Unfortunately, trucking companies and their insurers frequently undervalue these claims. If you receive a settlement offer (which is not guaranteed), it is likely to be less than your case is worth.

Experienced truck accident lawyers know what constitutes fair compensation after a collision with an 18-wheeler. Contact Kogan & DiSalvo for a free case review before settling your truck accident claim.

How Serious Are Your Truck Accident Injuries?

In Florida, you need to suffer what is classified as a serious injury to bring a fault-based claim against another motorist. This rule applies to any type of motor vehicle accident, including crashes involving semi-trucks.

Serious or significant injuries may include:

• Traumatic brain injuries
• Spinal cord injuries
• Bone fractures and orthopedic injuries resulting in permanent impairment
• Loss of a limb
• Burn injuries
• Severe damage to or loss of an internal organ
• Any injury that does not completely resolve

These and other injuries are the rule rather than the exception in truck accident claims. As a result, the compensation you may be entitled to is likely beyond what can be recovered through personal injury protection (PIP) insurance alone.

Ultimately, the evidence in your claim needs to show that the injury is permanent and significantly impacts your life. Fault-based claims are also allowed if you suffer “significant and permanent scarring or disfigurement.”

Additionally, surviving family members can pursue claims against drivers and other parties if an accident results in the death of a loved one. Compensation is recoverable in a wrongful death claim if we can prove that someone other than your loved one (such as a truck driver) was at fault for the accident that took their life.

What Damages Have You Sustained as a Result of the Truck Accident?

Once your right to bring a fault-based claim against the truck driver and any other liable parties is established, your attorney will calculate the total value of your losses. A complete understanding of the damages you have incurred is essential for determining if a truck accident settlement is fair. 

A potential settlement needs to compensate you fairly for your damages to date, as well as any losses you are expected to face in the future. These may include:

Medical Bills

Treating a serious or catastrophic injury can cost hundreds of thousands or even millions of dollars. Before you agree to settle, you need to ensure that the offered amount covers your medical expenses.

You may be entitled to compensation for the following costs related to medical care after a truck accident:

• Ambulance transport
• Emergency room treatment
• Scans and imaging
• Labwork
• Surgery
• Hospital stays
• Therapy and rehabilitation
• Medications
• Medical supplies
• Prosthetic and assistive devices

If you have to travel for medical care after the accident (such as for physical therapy, appointments with specialists, etc.), you may also be entitled to compensation for mileage and accommodations. If your injuries require home-based attendant care, you should also factor these costs into your truck accident claim as well.

Loss of Income

Victims of catastrophic injury are generally unable to work during the course of their recovery. In some instances, your injuries may permanently impact your ability to earn a living.

The settlement amount for a truck accident should cover (a) the wages you have lost to date and (b) the income, benefits, and other remuneration you would have earned were it not for your injuries. This latter category – known as loss of earning capacity – is frequently undervalued in settlement negotiations.

An experienced truck accident lawyer will review financial documents (such as pay stubs, tax returns, etc.) and consult expert witnesses to determine the value of damages for lost wages and loss of earning capacity. If a settlement offer is on the table, your attorney can advise you if the amount adequately covers the wages you have already lost as well as the financial burdens you will face from being unable to work.

Pain and Suffering

Pain and suffering is a broad category of personal injury damages that encapsulates a wide range of non-economic losses. Because these damages are not represented by line items on a bill or quantifiable like other economic losses, compensation for pain and suffering is frequently disputed in settlement negotiations.

A truck accident lawyer will evaluate all of the ways the truck accident has impacted your life. Based on the evidence, expert witness testimony, and more, you may be entitled to pain and suffering damages for the following:

• Physical pain and discomfort
• Depression
• Anxiety
• Post-traumatic stress disorder
• Loss of mobility
• Embarrassment stemming from scars and disfiguring injuries
• Loss of enjoyment of life

The defendants in truck accident claims (including trucking companies, insurance carriers, etc.) employ inexact methods for calculating the value of pain and suffering. For example, they might multiply your economic damages by a number representing the severity of your injuries or assign a daily cost to living with a serious injury or impairment.

Neither of these calculations is likely to capture the true toll of your injuries from the truck accident. You need a lawyer who can accurately evaluate the damages in your case and advocate for a better settlement on your behalf.

What Is the Average Payout for a Truck Accident?

A quick online search may reveal a host of figures that purport to tell you how much on average trucking accident victims are able to obtain. While it may seem helpful to know what other people in your situation recovered, average settlement numbers are often deceiving.

In reality, there is no “average” truck accident settlement you should expect. There are far too many unique factors in a given claim for someone else’s result to provide you with a meaningful insight on what constitutes fair compensation.

Promptly speaking to a truck accident attorney is the best way to find out the potential value of your claim. A knowledgeable lawyer will draw on relevant case law, the available evidence, and your specific damages to ascertain how much compensation to pursue for your injuries and damages in a truck accident.

How Liability Affects Your Truck Accident Settlement

One of the unique factors that makes truck accident litigation different from other claims involving vehicle accidents is the complexity of liability. Although the negligence of the truck driver may be the direct cause of the accident, many additional parties could be held liable as well, including:

• The trucking company that hired the at-fault driver
• The manufacturer of the semi-truck and/or its components
• The loading or shipping company

You can bring claims against any and all parties whose negligence contributed to the truck accident. In fact, your ability to recover maximum compensation depends on identifying and taking legal action against all of the parties responsible.

When more than one party is at fault, the defendants can only be held liable for the percentage of damages for which they are responsible. If you only bring a claim against one or a few (but not all) of the defendants, you will only be able to recover a portion of your damages. Insurance companies frequently capitalize on complex liability in truck accident claims to offer low-ball settlements and even dispute fault altogether.

