Even though trucks serve a critical role in our nation’s economy, delivering goods all across our country, they are not without their faults. In fact, due to their sheer size and weight, when these trucks are involved in an accident, the consequences can be horrifying, often leading to catastrophic injuries and astronomical medical expenses that will forever change a person’s life.
However, if you suffered harm in a Delray Beach trucking accident due to another individual’s wrongful actions, you should not have to deal with these devastating damages on your own. Instead, you need experienced legal help on your side, fighting for your rights and the financial damages you deserve. Thankfully with Eltringham Law Group, our truck injury lawyers in Delray Beach can get you the help you need, plus so much more.
Who Is Responsible for a Delray Beach Trucking Accident?
Unlike a passenger motor vehicle accident, which generally involves two motorists, trucking accident cases tend to be more complicated. This is because these crashes can have numerous liable parties and entities responsible for the impact, even if they were not present at the time of the accident. Take, for instance, the following:
- The liable truck driver
- The truck company
- The truck owner
- Cargo owners and loaders
- Truck maintenance crews
- Truck manufacturers and trucking parts manufacturers
- Governmental entities responsible for road design and maintenance
- At-fault third parties, such as other motorists, passengers, or pedestrians
Due to the number of individuals that can be held responsible for a trucking accident, it is often in your best interest to reach out to a skilled truck accident lawyer in Delray Beach as soon as possible. These attorneys can promptly get to work reviewing the accident, figuring out what happened and who was at fault, and ensuring that the responsible parties are held accountable for the losses and damages you sustained.
What Types of Compensation Are You Entitled to in a Delray Beach Truck Accident Lawsuit?
If your trucking accident was due to the wrongful actions of another party, you may be able to obtain compensation for the losses and injuries you sustained. In Florida, these damages tend to include both economic and non-economic damages.
These damages refer to the actual and measurable losses that result from the accident. They include:
- Past, current, and future medical bills, including doctor visits, surgeries, prescriptions, and hospital stays
- Lost wages and/or earning capacity
- Property damage
- At-home nursing care
- Rehabilitative services
These damages refer to the subjective losses that result from an accident, meaning they are not easily quantifiable. They tend to include the following damages:
- Pain and suffering
- Loss of reputation
- Loss of a limb, as well as disfigurement or scarring
- Loss of consortium
- Loss of enjoyment of life
In some instances, punitive damages may also be available. However, unlike the other compensatory damages, which are designed to compensate the victim for their losses following an accident, punitive damages are there to punish the defendant and deter others from doing the same. Yet to obtain these damages, an accident lawyer needs to prove that the defendant was guilty of intentional misconduct or negligence with evidence.
Filing Deadlines Following a Delray Beach Trucking Accident
The statute of limitations is a law that mandates the amount of time you have to file a legal claim following an accident. If you do not file your lawsuit within this time period, you can be barred from collecting compensation for your injuries and damages.
As a result, if you have been harmed in a Delray Beach trucking accident, you will have four years from the accident date to file a personal injury claim. However, depending on the circumstances of the accident, this time may be shortened or extended. That is why it is important that you speak with a knowledgeable Delray Beach trucking accident attorney as soon as possible following your trucking accident.
These attorneys have the experience and resources to quickly figure out the maximum amount of time you have to file your case and ensure that all the required documents and motions are filed before time expires.
How Can an Experienced Truck Accident Attorney in Delray Beach Help After a Truck Crash?
To bring a successful legal claim following a trucking accident in Delray Beach, you need to be able to provide solid legal arguments and relevant evidence to prove your case. However, following this disastrous collision, this is probably the last thing you want to worry about.
