Mausner Graham Injury Law
Automobile accidents can be a traumatic experience that can bring a slew of financial and legal issues with it. With a truck accident, all the damages and problems tend to be magnified. For this reason, it is vital that you team up with a Miami truck accident lawyer to help you achieve an optimal result.
Should I Hire A Miami Attorney After A Truck Accident?
There are a number of differences between a truck accident and a car accident, aside from the obvious fact that one involves at least one huge vehicle that can do a great deal more damage. When you are involved in a car accident, the only parties involved are yourself, the other driver, passengers, and your respective insurance companies. A truck accident is a very different situation which involves the trucking company and implicates federal trucking laws and regulations as well. If you, as an ordinary motorist, are involved in an accident with a truck, you are not just dealing with the truck driver.
The truck is most likely owned by a large commercial transport concern, so you have to deal with the company that owns the truck, as well as their insurance providers and lawyers. The truck driver in question is obligated to exercise reasonable care in the execution of his or her duties and must be in full compliance with state and federal requirements. If the driver has failed to comply with the law, then you may have a case of negligence, and you may be entitled to compensation.
The trucking company and their insurance company will want to resolve the case as quickly as possible and with as little damage as they can manage to their finances and reputation. They will try to offer you the lowest settlement they can get away with, and hope you will accept. Unfortunately, most people accept these offers without investigating further or fighting for their rights, which is exactly what the trucking company wants.
The last thing they want is for you to hire a competent and experienced truck accident lawyer who will fight on your behalf and help you get what you deserve. A personal injury lawyer with experience in truck accidents will take all the necessary steps to help you receive fair compensation for any injuries or damages, which may include medical bills, loss of income, or absence from your work, as well as compensation for pain and suffering. If you want to get the compensation to which you are entitled, then it is essential that you hire a lawyer.
The Benefits Of Hiring A Miami Truck Accident Lawyer
Once you enlist the help of a truck accident lawyer, what will they actually do for you? As mentioned before, in a truck accident case, you are not just dealing with another driver. You will go up against a corporation and/or insurance carrier who will have all legal representation they can buy sitting on the other side of the table from you, so the first thing you need to do is level the playing field. A truck accident lawyer who understands all the legal ramifications, and knows what you deserve and how to fight for it, will help you do that.
Your lawyer will also be able to ensure that the case is valued correctly. The evaluation of damages, medical expenses, and pain and suffering is often complex, and you may not be able to get a complete picture of the value of your case on your own. A truck accident lawyer knows how to calculate what a case is worth, and what you deserve to ask for. With a properly valued case, you can avoid accepting lowball offers from the trucking company or their insurance providers.
The next important function of a truck accident lawyer is to identify the responsible party. In a truck accident, this is no easy task. Determining liability in a truck accident is much more difficult than in any other kind of auto accident. There are so many variables at play that it takes a seasoned auto accident lawyer with significant experience in truck accidents to sort through everything and find the original fault that caused the accident. The possible responsible parties include:
- The truck driver: In addition to following all the rules that other motorists are obligated to adhere to, truck drivers must also comply with the Federal Motor Carrier Safety Administration rules and regulations. These include hours of service rules, keeping blood alcohol level under 0.04%, and maintaining strict records with respect to driving times and truck maintenance.
- Trucking company: The owner of the truck and the driver’s employer must follow all rules when it comes to keeping their vehicles roadworthy, as well as hiring competent, licensed and reliable drivers. It is possible that a single accident could result from the company’s failure to observe the many rules.
- Freight or loading company: An accident could happen if a truck is improperly loaded by the workers of the freight or loading company. It is their responsibility to ensure that their goods are packed properly onto the truck. Their failure to do so could be a cause of an accident.
- Truck or equipment manufacturer/ maintenance or repair provider: An accident could also be the result of a mechanical failure which may be the fault of the original manufacturer or bad repairs, or negligent maintenance.
It is your lawyer’s job to sort through all of these liability issues and identify the responsible parties.
If you are partly at fault for the accident, your lawyer will seek to limit your liability. If you share even a small part of the blame, the other parties are likely to attempt to exaggerate your part in the accident, which could result in you taking the full blame, or at the very least, reduce the amount of compensation you can claim. Your lawyer will be able to push back against any attempt to increase your liability and ensure that you get what you deserve, even with your role in the accident taken into account.
How Do I Deal With A Truck Accident If I Am At Fault?
The situation becomes even more complex if you are partially or entirely at fault for the accident. Since Florida is a no-fault state, each party’s insurance company would be responsible for their respective medical expenses. However, you can still be sued for damages, and these might exceed what your insurance policy covers. The best thing to do if the fault is yours is to consult a personal injury lawyer to explore all your options.
How Much Compensation Can I Claim For A Truck Accident Injury?
The first question many people ask when they are involved in a truck accident case is, “How much can I claim?” This is an extremely difficult question to answer and always differs from case to case. Your overall claim amount will be calculated from a combination of the economic and non-economic damages. The economic damages include past and future medical bills, and lost wages. These can be calculated using bills, tax returns, and other items. Non-economic damages include potential pain and suffering and mental anguish. These damages can be tricky to calculate and sometimes you may need to file a lawsuit and seek a jury trial to recover damages for pain and suffering, mental anguish, and other non-economic damages.
How Do I File A Lawsuit For Injuries Caused By A Truck Driver?
If you would like to pursue a lawsuit against a truck driver and/or trucking company, consult a truck accident lawyer immediately. The lawyer will examine all the facts of the case and file your suit against the liable party on your behalf.
Common Questions About Truck Accidents
Perhaps the most common questions in truck accident cases, aside from matters pertaining to liability, are about what damages the plaintiff can actually claim for. They usually want to know if they can claim for medical expenses, lost wages, vehicle damage, pain and suffering, future loss of income, and future medical costs. You can potentially make a claim for all of these, but it will depend on the facts of your case. It is entirely possible, for example, that you are in a position to claim for medical expenses but not lost income (if your injuries were relatively minor and you are able to continue working). In some cases, you can claim all of these and more. When your lawyer examines your case, they will be able to tell you what you are entitled to claim for.
MAUSNER GRAHAM INJURY LAW PLLC is a personal injury lawyer and truck accident lawyer in Miami. He can help you if you’ve been in a truck accident. Call today – 305-344-HURT (4878). Consultations are free.