In the aftermath of a truck accident, insurance companies, paperwork, and phone calls are added burdens on top of your physical and emotional pain. Keeping up with ordinary days and regular financial commitments might be overwhelming for someone who has recently suffered an injury.
Hiring an attorney to handle your truck accident claim can be a huge relief if you’ve just fallen victim to someone else’s carelessness. Winston Law Firm may be able to assist you with your truck accident case if you are located in the Davie area.
Your claim will be reviewed at no charge, and we will explain your legal options in detail. You can put your efforts into getting better while we deal with the insurance company and fight for the highest compensation available on your behalf.
What Losses Can I Recover from a Truck Accident in Davie?
Since every accident involves a different set of specific circumstances, your lawyer will need to determine the actual damages. It may be necessary to consider the company’s financial stability or the limits of an insurance policy.
Damages in a claim or lawsuit involving a vehicle accident may include:
- Medical expenses: Existing and future medical costs associated with your injuries
- Damage to property: Your vehicle, your damaged belongings, and any items you lost in the collision
- Lost Wages: The wages you lost while receiving treatment, recovering, and any potential income losses
- Non-economic losses: Emotional anguish, psychological harm, loss of relationships, and diminished quality of life
What Evidence Is Needed for a Truck Accident Case?
Part of a lawyer’s job is to help you collect and analyze evidence to build your case and show that the other person was at fault. Even though many claims are settled before they go to court, having the right evidence is key to negotiating a maximum settlement.
Some of the evidence and documentation your Davie truck accident attorney can gather include:
- Documentation of safety violations of the trucking company
- Toxicology reports of the other driver
- Truck Inspection documentation
- Maintenance, mileage, and route history
- Crash scene evidence such as defective parts
- Traffic camera or surveillance video footage
- Activity on cell phones, texting, or social media
- Accident reports from your crash
- Previous accident documentation that involved the company or truck driver
- Eye witness or expert witness testimony
- The employment history of the driver
- EDR data from the truck
- Driver log books
Proving Negligence in a Truck Accident Claim in Florida
The legal definition of negligence is the failure to act in a way that complies with generally accepted norms to protect others from potential harm. There must be evidence to show that the accident was caused by negligent behavior.
A Davie truck accident injury attorney can help you to gather the evidence to prove your claim.
Can You Prove Negligence in Your Claim?
Plaintiffs in truck accident personal injury claims must prove their case. When employed appropriately, these four factors can assist you to prove negligence and guilt. With proof, you may define these pieces and your case.
- Duty of Care: In certain instances, the law will assess whether a duty of care is due. In a driving situation, people owe each other a duty of care. Each motorist must observe the regulations of the road and drive responsibly to avoid a truck collision. This duty of care is implied in car accidents.
- Breach of Duty: You must prove that the other driver or party breached the duty of care knowingly or via omission. If a trucking company sent out an unqualified, poorly trained driver, they breached this responsibility. A truck accident lawyer in Davie can help you to find evidence to support your claims.
- Causation: The plaintiff or plaintiff’s lawyer must establish that the defendant was aware of the hazard and took action anyway. If you can prove that the trucking company knew the driver was not qualified and let him drive their trucks, you can prove causation.
- Damages: Personal injury claims require quantifiable damage. You must establish that the accident cost you money. Medical bills estimates to repair your car, or past pay stubs can prove this.
A successful outcome depends on how you use evidence to show the four elements of negligence and the evidence you present.
Establishing negligence in a truck accident case may seem easy, but the trucking company’s attorneys will quickly try to limit or remove their liability. A Davie truck accident injury lawyer from Winston Law Firm can create a strong case to prove you are entitled to collect compensation.
A Davie Truck Accident Lawyer Can Safeguard Your Claim
Your negligence claim will succeed or fail, depending on how carefully you gather and present the evidence. Lawyers have the expertise to know what questions to ask and to foresee questions from the defense.
It’s fairly typical for a sizable and well-funded legal staff to be present in a large insurance or commercial trucking company. As soon as they find out about the crash, they’ll start working to decrease their companies’ legal responsibility. It can be difficult to take on these lawyers in court.
It’s possible that the opposing attorney has uncovered damaging information that places the blame on you. Having knowledgeable legal representation can help you defend against false claims of wrongdoing and protect your rights.
Contact a Truck Accident Injury Law Firm in Davie, FL, to Learn More Today
In a truck accident case, proving who was at fault can be difficult and require a great deal of time. Within a short time following an accident, the lawyers for the trucking business will be hard at work trying to divert blame and minimize the company’s financial loss.
The lawyers at Winston Law Firm have helped many people hurt in trucking accidents. We have successfully recovered significant compensation for our clients, and we may be able to assist you.
We work on a contingency basis, so you have no out-of-pocket costs or risks. Contact us today to find out how we can help you prove negligence in a truck accident case and how we may be able to help you to maximize the compensation you collect.
