The legal system may be complicated, particularly for those who get hurt in a trucking accident. If you suffer an injury in a truck crash, you may be able to get compensation. To find out if this is the case, it may be beneficial to consult with a Pembroke Pines personal injury lawyer.
The Schiller Kessler Group is a trusted choice for personal injury cases. Our Pembroke Pines truck accident lawyer can review your case and go over your legal options with you. To get started, reach out to us.
Truck Rules and Regulations
Per Florida Statute 316 §302, there are laws truckers must follow. Failure to comply with these rules may lead to an accident. If a truck driver or their employer violates a rule, they may be held financially accountable for any harm they cause.
The Federal Motor Carrier Service Administration (FMCSA) has hours of service regulations for truckers. A truck driver is not allowed to spend an extended period of time behind the wheel and must take breaks periodically. If a driver does not do these things, they may get tired, which can lead to an accident.
To drive a large truck, an operator must have a commercial driver’s license (CDL). A trucker must maintain a valid CDL, and their employer must ensure anyone who drives for them has an active license. Otherwise, if a driver is unlicensed and gets into an accident, they and their employer may be liable.
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 Crash
According to the National Safety Council (NSC), large trucks make up 5% of all registered vehicles in the United States. You may be involved in a trucking crash due to no fault of your own. Many parties may be held accountable for a truck collision, such as:
- Truck driver
- Trucking company
- Truck parts manufacturer
- Government agency
Following a trucking crash, it may be helpful to meet with a Pembroke Pines truck accident attorney. This gives you the opportunity to discuss your case with a legal professional. The lawyer can help you figure out who may be liable for your crash and how to prove negligence.
No matter what time of day it is, you can contact The Schiller Kessler Group to schedule a free, no-obligation consultation.
How to Prove Fault in a Truck Crash Case
A truck accident lawyer in Pembroke Pines may be able to answer frequently asked questions and many others you have about negligence in personal injury cases. Ultimately, a party is considered negligent if they do not act in a reasonable manner toward someone and cause an accident or injury. There are four elements of negligence that must be present to prove fault in a trucking collision case:
- Duty of Care: A party is legally obligated to avoid careless and reckless acts toward others.
- Breach of Duty of Care: This party chose to ignore their legal obligation, which led to your accident.
- Causation: You got hurt due to the fact that the party decided to violate their duty of care.
- Damages: You incurred subjective or quantifiable losses due to the party’s actions.
The Schiller Kessler Group has aggressive attorneys on staff. Our truck accident attorney in Pembroke Pines can advocate for you and work hard to help you get compensation from a negligent party. To learn more, get in touch with us.
How Much Time You Have to File a Trucking Crash Claim
Based on Florida’s statute of limitations, you may have up to two years from the date of your trucking collision to seek compensation from an at-fault party. However, you may not have to file a claim to get sufficient compensation for your collision. This is due to the auto insurance requirements for drivers across the state.
Florida has a no-fault law for auto insurance. Your car insurance policy’s personal injury protection (PIP) coverage may be used to offset your medical bills following a trucking crash. If you have uninsured or underinsured motorist coverage, this may also help you with your truck accident-related losses.
There may be an instance where the truck collision losses you incur are far greater than the amount covered under your insurance policy. At this point, you may need to seek compensation through the insurance coverage of an at-fault trucker or their employer. You may also want to work with an attorney who may help you file a lawsuit against an at-fault party.
Truck Accident Damages
You may request economic and non-economic damages following a trucking crash. Economic compensation is quantifiable, while non-economic damages are subjective. Examples of economic and non-economic losses include:
- Medical bills
- Damage to your car
- Lost wages
- Pain and suffering
Along with these, you may be awarded punitive damages. A court may offer punitive compensation to deter an at-fault party from committing future acts of negligence. If a court provides punitive damages, it may give them to you in combination with economic or non-economic compensation.
What to Expect During a Trucking Crash Case
Just because you submit a trucking collision claim does not guarantee you will secure compensation. For instance, an at-fault party’s insurance company may be more focused on its client’s best interests than yours. The business may do everything within its power to dispute your claim in the hopes you will give up on it altogether.
There may be an opportunity to settle your trucking accident case without having to go to trial. If you hire an attorney, they may negotiate with an at-fault party. In the best-case scenario, your lawyer negotiates a fair settlement on your behalf, and you can accept this agreement and resolve your claim.
Partner with a Pembroke Pines Truck Accident Lawyer
The Schiller Kessler Group is a cut above other personal injury law firms. Our Pembroke Pines trucking accident attorney is available to evaluate your case and help you decide if now is the right time to pursue damages from an at-fault party. To schedule a free consultation, contact us today.
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