Collisions with trucks can result in severe injuries for the driver and any passengers in the vehicles. If you collide with a careless truck driver, a Miami construction truck lawyer at Chalik & Chalik Injury Lawyers may help you seek damages.
It is critical to move with speed because there is a limited period within which you can bring a claim seeking damages. Contact Chalik & Chalik Injury Lawyers at (305) 944-2035 for a free consultation and case evaluation.
Establishing Liability in a Trucking Accident
If you have been involved in an accident with a construction truck or other type of truck, you should speak to a qualified Miami construction truck lawyer as soon as possible. During your case evaluation, the lawyer seeks to establish the truck driver’s negligence by a preponderance of the evidence. This is just a fancy term used in civil trials, which means that there is more than 50 percent chance that the claim is valid.
To establish a truck driver’s liability in a trucking accident, a complainant must prove several things:
- The truck driver’s duty
- The breach of the said duty
- Causation between the said breach and the complainant’s injuries
- Actual injury or damages of the complainant
Many variables lead to truck accidents, and many ways that truck accidents can cause harm to pedestrians or other motorists. Some of them include:
- Collision with another motorist or a pedestrian
- Failure of the hydraulic mechanism of the truck, causing injury to a bystander or pedestrian
- Failing to secure loads on a truck properly
- Truckloads falling on pedestrians, bystanders, or other motorists
A truck driver must be extremely cautious about their movements around other motorists, especially when carrying loads on their trucks. A simple act of failing to pay attention can constitute a breach of the driver’s duty of care towards bystanders, motorists, and pedestrians.
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Investigation of Truck Accidents
Even before bringing a claim of personal injury or property damage due to a trucking accident, your Miami construction truck lawyer must carry out their investigations regarding the circumstances around the crash. In some cases, both the truck driver and owner may be liable, and in others, only one party may be responsible.
The lawyer investigating your claim must establish the following:
- Is the truck driver an employee of the trucking company?
- Was he/she performing an activity within the scope of their employment at the time of the accident?
- Was he/she qualified to drive the truck, including background checks and safety training?
If any of the above questions raise queries, the trucking company or owner of the truck is indirectly liable for the truck driver’s negligence. The truck owner has a duty to ensure that:
- The driver is qualified
- The driver has no history of accidents and has received sufficient safety training
- The driver follows the right safety procedures
- The truck is adequately maintained and in good condition
Sometimes, your lawyer may have to get experts to determine the real cause of a trucking accident. If the accident were a result of defective parts from the manufacturer, for instance, the Miami construction truck lawyer would bring a suit against the broken part’s manufacturer.
The truck driver will be liable for reckless or careless driving, speeding, or failing to look out for other passengers or motorists on the road. Many different factors differentiate trucking accidents from common crashes, such as:
- Site lines/blind spots and turning radius
- Being under the influence of drugs or alcohol
- Restfulness of the driver
- Load and weight restrictions
- Braking capacity
- Training and vehicle maintenance
As you can see, trucking accidents are a relatively complex area of personal injury litigation, but a Miami construction truck lawyer can handle your case. Call Chalik & Chalik Injury Lawyers at (305) 944-2035.
Chalik & Chalik Construction Truck Accidents Lawyer Near Me (305) 944-2035
Recoverable Damages in Trucking Accidents
In Florida, you have two years from the date of a trucking accident to bring your claim against a truck driver or owner. If someone died due to the accident, the deceased’s family have only two years from the date of death to bring a wrongful death lawsuit.
If you survive a trucking accident, you will likely have suffered severe injuries, some of which could be permanent or take a long time to heal. Common injuries include:
- Traumatic brain injuries
- Partial or total paralysis
- Permanent disability and disfigurement
- Broken bones
- Internal injuries
Many people who have been involved in trucking accidents are also left with emotional and mental scars in the form of anxiety and depression disorders, chronic insomnia, among others.
If you were in a trucking accident, the following are potential damages that you may be entitled to claim:
- Medical expenses for treatment and rehabilitative therapies related to the accident
- Loss of wages
- Loss of earning capacity
- Pain and suffering
- Wrongful death
- Physical impairment
- Loss of consortium
- Mental and emotional anguish
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Get Help if You Have Been in a Trucking Accident
If you have been in a construction truck accident, you may be entitled to compensation. Every case has its unique set of circumstances that determine the damages that you can claim.
Consider a Miami construction truck lawyer for help. Call Chalik & Chalik Injury Lawyers at (305) 944-2035 today for a free case evaluation.
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