Truck accident lawsuits are far more complicated than cases involving ordinary car accidents for a number of reasons. Because trucks are commercial vehicles, accidents tend to bring lawyers onto the scene with unbelievable speed, and accident victims can end up forfeiting their rights before they have a chance to understand what those rights are.
Because the trucking company will bring in a team of experienced attorneys, it only makes sense for accident victims to obtain their own legal advisors as soon as possible after an accident. Experienced attorneys understand the tactics the defense lawyers and insurance companies use to trick victims into saying or doing something that can jeopardize their right to recover damages for their injuries, and they know how to safeguard the rights of victims.
Once you waive a right—even without meaning to—that right can be lost forever. So, it is vital to understand your rights after a truck accident in Tallahassee. Securing guidance and representation from a skilled attorney is the most effective way to protect your rights and provides you with an advisor who can explain your rights in detail. If you have not yet chosen an attorney, here are some general guidelines regarding the rights of victims in truck accident lawsuits.
You Have the Right to Talk to an Attorney Before You Answer Questions from the Trucking Company
Insurance companies and investigators who work for the trucking company will often try to contact accident victims early and often. While they have a legitimate right to gather information about the truck accident, that is only part of the reason they start calling. They want accident victims to say something that can be used to deny liability or limit the value of a claim. They are very skilled at seeming friendly and sympathetic, and that is one reason their tactics are so often successful.
An experienced truck accident lawyer will know how to avoid potential pitfalls and provide the information the investigators are entitled to have without saying anything that could jeopardize the victim’s right to recovery. When you start working with an attorney soon after your accident, you can allow your lawyer to handle the questioning, protecting your rights and allowing you time in peace to focus on your recovery.
You Have the Right to Investigate the Factors That Caused the Accident
To recover damages for losses suffered in a Tallahassee truck accident, you need to present evidence to show that another person’s negligence, recklessness, or deliberate wrongdoing caused the accident and your injuries. It takes time and intense investigation to obtain this evidence, but you have the right to undertake the investigation. The trucking company will not willingly give up information that could lead to a finding of liability. However, you have the right to use legal discovery tools to request information, and you have the right to seek evidence, such as footage from traffic cameras that could show the incidents leading up to and during the accident. A seasoned truck accident lawyer will understand where to look for evidence, how to obtain it, and how to preserve it for use in negotiations or at trial.
You Have the Right to Seek Medical Care
Truck accidents often result in devastating injuries that can lead to long-term pain and diminish your ability to work, undertake daily activities, or even enjoy simple hobbies such as watching movies. It is important to get a prompt and thorough medical exam after a truck accident and to obtain follow-up care as needed so that you can work toward your maximum recovery. If you don’t have health insurance, your attorney may be able to assist in arranging care that can be settled at the end of your legal claim.
You have the right to work toward your maximum physical and emotional recovery. Your attorney can help you find providers to meet your needs and to secure evidence to support your claim for damages.
You Have the Right to File a Lawsuit to Seek Compensation for Up to Two Years After the Truck Accident
The Florida statute of limitations is not as generous as it once was, but the law still usually allows you to file a claim anytime within two years after a truck collision. In some cases, if the truck is affiliated with a government agency, the deadline could be much shorter, so it is important to ascertain the applicable statute of limitations as quickly as possible after an accident.
Even if the insurance company insists that you must accept the settlement they offer or you will get nothing, you are not required to accept a settlement. Insurance companies usually offer far less than a claim is worth until they see that you have the evidence and legal arguments prepared to win in court.
You Have the Right to Obtain Compensation Even if You Were Partially at Fault for Causing the Accident
Under Florida’s comparative fault rule, the fact that your own actions may have contributed to the cause of your accident and injuries does not prevent you from seeking damages from the other parties at fault. As long as your share of fault is less than 50% of the cause of the injuries, you can seek compensation from the others involved. Your share of damages will be reduced by the share of responsibility allocated to you, but your actions do not take away your right to recovery.
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