If you’ve been seriously injured or lost a loved one in a trucking accident, your lawsuit will most likely be brought against the company that owns the truck, in addition to the actual driver or the manufacturer of the vehicle and its parts. As such, you’ll need an semi-truck accident lawyer with experience winning complex cases against large and powerful defendants. As some of the best truck accident attorneys Miami, Palm Beach, and South Florida have to offer, our team at Goldberg & Rosen has a proven track record of helping deserving clients take on large trucking companies to recover full and just compensation for their injuries.
Are you eligible for a truck accident lawsuit?
In the state of Florida, you are required to carry at least $10,000 in Personal Injury Protection (PIP) insurance that will cover up to 80% of your injuries and 60% of your lost wages if an accident occurs. However, it’s unlikely that this coverage will be enough to pay for the total cost of your medical bills and lost wages as a result of a truck accident. If you have experienced more substantial injuries and damages, our truck accident attorneys will help you file a lawsuit to recover full compensation for the remainder of your losses. In addition, if you have lost a loved one due to a truck accident, you may be entitled to a wrongful death suit.
Types of truck accident lawsuits
The direction of your case, as well as the compensation you’re entitled to, will depend on your specific truck accident claim. Here are the three most common types:
To win a negligence lawsuit, your Miami truck accident attorney must be able to prove that the other party acted with negligence, the negligence caused the accident and the accident caused your injuries or losses.
If the driver of the truck acted in a thoughtless and/or careless manner that caused injury, death or harm to another individual, they may be held liable in a negligence lawsuit. Common examples of negligent behavior among truck drivers include:
- Lack of experience driving a truck.
- Overloading the truck.
- Improperly operating an oversized truck on a narrow road.
- Operating a truck with a substantial blind spot.
- Failing to follow traffic signs and laws.
- Failing to take appropriate breaks from driving.
- Failing to stop at weigh stations.
In many cases, truck accidents are caused by a vehicle default, such as faulty design, labeling or manufacturing practices. When this occurs, you may be able to bring a claim against the manufacturer of the truck or the manufacturer of the truck’s faulty parts. Expert testimony and analysis is required to win this type of case and prove that the manufacturer of the truck or its parts is liable.
If you’ve lost a loved one in a truck accident, your family may be entitled to financial and punitive damages through a wrongful death lawsuit. To win this type of case, you will need the assistance of an semi-truck accident lawyer who is vastly experienced in arguing these kinds of complex cases, and can prove that another person’s negligence caused the death of your loved one.
What damages can you recover?
Depending on the extent of your injuries, and whether or not the truck accident resulted in a death, you may be entitled to economic and non-economic damages, including:
- Medical expenses. This includes all past, current and future medical expenses, including ER visits, hospital care, medical devices, doctor’s appointments and more.
- Lost wages. If you’re unable to resume work normally following your truck accident, you may deserve to be compensated for wages you would have earned had you not been injured.
- Pain and suffering. This refers to the physical pain and suffering you have endured as a result of the accident, and will be determined by the nature and extent of your injuries.
- Mental anguish. Victims of truck accidents and their loved ones may also be entitled to compensation for any emotional suffering they’ve endured as a result of the accident.
- Loss of consortium. In some cases, the spouse of the victim may be entitled to damages, including a loss of companionship and sexual relations.
Schedule A Consultation
If you or a loved one have been the victim of negligence or misconduct, please do not hesitate to contact among the best attorneys Miami has available at Goldberg & Rosen today to receive expert guidance about your legal options, as well as a free and confidential case evaluation.