Boca Raton Truck Accident Lawyer
Make sure you receive every penny that you’re owed after a commercial trucking accident by working with a Boca Raton truck accident lawyer.
Because 18-wheelers and other large commercial trucks are so much larger than passenger vehicles like cars, vans, and motorcycles, the injuries caused in collisions with these trucks can be devastating. But as traumatizing as the accident itself can be, sometimes what occurs in the aftermath can be nearly as bad.
This is because recovering from your injuries is almost certain to require extensive medical care, which is never easy to pay for. While you have a right to expect the at-fault party or their insurer to pick up the bill, this rarely happens without a fight. In many cases, you might even find that blame is pointed in your direction—all in the name of saving their profit margins.
A Boca Raton truck accident lawyer from the Law Offices of Casey D. Shomo can help you take these entities on and come out on top. Our firm delivers small-firm care coupled with extensive knowledge and experience, which enables us to get you the settlement you deserve from those responsible.
What Makes Boca Raton Commercial Trucking Accidents Complicated
The first hurdle to be overcome after a wreck with an 18-wheeler is identifying everyone who was responsible. Even if this seems blatantly obvious and straightforward, the commercial nature of these vehicles often means that multiple parties will be at fault. Identifying and naming all of these in your personal injury claim will be essential to getting full compensation for your losses.
Florida observes comparative negligence, which means that each party involved in an injury-causing accident is financially responsible for his or her share of the damages—and no more. If you only name one at-fault party in your lawsuit, you could be leaving substantial amounts of money on the table.
For example, the average semi-truck might have any number of people and companies involved in running and maintaining it: the driver, trucking company, maintenance company, cargo owner, and manufacturer of the parts and tires, just to name a few. Depending on their actions, any number of these parties might be financially responsible for a portion of your Boca Raton big rig wreck—and your settlement.
Find the Cause of the Semi-Truck Crash, Find Who Was at Fault
Identifying everyone who was negligent will require a full investigation into your wreck. Your Boca Raton truck accident lawyer will begin by visiting the scene of the accident and reviewing all available evidence, including accident reports, witness testimony, photos, video, and driver rest logs. By finding every contributing factor, we’ll be able to determine who should be named in your claim.
These are just a few of the potential causes that will need to be considered:
- Distracted Driving – Driver distraction is a huge issue today, especially with the invention of cell phones. Failure to pay attention to the road is a common reason that semi-trucks collide with other vehicles. When you’ve been seriously injured because a trucker was driving distracted, you deserve to be compensated.
- Drowsy or Fatigued Driving – Truckers are often on the road for long periods of time, and driving can be tiring or lead to sleepiness. That’s why there are very strict regulations on breaks for truck drivers, as well as rules on how long a trucker can drive in a day. If a trucker or trucking company violates these regulations, it can be held accountable for the injuries you suffer as a result.
- Intoxication by Drugs or Alcohol – Intoxicated driving is extremely dangerous and irresponsible, especially for truckers who are operating enormous vehicles. There is no excuse for intoxicated driving, and if that was the cause of your accident, you deserve full compensation for all the ways you’ve been harmed.
- Defective Part or Tire – Manufacturers are responsible for the products they create, and that’s why there are rules regarding the safety and testing of all products before they reach consumers. When a manufacturer fails to create a safe product, or ignores risks, it can be held liable for your resulting damages.
- Unsecured Cargo – A major risk to other drivers that share the road with semi-trucks is the cargo these large trucks are carrying. If a load comes loose for whatever reason, that can lead to devastating injuries for other drivers. In this instance, a trucking or loading company could be held responsible.
- Dangerous Road Conditions – The roads you drive on are maintained by the government, and that means that if the roadway itself caused your Boca Raton truck accident, you will need to sue the government to recover your losses. The government can be held liable for injuries, but understand that the damages you can recover will be capped.
Whether the tractor-trailer jackknifed or lost its load, multiple factors might have played a role. For instance, if the trucker was intoxicated and failed to correct his or her driving after hitting an especially bad pothole, both the driver and the government entity responsible for road maintenance might bear a percentage of the blame. However, the trucking company might also be at fault for negligent hiring if the driver had a history of drunk driving violations but was hired anyway.
FULL Compensation for Your Boca Raton Truck Accident Injuries
With all of the responsible parties named in your claim, it will be equally important to fully assess the value of your claim and the injuries you suffered in the 18-wheeler accident. Your Boca Raton truck accident lawyer will have the necessary experience to determine what a fair settlement amount will be, no matter what type of injury you suffered.
That said, your injuries will be the single greatest factor that influences what your claim’s ultimate value is. Some injuries take longer to recover from than others, while some wounds will have more noticeably negative effects on your quality of life.
By far, brain damage, spine injuries, and disfigurements are the injuries suffered in commercial trucking accidents with the most significant effects, both financial and otherwise. These injuries are often permanent, and even when they aren’t, they can require intensive medical care to recover from and result in lost time at work and strain on your personal relationships.