Another important reason to investigate thoroughly and identify all potential defendants is to maximize the available insurance coverage. The insurance company (or companies) will not offer to settle for more than the amount of the policy. If your losses from the truck accident exceed an individual defendant’s coverage, you won’t be able to recover full compensation unless you bring claims against all of the liable parties.

What If I Was Partially at Fault for the Truck Accident?

It is crucial to be honest with your attorney about any actions on your part that may have led to the truck accident. Partial fault will limit the settlement you may be able to reach, but it doesn’t mean that you are barred entirely from compensation. Your attorney needs to know everything about the accident – the good, the bad, and the ugly.

That said, the defendants and their insurance companies will pounce on any error or admission of wrongdoing on your part to justify offering you a lower settlement (or no settlement at all). It is not uncommon for the other side to exaggerate these arguments in an effort to pay you as little as possible.

Without the guidance of an attorney, you might accept these claims at face value. In reality, however, you should never trust the word of an insurance adjuster or a representative for any of the liable parties. A truck accident lawyer will protect your rights and seek a fair settlement on your behalf.

Get the Compensation You Deserve for a Truck Accident

Most truck accident claims are settled out of court. While this is good news for those who have been injured or lost a loved one and just want to get on with their lives, it is important to ensure that any settlement adequately covers your current losses and provides you with sufficient support for the challenges you face in the future.

Commercial carriers, insurance companies, and other parties don’t calculate settlements this way. They want to pay the absolute minimum (or nothing at all). You need a lawyer on your side who can ensure that you will not be taken advantage of and that any settlement represents fair compensation.

For more than 25 years, Kogan & DiSalvo has been representing clients in complex trucking accident claims. In addition to negotiating favorable settlements, our attorneys are not afraid to take cases to court on behalf of our clients. The majority of our lawyers are Board-Certified in Civil Trial Law by The Florida Bar due to our experience and results in the courtroom.

Please call Kogan & DiSalvo at (561) 375-9500 today for a free case review. Our truck accident lawyers serve clients in West Palm Beach, Boca Raton, Fort Lauderdale, Boynton Beach, Stuart, Delray Beach, Vero Beach, Palm Bay, Tampa and throughout Florida.

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If you have been injured or lost a loved one in a truck accident, you need to make sure you choose a lawyer who can help you recover. Truck accident cases are complicated, and recovering fair compensation requires not only an in-depth understanding of the law but also extensive familiarity with the procedures, tactics, and strategies involved.

How do you make the right choice? Here are some of the key traits you should look for in a truck accident attorney:

1. Focus on Serious Accident Cases

The majority of truck accident claims center on serious and catastrophic injuries. As such, you need an attorney who has the experience, knowledge, and resources to navigate the challenges of these cases.

Catastrophic injuries can have long-term effects on your health, your ability to work, and your quality of life. An experienced lawyer will know how to quantify the expenses associated with these injuries as well as the non-economic losses you sustain.

2. Experience Handling Serious Truck Accidents

In addition to choosing a lawyer who focuses on serious accident cases, you will want to choose a lawyer who has particular experience handling commercial truck accidents specifically. Truck accident cases are unique in many respects, and relevant experience is crucial for making sure you have the best chance to recover maximum compensation.

3. Free Consultations

Any truck accident lawyer you choose should provide free consultations. Not only should your consultation be free, but it should also come with no pressure and no obligation. You should feel like you have the time you need to ask all of your questions, and you should not feel pressured to hire the lawyer if you decide you want to speak with someone else.

4. Contingency Fee Representation

Tractor trailer truck accidents and other personal injury claims are typically handled on a contingency-fee basis. This means that:

• You should not have to pay a retainer fee
• You should not receive monthly legal bills
• The law firm should advance the costs of pursuing your case
• You should not have to pay anything unless and until you receive just compensation

Charging an upfront fee or requesting a retainer may signal that the attorney you consult is inexperienced in personal injury law. Not only does this have an adverse effect on your finances, but it also means that the lawyer may be unable to recover the compensation you deserve after a truck accident.

5. Local Availability 

When you have a truck accident case, it is very important to choose a lawyer who is located in your area. This means having an office location (if not multiple office locations) nearby, and it means being able to come to you at your home or in the hospital if you are unable to travel.

Local lawyers know the areas where accidents occur, as well as the applicable laws and the courts where cases are heard. They are also known by the parties commonly involved in accident claims – namely the insurance companies. Attorneys and law firms with a history of success often build a formidable reputation in the community that enables them to achieve higher settlements for their clients.

6. Responsiveness 

If you need help after a serious or fatal truck accident, you cannot afford to wait. As a result, you should choose a lawyer who is responsive to your questions and concerns. This starts with the initial consultation.

Whether you call, fill out a contact form, or use online chat, the person on the other end should take your concerns seriously and strive to meet with you as soon as possible. A lackadaisical attitude is generally a sign to look elsewhere.

7. Makes You Feel Comfortable

A trait that often goes overlooked when looking for a truck accident lawyer is the ability to make you feel at ease. You will be working closely with your lawyer throughout your case, and the outcome of your case could very well impact the rest of your life. With this in mind, you should feel completely comfortable talking to your lawyer and you should feel confident that he or she can help you recover just compensation.

8. Access to a Team of Skilled Professionals 

Pursuing a truck accident claim successfully requires a team of skilled professionals. When choosing a lawyer in the aftermath of a truck accident, you want to choose a lawyer who works with other attorneys, case managers, investigators, and experts who can all help prove your right to a financial recovery.

9. Honesty About Your Expectations

Given the time and effort involved in pursuing a truck accident case, it is important to make sure you have reasonable expectations. An experienced truck accident lawyer will be able to provide an honest assessment of your potential recovery while clearly explaining everything else you need to know.

