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Delray Beach truck accident lawyers are experienced in handling serious and fatal accidents on Florida’s roadways involving collisions with huge and unwieldy commercial tractor-trailer rigs. They weigh more than 10,000 pounds, compared to an average passenger car weighing about 3,300 pounds, like the Chevrolet Malibu.
Families may not think they are financially prepared to take legal action, but the Delray Beach truck accident lawyers at Kogan & DiSalvo will not charge a fee unless the case is won. Then the fee is a small percentage of the monetary damages claimed. To learn more or discuss whether you have the basis for a claim, contact an experienced accident attorney today for legal consultation.
Although the truckers are often professional big-rig drivers, these accidents can be caused by excessive speed, poor visibility, weather, and bad road conditions as well as drivers who are distracted, fatigued, or impaired. Poor training and supervision also may be a factor.
Even if a driver tries to avoid a collision, a rapid swerve may cause the truck’s load to shift, upsetting the balance and overturning the rig. Strong winds can also overturn these rigs.
The vehicle itself also may be at fault because of worn tires or brakes, steering issues, bad repairs, and manufacturing defects. The massive weight and size makes big-rigs difficult to handle and stop.
Accidents involving big-rigs can be catastrophic and fatal, and property damage to vehicles they hit can be extensive. Delray Beach semi-truck crash lawyers are here to help.
In Florida, truck accidents are adjudicated using the state’s modified comparative negligence standard. Negligence is legally defined as not using prudent care toward others or committing an act that such a person would not do. Personal injury cases must have this negligence basis.
The word “comparative” means that anyone who is assessed with some degree of fault cannot recover all of the damages incurred, up to 50%. If a person is 30 percent at fault, only 70 percent of the damages can be claimed. If a person is 51% or more at fault for their accident, they are barred from recovery entirely.
A Delray Beach attorney could help an injured party establish negligence following a serious accident with a truck. To prove negligence a lawyer must demonstrate:
Personal injury general and special damages are meant to place the injured person in the same financial circumstances had the accident not happened. Following a truck accident, a Delray Beach attorney may be able to fight for damages, such as:
If the accident was fatal, other damages, such as funeral expenses, apply.
The Delray Beach truck accident lawyer will develop three areas of evidence: 1) physical, from the injury itself and the accident scene, 2) documentary, from detailing all associated medical and other expenses, and 3) testimonial, from interviewing under oath all participants and any witnesses.
In some cases, it may be necessary to retain a professional accident investigator to reconstruct the accident. An expert witness may also testify about significant injuries, such as brain and spinal cord damages.
The lawyer will try to anticipate and challenge defense arguments and prepare the case for trial. If the case is settled, the experienced Delray Beach truck accident lawyer will try to negotiate a fair settlement that the client can approve.
If you are injured and unable to come to us,
our attorney will come to you - there is no charge for us to do so.