Accidents on the road involving large trucks or other commercial vehicles can result in catastrophic injuries. The occupants in the passenger cars are lucky if they can walk away and their cars are not totaled.
Despite the potential for these severe consequences, accidents between commercial trucks and passenger cars are not always the trucker’s fault. With the help of a passionate attorney, the people injured in these cases need to be able to prove it was the trucker’s negligence that led to their injuries. A Marion County truck accident lawyer can lead the way in proving the truck drivers and their companies were legally liable for an individual’s injuries.
The legal basis for almost every truck accident case is negligence. This is a strictly defined cause of action with elements that a plaintiff must be able to prove in court. These elements are:
Proving the first element is simple. All drivers, whether operating their own cars, a motorcycle, or a commercial truck, assume a duty to protect every person they may encounter while behind the wheel. Therefore, duty is always present in a truck accident case.
Determining whether the truck driver’s actions breached the duty of care is the core question of most truck accident cases. The simplest cases will include a police report that either places the blame for the collision on the trucker or states that the trucker received a ticket after the accident.
When this is true, the truck driver’s breach of duty is clear. In other cases, a more thorough examination of the collision is necessary to determine who caused the accident.
It is also possible that the trucking company was to blame. This occurs when the trailer is improperly loaded, either by being overweight or off balance. Laws clearly state maximum weights for trailers on Florida’s roads and a violation of these laws is evidence of negligence. Speak with a Marion County truck accident lawyer to learn more about driver negligence.
It is also simple to connect the injuries to the accident. In a proper claim, a plaintiff is able to introduce medical records and bills that account for all of the injuries caused by the accident. This can include treatment records for both physical and mental injuries.
While a person can claim both types of injuries, the foundation of any personal injury claim must be a physical harm. Claims based on mental anguish alone will fail.
The timing of the case is also vital. Under Florida Statute §95.11, any claim based upon the defendant’s negligence, truck accidents included, must be filed in court no more than four years after the incident. This is the statute of limitations.
While many cases may never need to go to court and could end with a settlement, defendant insurance companies are aware of this rule and may not settle cases when the statute of limitations has passed.
Consult with a Marion County truck accident lawyer before filing a truck wreck claim.
“Gordon is professional, patient, kind, and knowledgeable. From the first encounter I had with him, he was very kind and attentive. He was responsive throughout the entire process and consistently advocated for me. I would recommend him to anyone in need of legal counsel, as I had a very pleasant experience with him.”
The aftermath of a truck accident places many stressors on people already dealing with severe injuries. On top of making a recovery, they may be missing time at work and dealing with aggressive insurance companies.
A Marion County truck accident lawyer at Glover Law Firm is here to take those stressors off victims’ shoulders and to push for the compensation they deserve. A lawyer can take the lead in investigating the accident, filing the necessary paperwork, and engaging in settlement negotiations for the full value of your claim. Time is limited to file a case so do not delay; contact a truck accident attorney today.