Pompano Beach Truck Accident Lawyer
Most of the companies around the country rely on commercial trucks to move their products to their warehouses and customers. With Florida’s high population, the concentration of trucks on the state’s highways and streets can be especially high. As a result, truck accidents can and do occur.
Truck drivers are required by law to follow the same rules of the road like all other drivers. This includes the duty to drive in a way that prevents harm from occurring to others they may encounter on the road. When a truck driver or the trucking company violates this duty, they could be held civilly liable for compensating the injured party.
A Pompano Beach truck accident lawyer could represent you in your fight against negligent truckers and their insurance companies. The dedicated personal injury attorneys at Kogan & DiSalvo could help with all stages of the process, from the initial stages of gathering accident and financial documentation to filing the claim to liaising with the defendants for a settlement.
Identifying the Defendant in a Truck Accident
The defendant in most truck accident injury cases is the party deemed responsible for the injury. If the driver of the truck is proven to be responsible by the plaintiff, they are legally liable for any damage caused to the plaintiff.
There may be a party other than the driver who is responsible for a trucking accident, however. Many truck drivers are employees of trucking companies or manufacturing firms. When this is the case, the parent company may be wholly or additionally responsible for any damage caused.
Once a plaintiff identifies the proper defendant, they should act quickly. The statute of limitations as defined in Florida Statute §95.11 states that all cases alleging personal injury must be filed no more than four years from the date of injury. A failure to meet this deadline could prevent the plaintiff from recovering compensation. Retaining a Pompano Beach truck accident lawyer early in the process could help ensure you meet all proper filing deadlines.
Necessary Elements to Proving Negligence in Pompano Beach
Negligence laws allow injured people to demand compensation from defendants. This specifically applies to cases where a claimant sustains injuries as the result of an accident caused by another person or entity’s negligence. In these cases, the plaintiff must prove:
- The defendant owed them a duty of care
- The actions taken by the defendant, or a failure to act, caused a breach of this duty
- The breach of duty resulted in an injury
The first and third points are based on the legal requirement for drivers of all vehicles to assume a “duty of care” whenever they get behind the wheel. This duty requires drivers to protect all other people they encounter on the road. This extends to other drivers, passengers, bicyclists, and pedestrians.
Thus, a plaintiff must provide evidence that the truck driver created an unreasonable risk of harm through their driving, therefore breaching their duty of care. The plaintiff must also produce evidence, such as medical documentation, showing that the injuries resulted as a direct result of the accident.
A police report indicating that the truck driver broke a law by speeding or perhaps failing to recognize a stop sign could provide evidence of negligence. In other cases, a plaintiff could establish negligence from circumstances occurring before the truck got onto the road, such as by showing that the truck was overloaded or the cargo was improperly secured.
Talk to a Pompano Beach Truck Accident Attorney
Truck accidents can cause serious injuries, especially for those injured as a result of the truck driver’s negligence. A Pompano Beach truck accident lawyer could work with you to demand a fair compensation for your injuries.
This can include compensation for not just medical costs, but also for any economic losses and mental anguish. Our lawyers could help you protect your rights by identifying the defendant or defendants and helping to establish a breach of duty. Contact our attorneys at Kogan & DiSalvo today to set up a free consultation to see what legal options you may have.