some of the accidents moving vans are prone to cause due to their size, weight, limited driver’s experience, and poor maintenance of the vehicle:
- Rollover accidents
- Side impact crashes
- Falling off cargo
- Head-on collisions
- Rear-end collisions
- Jackknife
- Underride accidents
The Federal Motor Carrier Safety Administration (FMCSA) concluded that accidents involving trucks and buses rose by 8% in 2016, increasing the number of fatalities by a similar percentage. Accidents involving large trucks and buses were responsible for 13% of accident fatalities in the U.S. in 2017.
Your Options After a Moving Van Accident
You can hire the services of a lawyer if you were injured during a moving van accident to learn more about your options. Your Hialeah truck accident lawyer might advise you to first try to resolve the matter out-of-court and see if you can get a fair settlement through negotiations. If the at-fault party’s insurance company does not offer you just compensation for your injuries and suffering, your lawyer can then take your case to court.
The moving van company does not always cover accidents; they offer temporary auto insurance to their driver to protect the items during moving. Insurance policies vary from company to company, depending on what they are willing to cover—some companies offer bodily injury and third-party liability coverage.
These policies are only put into consideration when the driver:
- Purchased the insurance within a given time frame, e.g., during the timeframe of moving the items and returning the vehicle
- Has a policy that covers automobile accidents
- Was involved in an accident using the company’s vehicle at the time of the accident
Suppose an investigation into the accident reveals that the moving van company did not maintain its vehicle correctly. In that case, your lawyer can file a lawsuit against the company and its driver. After that, the company must pay for the relevant compensations, including bodily injury, trauma, and property loss.
Your legal team will enquire about the insurance details when filing a claim on your behalf.
Types of Compensation Available
You can receive several types of compensation for the injuries you suffered after being involved in a moving van accident. Some of the damage is related to the physical injuries you sustained in the accident, while others relate to the mental trauma you might experience.
The compensation you can receive includes:
- Treatment Costs: Treatment could consist of physical therapy costs, prescription medicines, and health care equipment, such as crutches.
- Medical Bills: This includes doctors’ visits, x-rays, medical tests, ambulance rides to the hospital.
- Pain and Suffering: This is usually awarded for mental trauma, ongoing pain, reduced quality of life, anxiety, etc.
- Lost Income: Lost wages include compensation for work you can no longer do due to your injuries or while recovering.
- Wrongful Death: If unfortunately, you lost a loved one in a moving van accident that was not their fault, you must file a wrongful death under Florida statute 768.21.
- Property Damage: This covers the items destroyed during the accident, and the owners of the other vehicles can claim repair or replacement costs.
What You Should Do After a Moving Van Accident
After an accident, it’s not always easy to make decisions, especially if you sustain severe injuries. The following are a few steps you can take after a moving van accident to protect your rights and claim:
- Call 911
- Request for medical assistance
- Seek emergency medical treatment
- Get the medical reports
- Find out about the insurance information of the involved parties
- Contact a lawyer
Contact The Law Offices of Anidjar & Levine for Legal Help
You or someone you know may have recently been involved in a moving van accident in Hialeah. If you’re in this circumstance, The Law Offices of Anidjar & Levine can help you with all aspects of your case. Our legal team can keep you informed about the status of your case, respond to any questions you may have, and respond to your emails and phone calls as soon as possible.
Put your legal issues in our skilled hands while you focus on recovery. Call us today to schedule a free consultation and enlist our legal guidance.