An experienced Coral Springs truck accident attorney knows that when massive commercial trucks collide with another vehicle, they may cause catastrophic or fatal injuries. The cost of medical treatments, special equipment, and supportive services add up quickly. That is why hiring an experienced Coral Springs truck accident lawyer is crucial, especially if the injured person cannot work and contribute to the household.
A Coral Springs truck accident attorney from Kaiser Romanello, P.A., understands the unique complexities of these cases and how to get you and your family the compensation you need to move forward.
Don’t let a truck accident put you and your family into financial turmoil. Contact the legal team at Kaiser Romanello, P.A., to protect your rights.
Table of Contents
- Why Choose Kaiser Romanello, P.A., for Your Truck Accident Case
- How Common Are Truck Accidents in Coral Springs, Florida?
- What Compensation is Available to Truck Accident Victims?
- Do I have a Truck Accident Case?
- Who May Be Held Liable in a Truck Accident Case?
- How Can a Lawyer Help with My Truck Accident Claim?
- Contact the Coral Springs Truck Accident Lawyers at Kaiser Romanello, P.A., Today
Why Choose Kaiser Romanello, P.A., as Your Coral Springs Truck Accident Attorneys?
At Kaiser Romanello, P.A., we believe in putting our clients first. We want to hear your story, discuss the hardships your injuries have caused you and your family, and help you navigate the intricate web of your truck accident claim. Our dedicated personal injury attorneys have recovered millions of dollars in verdicts and settlements for our clients.
We can help you, too. Contact our personal injury law firm today to discuss your truck accident case in a free, no-obligation consultation. We’ll explain the pivotal role our truck accident attorneys can play in your journey to recovery and the unwavering dedication that defines our practice.
How Common Are Truck Accidents in Coral Springs, Florida?
According to the National Highway Transportation Safety Administration (NHTSA), traffic accidents involving large trucks injured 154,993 people and killed 5,788 in one recent year—an increase of 9 percent and 17 percent, respectively, over the previous year. A total of 373 truck accident fatalities occurred in Florida, making the Sunshine State the third-highest in truck accident fatalities behind Texas and California.
What Compensation is Available to Truck Accident Victims?
Truck accident victims may recover compensation, depending on the specific circumstances of the accident and the resulting injuries and losses.
Here are some common types of compensation available to truck accident victims:
Medical expenses: Truck accident victims can seek compensation for all medical expenses related to their injuries. This includes hospital bills, surgeries, doctor’s appointments, prescription medications, rehabilitation, and future medical treatment.
Property damage: You can recover compensation for repairing or replacing a damaged vehicle or other property. This may also cover the cost of personal items damaged or destroyed in the accident.
Lost earnings: If the victim cannot work due to injuries sustained in the accident, they can seek compensation for lost income. This includes past income lost during recovery and future income if the injuries result in long-term or permanent disability.
Loss of consortium: In some cases, the spouse or family members of a truck accident victim may be entitled to compensation for the loss of companionship, support, and care due to the victim’s injuries.
Pain and suffering: Compensation for physical pain and emotional suffering resulting from the accident and injuries may be available, but under Florida law, these damages are only awarded if the accident victim’s injuries result in:
- Significant and permanent loss of an important bodily function
- Permanent injury within a reasonable degree of medical probability
- Significant and permanent scarring or disfigurement
- Death
Wrongful death: Survivors of a loved one killed in a truck accident may seek compensation for funeral and burial expenses, loss of the decedent’s income earnings, and pain and suffering their loved one endured from the accident before their death.
Do I have a Case? Ask a Coral Springs Truck Accident Attorney
Negligence in a truck accident, like in any personal injury case, typically involves four key elements that the plaintiff (accident victim) must establish to prove that the truck driver or another party (defendant) caused the accident.
A Coral Springs truck accident attorney must prove:
- Duty of care: The first element is to establish that the defendant owed a duty of care to the plaintiff. In a truck accident case, this typically means demonstrating that the truck driver had a legal obligation to operate the vehicle safely by following all applicable laws and regulations. Truck drivers have a high duty of care due to the potential dangers of large commercial vehicles.
- Breach of duty: The next step is to show that the defendant breached that duty. In a truck accident, this may involve demonstrating that the truck driver failed to follow traffic laws, exceeded allowable driving hours, engaged in distracted driving, was impaired by drugs or alcohol, or otherwise acted negligently or recklessly while driving the truck.
- Causation: Then, the plaintiff must prove that the defendant’s breach of duty was the proximate cause of the accident and the resulting injuries. In other words, there must be a direct link between the defendant’s negligent actions and the harm suffered by the plaintiff. For a truck accident case, this could involve showing that the truck driver’s negligence, such as running a red light, directly led to the collision.
- Damages: Finally, the plaintiff must demonstrate that they suffered actual damages due to the accident. These damages include physical injuries, property damage, medical expenses, lost income, pain and suffering, and other losses. A personal injury claim requires provable damages.
Who May Be Held Liable in a Truck Accident Case?
Liability in a truck accident case may involve multiple parties you could hold responsible for the accident and resulting damages. The specific circumstances of each case will determine who you can hold liable, but here are some common parties who contribute to a truck accident case:
Truck Driver
The truck driver is often the first party you will investigate for liability.