10. Commitment to Your Best Interests

Finally, when it comes to what to look for in a truck accident lawyer, one of the most important traits is a commitment to the optimal outcome in your case. You need to know that your lawyer is prepared to do what it takes to win, and that he or she is willing to fight to make sure you receive the results you deserve, including medical expenses.

Contact a Truck Accident Lawyer Today

Truck accidents can be devastating for victims and their loved ones. Given the serious physical, emotional, psychological, and financial toll, it is of the utmost importance to hire a knowledgeable lawyer to act on your behalf.

For more than 25 years, Kogan & DiSalvo has been representing clients in a wide range of accident and injury cases. We have recovered millions of dollars in verdicts and settlements while providing hands-on legal guidance and support.

Please call Kogan & DiSalvo at (561) 375-9500 today for a free case evaluation. Our truck accident lawyer serves clients in West Palm Beach, Boca Raton, Fort Lauderdale, Boynton Beach, Stuart, Delray Beach, Vero Beach, Tampa, Palm Bay, and other nearby areas of Florida.

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Truck accidents often result in serious injuries. Medical treatment and rehabilitation for serious injuries is expensive. These expenses are frequently exacerbated by truck accident victims’ inability to work  – sometimes permanently.

Given the costs involved in recovering from a truck accident, you may be wondering if you can afford to hire an attorney to handle your claim. With fair compensation for your injuries and losses on the line, you can’t afford not to have an experienced lawyer on your side.

It is in your best interest to speak to a knowledgeable truck accident lawyer as soon as possible after a collision with an 18-wheeler. Kogan & DiSalvo can help. Contact our team for a free consultation today.

What Is a Contingency Fee Agreement?

The majority of personal injury lawyers handle cases on a contingency basis. With a contingency fee agreement, clients pay their attorneys no upfront costs. Fees are contingent on the result of your case. Clients are generally only required to pay fees if a settlement is reached or a verdict is obtained at trial.

At Kogan & DiSalvo, we Guarantee it’s FREE if we don’t get you any money. We handle all cases on a contingency fee basis. If we achieve a favorable result in your case, you pay us a percentage of the recovered amount.

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How Contingency Fees Help Truck Accident Victims

If you have ever had to hire a lawyer, you know it can be expensive. Most attorneys who handle cases outside of personal injury law charge prospective clients for the initial consultation and then bill by the hour. Depending on the duration and complexity of your claim, these billable hours can add up quickly.

The thought of incurring such an expense when you already have bills piling up for medical care and other losses related to a truck accident can be overwhelming. Fortunately, attorneys handle personal injury and wrongful death claims on contingency precisely because the clients they serve are facing financial burdens.

Without contingent fees, accident victims may feel as though they can’t afford legal representation. This reasoning leads many victims to try to take on their own claims. Unfortunately, those without representation often settle the case for less than they deserve, or even walk away with nothing.

Hiring an attorney is crucial for the success of your claim, especially if you were injured or lost a loved one in a truck accident. You should contact a truck accident lawyer as soon as possible to protect your rights and understand your legal options.

Why You Need a Truck Accident Lawyer

Now that you understand how hiring an attorney is affordable, it is important to understand why seeking legal counsel is beneficial both financially and for your peace of mind.

First, truck drivers and trucking companies are often represented by large and powerful insurance carriers. These companies do not have your best interest in mind, and they will do whatever they can to underpay your claim. An attorney will protect your rights and interests, making it more likely that you will recover full and fair compensation for your losses.

Read More: Who Is Liable for a Truck Accident?

Second, the victims of truck accidents are often unaware of the full extent of compensation to which they are entitled. Loss of earning capacity, pain and suffering, and other damages are difficult to quantify on your own. Insurers often capitalize on this, offering minimal settlements with the expectation that uninformed claimants will take the money without pushing for more.

After thoroughly investigating all of your losses, a truck accident lawyer can build a strong claim for all of the damages you have sustained. Your attorney can also attempt to negotiate a fair settlement on your behalf.

Finally, a truck accident lawyer can take your case to trial if the liable parties and their insurers refuse to compensate you fairly. Your attorney will advance all of the costs and handle the time-consuming and expensive process of preparing for court. Although a favorable result cannot be guaranteed, you have a much greater likelihood of a successful outcome when you have qualified legal representation.

Read More: What Compensation Can I Get After a Truck Accident?

The decision to hire an attorney has a significant impact on the compensation you may be able to recover in a truck accident claim. The recovered money will allow you to pay your bills, make up for the income you lose, and cope with the other effects of your injuries.

Yes, your lawyer will charge you a percentage of the settlement or award. The portion of the compensation you keep, however, will enable you to afford medical care and more that can aid in your recovery.

Contact a Truck Accident Lawyer Today

Victims of truck accidents face a number of challenges in the wake of the crash. Choosing a qualified attorney should not be difficult.

At Kogan & DiSalvo, our team has the experience, resources, and commitment to service to represent you effectively in truck accident claims. The majority of our attorneys are recognized as Board-Certified Civil Trial Lawyers by The Florida Bar.

Due to the serious injuries and significant damages that occur in truck accidents, these cases have a high likelihood of going to trial. You need a lawyer well-versed in taking matters to court if you want to pursue full compensation for your losses.

For a free consultation, please call Kogan & DiSalvo at (561) 375-9500 today. Our truck accident lawyers serve clients in  West Palm Beach, Boca Raton, Fort Lauderdale, Boynton Beach, Stuart, Delray Beach, Vero Beach, Tampa, Palm Bay, and other nearby areas of Florida.

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Truck accident claims often involve significant damages. However, it can be difficult to know how much compensation you can recover for your injuries and the effect they have on your life.

An experienced Florida truck accident attorney can account for all of the damages in your claim and pursue the full compensation you deserve. Please contact Kogan & DiSalvo today for a free consultation.

