A collision with a large truck almost guarantees serious or fatal injuries to a driver and occupants in a passenger vehicle. By virtue of their size and weight, big rigs, tractor trailers, or other commercial trucks can demolish passenger vehicles—especially smaller cars. If you suffered injuries in a truck collision, you need a reputable law firm that can help you get compensation for your medical bills and for any other losses incurred after the accident.
The Law Firm of Anidjar & Levine understands the unique legal issues involved in pursuing compensation for truck crash injuries and damages in Florida. Contact us today for a free legal consultation with a personal injury lawyer in Kendall.
How Does Filing an Insurance Claim for a Truck Accident Differ From Filing a Claim for a Car Accident?
Truck crashes differ from car accidents because a legal theory of vicarious liability applies to truck accident cases. Vicarious liability makes vehicle owners liable for injuries their drivers cause. In this instance, a truck driver who works for a larger company may have caused an accident, but the employer that owns the truck may also be liable for injuries.
In accidents involving two passenger cars, it is usually easier to identify an at-fault or negligent driver. In these cases, the at-fault driver’s insurance company handles the injury claim. However, truck wrecks become complex when a larger corporation employs the driver who caused your crash. Our lawyers can investigate to determine which party was liable for your crash—the driver, their employer, or both. Then, we can file a claim for your compensation with the trucking company’s insurer.
If the truck driver is an independent contractor, expect disputes over liability to arise between the driver and the company who hired the driver. More than likely, the truck driver’s insurance company would handle the claim.
State law imposes a high financial responsibility on truck drivers and trucking companies. Trucks must carry higher coverage limits than passenger cars, which means we can request higher damages after a truck crash. If your crash caused fatalities or catastrophic injuries—such as spinal injuries or brain injuries—we will request a larger settlement to help you recover.
Because truck accident cases require thorough investigations and knowing which Florida laws apply to a claim, having us on your side can help your case. You can continue your recovery while we handle the complicated legal issues in your claim.
What Evidence Do I Need to Include in My Insurance Claim?
Obtaining information from the trucking company is vital to building a solid case for your personal injury claim. For this reason, we ask that you contact us as soon as possible so that we can collect documentation from the trucking company.
After meeting with you, we will send a spoliation letter as soon as possible to the trucking company to stop them from destroying documents related to the truck accident. The Federal Motor Carrier Safety Administration requires trucking companies to keep records of repairs and inspections of trucks, the driver’s log, and other supporting documents for only six months. We must act quickly to access this evidence before the trucking company destroys it.
In the spoliation letter, we ask for records relating to the truck involved in the accident. We also mention in the letter that you plan to file an injury claim. Trucking company records provide vital information we may include in your claim. Using these records, we may be able to tell if:
- The company has a history of failing to perform routine maintenance on their trucks;
- The driver was speeding;
- The driver had inadequate training or experience; or
- The driver spent extra hours on the road to meet a delivery schedule and may have suffered fatigue as a result.
Besides information from the trucking company, we will gather other supporting evidence like:
- Police reports of the wreck;
- Your medical records;
- Bills showing your medical expenses;
- Photographs from the accident scene;
- Testimony from people who witnessed the accident;
- Surveillance camera videos; and
- GPS records.
We also work with a team of experts who assist with our investigation. We have doctors who provide expert testimony regarding your physical injuries, crash reconstruction experts, and private investigators.
Am I Eligible for Damages?
Damages refer to the economic and non-economic expenses and losses you suffered as a result of the collision. Typically, truck accident insurance claims involve more damages than those for passenger vehicle insurance claims due to the serious injuries the victims suffer. Truck crash victims suffer from a wide range of injuries that include whiplash, broken bones, spinal cord injuries, closed head injuries, and joint injuries.
As a result, victims may recover compensation for:
- Current and future medical expenses;
- In-patient rehabilitation;
- Physical therapy;
- Occupational therapy;
- Medical home modifications, such as the cost to widen doors for wheelchairs or install lifts;
- Assistive devices like wheelchairs, walkers, or canes;
- Lost income, both current and future;
- Vehicle repair costs;
- Pain and suffering; and
- Mental anguish.
If a loved one died due to the wreck, we can help you seek funeral expenses and other wrongful death benefits in your injury claim.
What Happens After I File My Claim?
We will act as your legal representative as we negotiate your claim with the insurance company that represents the defendants in your case. We protect your legal rights throughout the negotiations and inform you of the status of our communication with the defendants. If negotiations fail because the defendants did not agree with the settlement terms, you may consider filing a lawsuit. We can argue your case in court until we win the compensation you need to recover.
Let the Law Firm of Anidjar & Levine Help You After a Truck Crash.
Truck accidents can cause catastrophic injuries to you or your loved one. If you want justice for the traumatic event that has forever changed your life, call the Law Firm of Anidjar & Levine. Your initial no-obligation consultation with our lawyers in Kendall is free.
We Can Help.
