The victim and their attorney can come up with a list of damages, and ask for any which are available under state law in a truck accident lawsuit.
Tavares, FL – As a general rule, anyone who has been injured by another driver can sue the person or their employer. In the case of trucks and commercial vehicles, it is usually the employer who is named as the defendant in the lawsuit. Civil negligence cases allow the victim to ask for various types of compensation to pay for their losses after a collision.
After a collision
After any kind of motor vehicle accident, the victim should file an insurance claim, report the accident, and then speak with a lawyer. This will start the insurance claim process and an accident investigation. In Florida, it is possible that losses may be paid for by the insurance company through a settlement, personal injury protection coverage, or a lawsuit may be necessary especially if the damage was severe. Legal advice from a local attorney is necessary to make this decision.
The type of case that is filed against trucking companies in most cases is for negligence. This can be due to mistakes on the road such as speeding or going through red lights, intoxicated driving, or the employer may be negligent if they did not check a driver’s background or follow the proper procedures to have their truck on the road legally with the proper credentials and permits. The plaintiff will need to use this kind of evidence to prove all of the elements of negligence to be successful. This includes a relevant duty of care, a breach of that duty, causation, and damages. When the lawyer for the plaintiff files the initial lawsuit, it will need to demonstrate through facts and legal argument how the defendant is responsible.
Adding up damages
The victim and their attorney can come up with a list of damages, and ask for any which are available under state law in a truck accident lawsuit. This process is easier if the victim has items such as medical bills and records, property repair estimates, and wage statements to prove their lost income. The attorney can also argue for compensation for non-economic losses related to pain, suffering, trauma, and lost quality of life.
In situations where the victim has long term health problems, cannot work for extended periods of time, or has life changing injuries, it is likely that their compensation will be much larger. Damages can grow to very significant amounts in cases where the victim is not able to continue to live as before the truck accident.
Help from a local truck accident attorney