Types of Compensation in a Truck Accident Claim

In Florida, many accident victims are limited to recovering partial compensation for just some of their losses due to the state’s no-fault motor vehicle law. Unless you suffer serious injuries in an accident, you are barred from pursuing a claim against the driver who caused the accident.

Catastrophic injuries are commonplace in truck accidents. As a result, it is important to understand the full extent of damages to which you may be entitled in a fault-based claim against the truck driver and other liable parties:

Economic Damages

As the name suggests, economic damages are the financial losses you experience as a result of an accident. They may include:

• Medical expenses: These include the cost of medical care for your injuries so far as well as the anticipated expenses associated with future treatments, therapies, etc.
• Lost wages: If you are unable to work while recovering from your injuries, you may be entitled to full compensation for the income you lose.
• Loss of earning capacity: If your injuries from the truck accident permanently prevent you from working, you can also pursue compensation for the wages you could have reasonably expected to earn over the course of your life.
• Costs you pay out of pocket: The exact nature and amount of these damages vary from case to case. Depending on your circumstances after the accident, you may be entitled to compensation for the following:
  • Assistive devices such as canes, crutches, wheelchairs, etc.
  • Hiring professionals to perform housework on your behalf
  • Hiring home healthcare workers
  • Travel to and from medical appointments

No-fault accident benefits (provided under your personal injury protection insurance, or PIP) pay for only a percentage of your medical expenses and lost wages. PIP insurance does not cover loss of earning capacity or out-of-pocket expenses.

If you are seriously injured in a truck accident claim, however, you can pursue a claim for all of the compensation you are due from the at-fault driver. This includes all economic damages and non-economic damages.

Non-Economic Damages

Non-economic damages in a truck accident claim encompass the losses that do not have a direct financial component. Although economic damages might make up a significant portion of your claim, non-economic damages tend to be even higher because of the widespread impact of serious injuries on a victim’s life.

You may be entitled to compensation for the following non-economic damages after a truck accident:

• Pain and suffering: Some injuries lead to chronic pain that can last a lifetime. These damages compensate victims for the physical pain they endure as a result of their injuries (at present and in the future).
• Emotional distress: Serious injuries can lead to issues such as depression, anxiety, post-traumatic stress disorder, and more. Compensation may be recoverable in a truck accident claim for the emotional anguish associated with your injuries.
• Scarring and disfigurement: Burns, amputations, and other serious injuries can leave scars and cause victims to become disfigured. Such drastic alterations in appearance carry a strong psychological component. If a negligent truck driver and/or other party caused the accident that led to your injuries, you may be entitled to compensation for the adverse mental and emotional effects.
• Disability: Brain damage, paralysis, and other injuries in a truck accident can permanently alter the way victims live their lives. Non-economic damages seek to compensate you for the inconvenience, impairment, and other effects of a disability caused by a truck accident injury.
• Loss of enjoyment and quality of life: The victims of serious injury may be unable to engage in favorite pastimes and activities that made their lives fulfilling. It is important to account for all of the ways the truck accident has affected your life (including hobbies, the ability to travel, etc.), as you may be entitled to compensation for these losses as well.

PIP no-fault accident benefits make no provision for these and other non-economic damages. However, in a fault-based claim involving serious injuries, there is no limit to the compensation you can pursue. Truck accident claims frequently involve non-economic damages due to the high probability of significant and life-altering injuries, scarring and disfigurement, and death (in the worst-case scenario).

Non-economic losses are more difficult to calculate than economic damages. An experienced truck accident lawyer can review your case and determine how much you may be able to recover.

Punitive Damages

Unlike economic and non-economic damages, punitive damages are not intended to compensate you directly for your losses from a truck accident. Instead, courts award these damages as a means of punishing and making an example of defendants who engage in malicious behavior or egregious misconduct.

In claims for punitive damages, Florida Statutes §768.72(2) “clear and convincing evidence … that the defendant was personally guilty of intentional misconduct or gross negligence.” This standard can be difficult to meet, which is why punitive damages are infrequently awarded.

Our truck accident lawyers will thoroughly investigate the crash to determine if the actions of one or more parties constitute gross negligence or intentional misconduct. If your case goes to trial, we will present any and all compelling evidence with the goal of recovering maximum compensation on your behalf.

Contact a Truck Accident Lawyer Today

Although it is helpful to know the types of compensation you can recover in a truck accident claim, the actual losses you have suffered are the most important factor in accurately calculating damages. There is no simple way to determine what your case is worth without knowing the circumstances of the accident and the damages you and your loved ones face as a result.

The attorneys at Kogan & DiSalvo understand the devastating impact of commercial truck accidents on victims and their families. We investigate the crash thoroughly, identify all of the liable parties, calculate the compensation to which you are entitled, and pursue full recovery of all damages in settlement negotiations and – if necessary – at trial.

Please call Kogan & DiSalvo at (561) 375-9500 today for a free case review. Our Florida truck accident lawyers serve clients in West Palm Beach, Boca Raton, Fort Lauderdale, Boynton Beach, Stuart, Delray Beach, Vero Beach, Tampa, Palm Bay, and other nearby areas of Florida.

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Claims involving semi-trucks and other commercial vehicles are no exception to this rule. However, liability for the accident may be shared by the negligent truck driver and one or more additional parties.

If you have been injured in a collision with a big rig, it is in your best interest to speak to a truck accident lawyer as soon as possible. Contact Kogan & DiSalvo for a free case review, or call (561) 375-9500 today.

What Is Truck Driver Negligence?

Negligent behavior behind the wheel can take many different forms. Given their additional training and the large vehicles they operate, we expect truck drivers to operate their rigs with greater skill and attention than the drivers of passenger vehicles. Unfortunately, this is often not the case.

