Every year, there are approximately 450,000 accidents between trucks and other vehicles, with over 90% of these causing at least one fatality. These accidents are more dangerous than the regular ones since trucks are longer and bulkier than regular vehicles, making them difficult to maneuver and handle. When involved in one, it is necessary to seek the counsel of an experienced Apollo Beach Truck Accident Lawyer, who is well conversant with the statutes that apply to this area. They will represent you diligently and ensure that you receive the rightful compensation for your injuries and damages to your vehicle. Call out personal injury lawyers in Apollo Beach at (888) 373-7770 to learn how we can help your claim.
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What Should You Do After a Truck Accident?
The steps that follow after being involved in a truck accident go a long way to determine how the case goes. This is why you need to know what to do to avoid missing out on crucial things that could help your case along the way.
First, contact the police. They will record a statement explaining the accident. The police statement will be used to determine fault and back your quest for a claim.
Safety is vital after the accident, so try to help out those who have been injured if need be. Do this if you come out of the accident unscathed as your health is also essential. If there are seriously injured people there, ensure that they are attended to by medical personnel.
Be sure to exchange contact information with people around the accident scene. If there are any witnesses, get their contacts. As you do this, document the scene of the accident. We live in a digital era, and you can easily take multiple pictures of the scene and even record a video of it. Get statements from witnesses, as they could be in a better position to explain what happened at the scene.
Do not walk away from an accident and go home as you could have sustained internal injuries. Ensure that you seek medical attention.
Call a truck accident lawyer in Apollo Beach, FL, and let them start handling the case.
What are the Laws Regarding Truck Accident Liability?
Most of the large trucks are commercially owned. Here, the driver is not always responsible for the accident. In some cases, the driver’s company is held liable. This is due to the personal injury theory that states that the employer is responsible for any wrongful acts committed by employees. However, these actions should have been committed unintentionally or within the scope of employment. If the driver was not within the scope of employment, say driving out of working hours, they will be held liable for the accident.
It is essential to know if the driver was an employee or a contractor. That goes down to the language of the contract between the driver and the company and how much control the latter had. The matter of the scope of employment is crucial and in Florida, courts have established a couple of factors to help them determine this. They include the intent of employee, nature, and time of employee action, kind of work employee was hired to do, the amount of freedom afforded to employees, and the time consumed during that activity.
How is Fault in a Florida Truck Accident Determined?
Fault is determined by a judge using information collected from the involved parties, their legal representatives, the insurance claim adjustors, and police officers who attended to the accident. This is not always straightforward since the truck could be leased to the holding company, and another company could have been contracted to handle the freight. There could be many entities involved, and, in some cases, they will start shifting blame to each other. The driver will most obviously fight for their livelihood since they might not have the finances to see them through this case. However, the fault will be determined based on the situation surrounding the accident and whether the truck driver acted negligently or not.
Can a Lawyer Prove the Truck Driver was Negligent?
A diligent Apollo Beach Truck Accident Lawyer can successfully prove that a truck driver was negligent. This can be done using the facts laid on the table, such as recordings of the accident scene, police statement, and witness statement. This shows why it is essential to follow the previously mentioned steps when you are involved in a truck accident. With the right set of facts and evidence, proving negligence in an accident is not very hard.
What Types of Compensation Can I Receive?
Once a lawyer established negligence in your claim, you are entitled to different types of compensation.
Economic damages are easy to calculate because they can be assigned an actual value. They include current medical bills, physical therapy, at-home nursing care, modifications to your house due to the accident, property damage, and lost wages.
Non-economic damages are harder to calculate since they involve intangible items that cannot be assigned a monetary value. They include future medical bills, potential lost income, pain, and suffering.
Punitive damages are an addition to the economic and non-economic compensations you get from the claim. The court awards these damages to make an exemplary case of a driver or trucking company. They mostly come into play if the victim of the accident did not survive the injuries caused by the truck driver’s negligence.
How Much is My Truck Accident Claim Worth?
Ideally, your claim is worth the amount of money required to reinstate you to the previous condition you were in before the accident. It is a sum of the medical expenses required to restore your health, disability claims, damages to your car, recurring medical fees, and punitive fees associated with deaths. Your lawyer will help you determine a favorable amount going into the case.
Schedule a Free Consultation With An Apollo Beach Truck Accident Lawyer
Some of the crucial facts surrounding a truck accident have been reviewed, If you are involved in one, do not give up yet as the deadline is quite extensive and you can file your claim even after five years. However, it is advisable to contact an Apollo Beach Truck Accident Lawyer and have them handle the matter as you recuperate. It is much harder to prove a claim many years down, and the sooner you get it out of the way, the better for you. To make sure your claim is filed properly and on time call out Apollo Beach injury firm at (888) 373-7770.