Some examples of truck driver negligence that can lead to a truck accident include:
- Driver fatigue
- Speeding
- Distracted driving
- Driving under the influence of drugs or alcohol
- Driving without being adequately trained
- Failure to abide by traffic laws
- Following too closely behind other vehicles
- Improper lane changes
- Overloading or improperly loading cargo
- Negligent maintenance of the truck
- Road rage or driving aggressively
- Failure to exercise caution in inclement weather conditions
Trucking Company/Truck Owner
You can hold a trucking company or truck owner (if another entity owns the truck) liable for an accident their driver was in if the company:
- Negligently hired or retained a driver with a poor driving or safety record
- Failed to properly train the driver
- Encouraged or pressured a driver to violate safety regulations, such as driving beyond their hours of service
- Failed to keep trucks properly maintained
- Violated federal regulations
- Failed to enforce safety policies
To hold a trucking company liable for a trucking accident, a Coral Springs truck accident attorney will work to establish:
- The trucking company employed the truck driver at the time the accident occurred
- The truck driver was doing their work-related duties when the accident occurred
- The trucking company was controlling the truck driver’s work-related duties at the time of the accident
Manufacturers
You can hold manufacturers of trucks or truck components liable for a truck accident if you can demonstrate they sold a defective or unreasonably dangerous product that caused the accident. Product liability laws govern liability in such cases.
Cargo Loaders
You can hold a cargo loader liable in a trucking accident if the plaintiff can demonstrate that their actions or negligence in loading the cargo contributed to the accident. Negligence determines liability in such cases.
Here are some ways you can hold a cargo loader liable:
- Improperly loading cargo onto the truck, such as overloading it, improperly distributing the weight, or failing to secure the cargo properly, can make the truck unstable or difficult to control.
- Failing to adequately secure cargo can cause it to shift during transit, causing the driver to lose control of the truck.
- Loading cargo that exceeds the weight limits specified by federal or state regulations can affect its handling and braking capabilities.
- Failing to follow industry standards and safety regulations when loading cargo can be considered negligence if it results in an accident.
- Failing to document and keep up-to-date cargo records, including its weight and distribution, can make it difficult to prove the loading was done correctly and safely.
Maintenance or Repair Shops
You can hold a maintenance or repair shop liable in a truck accident if the plaintiff can demonstrate that their negligence or substandard repair work played a significant role in causing the accident. Liability in such cases often depends on negligence or product liability.
Here are some ways you can hold a maintenance or repair shop liable:
- Performing substandard or negligent repairs.
- Failing to perform routine and necessary maintenance.
- Failing to detect defects or safety issues.
- Using incorrect or substandard parts or components.
- Following improper installation or maintenance procedures.
- Failing to warn the vehicle owner of potential safety concerns or issues identified during a repair or maintenance.
- Keeping inaccurate or inadequate records of maintenance or repairs conducted on a vehicle.
Government Entities
You can hold government entities liable for a truck accident if you can demonstrate that their negligence or failure to fulfill their duties contributed to the accident because of:
- Failure to properly maintain roads
- Inadequate road design or signage
- Failure to address known hazards
- Malfunctioning or poorly maintained traffic signals
- Failure to implement safety measures
- Failure to comply with federal and state regulations regarding road safety
- Failure to manage and respond to accidents
How Can a Coral Springs Truck Accident Lawyer Help with My Truck Accident Claim?
A lawyer can play a crucial role in helping you with your truck accident claim.
Here are some ways our attorneys can assist you:
- Help you navigate the complex legal landscape related to truck accidents, including federal and state regulations governing commercial trucks.
- Investigate the accident to determine who is at fault, which is essential in establishing liability and pursuing a claim against the responsible party.
- Gather evidence, such as accident reports, witness statements, surveillance footage, and medical records, to support your claim.
- Work with accident reconstruction experts to recreate the accident scene and establish liability if necessary.
- Accurately assess the damages you’ve suffered, including economic and non-economic ones.
- Consider future medical expenses or ongoing care needs resulting from the accident.
- Maximize the settlement offer by presenting a strong case and leveraging their knowledge of insurance company tactics.
- Negotiate with insurance companies to ensure you receive fair compensation for medical bills, property damage, lost wages, and pain and suffering.
- File a lawsuit on your behalf and represent you in court if negotiations with the insurance company are unsuccessful or the offered settlement is inadequate.
- Ensure you meet all legal requirements in your case.
Contact the Coral Springs Truck Accident Lawyers at Kaiser Romanello, P.A., Today
If you or a loved one suffered injuries in a truck accident in Coral Springs, you need a lawyer who will advocate for your rights and interests against insurance companies seeking to minimize the compensation you need and deserve.
At Kaiser Romanello, P.A., we listen carefully to understand how your injuries have affected you and your family, and work tirelessly to get you the compensation you need.
Our lawyers work on a contingency fee basis, which means we only get paid if we recover compensation in your case. Contact the Coral Springs personal injury lawyer at Kaiser Romanello, P.A. today at (844) 877-8679 or through our online form for your free consultation, and let us explain how we can help you.