Florida has fifteen public ports, and many trucks pass through Brooksville ferrying cargo into and out of these ports. Truck wrecks are frequent and leave extensive property damage and loss of life in their wake. How do you determine liability if you or a loved one were victims? What damages should be included in the lawsuit, and how complex is the litigation process? Read this article about Truck Accidents Case to find out.
Liability
All road users have a duty of care towards passengers, pedestrians, fellow drivers, and other road users. Vehicle manufacturers and government authorities charged with road construction and maintenance should also ensure road users’ safety. Breaking this duty of care makes those involved liable for prosecution in a personal injury case involving a truck. Personal injury lawyers from Holliday Karatinos Law Firm are handy at this point.
Liability analysis is a bit complex, considering that multiple persons and organizations are involved. To prove liability, you must show that the defendant breached their duty of care towards you. Therefore, you have to analyze evidence, including police reports, video footage, vehicle maintenance reports, driver’s criminal record, and affidavits from the eyewitnesses.
The following parties are commonly responsible for most Brooksville trucking crashes:
Driver
Negligent truck drivers can cause extensive loss of property and life. Lack of enough sleep or driving under drug or alcohol influence is a common cause of truck-related accidents.
Trucking Companies
Truck companies also find themselves in big trouble if found liable for the trucking accident. Unless the driver was an independent contractor, truck companies might be answerable alongside the driver.
Automotive Manufacturers
You can also add these companies to your list of liable parties when the cause of the crash was a manufacturing defect.
Damages
After listing liable parties, the next step is listing damages. Not knowing the types of damages to claim can jeopardize your chances of getting compensation. A competent personal injury attorney should help you at this step. Common damages after a trucking accident include:
Economic Damages
You can quantify these losses and find their monetary value. They include:
- Past, current, and estimated future medical costs
- Lost wages due to temporary disability
- Reduced earning capacity because of permanent disability
- Loss of property, for example, your vehicle
Non-Economic Damages
Although you will be compensated financially, non-economic injuries are worth more. Examples include:
- Loss of limbs
- Disfigurement and scarring
- Mental suffering
- Emotional distress
- Loss of consortium
- Pain and suffering
Punitive Damages
Punitive damages are also recoverable if the liable party is found guilty of causing the accident intentionally. They are not awarded to further compensate the plaintiff but as a form of punishment to the defendant, discouraging anyone with a similar intention.
In Florida, punitive damages awarded are triple the value of compensatory damages and are often capped at $500,000. The amount may vary between states.
Litigation
After analyzing liability and damage, the next step is filing a compensatory claim with the defendant’s insurer. Unfortunately, things may turn out unsatisfactorily since some insurers deny liability. Worse still, they may turn the blame on you, leaving you with no choice but filing a lawsuit.
Collecting Evidence
The evidence you collected and analyzed when proving liability is also helpful in litigation. Examples of evidence include video footage, police reports, medical bills, and oral or written statements from eyewitnesses. You should also have a list of damages you established and analyzed in the previous section.
Filing a Lawsuit
After collecting and preparing compelling evidence, file a personal injury claim case at the law courts. At this point, you need an experienced personal injury attorney familiar with the ins and outs of the judicial system.
Negotiation and Determination
The insurance company can agree to an out-of-court settlement, especially if they stand to lose. If they don’t bulge, the matter will proceed to the court hearing, determination, and closure by the jury.
Final Word
Claim cases resulting from truck crashes can be complex and tiresome. To prove liability, you must collect and analyze relevant evidence. Damage analysis is also tricky and can give the defendants an undue advantage if not done correctly. Fortunately, an experienced and assertive personal injury lawyer can help you navigate the truck accident litigation maze and get full compensation.
