When a truck accident is caused by negligent maintenance, you still have the right to recover compensation. However, the at-fault party may be different from a typical case where driver negligence alone caused the accident.
If you’ve been injured and negligent maintenance was the cause, a Fort Lauderdale truck accident lawyer can help.
What Happens to Compensation When a Truck Accident Is Caused by Negligent Maintenance?
In truck accidents caused by negligent maintenance, you may still be able to recover compensation from at-fault parties. However, you will need to be able to prove that negligence occurred.
Your Fort Lauderdale personal injury lawyer will conduct a thorough investigation to do so. Part of their investigation will be to determine who is responsible for negligent maintenance and whether multiple parties are at fault. Some examples of possible at-fault parties include:
- The driver: If negligent maintenance caused delayed braking, but the driver was also speeding, then they may share responsibility for the accident.
- The trucking company: If they had improper maintenance procedures, such as neglecting routine maintenance.
- A mechanic: If they failed to do the maintenance they were paid to complete.
Common Evidence Used to Prove Negligent Maintenance
Helpful evidence for proving negligent maintenance can include:
- Black box or event recording data from the vehicle.
- Maintenance records.
- Driver logs.
- Expert analysis.
Additional evidence can help prove whether other negligent actions contributed. This evidence may include:
- Eyewitness statements.
- Video footage from traffic cameras or dashcams.
- Phone records.
- Accident reconstruction.
What Compensation Can You Recover After a Truck Accident?
After a truck accident, you may be able to recover compensation that accounts for both economic and non-economic losses from the accident. Your lawyer will fight for the maximum compensation so that you can address both immediate expenses and long-term ones due to your injuries.
Economic Damages
These are for financial losses, such as:
- Medical bills from emergency room care, hospital stays, surgeries, diagnostic imaging, physical therapy, and doctor appointments.
- Future expected medical expenses.
- Lost wages.
- Diminished earning capacity.
- Home or vehicle modifications.
- Property damage.
- Transportation to and from medical appointments.
- In-home services, if you are unable to do housework or childcare due to your injuries.
Non-Economic Damages
These account for the non-financial costs of an injury, such as:
- Physical pain and suffering.
- Emotional distress.
- Loss of enjoyment of life.
- Loss of quality of life.
- Loss of consortium.
Wrongful Death
If negligent maintenance caused a truck accident where you lost a loved one, we are so sorry for your loss. You may be able to recover compensation that addresses:
- Burial and funeral expenses.
- End-of-life and emergency medical care.
- The decedent’s pain and suffering.
- Loss of financial support from the decedent.
- Loss of emotional or parental support from the decedent.
Deadlines for Recovering Compensation After a Truck Accident in Florida
Under Florida’s statute of limitations, Florida Statutes § 95.11(5)(a), you typically have two years to file a personal injury or wrongful death lawsuit. What happens if the truck accident is caused by negligent maintenance rather than a driver’s negligence, though? The deadline stays the same in these cases.
There are some exceptions that can alter the timeline of your case, so it’s best to discuss any concerns you have with your attorney.
What Should You Do After a Truck Accident?
If you’ve been in a truck accident, your first actions should be to get to safety and call 9-1-1. After that, when possible, you should:
- Get medical attention as soon as possible. Early medical intervention is important for recovery, and medical documentation helps support your personal injury claim.
- Report the accident to the police.
- Take photos of the accident scene, including any visible injuries you have.
- Contact a truck accident attorney in Fort Lauderdale.
You should also avoid the following:
- Talking to insurance adjusters on your own. Instead, have them speak with your attorney.
- Stopping or delaying medical treatment. This is bad for your recovery and may hurt your claim.
- Posting on social media. Public posts can be used against you by insurers.
Call or text 800-602-5000 or complete a Free Case Evaluation form
How Can a Lawyer Help With Your Truck Accident Case?
In addition to investigating and proving liability, your lawyer also serves as your advocate throughout the settlement process.
They can:
- Handle all communications with the trucking company and its insurers.
- File all needed paperwork.
- Negotiate on your behalf.
- Represent you in court, when needed.
They will also support you by answering your questions, ensuring your concerns are addressed, and keeping you updated on your case’s progress.
Contact a Fort Lauderdale Truck Accident Attorney Today
What happens when a truck accident is caused by negligent maintenance? Your lawyer will need to prove who was at fault for the negligent maintenance so they can seek fair compensation on your behalf.
At Blakeley Car Accident & Personal Injury Lawyers, our legal team is ready to fight for you. We will explore all avenues for recovering compensation. We also work on contingency, so there are no upfront costs.
Contact us today for a free consultation.
