When someone gets into an accident with a commercial truck, it’s almost always the smaller vehicle that comes out worse. These trucks are massive and generate far more damage compared to other kinds of vehicles. That’s why drivers and their employers are required to carry larger insurance policies.
If you’ve been a victim of a truck accident, our personal injury lawyers in Melbourne can help you. SKG can get you compensation for the injuries, lost wages, and other damages you’ve suffered because of a trucker’s negligent driving. Here’s how.
Florida’s No-Fault Insurance and Truck Accidents
Florida is a no-fault insurance state. In these states, the first place to turn after any vehicle accident is your own insurance company. Your PIP coverage will pay for some of the damages you’ve suffered, but it may not be enough because of how damaging truck accidents can be.
Florida’s PIP coverage is unique because it will only pay up to 80% of your medical costs. You must cover the other 20%. Your health insurance may cover it, or it might not. There are also limits to how much you can receive in lost wages.
One more unique thing about Florida insurance is that you must have sustained a permanent injury to pursue a personal injury case for a car accident. If you haven’t suffered a permanent injury, you won’t have grounds to sue the negligent party.
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How do I Win a Truck Accident Lawsuit?
With the help of a Melbourne truck accident lawyer, you will need to prove four things to win a truck accident claim or lawsuit. The first three prove that someone else harmed you, and the last proves how much they should pay you so you can get justice.
Duty of Care
The duty of care is the reasonable care we owe other people when we’re interacting with them. Reasonable drivers want to avoid getting hurt in a collision, so they’ll follow the traffic laws and don’t act recklessly. All drivers have an automatic legal duty of care toward everyone else on the road.
Therefore, it’s simply proving who was driving the truck that hit you. If they were on the clock, their employer may also be liable since employers are responsible for their employee’s actions.
Breach of Duty
The second thing to prove is that whoever had the duty broke it and put others in danger. Breaking traffic laws is an obvious breach, but it can also be things like poor vehicle maintenance or an employer forcing unsafe work practices on their workers.
Police reports, time sheets, dash cams, and even black box recorders can give our lawyers evidence to prove a breach of duty happened and put you in danger.
We’ve all done negligent things while on the road, but not all of them cause an accident. They just have the potential to do that. The third thing we must show is that the breach of duty caused your accident. If these three things are proven, then negligence happened and we can hold the defendant liable.
What are they liable for? The costs you’ve suffered because of your accident are called damages. These are both economic, like your medical bills, and non-economic, like your pain and suffering. Along with proving negligence, part of our job as your Melbourne truck accident attorney is calculating the true costs of your damages.
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What Can I Get Compensated for After a Truck Accident?
Victims of truck accidents face incredible amounts of pain and disruption to their lives. They also take an enormous financial hit. Medical bills, car replacement, and lost time at work can deplete a family’s savings quickly. Compensation pays for these costs, known as damages in legal speak.
You can get paid for both economic and non-economic damages through a personal injury lawsuit. Adding up the value of all of your damages is an important part of your lawyer’s job. Once they know how much your case is worth, they can begin negotiating with the insurance company for a fair settlement amount.
If the insurance company decides they won’t want to pay what you’re owed, we’ll take them to court and let a judge and jury decide. Without the threat of court, insurance companies would force victims to take much smaller settlements. Hiring a Melbourne truck accident attorney is the surest way to get the most from your accident.
Is Hiring a Truck Accident Attorney Expensive?
Anyone can hire help from a truck accident lawyer in Melbourne even if they have no income. How is this possible? It’s because of our contingency fee system. You only pay us if you win your case and we only get paid from your settlement or award.
How much do we get? We take a percentage of whatever you win. The amount is based on the difficulty of your case. If we believe you have a case, we will explain what percentage we’ll take. The average for personal injury lawyers is around 33% but it can be higher or lower.
That may seem like a lot, but any competent lawyer can explain to you how they’ll get you more money than you would on your own even after the fee. No lawyer wants to leave their client with less than they deserve, and no lawyer deserves a fee if they cannot win.
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Contact The Schiller Kessler Group Now
Our attorneys know how hard truck insurance companies fight back against claims. You need the aggressive attorneys on your side. You need the Law Office of SKG to help you. To get started, call us for a free case evaluation and consultation.
We’ll explain your legal options and how we can help you. There is no obligation to use our services if you call us for a consultation. Let us give you the information to make a smart choice about how to proceed after your truck accident. Call us now.