What to Know About Taking Action Against a Motor Carrier
If you were seriously hurt in a large truck crash, you may have to go up against the motor carrier in order to seek the compensation you deserve. Since employers are generally liable for any damages their employees cause while on the job, motor carriers are usually responsible for losses stemming from accidents attributed to their drivers.
While it’s natural to fret about taking on a large corporation—chances are they have the resources, after all, to challenge every claim that comes their way—you don’t have to do so alone. By enlisting help from a strategic personal injury attorney, you’ll gain a seasoned advocate, who will guide you through every stage of the proceedings.
To enter these proceedings with confidence, here’s what you should know before getting started:
1. You Must Prove Both Liability and Damages
The motor carrier won’t be inclined to negotiate unless they see compelling evidence of both liability and damages. When it comes to large truck crashes, evidence of liability often includes driver’s logs, dash camera footage, photographs of the scene, the official police report, black box data, and eyewitness testimony.
As for proving damages, you should be prepared to present medical bills, invoices for replacement services, receipts for vehicle repairs, and paystubs logging any missed wages. Psychological evaluations, journal entries, and statements from friends and loved ones can also come in handy when demonstrating non-economic losses like diminished quality of life.
2. You May Have to Track Down Additional Claimants
Motor carriers are not inclined to take full responsibility for a wreck because that generally means covering 100 percent of the damages. Since they want to protect their bottom line, they’re going to expect you to name all those who played a role in the crash. This might include other motorists, vehicle manufacturers, mechanics, the municipality where the accident occurred, or the cargo loading contractor.
After conducting a thorough investigation, a resourceful truck accident lawyer can help you gather the evidence needed to include everyone who contributed to the collision in your claim.
3. You Have a Limited Amount of Time to Proceed to Court
Unfortunately, motor carriers are sometimes uncooperative no matter how compelling the evidence against them is. If they simply refuse to offer a fair settlement, you may have to file a formal lawsuit, and you’re going to have a limited amount of time to do so.
In Florida, the typical statute of limitations for personal injury actions is four years. There are a few exceptions to this deadline, however, so it’s wise to talk to an attorney as soon as possible after the accident.
Discuss Your Claim with a Truck Accident Attorney in Tampa
Were you hurt in a large truck crash? Do you have reason to believe the trucker was to blame for the wreck? If you think you might have to go up against a major motor carrier, you can count on Capaz Law Firm, P.A. for counsel.
Our knowledgeable team will help you level the playing field, so you can pursue every dollar you deserve. To set up a free initial consultation with a truck accident lawyer in Tampa, call 813-551-3907 or fill out our Contact Form.