Common examples of negligence in truck accident claims where the commercial driver is at fault include:

• Distracted driving
• Speeding
• Improper braking (i.e., braking too fast or not allowing enough room to brake)
• Failure to signal turns
• Errors in turning the truck
• Running stop signs and red lights
• Reckless driving
• Driving while fatigued
• Aggressive driving (e.g., weaving in and out of traffic, following another vehicle too closely, etc.)
• Driving under the influence of alcohol or drugs (prescription or illegal)

Any of these errors may be at issue in a car accident claim or other case involving a motor vehicle. However, negligence on the part of the truck driver may also involve the violation of specific regulations governing the conduct of truckers and other commercial operators, including:

• Failure to inspect the rig prior to and during the course of a haul
• Exceeding the hours of service limits (the federal rules that require commercial drivers to take breaks of designated lengths after driving a certain number of hours)
• Failure to inspect and/or secure cargo in the course of the haul

No matter the cause, the driver is the first person your attorney will look at in building a truck accident claim on your behalf. A full investigation is necessary to determine how the negligence of the truck driver (and/or any other parties) led to the accident.

Proving Negligence on the Part of a Truck Driver

Although any accident investigation can be complicated, gathering evidence in a truck accident claim is especially complex. The cause of the crash is often not limited to the actions the driver took and/or did not take in the moments immediately before and during the collision.

Evidence that may support your claim against the truck driver includes:

• Photographs of the accident scene, including skid marks, damage to nearby structures, etc.
• Witness statements concerning the conduct of the truck driver
• Video footage of the accident
• Photos and forensic examination of your vehicle and the truck
• Review of data from the “black box” (electronic data recorder) on the truck

These and other types of evidence may reveal the “how” of the accident, such as that the truck driver was speeding, that the trailer was overloaded, and/or that a part on the rig malfunctioned. However, the “why” in truck accident claims is often just as important (if not more so) than how the accident occurred.

For example, negligence on the part of the truck driver may proceed from issues such as inadequate training. If the driver has a history of infractions (including driving while intoxicated, accidents, etc.), meanwhile, this raises questions about whether he or she should have been operating a rig in the first place.

For all of these reasons, your truck accident lawyer should fully investigate the trucker AND his or her employer. Company records may reveal negligence on the part of one or more additional parties, including issues such as inadequate employment screenings, errors in supervising drivers, failure to maintain the truck, systemic hours of service violations, and more.

Does the Florida No-Fault Law Apply to Truck Accident Claims?

In Florida, the victims of motor vehicle accidents have a limited right to sue. Unless the accident results in a serious injury or death, questions of fault and liability are generally not at issue.

However, the difference in size and weight between a semi and most other vehicles on the road means that the majority of truck accidents result in serious injuries. Fatalities are also not uncommon.

As a result, fault-based claims are fairly common in the event that a semi-truck collides with another vehicle. To recover compensation for serious injuries (or wrongful death, if your loved one died in the accident) in a truck accident, you must prove that the truck driver was at fault for the accident.

It is in your best interest to contact a truck accident attorney to build a strong claim on your behalf. Along with collecting evidence of fault on the part of the truck driver, your lawyer can investigate to determine if the trucking company and any other parties are liable for your injuries.

Contact a Truck Accident Lawyer Today

Liability is a complex issue in trucking accident claims. Although the driver of the truck may be directly at fault for the accident, it is important to identify all of the liable parties in your case to recover the full compensation you deserve.

Kogan & DiSalvo has more than 25 years of experience representing clients in complex truck accident claims. Our attorneys have earned millions of dollars in verdicts and settlements on behalf of those who have been injured or lost family members due to the negligence of truck drivers and commercial carriers.

Please call (561) 375-9500 today for a free case review. Our truck accident lawyers serve clients in West Palm Beach, Boca Raton, Fort Lauderdale, Boynton Beach, Stuart, Delray Beach, Vero Beach, Palm Bay, Tampa and throughout Florida.

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However, tractor-trailers are not the only type of commercial vehicle with which you may be involved in a collision. A number of commercial vehicles travel Florida roads every day. If you have been injured or lost a loved one in an accident with a commercial vehicle, it is important to know that you have rights.

Some of the most notable types of claims a commercial vehicle accident attorney handles include:

Box Truck and Delivery Van Accidents

Though generally smaller than 18-wheelers, vans and trucks used for local deliveries still tend to be larger and heavier than most passenger vehicles. Drivers are often subject to tight, sometimes unrealistic deadlines, which can lead to speeding and other errors that increase the likelihood of a crash.

In an effort to save money and reduce liability, some freight companies may misclassify delivery drivers as independent contractors rather than full employees. An experienced commercial vehicle accident attorney will investigate the company and present evidence that the driver and his or her employer should be held liable in the event of a crash.

An employer may also be liable if drivers use their own vehicles to deliver food and other goods. Your commercial vehicle accident attorney will investigate to prove (a) that the driver was working at the time of the accident and (b) that the employee’s negligence resulted in your injuries.

Bus Accidents

Buses may be operated by a municipality (i.e., a city or the state) or by a private company. If your bus accident claim involves a public employee, you must provide notice of your intent to initiate legal proceedings before you can sue. An experienced bus crash attorney can help you navigate the procedures involved in public liability claims, as well as cases against a private bus company.

Construction Equipment Accidents

Most accidents with heavy equipment occur in construction zones. If the road is not properly blocked off or rerouted to minimize contact between through traffic and construction crews, machines such as pavers, graders, rollers, and more may collide with passenger vehicles.

However, drivers may also share other parts of the road with machines used in construction. Cement mixers, dump trucks, and other vehicles often travel from one job site to another. They frequently carry heavy, unstable cargo, which may put other drivers in harm’s way in the event that the vehicle overturns or objects and materials fall off of the truck.

