Truck accidents cause thousands of injuries and fatalities in the State of Florida each year. It can seem impossible to go on with life as usual after a truck accident, especially if you are dealing with the financial and emotional aspects of a disabling injury or the death of a loved one.
To ease the financial losses felt, victims and their family members can recover compensation for medical bills, lost wages, pain and suffering, funeral costs, and mental anguish. Do not try to handle this alone. Call a truck accident lawyer in Pembroke Pines at Coffey Trial Law to get help filing an injury claim: 954-541-3194.
What should I do after a truck accident?
After you have left the scene of a truck accident, you need to make sure you meet the following needs:
Truck accidents often cause devastating injuries. If you did not receive medical care at the scene, go to the emergency room or your doctor as soon as possible.
Delay in getting medical care can make the recovery from your injuries more difficult, and it can make your claim more complicated. Follow the medical instructions your doctors give you, and keep all the documentation of your medical care.
Arrange for repairs of your vehicle, but do not take your car in until an expert has examined it.
The insurance company may send an adjuster or tell you where to take the vehicle for an assessment of the damages. If you do not follow the insurance company’s rules for appraisals and repairs, you might end up having to pay out of pocket to repair or replace your vehicle.
Check with a truck accident lawyer before taking any major action in this regard, as you might need to preserve the evidence of the vehicle.
Truck accidents lead to serious injuries and high medical bills. You might be able to recover compensation for accident-related costs, but filing a claim against a trucking company can be difficult, especially if you are recovering from an injury.
We handle your legal needs so you can be free to focus on recuperating. We gather your medical records and analyze them. We will get the accident report from law enforcement, and evaluate it for accuracy. We will also talk to eyewitnesses, obtain surveillance camera footage where appropriate, and work with accident reconstruction or other experts on your behalf.
Who is liable for my accident?
You might be thinking this is obvious. The truck driver caused your accident, so of course he is liable. Not necessarily.
Because of the vicarious liability doctrine, even if a truck driver is responsible for your accident, his employer will likely be the liable party. This is because, under vicarious liability, employers are liable for their employees’ actions so long as the employee took the action within the scope of employment.
In other words, if the driver was texting while delivering a package and hit you after swerving into your lane, his employer will probably be the liable party.
Why are truck accidents so complicated?
In addition to the liability issue, recovering evidence can be very complicated in a trucking accident case.
This is because much of the important evidence you need is in the hands of the trucking company. For example, to prove the truck driver was behaving negligently at the time of the crash, you will likely need some or most of the following:
- Driver’s hour of service logs
- Driver’s personnel file
- Drug or alcohol test results
- Maintenance/inspection records
- Data from the truck’s event data recorders
- The truck itself
While getting the trucking company to part with this evidence is difficult enough, there is another problem. Federal regulations allow trucking companies to destroy records after a certain period of time.
This means that the trucking company could — legally — destroy all the evidence in your case. But you can save it.
Once our team has determined the evidence necessary for your case, we will send a letter of spoliation. This letter lets the company know that there is a pending case against it, and that it must preserve all evidence listed in the letter.
How much is my Pembroke Pines truck accident claim worth?
Every truck accident is different, but there are certain types of damages you can collect, depending on the facts of your case. They include:
- Medical expenses, current and future
- Lost wages, current and future
- Property damage
- Pain and suffering
- Mental anguish
- Post-traumatic stress disorder
- Loss of consortium
How can I put a value on my damages?
The first step in evaluating your damages calculating the tangible financial losses, and then putting a value on your noneconomic damages, such as pain and suffering and mental anguish.
Placing a value on noneconomic damages is difficult, but we regularly work with financial experts to establish the value of noneconomic damages.
Dealing with the Insurance Company
An insurance company is a business and will be looking after its bottom line, not ensuring you get the compensation you deserve.
You do not want to fend for yourself with the insurance company if you have been in a truck accident. You need a truck accident lawyer on your side with extensive experience handling truck accident cases.
We will pursue your claim, negotiating with the insurance company and its lawyers to protect your legal rights.
If the insurer will not offer you what you deserve, we will take it to court.
Call Coffey Trial Law for Help Today
The truck accidents lawyers at Coffey Trial Law have years of experience handling truck accident cases. We have the qualities you need to get the settlement you deserve.
We handle truck accident cases on a contingency fee basis. This means you do not pay us any legal fees unless there is a recovery; when you recover, our fees will come out of that recovery. Even the consultation is free, with no obligation.
Call us today at 954-541-3194 to schedule your free consultation to discuss your legal rights.