If settlement negotiations ultimately fail, a truck accident case could go to trial. Typically, this becomes necessary when an insurance company offers a lowball settlement or denies an accident claim outright. A Florida truck accident attorney can be instrumental in fighting for a settlement or judgment that fairly compensates you or a loved one for your injuries.
Before pursuing legal action after a truck accident case, keep the following in mind.
Every Truck Accident Case is Valued Differently
Depending on the circumstances of the truck accident, your case could be worth anywhere from thousands to millions of dollars.
An insurance adjuster will evaluate the following factors when determining the value of truck accident settlements:
- The severity of your injuries
- Current and future medical bills
- Whether you are permanently injured or disfigured
- Whether you missed work or will be unable to return to your current role
- Whether you or another party contributed to the accident
Further, as a no-fault state, Florida residents who register a vehicle must have Personal Injury Protection (PIP) insurance coverage. This insurance is designed to cover 80% of medical expenses up to a maximum of $10,000, regardless of who caused the crash.
Because a commercial vehicle crash has the potential to be catastrophic, your injuries may go well beyond what is covered under PIP. When the insurance company or another liable party cannot come to a fair settlement offer, you may need to file a lawsuit and go to court.
There Could Be More Than One Liable Party
When determining who will be responsible for paying for your injuries, a negligence and liability analysis must be conducted. The insurance company and your attorney will analyze the facts and may conduct an independent investigation to identify the party or parties responsible, including the following:
- Truck driver: If the truck driver’s actions were directly responsible for the accident, they will likely face full or partial liability.
- Trucking company: As an employer, the trucking company may be responsible for the driver’s actions. Additionally, there could be liability if the company was negligent in safety practices or hiring policies.
- Truck and parts manufacturers: If a defective truck or part caused the accident, the manufacturer could be held responsible.
- Service companies: Negligent or shoddy repair work leading to a crash could also make a service company liable.
- Cargo loaders: If improper loading of cargo caused the accident or exacerbated injuries, the cargo company could be on the hook.
- Municipalities: Poorly maintained roads, obstructions, or other hazards could cause an accident. A local, state, or federal government could be liable if they had a duty to ensure safe road conditions.
A Florida Truck Accident Attorney Can Help You Avoid Making Critical Mistakes
A lawsuit is not inevitable after a truck accident. In fact, only about 3-4% of personal injury cases actually go to trial. Before pursuing the lawsuit route, your attorney will provide critical guidance in these areas:
- Gathering evidence (including police reports, witness statements, photographs, etc.)
- Reviewing insurance policies
- Advising you on best practices, such as not allowing a recorded statement and abstaining from posting on social media
- Informing you of your rights and recommending a course of action
In the aftermath of a truck accident, it's normal to feel stressed or scared. Legal representation can give you confidence to fight for your rights. However, if the insurance company or trucking company refuses to pay a fair amount, rest assured that the attorneys at Warner & Fitzmartin are trial lawyers and will take your case to court if necessary.
Contact Our Florida Truck Accident Attorney Team
The steps you take immediately after a trucking accident can be important in achieving a favorable legal outcome. We recommend reaching out to a Florida truck accident attorney to discuss your various options.
At Warner & Fitzmartin, we have a successful track record of helping Florida truck accident victims. Contact us for a free consultation online or call 561-816-5602 to schedule a free consultation.