As the truck traffic in Florida grows, so does the number of accidents. In the past decade, the number of injuries people suffered in truck accidents increased by 96%.
If you were hurt in a truck accident, you may be entitled to compensation. To get a fair settlement from an insurance company or take the case to court, you may need legal assistance. By consulting with an experienced Jupiter truck accident attorney from Eltringham Law Group, you can find out whether you have a case and take the first steps toward recovering damages.
Who Is Responsible for a Truck Accident?
Commercial truck accidents are usually different from personal car accidents because the driver is employed by a trucking company. As an employer, the company would be responsible for covering damages if the personal injury case goes to court. Other parties that may be liable for the accident include:
- The driver (if they caused the accident on purpose or used the truck for personal needs).
- The owner of the cargo
- Local government (if the accident was caused by poor road conditions)
With many parties involved, determining liability in a truck accident can be complicated. Having a personal injury lawyer in your corner could help you avoid mistakes and maximize the payout.
Proving Negligence in a Truck Accident
If you were injured in a truck accident, you can receive compensation if you can prove that the other party was negligent. To do that, you have to show:
- The defendant breached a legal duty to you. This usually means demonstrating that the driver who has a duty to operate the vehicle safely, failed to do so. For example, proving that the truck driver ran a red light.
- The driver’s breach of legal duty caused your injuries. This means proving that you sustained injuries in an accident that occurred due to the truck driver’s mistake. For example, showing that you sustained whiplash that wouldn’t have occurred without the accident.
- You incurred damages due to the accident. This involves proving that injuries you sustained in a truck accident led to expenses. For example, providing medical bills for treating a broken limb.
Trucking companies move fast to bring their adjusters and investigators to the scene of the accident. If you don’t have someone protecting your rights, you may not be able to collect sufficient evidence to prove negligence. Consider contacting a Jupiter truck accident attorney right after the accident to get legal advice.
Comparative Negligence in Florida
If you are partially at fault for the truck accident, you may still be entitled to compensation. Florida is a pure comparative negligence state. This means that the damages you can recover are proportional to your fault.
For example, if the judge decides that you are 40% responsible for the accident, you can still recover 60% of damages. Even if you are 99% responsible, you can still get 1% of damages.
Keeping this law in mind, attorneys hired by trucking companies try doing everything possible to maximize your fault in an accident. That’s why it makes sense to hire a lawyer to protect your interests.
What Is the Statute of Limitations for Truck Accident Cases in Jupiter?
You only have a limited amount of time to file a personal injury lawsuit in Jupiter. According to Florida law, the statute of limitation on personal injury cases is four years.
If you file a claim after the four years are up, your case is likely to be dismissed.
How Much Money Can I Recover After a Truck Accident?
If you can prove the other party’s negligence in a truck accident, you can recover the following damages:
- Medical expenses – all expenses for current and future medical treatment, surgery, rehabilitation therapies, at-home assistance, and more.
- Lost wages – the wages you lost because you had to miss work or will need to miss it because of the accident. Many severe truck accidents result in disabilities. If a disability keeps you from working, you can obtain compensation for the money you could have earned without it.
- Property damage – you can get compensation for repairing or replacing your vehicle.
- Pain and suffering – any physical and emotional suffering you face due to the accident can be compensated for. To prove this, you may need to provide an expert’s testimony.
If your loved one died in a truck accident, you can obtain compensation for:
- Funeral and burial expenses
- Pre-death medical expenses (if any)
- Loss of financial and emotional support
- Loss of inheritance
The amount you can receive in a truck-related personal injury or wrongful death case depends on many factors, including:
- The extent of the damages
- Percentage of your fault in an accident
- The insurance coverage limit of the at-fault party
If the amount of your damages exceeds the trucking company’s insurance limit, you can go further and sue the company directly. Taking a personal injury lawsuit to court requires legal assistance. Without it, you could lose your chance of getting compensated.
How Can a Truck Accident Attorney in Jupiter Help?
While you aren’t obligated to hire a Jupiter truck accident lawyer, working with one can improve your chances of obtaining fair compensation. A personal injury attorney can:
- Evaluate your case and discuss possible outcomes.
- Collect evidence and obtain witness and expert testimonies to prove negligence.
- File a lawsuit if necessary and represent you in court.
- Handle negotiations with an insurance company.
- Take care of all related legal documentation.
When you are recovering from injuries sustained in a truck accident, you may not feel ready to tackle the legal work that surrounds a personal injury case. A truck accident lawyer takes care of all the legal issues and keeps you updated.
Contact an Experienced Jupiter Truck Accident Lawyer Today
If you’ve been in a truck accident and sustained injuries, you may be entitled to compensation. Consider contacting an experienced Jupiter truck accident attorney to discuss your options. At Eltringham Law Group, we are always ready to evaluate your personal injury case. Give us a call today.