Thankfully, with an experienced Delray Beach truck accident lawyer fighting on your behalf, you will not have to worry about taking on this complicated legal battle alone. Instead, you can focus on your recovery while these lawyers fight for the financial relief you need. To do this, these attorneys will:
- Evaluate your claim, figure out if you have a viable case, and determine your legal options
- Investigate your truck accident and gather evidence to show who was at fault
- Bring in the experts such as doctors and accident reconstructionists to substantiate your claim
- Handle all negotiations and pursue a fair settlement offer
- Take your case to trial if the other side is unwilling to provide you with a fair offer and fight for the successful resolution of your case
Truck Accident Liability in Florida
In Florida, truck drivers are required by law to carry commercial liability insurance. If they don’t have this coverage, then they may not legally operate a commercial vehicle. This means that if a driver causes injury or death to another person due to negligence, he or she could face legal consequences. For example, if a truck driver fails to yield when turning left into traffic, causing a car crash, the truck driver could be held liable for damages caused to the victim. In addition to being responsible for their own actions, truck drivers must also take responsibility for those of their passengers.
When it comes to personal injuries resulting from a truck accident, victims can seek compensation through a number of different avenues. These include filing a lawsuit against the truck driver and his or her employer, claiming worker’s compensation benefits, and seeking reimbursement from the trucking company’s insurer.
When pursuing a personal injury claim after a truck accident, victims should consider hiring an attorney who specializes in handling truck accident cases. An attorney with experience in this area will know what steps to take in order to maximize the value of your claim.
Truck Accident Causes In Delray Beach
The most common causes of truck accidents include driver error, defective equipment, and road hazards like potholes and debris. If you’ve been injured in a truck accident, contact our office today to discuss your legal options.
Common errors leading to truck accidents include speeding, texting, talking on the phone, and fatigue. These distractions often lead to crashes because they take drivers’ attention away from driving. In addition, many truckers don’t pay enough attention to the road ahead. They fail to notice warning signs, change lanes without signaling, and drive too fast.
Another cause of truck accidents is faulty equipment. The National Highway Traffic Safety Administration (NHTSA) reports that nearly half of fatal truck accidents involve rollovers. Rollover crashes occur when trucks overturn, usually as a result of poor steering or braking systems. Drivers may also lose control over their vehicles while attempting to avoid collisions with other cars or objects.
Another common cause of truck accidents is unsafe roads. According to NHTSA data, more than 40 percent of all fatal truck accidents involve crashes with large obstacles such as trees, utility poles, bridges, and guardrails. Road conditions can also contribute to truck accidents. Poorly maintained roads can make it difficult for drivers to see approaching vehicles. Debris on the roadway can also pose a danger to drivers.
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Truck Accident Damages To Claim With Insurance Companies
The truck accident lawyer will then begin the process of investigating the case. This includes gathering information from witnesses, police reports, medical records, and any other relevant documents. The truck accident lawyer may also speak to the driver and passengers of the vehicle to find out what happened. We will also work with the insurance companies as your personal injury attorney.
If the truck driver has liability coverage, we will file a personal injury lawsuit against them. The truck accident lawyer will try to prove that the driver was negligent by failing to follow traffic laws, maintain safe speed limits, and keep a proper lookout.
If the truck driver does not have liability coverage, we will pursue a third-party claim against the trucking company. Third-party claims are filed against parties other than the person responsible for causing the crash. For example, if a passenger files a lawsuit against a car owner for injuries sustained in a car accident, the passenger would be pursuing a third-party claim.
We will also seek compensation for your pain and suffering, lost wages, medical bills, and any other expenses incurred due to the truck accident.
Our truck accident lawyers also have experience handling cases involving:
• Motorcycle Accidents
• Car Accidents
• Pedestrian Accidents
• Bicycle Accidents
• Drunk Driving Accidents
• Truck Accidents
• Premises Liability Cases
• Dog Bites
• Wrongful Death Claims
• Defective Products
• Product Liability Claims
• Construction Site Accidents
• Workplace Injury Claims
• Slip & Fall Accidents
Go After the Justice You Deserve, and Contact Eltringham Law Group Today
If you or a loved one has been injured in a Delray Beach trucking accident, do not wait any longer to fight for the justice you deserve. Instead, contact Eltringham Law Group today for a free consultation, and let our skilled Delray Beach truck accident attorneys show you how we can fight for your rights and the compensation you are entitled to.