In a truck accident in Hollywood, you may suffer physical and financial losses. Following your crash, consult with an attorney. A Hollywood personal injury lawyer may be able to help you get damages.
At the Schiller Kessler Group, we can help you protect your rights and secure compensation. Our Hollywood truck accident lawyer is available to discuss your case. Contact us today to request a free consultation.
Trucking Regulations that May Affect Your Claim
To operate a vehicle in Florida, a trucker must have a commercial driver’s license (CDL). To obtain this license, an individual must be at least 18 years old. In addition, they must meet vision requirements and pass skill and knowledge tests.
There are hours of service regulations for trucking drivers. These are regulated by the Federal Motor Carrier Safety Administration (FMCSA). They limit the number of hours a trucker can spend behind the wheel without taking a break.
FMCSA also has cargo securement rules. If a trucker or their employer ignores these rules, cargo in transport may move around while in transit. This can lead to tip- and roll-over accidents, along with associated injuries and fatalities.
More people choose The Schiller Kessler Group because they know that we’re a cut above other personal injury law firms.
Who Is Liable for a Truck Accident
In many cases, a negligent trucker and their employer are responsible for a collision. For instance, if a truck driver crashes their vehicle into your car and you suffer a catastrophic injury or any other harm, you may be able to submit a claim with the help of a Hollywood catastrophic injury lawyer. There are also times when a truck manufacturer, government entity, or another party is responsible for a trucking collision.
Florida has a no-fault law, which means you may be able to file a claim through your own insurer after a trucking crash. You may have personal injury protection (PIP) through your auto insurance, which covers your medical expenses and lost wages. If you suffer an injury that exceeds your PIP coverage, you may choose to file a lawsuit against an at-fault party.
The team at The Schiller Kessler Group has achieved outstanding case results in truck crash lawsuits. Our truck accident lawyer in Hollywood can take a look at your case and help you request damages before the statute of limitations to do so expires. To find out more, get in touch with us.
No matter what time of day it is, you can contact The Schiller Kessler Group to schedule a free, no-obligation consultation.
How Much Time You Have to File a Trucking Crash Claim
Florida has a two-year statute of limitations for personal injury claims. You have up to two years from the date of your trucking crash to seek damages from any at-fault parties. If you choose not to file a claim within this window, you may not be eligible for damages at a later date.
You can request economic and non-economic compensation. Economic damages are awarded for quantifiable losses like medical bills and damage to your car. Non-economic damages are provided for pain and suffering.
In addition to economic and non-economic compensation, you may receive punitive damages. These are rarely awarded, but a court may award them to deter an at-fault party from future negligent acts.
How Much a Truck Accident Claim Is Worth
A truck accident attorney in Hollywood can help you calculate your damages. They will consider the immediate and long-term impact of your collision. Your lawyer can also help you build an argument to show that an at-fault party was negligent and that you deserve the most damages possible.
You may believe your trucking collision claim is worth big bucks, but you still have to prove this to a judge or jury. To do so, you must gather and evaluate evidence and prepare a compelling argument. If you do not, a court may believe the defendant, and you may receive no compensation.
Work with an attorney to figure out how much your claim is worth and seek the maximum amount of compensation. Your lawyer can answer frequently asked questions and many others about the burden of proof in personal injury lawsuits. They can help you make it clear to a judge or jury that the defendant in your case is 100% responsible for your truck collision and injury.
How to Prove Negligence in a Trucking Accident Case
To prove negligence, you must show that an at-fault party had a legal obligation to avoid careless and reckless acts and violate this requirement. You must also show that because this party breached their duty of care, you were involved in a truck accident, suffered an injury, and incurred quantifiable or subjective losses. Only if you can prove all of these things will you be able to get all of the compensation you want.
Florida has a comparative fault statute that may impact your ability to recover damages. Under this statute, you cannot recover any compensation if you are found to be more than 50% responsible for a trucking accident. However, in a case where you share fault but are less than 50% responsible, your damages may be reduced.
If you are found to be 60% responsible for a trucking crash, you will not be eligible to receive any compensation. Comparatively, if you are determined to be 20% at fault for a truck collision, you will get 80% of the damages you initially requested. To avoid having your damages reduced or not getting any altogether, hire an attorney who has plenty of experience with trucking accident claims.
What to Expect After You File a Trucking Crash Claim
If you think an insurance company will fulfill your truck crash claim promptly, think again. Insurance providers are focused on taking care of their clients, even those who cause accidents. As such, an insurer may do everything it can to dispute your claim and avoid having to pay you damages.
By hiring a trucking collision attorney who has received many positive client reviews, you can get help with insurance negotiations. Your lawyer can discuss your case with an insurer on your behalf. This may help you boost your chances of getting a fair settlement offer.
Do not be surprised if an insurance provider or the at-fault party in your truck accident case contacts you after your crash, either. If this happens, do not speak about your case since anything you say may be used against you. Let your lawyer handle your communications, and they can help you negotiate a settlement or present your argument to a judge or jury.
Partner with a Trucking Crash Lawyer
The Schiller Kessler Group is committed to our clientele. We do not charge any legal fees unless we settle or win your case. To schedule a free consultation, contact us today.
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