Hotel Shuttle Bus and Van Accidents

Florida is home to a large number of hotels, resorts, and attractions. It is not uncommon for these businesses to employ drivers who move guests to and from various locations so they can see the sights and get the most from their stays.

Unfortunately, shuttle drivers don’t always exercise sufficient care in the operation of these large buses and vans. Passengers and the occupants of other vehicles may be injured in accidents. If this happens, the hotel or another business may be liable.

Moving Van Accidents

Many people also make Florida their permanent residence. Transplants have multiple options for transporting their possessions, from renting a truck or van themselves to hiring a professional moving company.

If you are injured in an accident with a moving van or truck, you may have recourse to multiple insurance coverages for payment of damages. Those who rent a vehicle have the option to purchase supplemental insurance coverage, while a moving company should carry commercial liability insurance.

Rideshare Accidents

This emerging area of litigation concerns accidents involving private vehicles used to transport passengers for fares. Legally, drivers are not “employed” by companies like Uber and Lyft. As a result, you are generally unable to file a claim against the rideshare company, even if you sustain serious injuries in an accident.

However, rideshare companies do provide their drivers with supplemental insurance coverage. In the event of a rideshare accident (provided the rideshare driver is “on the clock” at the time), you may be entitled to compensation through the at-fault driver’s personal insurance policy, as well as additional insurance coverage through a company like Lyft or Uber.

Tanker Trucks

These large trucks can carry a wide range of hazardous liquids and gases. Fires and explosions may occur in the event of an accident, creating a significant risk of burn injury for the occupants of any vehicles involved in the collision.

Taxi Accidents

Contrary to rideshare drivers, taxi drivers, town car drivers, and limo drivers are generally employees of a company that owns and operates a fleet of vehicles that transport fares. As a result, you can generally pursue compensation both from the at-fault driver and his or her employer in the event of a crash resulting in serious injuries.

Unfortunately, in some cases the companies that operate for-hire vehicles (taxis, limos, town cars, etc.) carry insufficient insurance coverage to compensate victims for their losses in the event of an accident. An experienced commercial vehicle accident attorney can explore all of your options for recovery.

Contact a Commercial Vehicle Accident Attorney Today

Kogan & DiSalvo has been serving clients in motor vehicle accident cases for over 25 years. Our attorneys and staff pride themselves on raising the bar, providing you with experienced legal guidance, hands-on support, and a focus on achieving the best result for your case.

Florida is a no-fault accident state. However, the large size and weight of commercial vehicles often means that collisions with passenger vehicles result in serious injury. If you are seriously hurt (or a loved one was killed) and the negligence of the commercial driver resulted in the accident, you may be entitled to full compensation through a fault-based claim against one or more parties.

For a free consultation, please call Kogan & DiSalvo at (561) 375-9500 today. Our commercial vehicle accident attorneys serve clients in West Palm Beach, Boca Raton, Fort Lauderdale, Boynton Beach, Stuart, Delray Beach, Vero Beach, Palm Bay, and throughout Florida.

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This is not the only point of contrast, however, between car and truck accidents. Truck accident claims are often significantly more complicated than cases involving cars and other motor vehicles.

It is in your best interest to contact an experienced accident lawyer as soon as possible after any vehicle collision. For more than 25 years, Kogan & DiSalvo has been serving clients in auto and truck accident claims throughout Florida. Please call (561) 375-9500 today for a free consultation with our lawyers in West Palm Beach, Boca Raton, Fort Lauderdale, Boynton Beach, Stuart, Delray Beach, Vero Beach, Palm Bay, and other nearby areas of Florida.

1. Truck Accidents Typically Involve Serious Injuries

Accidents involving cars and other motor vehicles may result in no injuries, minor injuries, or serious injuries. By comparison, catastrophic injury is a common outcome when a large commercial truck strikes a smaller vehicle.

Catastrophic injuries commonly require extensive medical treatment, including hospitalization and surgery. Many victims need long-term or even lifelong therapy and rehabilitation, as well as home care assistance.

The damages from these injuries, from medical and out-of-pocket expenses to lost income from being unable to work, are often immense. Generally, catastrophic injuries meet the “serious injury threshold” in Florida, in which case you can file a fault-based claim to recover full compensation beyond what is covered by your personal injury protection (PIP) insurance.

However, meeting the serious injury threshold (as defined by The Florida Statutes Section 627.737(2)) does not guarantee fair compensation from the party responsible for your injuries. It is important to work with a lawyer who knows how to handle catastrophic injury claims, including gathering evidence of your injuries, hiring experts to provide testimony, and accurately calculating the full value of damages in your case.

2. Multiple Parties May Be At Fault in a Truck Accident

Because of the Florida no-fault law, questions of liability often don’t apply in a number of auto accident claims. When they do (as in an accident that results in serious injury or wrongful death), determining fault generally rests on whether one or more of the drivers was negligent.

This same question is critical to truck accident claims as well. However, a number of additional parties may also be liable for your injuries or the death of your loved one in an accident with a semi-truck.

Every truck accident investigation begins with a careful assessment of the actions of the truck driver leading up to the crash, as well as his or her licensing and credentials, training, and driving record. This investigation may reveal errors or wrongdoing on the part of the truck driver that supports your fault-based claim.

The investigation may also reveal wrongdoing on the part of the trucking company, such as hours of service violations (where the company forces the truck driver to work past federal limits) and negligent hiring and supervision practices. If these issues were a factor in the accident, the trucking company may also be liable.

Other parties that may be liable in your truck accident claim include:

• The shipping company, if the truck was overloaded, off-balance, or if cargo was unsecured or improperly secured.
• A vehicle or parts manufacturer, if a defective product on the truck caused it to crash.
• A truck broker (the “middleman” that hires truck drivers and trucking companies for hauls); brokers may fail to do due diligence in hiring a driver or company.
• A government entity, if negligent construction or maintenance of a road was a factor in the truck accident.
• Sometimes truck drivers narrowly avoid a collision with one vehicle only to crash into another. If this is the case in your truck accident claim, the driver who caused the near-miss accident may be partly at fault.

