Proving Fault After a Truck Accident in FL
On Behalf of Rosenthal, Levy, Simon & Sosa | July 9, 2022 | Truck Accident Injuries
A motorist who drives carelessly and causes a crash must be held responsible for the resulting damages. When seeking compensation in a truck accident claim, your lawyer will work to collect evidence to prove the cause of the crash and determine who is at fault. To do this, your lawyer will investigate the causes and potential variables that contributed to the crash.
Why Proving Fault for a FL Truck Accident Can Be Complicated
Typically, drivers make reckless or careless errors that result in traffic crashes, which is the case for most road accidents. But more stringent regulations and requirements apply to truckers and their employers, which means that there are more circumstances for which their actions can be considered reckless or negligent. These typically include:
- Driving nonstop without rest
- Failing to get adequate sleep during a break
- Failing to secure their cargo well
- Failing to follow weight limits
- Not finishing a pre-trip assessment
- Not adhering to the rules and regulations made by the Federal Motor Carrier Safety Administration (FMCSA)
Moreover, cases like these are more complicated, given that the driver is usually not the only one liable for the crash. If this applies to your case, you can file a claim or bring a lawsuit against the trucker’s employer, which can be held vicariously liable for their employee’s negligent acts.
What Do You Need to Prove Fault for a Truck Accident?
When building a case for compensation against a liable party in a truck accident, you must act fast to collect the necessary evidence that will support your claim. Failing to do so may result in crucial evidence getting lost. When investigating the accident to prove fault, your lawyer may:
- Review the police report to search for any indication of fault.
- Visit and document the accident scene by taking videos and photos.
- Look for video footage of the truck accident, including from dashcams, traffic cameras, and surveillance video from nearby businesses.
- Obtain evidence and material from the trucking company, including the truck’s computer data or the driver’s records
- Interview and question any eyewitnesses
- Investigate the damage sustained by each vehicle
- Seek assistance from accident reconstruction experts to further understand how the crash occurred
Once your lawyer has determined how the liable party’s carelessness or negligence led to the truck crash, they can build a solid claim for the compensation you’re owed by documenting all your injuries, medical treatment, and accident-related expenses. This may involve the following:
- Cooperating with medical expert witnesses to learn about your prognosis, injuries, and future medical care needs
- Gathering all the documentation for your medical expenses
- Determining how much you need to replace or repair your vehicle
Depending on the specific circumstances surrounding your case, your lawyer may succeed in negotiating a settlement, but only if the insurance company is willing to pay you what you’re entitled to. Otherwise, your lawyer will take your case to trial to make sure that you recover the compensation you rightfully deserve.
Consult with an Experienced West Palm Beach Truck Accident Lawyer Now
Injured in a truck accident? Please contact Rosenthal, Levy, Simon & Sosa to get started on your claim. Contact us online or call 561-867-3859 to set up a free case review with our West Palm Beach truck accident lawyer.