Guide to Florida Truck Accident Claims

Proving a truck driver or company is responsible for your injuries, pain, and suffering, as well as emotional distress, is a challenge. Even if there is clear evidence to indicate the driver was at fault, there are many complex steps to these claims, and with the pressure of high-powered attorneys, it may seem impossible for you to get a fair settlement.

The Sarasota truck accident attorney at Shapiro | Delgado | Hofmann, who brings more than 100 years of experience to the fight, shares this guide on Florida truck accident claims and what your rights and responsibilities are.

Determine Liability in a Truck Accident Case

One of the first steps in this process is providing liability. While the truck driver may hold that liability according to the police report, there could be other parties responsible as well. Some examples include:

• The truck driver alone: In situations where the driver was speeding or intoxicated, it could be just that driver’s fault this accident occurred.
• The trucking company: The trucking company could be held responsible if you can show they exposed you to risk, such as through an unlicensed or inexperienced driver, or if they did not require the driver to take state- and federal breaks and time off.
• The company loading the truck: If the truck’s cargo shifted, it may be the truck loading company that is responsible for the losses you incurred.

There are numerous other parties that could hold some level of responsibility in this case. It is up to your attorney to gather the necessary information to support any claims made.

Gathering Evidence in the Case

With the help of a truck accident attorney in Florida, you will need to gather all evidence to prove your right to compensation. To do this, you must consider factors such as what evidence may be present that is not used on the police report. Some ways your attorney can help in this case include:

• Gathering medical records from the truck driver to determine if intoxication was present
• Utilizing software and accident recreation professionals to re-build the accident to demonstrate what occurred
• Mechanical repair and maintenance logs of the vehicle
• Documentation of the time truck drivers were off duty to meet compliance requirements
• Witness statements from third parties, including expert witnesses

All of this information helps to formulate your case. Your truck accident attorney in Florida will then work very closely with you to determine what your rights are and how to move your claims process forward.

Determine All of Your Losses

The next step in a Florida truck accident claim is to calculate what your damages are. Under the law, the at-fault party must work to make you whole again, but doing that is not always as straightforward as it seems. Our attorney will help you estimate all of the losses you have suffered as a result of the accident and then build up the evidence necessary to pursue full and fair compensation. Your claim after a truck accident in Florida should include:

Medical Losses

This includes any type of losses you suffered as a result of medical care received from the accident. This may include emergency care but also losses related to ongoing medical needs, medications, and long-term recovery needs.

Common injuries in a truck accident include:

• Traumatic brain injuries
• Spinal cord damage
• Disfigurement, including amputation and scarring
• Lacerations and wounds
• Broken or complex fractured bones
• Burns
• Organ damage

Lost Time at Work

If you were unable to go to work for any length of time due to the case in any way, you should receive compensation for any lost wages or benefits. This is important in situations where you may have missed substantial time due to serious injuries and recoveries.

Property Damage

The cost to repair or replace your vehicle is also a component of your claim. Many times, it is critical to consider if your car can be restored to the proper level to ensure ongoing safety or if the insurance company should replace it.

Pain and Suffering Claims

You may have additional compensation to pursue, including losses related to pain and suffering. This may include:

• Mental trauma and distress
• Permanent disability-related losses
• Loss of consortium
• Loss of quality of life

Filing a claim must be considered carefully here, documenting all ways this truck accident has imposed losses on your life. Many times, people suffer far more than medical bills, and our truck accident attorney will ensure you know what any of those losses may be.

Wrongful Death Claims in a Truck Accident

As highly experienced attorneys, our truck accident lawyers have helped many families find a way forward financially if they lose their loved one due to the negligence of another person or company. If your family member died, you or the estate may be owed compensation that may include:

• Final medical bill coverage
• Losses related to burial and funerals
• Costs related to pain and suffering
• Loss of companionship

These are very challenging legal situations. It is critical for anyone who has suffered losses related to the death of a family member to seek out a highly skilled attorney to provide guidance.

Filing a Claim for Your Loss or Going to Court

In many situations, after gathering all loss-related information and evidence in the case, your attorney will then present your claim to the at-fault party’s insurance provider to encourage them to pay. Keep in mind that Florida’s laws put the burden of proof on you. For that reason, it is critical that you hire an attorney who can show that your case warrants significant recovery.

In some cases, insurance companies settle the claim because going to court is far more expensive. However, there are times when you may need to head to court to prove your losses with your attorney to help guide you.

Filing a Florida truck accident claim requires careful steps to ensure you meet all state requirements while also exhausting all compensation options. Turn to a trusted attorney who can offer guidance at every step.