How a New Port Richey Truck Accident Lawyer Can Help Prove Negligence

Truck accidents may become the cause of not only severe physical and emotional trauma but also a constant financial burden due to medical bills, lost wages, and property destruction. Negligence is an important attempt to get replacement compensation because of the loss in case you have been involved in a truck accident in New Port Richey.

Liability, however, on such occasions can be complex and several parties can be held responsible, such as the truck driver, trucking company, or even manufacturers. And this is what the help of the skilled New Port Richey truck accident attorney can be invaluable to you–help you in gathering evidence, navigating the legal system, and fighting to get the reparation you are entitled to.

What is Negligence in Truck Accidents?

Negligence may be defined as a legal phrase that is employed to explain the conduct of a person who fails to behave reasonably and in a manner that results in harm done to another person. The negligence of the truck accident claim is sometimes easy to establish by showing that a truck driver, trucking company, or other party failed to exercise due diligence. Negligence involving truck accidents happens in some of the most common ways, which include:

  • Drowsy driving or driver fatigue
  • Distracted driving or driving under the influence
  • Breaking traffic regulations or speed limits.
  • Poor cargo loading
  • Lack of maintenance of the truck
  • The Burdens of Establishing Fault

Truck accident cases are different from car accident cases. Different parties could be held responsible, including the truck driver, the trucking company, the cargo loaders, or even the truck manufacturers. They are allowed to have various insurance covers and legal units.

Besides, trucking companies tend to have the most crucial evidence, such as electronic logging devices (ELDs), maintenance records, and dashcam footage, which may be difficult to access without a lawsuit on behalf of the victims of the crash.

What a Truck Accident Lawyer Can Do To Tighten Your Case?

A professional New Port Richey truck accident lawyer will not just sit down and complete some paperwork and leave you to yourself through the entire legal process- he or she will act on your behalf through the entire ordeal.

1. Thorough Investigation

Attorneys can hire their own private investigators, accident reconstruction specialists, and other professionals who can re-create the accident and determine all the factors that were involved. They will gather police reports, witness statements, video surveillance, and photographic evidence on the scene.

2. Protecting important Documents 

Lawyers can collect truck company records, which include: 

  • Electronic Logging Device (ELD) data to know driver fitness or fatigue
  • Maintenance logs and inspection logs to find out whether the vehicle was in a roadworthy condition or not.
  • Training and certification records of drivers

Such records are usually time sensitive and may be lost or destroyed without a timely request.

3. Dealing with Insurance Companies

Insurance companies usually choose to minimize the amount of payouts or reject claims. Any communication with them will be undertaken by your lawyer to avert any form of manipulation and lowball offers and ensure that your rights are upheld.

4. Determining (All) Parties at Liability

The analysis of the case in all possible ways will allow a lawyer to not only define the role of the driver but also define whether it was the trucking company, a manufacturer, or any other third party that may have caused the accident. This can add huge value to your claim.

The Importance of Reacting Promptly to a Truck Accident

Everything in truck accident claims depends on timing. Generally, Florida has a two-year statute of limitations on personal injury cases, though you still can damage your case by waiting too long. The trucking companies are only mandated to keep some crucial documents (i.e., driver logs and black box data) for a very short period. This crucial evidence may get lost forever in case you delay.

Also, witnesses can forget, and the crash scene can lose its physical evidence. By hiring a lawyer early, they can start preserving your case on the very first day.

Importance of Acting Fast After An Accident 

Everything in truck accident claims depends on timing. Generally, the statute of limitations on personal injury cases in Florida is two years, though delaying may still work against you. The trucking companies are only obliged to hold on to important documents (driver logs and black box data) for a specified short period. This crucial evidence may get lost forever in case you delay.

What is more, witnesses can forget, and the crash scene’s physical evidence can vanish. Hiring an attorney as soon as possible allows them to start saving your case on the first day.

What Compensation Is Available?

You could be entitled to some types of compensation, including: punitive damages, actual damages, lost wages, and more, with the help of a lawyer.

  • Past and future medical expenses
  • Loss of earning potential or lost wages
  • Property damage
  • Pain and suffering
  • Emotional distress
  • Wrongful death benefits (in accidents that result in death)

The value of compensation received is determined by the degree of your injuries, the degree of negligence, and also the standards of your lawyer.

Conclusion

In case you are a victim of a truck accident in New Port Richey, you need to prove negligence to receive the justice and compensation you deserve. The trucking companies and insurers have their lawyers- you should too.

A skilled New Port Richey truck accident attorney will assist you in obtaining the important evidence, deal with complicated rules, and fight aggressively to represent you. You do not owe them any less, so consult a lawyer today and start rebuilding your life.

Note: This article is provided by SunCoastLaw and published by our team. We are not responsible for the accuracy of the information provided.

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