While truck crash injuries like broken bones, fractures, and burns might seem less serious, the effect they can have on your quality of life can be dramatic in the short term. They can also leave you with massive medical bills and other losses.
Dealing with the Insurance Companies
When you’ve suffered serious injuries in a commercial trucking wreck in Boca Raton, it’s unlikely that you will receive the compensation you need from the trucker alone. That’s one of the purposes of insurance—to protect people from liability in the event of an accident.
When you file a claim against the trucker, you’re actually filing it with the trucker’s insurance company. If the trucking company was also liable for your accident, then you can also file a claim with the trucking company’s insurer.
In a perfect world, you would file your serious injury claim, back it up with evidence of your damages and proof that the insured was at fault, and the insurance company would pay you everything you’re owed without question. We don’t live in a perfect world, however, and insurance companies don’t really care about your losses.
They care about their profits, and paying out on claims greatly reduces the amount of money in their bank accounts. For that reason, the insurance company will fight your claim in every way possible.
If insurers can come up with an excuse to lower the value of your claim, they will use it. That’s yet another reason to get help from a Boca Raton 18-wheeler accident lawyer. You need someone who can handle the insurance company on your behalf so you don’t get taken advantage of.
Negotiating with insurance companies isn’t easy in the best of circumstances, but if you don’t have the necessary experience, you’ll really be in over your head.
Listed below are just a few of the tactics commonly used by insurance companies to lower the value of Boca Raton truck crash claims:
- Offer you a fast, low settlement because they know you need the money to pay for medical expenses and missed work wages
- Call you and try to record phone conversations, hoping you’ll accidentally admit to partial fault for the truck accident and inadvertently reduce your payout
- Drag out the claim process, hoping you’ll become frustrated and give up
- Threaten you with going to court in an attempt at intimidating you into accepting an offer far beneath your claim’s true value
- Deny your injuries, claiming you sustained them in some other incident
Recovering Damages from Your Industrial Trucking Crash in Boca Raton
Whether they are a result of your injuries or the truck wreck itself, every financial expense and damage done to your quality of life should be compensated to you. Your Boca Raton truck accident lawyer will work with you and your doctor to assess your claim’s value so you can receive a settlement that covers all of your needs, both now and in the future.
The trucking company’s insurance is likely to make a lowball settlement offer at the outset, which is why it’s important to know what your claim is worth before entering into negotiations. These are just a few of the damages you might be able to recover compensation for:
- Current and future medical bills
- Lost wages, income, and earning potential
- Damage done to your vehicle or personal property
- Transportation and caregiver expenses
- Pain and suffering
- Emotional distress and permanent disfigurement
- Lost companionship
- Lost enjoyment of life
Boca Raton Truck Accident FAQ
Don’t worry if you feel like you have an endless number of questions after getting injured in a semi-truck accident. It’s completely normal, and your Boca Raton truck accident lawyer will be there to address all of your concerns. That being said, we’ve provided answers to a few of the more common questions here.
I think the trucker who hit me was asleep at the wheel, but how do I prove it?
Drowsy driving is one of the leading causes of commercial trucking crashes in Boca Raton and elsewhere. Drivers are only allowed to stay on the road for a limited number of consecutive hours and must maintain a rest log to show that they were in compliance. This log can be reviewed as evidence.
What if my no-fault insurance doesn’t cover all of the medical bills for my truck crash injuries?
The policy limits of personal injury protection plans tend to be far less than what will be needed after getting injured in a semi-truck accident. If your injuries meet the state thresholds, you can move beyond Florida’s no-fault system and sue the party at fault for the truck accident directly.
What do I do after getting hurt in a hit-and-run with a semi-truck?
This type of crash happens more often with tractor-trailers because the drivers are often unaware that they’ve hit someone. If the driver isn’t found, you might be able to file an additional claim with your own insurer if you have the appropriate provision in your policy.
Should I take the first settlement that’s offered to me for my Boca Raton truck crash?
Insurance companies care about one thing: money. They will do whatever they can to lower the payout they must make to you. They have many methods of doing this, but one of their most successful methods is to offer you a fast, low payout. They hope you’ll jump at the first offer because you desperately need the money to pay off expenses. You don’t have to accept this; instead, ask your attorney to review the offer.
Speak with a Boca Raton Semi-Truck Accident Lawyer
Don’t let a collision with an 18-wheeler or other industrial vehicle damage you financially as well as physically. The Law Offices of Casey D. Shomo can help you recover the compensation that you are rightfully entitled to from the at-fault parties. Attempting to handle a claim on your own is rarely in your best interest.
Filing a claim isn’t easy. It requires investigation, evidence-gathering, interviewing witnesses, careful collection of medical records, insurance negotiations, and sometimes a hard-fought battle in the courtroom. Without an attorney, your chance of a successful claim resolution may drop dramatically.
Finding out what your claim could be worth starts with a free consultation with a Boca Raton truck accident lawyer. To schedule yours, simply complete the form on this page or give us a call at 561-659-6366.