There is no doubt the trucking industry continues to play a vital role in today's economy. This is especially true for the Miami, Florida area and countless other cities throughout the United States. Hardworking people depend on trucks every day to deliver all sorts of essentials and other goods such as food, beverages, clothing, medical needs, books, furniture, computers, and so much more.
However, with increased demand in goods, comes an increase in truck accidents for a myriad of reasons. Inexperienced, fatigued, and distracted truck drivers are just some of the reasons why these crashes tend to occur. Operating big rigs, such as 18-wheelers, tractor trailers, and semi-trailers all require a great deal of attention and responsibility. If it is determined that the truck driver failed to uphold his or her responsibility to keep others safe, you could hold the driver and/or trucking company liable for your damages.
If you or a loved one was injured in a truck accident, contact Frankl Kominsky Injury Lawyers today for a free claim review. There is no obligation to hire our firm to represent you unless you decide to retain our services. Allow our team of legal professionals to help you hold the negligent truck driver liable for your injuries. If your claim is legitimate, we could help you recover funds for medical costs, pain and suffering, vehicle damage, and loss of income if you missed work during recovery. If you lost a loved one in a trucking accident, you could recover additional funds for loss of consortium, funeral and burial costs, and other financial losses related to the death.
Read on to learn more about truck accident claims and some important steps you could take to preserve the value of your claim. Taking these steps could make a significant difference in the outcome of your financial situation.
Eligibility for Compensation
Most serious truck accidents are the result of negligence by truck drivers or the trucking company itself. The trucking industry is regulated by the Federal Motor Carrier Safety Administration (FMCSA). If it is found that the trucker was in violation of these laws, which then resulted in your damages, you could be legally eligible for financial compensation. Speeding, reckless driving, lack of proper training, poor truck maintenance, driving while fatigued, distracted, or under the influence of drugs or alcohol are all common forms of negligence that often lead to dangerous truck crashes. To determine whether you may be eligible for financial compensation after a truck accident, it is up to you with the help of your attorney to establish the four elements of negligence:
- The truck driver owed you a legal duty of care - This means the truck driver is legally obligated to obey all local and state traffic laws to keep him or herself and others on the road safe from harm.
- The duty of care was breached - When a truck driver fails to drive in a safe manner and causes an accident, it is considered as a breach of duty of care.
- A causal link exists - There must be a link between your damages and the breach of duty of care. In other words, your injuries or vehicle damage would not have occurred, if not for the negligence of the truck driver.
- Damages were created - This could come in the form of medical bills, lost wages from missing work, property damage assessments, and other financial losses related to the crash.
Once these four elements are established, you and your attorney must provide substantial evidence to back your claim. Since the damage from a large truck crash can be so widespread, it takes a professional with previous experience to investigate the details of the crash and help victims build a strong case. This is why we advise contacting a well-established lawyer at Frankl Kominsky today. The sooner you give us a call, the more time we will have to help build a strong case in your favor.
Frankl Kominsky Injury Lawyers never settle for less. Call us any time at (561) 800-8000 or you can chat online.
How Much Compensation Should I Expect?
This is usually one of the first questions people ask when they inquire about our services. However, it is extremely difficult to determine the full value of your truck accident claim without knowing the particular details of your situation. We can only give you a broad overview of what you may expect.
For example, there are two main forms of compensation that may be available after a truck crash:
Economic Damages
These are damages that have a definitive monetary value, such as:
- Medical expenses - This could include past due bills or future healthcare costs for physical therapy. It could also include funds for prescriptions, transportation to and from medical appointments, and medical devices such as a wheelchair, prosthetics, or other assistive medical equipment.
- Loss of income if you missed work - If you were forced to skip work and missed out on certain wages and other work-related benefits during your recovery, you could be eligible to pursue these losses. If you were permanently injured and no longer able to return to work, you could also qualify for loss of future income. Surviving family members who lost a loved one in a truck accident and depended on the deceased victim's income, could file for loss of future wages as well.
- Property damage - If your vehicle was damaged or needs to be replaced after a truck crash, you could hold the at-fault trucker liable for these losses. Having a licensed truck accident lawyer from our firm investigate the damages to both vehicles may be necessary to prove your claim.
Non-Economic Damages
These are damages that do not have a definitive monetary value, such as:
- Pain and suffering - This could include any physical pain and emotional trauma you may have endured at the time of the crash and during your recovery. Truck accident victims often suffer from long-term ailments that may require several months or years of painful physical and/or psychological therapy. We recommend keeping a personal medical journal documenting all of your pain and suffering, including any improvements or setbacks regarding your condition.
- Loss of consortium - Sometimes a truck crash victim is too injured to return to work and enjoy other daily activities they were accustomed to. This may include the inability to enjoy intimate moments with his or her spouse. When this is the case, the victim may have a right to hold the at-fault party liable for loss of consortium.
- Loss of companionship - Surviving family members who lost a loved one in a truck crash and depended on the deceased victim for companionship, leadership, or emotional support, could be eligible for these benefits.
At Frankl Kominsky, our experienced lawyers have the necessary knowledge and resources to find certain details that may help prove the cause for the truck crash. For example, our firm can bring in an accident reconstructionist in to further investigate and help rebuild the scene of the crash to show the court and insurance companies how it actually occurred.
How Much Time Do I Have to File a Claim?
If you or a loved one was injured in a truck accident, you may think that you have ample time to file an injury claim. However, according to the Florida Statute of limitations, in most cases, you only have two years from the date of the crash to file a claim against the at-fault truck driver. If you fail to submit the claim on time, it may be dismissed by the court and you will be disqualified from being able to pursue financial compensation.
If you lost a loved one in a trucking accident, you may need to file a wrongful death claim, which means you will usually only have two years from the date of the death to file a valid claim. There may be instances where the statute of limitations can be stopped for a certain period or other situations when your claim may be due sooner, depending on the details.
This is why it is crucial to speak to a reputable attorney from our firm before it is too late. Having a dependable legal professional on your side can help ensure your claim is filled out correctly and submitted on time.
Have a legal question? Call Frankl Kominsky Injury Lawyers today at (561) 800-8000.
Common Types of Injuries Sustained in a Truck Crash
The types of injuries sustained in a serious truck crash can vary greatly, depending on the circumstances. Some injury victims are lucky to walk away with minor scrapes and bruises, however, this is not always the case. Some common types of injuries we see resulting from serious truck crashes, usually include:
- Bruises, cuts, scrapes, lacerations
- Fractures/broken bones
- Knee, shoulder, or hip injuries
- Neck and back injuries
- Spinal cord damage
- Nerve damage
- Traumatic brain injuries
Many of these injuries could require long-term medical care that can prove to be costly over a lengthy period. This is why you should speak to a licensed lawyer who has experience working with truck accident injury cases such as yours to help you through the legal process.
Discuss Your Negligence Claim with an Attorney
If you have been harmed because of someone else’s carelessness, there is no substitute for having dedicated legal representation on your side. At Frankl Kominsky Injury Lawyers, we are committed to helping injured victims. Our firm has over 40 years of combined experience handling accident and injury cases, and we know what it takes to try and prove a negligence claim. You can expect the utmost respect and professionalism from our licensed attorneys and legal staff.
Our Injury Lawyers offer a Free Consultation by calling 855-800-8000 or contact us online. Let us help you through this stressful time, our office is available 24/7 and we speak Spanish and Creole.