Important Facts for Your Truck Accident Claim
In the field of personal injury law car accidents are by far the most common type of claims made by an injured party. When you consider the sheer volume of drivers on the road, and the many factors that can go wrong, car accident injuries can be devastating, and at times even life-threatening. One of the most dangerous factors of any car accident claim is if the accident occurs with a large sized car or truck, especially an 18-wheeler making cross country deliveries. In these instances, no matter how sturdy your car is, the truck will undoubtedly be more powerful and is far more likely to cause injury and bodily harm. In the event you are harmed during a trucking accident, it is important to find a qualified truck accident attorney who is experienced in handling these types of claims as there are a variety of complex factors and intricacies that go into such a case. Land O’Lakes personal injury lawyer, Charles Spinner, Esq. is one of the foremost personal injury specialists in Florida, and in his many years practicing law, he has helped countless victims of truck accidents get the justice they deserve. By acquiring the services of a top-flight truck accident attorney, you will have someone to guide you and your loved ones through the crucial initial stages of the process. Because most large-scale trucks are owned by medium to large corporations the case will likely be brought against that company as opposed to the individual driver – and depending on the specifics of the accident, and the severity of your injuries, most trucking corporations will likely try to settle the case before trial. This is done to often entice the victim with a large cash settlement, that while substantial will be less than the amount they would likely win in court, but also saves both parties the drawn-out process of trial motions, and court fees associated with what would definitely a be a long trial.
In the state of Florida, due to the number of interstate expressways, there is a high volume of truck accident claims. As a top truck accident attorney Land O’Lakes personal injury lawyer, Charles Spinner takes a number of different factors into account when filing a claim such as this – but there are three specific factors that outweigh the others. The three main factors are severity of your injuries, the cost associated with that injury,Land O’Lakes Personal Injury Lawyer, and the level of negligence of the truck driver. These three factors are generally the starting point of determining the amount for a settlement. The drivers negligence is then broken down into a number of important points of negligence, including:
· Carelessness of lack of attention the truck driver paid.
· Tiredness or Sleepiness of the driver.
· If any traffic laws were violated during the act.
· If the truck itself had any issues or malfunctioned at all.
· If there were any other laws being broken, including trucking laws, such as illegal trailers, cargo, or products.
· Lack of training or experience of the driver.
· If the company had overworked this driver with an excessively long route, that may or may not have violated any labor laws.
Depending on these important factors, Land O’Lakes personal injury lawyer, Charles Spinner will be able to derive fault in the driver and the company he was working for. As long as your attorney can determine that the accident was the fault of the driver, the truck, or the company for which the driver worked, you will have a solid case. Then depending on how the injury sustained affected you, both financial and emotional, such as medical bills, future rehab, pain and suffering, lost wages, loss of future earning potential, and quality of life loss, includes loss of the ability to be a spouse, father, or relative in some capacity. In some cases, in which the victim dies, and their family is filing the suit, wrongful death must be taken into account but this is essentially a different type of case. Once these factors are all brought to the table, your truck accident attorney and the legal team of the truck driver and company, will come to some agreement on the settlement amount. Many of these settlements have been in the millions, with some totaling the hundreds of millions. If the accident was less severe, it may be in the hundreds of thousands, but generally large corporations will give you enough financial incentive to not pursue a case further. For more information on all manners of personal injury, contact Land O’Lakes Personal Injury Lawyer, Charles Spinner and the team at Spinner Law Firm today.