Identifying all of the at-fault parties in a truck accident claim requires prompt and thorough investigation. To recover the compensation you deserve, you need a lawyer with the resources and acumen to uncover the cause of the accident and build a strong claim (or claims) against those responsible.

3. Truck Accident Litigation Is Complex

The extent of the damages and issues of complex liability both tend to make truck accident claims more challenging than other auto accident cases. Further complicating matters is the entrenched position of the insurance company (or companies), which will try to pay as little as possible in compensation.

Generally, fault-based claims after a truck accident are resolved in one of two ways:

1. Settlement Negotiations
2. Jury Verdict

You need an experienced attorney to handle both of these avenues for resolving your truck accident claim.

Negotiating a Truck Accident Settlement

After filing an accident claim with the truck driver’s insurance company and/or the insurance carrier for the trucking company, you may receive an offer to settle your case. Or, your claim may be denied.

If you receive a truck accident settlement offer, you should speak to a lawyer before signing. The settlement may cover a portion of your current expenses, but insurance companies don’t always calculate the damages specific to your case. Most settlement offers don’t accurately account for future expenses or non-economic damages like pain and suffering.

Before accepting a settlement, you need to make sure it fairly compensates you for all of your losses. A truck accident lawyer can calculate the damages in your case, advise you of your options, and negotiate with the insurance company on your behalf to secure a more favorable settlement.

If your truck accident claim is denied and the insurance company refuses to compensate you, your lawyer can help you dispute the denial. The first step is reviewing the letter that explains why your claim was denied and collecting evidence to support your right to compensation.

Your lawyer can prepare a demand to the insurance company outlining the facts of the case and your losses, and why you should be compensated for them. Negotiation between your lawyer and the insurance company is often necessary to resolve your claim, with some cases proceeding through arbitration or mediation (types of alternative dispute resolution designed to handle disputes without going to court).

Taking a Truck Accident Case to Trial

If the insurance company will not agree to a fair settlement in your truck accident claim, you may need to file a lawsuit in an effort to recover the compensation you deserve. Hiring an experienced lawyer is crucial for taking matters to court.

Your attorney will handle all aspects of preparing your case for trial, including:

• Filing motions to introduce evidence
• Submitting written questions to the opposing party (or parties) to gather information
• Issuing letters of spoliation to the opposition requiring the preservation of records and other evidence
• Obtaining witness testimony
• Hiring experts to review and provide testimony concerning your injuries, your damages, and the evidence in the case (e.g., assessing the semi truck, reviewing black box data, etc.)
• Developing a legal strategy and arguments in support of your case

During the trial, your lawyer will introduce evidence, examine witnesses, raise objections, and make your case before the jury or judge. Before and/or during trial, one or more of the at-fault parties may attempt to settle the case. Your attorney can resume these negotiations and advise you of any potential settlement offers.

Many attorneys and law firms shy away from taking cases to court due to the time and expense involved. It is important to work with a lawyer with experience handling cases in court and winning – such as a Florida Bar board-certified civil trial lawyer from Kogan & DiSalvo.

Contact an Accident Lawyer Today

Whether you have been injured or lost a loved one in a car accident, a truck accident, or a crash with another type of motor vehicle, it is important to contact an experienced lawyer as soon as possible. At Kogan & DiSalvo, our attorneys exceed the expectations of clients both in the results we achieve and the quality of service we provide.

Read Our Client Reviews.

Our team is 100 percent committed to personal injury law, including accident claims involving trucks, cars, and more. Please call (561) 375-9500 today for a free case review.

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Unlike most vehicle accident claims, the driver may not be the only one responsible in a collision with a big rig. If you have been injured or a loved one was seriously hurt or killed in a tractor trailer crash, our experienced truck accident lawyers can investigate on your behalf and pursue fair compensation from all of the liable parties.

For more than 25 years, Kogan & DiSalvo has been raising the bar in helping clients achieve the results and peace of mind they deserve. Please call (561) 375-9500 today for a free consultation at our offices in West Palm Beach, Boca Raton, Fort Lauderdale, Boynton Beach, Stuart, Delray Beach, Vero Beach, Tampa, and Palm Bay.

Liable Parties in a Truck Accident Claim

Commercial trucking is a complex industry with countless individuals and companies involved in the transportation of goods. The negligence of one or more of these parties can result in an accident; the key to recovering full compensation in your claim is determining all of the parties at fault.

Our truck accident lawyers will thoroughly investigate the crash on your behalf. The following parties may be liable for damages:

The Truck Driver

We will first examine the actions of the driver of the semi. The same errors we see in other auto accidents may also be a factor in your truck accident claim, including:

• Distracted driving
• Speeding
• Following another vehicle too closely
• Running red lights and stop signs
• Errors while changing lanes or merging into traffic
• Aggressive driving
• Driving while fatigued
• Driving while intoxicated (alcohol and/or drugs)

When we’re on the road with a semi truck, we assume that the driver has the qualifications and training to operate the rig safely. Unfortunately, errors, lapses in judgment, and lack of attention are all common causes of truck accidents.

The Trucking Company

The company that employs the truck driver might also bear a significant portion of the liability for an accident. Although the driver is responsible for safely operating the rig, the company is responsible for many other aspects of the safety of the truck, including:

• Hiring qualified drivers (i.e., those with a valid commercial driver’s license, no history of drug and alcohol citations, no record of serious accidents, etc.)
• Ensuring that the truck and/or trailer is in safe operating condition (sometimes one company or an independent operator owns the truck while another party owns the trailer; our lawyers investigate all parties with a stake in the vehicle)
• Monitoring drivers to ensure they comply with state and federal regulations (i.e., hours of service, inspection of the truck, etc.)

