Steel truck accidents can potentially lead to long-lasting and expensive medical bills and/or property damage. If a victim’s injuries are so severe, they may be unable to work while they recover from their injury. In some cases, injuries may prevent a victim from ever having the ability to work again. When taking legal action against the responsible party, victims can investigate the accident with an attorney to build a case that potentially earns them a settlement for their damages, such as their losses or out-of-pocket expenses.
An investigation into a Miami steel truck accident may determine that the driver or trucking company violated Federal Motor Carrier Safety Administration (FMCSA) regulations. These regulations govern a driver’s hours of service, truck maintenance, drug and alcohol testing, and vehicle markings. If a party involved in your steel truck accident violated FMCSA regulations, it may strengthen your case by proving fault and negligence against either the driver or trucking company.
If you have been injured following a steel truck accident in Miami, the responsible party should be obligated to compensate you for your damages. At the Law Offices of Anidjar & Levine, a Miami steel truck lawyer may be able to pursue this compensation on your behalf while protecting your legal rights throughout the life of your claim.
Call us today to request a free consultation after your steel truck accident.
Acts of Negligence That May Have Caused Your Steel Truck Accident in Miami
Because of the sheer size of steel trucks compared to passenger vehicles, they can become a tremendous risk to the safety of all parties involved in a motor vehicle accident. But when preventable factors cause these accidents, victims can pursue justice and compensation against an at-fault party who acted negligently or carelessly.
There are many forms of negligence that could have led to your steel truck accident in Miami. For instance, distracted driving is one of the most common forms of negligence taking place along our roadways. Distracted driving includes the act of texting while driving, which the National Highway Traffic Safety Administration (NHTSA) labels as “the most alarming distraction.”
The State of Florida has also taken legal action in recent years against distracted driving. In July 2019, the Wireless Communications While Driving Law went into effect, according to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV). The law requires Florida drivers to put their phones down while operating a vehicle.
Other forms of negligence that may warrant you or a loved one to take legal action for your steel truck accident may include, but are not limited to:
- Driving while under the influence of drugs or alcohol
- Speeding
- Improper turns
- Failure to yield
- Failure to obey traffic signs
- Tailgating
- Failure to use brakes properly
- Inability to control a vehicle properly
Proving Fault and Liability Following Your Steel Truck Accident
After your steel truck accident in Miami, a police report may have been filed. Within a police report is typically a section that lists the at-fault party responsible for the accident. The at-fault party from a steel truck accident could range from the driver to a truck inspector who failed to properly inspect the vehicle before allowing it to leave a facility.
Following a thorough investigation into your accident, a Miami steel truck lawyer may be able to help you prove fault beyond a police report. For instance, evidence that may prove useful during your claim may include, but is not limited to:
- Photographs of property damage
- Photographs of the accident scene (such as skid marks or debris)
- Photographs of your injuries
- Surveillance video
- Eyewitness statements
Once fault is established, your lawyer may begin to hold the at-fault party responsible for your damages. This is known as liability, and it can be proven with evidence that shows the defendant (the party being sued) acted negligently or carelessly.
To learn more about building a legal case for your recent steel truck accident in Miami, call the Law Offices of Anidjar & Levine.
Earning Compensation from a Steel Truck Accident
Following a free consultation, your Miami steel truck attorney will wade you through your options to potentially earn fair compensation for your damages. The two main paths to do so include an insurance claim and a personal injury lawsuit.
Insurance claims happen outside of a courtroom, allowing your legal team and the opposing party to negotiate a settlement. To fairly negotiate a settlement, your steel truck lawyer must determine the total value of your damages. Your damages from a steel truck accident may include monetary losses, such as medical bills, and/or non-economic losses, such as your pain and suffering.
Upon combining the values of all of your damages from the steel truck accident, your attorney can aim to negotiate a settlement around this total figure. Such damages you include in your claim may include, but are not limited to:
- Current or future medical procedures
- Doctor’s visits
- Transportation to the ER or to medical appointments
- Rehabilitation and physical therapy
- Auto repair bills
- Lost wages
- Diminished earning capacity
- Lost future wages
- Emotional distress
- Loss of enjoyment
Filing a Personal Injury Lawsuit in Florida
If out-of-court negotiations do not result in a fair settlement, your steel truck lawyer may pursue a personal injury lawsuit. A personal injury lawsuit must be filed within Florida’s statute of limitations.
According to Florida Statutes § 95.11, claimants typically have up to four years after the date of their underlying accident to file a lawsuit in court. If you fail to file the lawsuit within this four-year window, you may lose your legal rights to earn compensation from a judgment in Florida’s courts.
Request a Free Consultation Following a Steel Truck Accident with the Law Offices of Anidjar & Levine
The sooner you act, the sooner a Miami steel truck lawyer from the Law Offices of Anidjar & Levine may begin the fight to recover compensation on your behalf. Once you have completed a free consultation, our law firm may be able to handle the entirety of your legal battle in Miami, FL.
Call us today to learn more about your paths to potentially earning fair compensation with a steel truck lawyer.
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