Delray Beach truck accident lawyers are experienced in handling serious and fatal accidents on Florida’s roadways involving collisions with huge and unwieldy commercial tractor-trailer rigs. They weigh more than 10,000 pounds, compared to an average passenger car weighing about 3,300 pounds, like the Chevrolet Malibu.
Families may not think they are financially prepared to take legal action, but the Delray Beach truck accident lawyers at Kogan & DiSalvo will not charge a fee unless the case is won. Then the fee is a small percentage of the monetary damages claimed. To learn more or discuss whether you have the basis for a claim, contact an experienced accident attorney today for legal consultation.
What are the Common Causes of Truck Accidents?
Although the truckers are often professional big-rig drivers, these accidents can be caused by excessive speed, poor visibility, weather, and bad road conditions as well as drivers who are distracted, fatigued, or impaired. Poor training and supervision also may be a factor.
Even if a driver tries to avoid a collision, a rapid swerve may cause the truck’s load to shift, upsetting the balance and overturning the rig. Strong winds can also overturn these rigs.
The vehicle itself also may be at fault because of worn tires or brakes, steering issues, bad repairs, and manufacturing defects. The massive weight and size makes big-rigs difficult to handle and stop.
Accidents involving big-rigs can be catastrophic and fatal, and property damage to vehicles they hit can be extensive. Delray Beach semi-truck crash lawyers are here to help.
How is Fault Determined in a Truck Accident Case?
In Florida, truck accidents are adjudicated using the state’s modified comparative negligence standard. Negligence is legally defined as not using prudent care toward others or committing an act that such a person would not do. Personal injury cases must have this negligence basis.
The word “comparative” means that anyone who is assessed with some degree of fault cannot recover all of the damages incurred, up to 50%. If a person is 30 percent at fault, only 70 percent of the damages can be claimed. If a person is 51% or more at fault for their accident, they are barred from recovery entirely.
Establishing Negligence in a Semi-Truck Accident Case
A Delray Beach attorney could help an injured party establish negligence following a serious accident with a truck. To prove negligence a lawyer must demonstrate:
- Duty of care: Everyone has a legal obligation to act with reasonable care not to cause harm or property damage to someone else.
- Breach: Committing an act that violates duty of care or failing to properly act.
- Causation: The breaching act resulted in a foreseeable outcome.
- Damages: Harm in the form of injury or property damage occurred.
Potential Compensation in Delray Beach Cases
Personal injury general and special damages are meant to place the injured person in the same financial circumstances had the accident not happened. Following a truck accident, a Delray Beach attorney may be able to fight for damages, such as:
- Medical care including surgeries, tests, and future care
- Therapeutic treatments including equipment purchases and rentals
- Lost income from current and future endeavors
- Pain and suffering
- Mental anguish
- Emotional trauma
- Loss of consortium or companionship
- Costs of altering plans and trips
- Punitive damages, meant to punish when negligence was egregious
If the accident was fatal, other damages, such as funeral expenses, apply.
How a Delray Beach Truck Accident Attorney Can Help
The Delray Beach truck accident lawyer will develop three areas of evidence: 1) physical, from the injury itself and the accident scene, 2) documentary, from detailing all associated medical and other expenses, and 3) testimonial, from interviewing under oath all participants and any witnesses.
In some cases, it may be necessary to retain a professional accident investigator to reconstruct the accident. An expert witness may also testify about significant injuries, such as brain and spinal cord damages.
The lawyer will try to anticipate and challenge defense arguments and prepare the case for trial. If the case is settled, the experienced Delray Beach truck accident lawyer will try to negotiate a fair settlement that the client can approve.