Commercial trucking is big business. As with so many businesses, trucking companies often prioritize profit ahead of safety.

Negligence on the part of trucking companies often involves violations of the regulations issued by the Federal Motor Carrier Safety Administration, including bad hiring practices, failure to supervise drivers, pushing drivers to work beyond safe limits (hours of service violations), and more. Tragically, the carelessness of these companies is often the root cause of trucking accidents, with errors on the part of individual drivers often reflecting a much broader problem.

The Shipping Company

Loading a semi truck is a specialized procedure. Shipping companies must take into account the maximum weight of the truck, the distribution of weight on the axles, and securing cargo so it does not move during transit.

Our truck accident lawyers will investigate to determine if the company that loaded the tractor trailer was negligent. You may be entitled to compensation if you were injured in a tip-over or rollover accident with the big rig, or if unsecured cargo fell into the road and caused you to crash.

A Vehicle or Parts Manufacturer

Trucking companies and the mechanics and service centers with which they contract are responsible for maintaining and making repairs to the trucks in their fleet. However, if a rig or one of its parts is faulty, the company responsible for the product may also be liable.

Product liability claims involving defective truck components may center on issues such as:

• Design defects that make the part or the entire vehicle itself unsafe
• Manufacturing errors where the defect is introduced through faulty production or assembly
• Failure to warn of a potential hazard – companies must place labels and/or include warnings in the instructions notifying consumers of dangers that may occur in the normal use of the product

Designing, manufacturing, and distributing vehicle parts generally involves multiple companies. Therefore, our truck accident lawyers may pursue compensation from multiple parties in your defective product claim.

Truck Brokers

In the trucking industry, brokers connect companies that need to transport goods with the drivers and companies that carry freight. Brokers are trusted to exercise discretion in hiring a trucking company or owner-operator who can competently and safely deliver the goods.

The broker may be liable in your truck accident claim for failing to verify the safety record of the truck driver and/or his employer. Brokers are also responsible for ensuring that the driver and/or company has sufficient insurance coverage.

Other Liable Parties in a Truck Accident Claim

Parties outside of the trucking industry may also be liable in accident claims involving tractor trailers. Generally, these cases arise when the negligence of a third party causes a truck driver to lose control of the rig, resulting in a crash.

Examples of third-party liability in truck accident claims include:

• Defective or dangerous roads: A government entity may fail to maintain a road properly, increasing the risk of accidents.
• Errors on the part of another driver: The careless driver of another vehicle may cause the truck driver to crash or lose control of the truck, resulting in the collision that causes your injuries.
• Improper construction zones: Construction companies performing road work and other jobs that disrupt traffic have a responsibility to warn motorists of reduced speed, lane closures, and more. If they fail in this duty and an accident involving a semi truck occurs, you may be able to pursue a claim against the construction company.

The only way to identify all of the at-fault parties is to work with an experienced truck accident lawyer. Our team has decades of experience and extensive knowledge pursuing full compensation on behalf of clients in complex trucking accident claims.

Truck Accidents and the ‘No-Fault’ Law

You may be asking yourself why we have talked about who is at fault for a truck accident when Florida is a no-fault state. While it is true that in many vehicle accident claims your personal injury protection (PIP) insurance policy is the main (and perhaps only) option for compensation, exceptions under Florida law make it highly likely that you will be able to pursue a fault-based claim against the truck driver, trucking company, and other liable parties.

In Florida, drivers are required to carry a minimum of $10,000 in PIP coverage. As anyone who has been in a serious accident can tell you, $10,000 does not go very far in compensating you for medical expenses, lost wages, and other economic damages.

The economic damages in a truck accident claim frequently exceed $10,000. In addition, truck accidents often result in permanent injuries.

Both of these scenarios constitute exceptions to Florida’s no-fault law. Therefore, you will generally be able to recover the full extent of damages in your truck accident claim, rather than relying solely on your PIP insurance for compensation.

Contact Our Truck Accident Lawyers Today

Time is of the essence after any truck accident. Key evidence may be lost, and records that reveal negligence or wrongdoing may be discarded. With this in mind, it is important to contact a truck accident attorney as soon as possible to begin building your claim.

At Kogan & DiSalvo, we know that the clock starts ticking on your case right away. We also understand the pain, confusion, and worry you and your family are experiencing. When you work with our team, you can feel secure and confident in the knowledge that we will always act in your best interest and pursue the maximum compensation you deserve.

Please call (561) 375-9500 today for a free case review. Our truck accident lawyers serve clients in Boca Raton, Boynton Beach, Fort Lauderdale, West Palm Beach, Stuart, Delray Beach, and all of Florida.

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Direct financial cost damages, specific to value amounts lost due to the accident:

• Medical bills
• Lost wages
• Physical rehabilitation
• Employment re-training or loss of earning capacity

Indirect financial cost damages, non-specific for hard-to-calculate amounts:

• Pain and suffering
• Emotional distress
• Relationship distress (loss of relationship or ability to have children)
• Loss of an extremity
• Wrongful death

In addition to these types of damages, there are sometimes punitive damages imposed by the court on especially careless defendants designed to punish the defendant and deter others from doing the same thing in the future.

Call our personal injury attorneys

If you’ve been injured in an accident involving a truck, you deserve maximum compensation for your injuries. Call our experienced truck accident lawyers at Kogan & DiSalvo Personal Injury Attorneys, to explore your options for compensation. We serve West Palm Beach, Boca Raton, Fort Lauderdale, Boynton Beach, Stuart, Delray Beach, Vero Beach, Tampa, Palm Bay and throughout Florida.

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