Understanding the Litigation Process for Florida Truck Accident Cases
A truck accident can be quite devastating. Dealing with the aftermath of a truck accident can be overwhelming. Unfortunately, truck accidents are quite common in the U.S. According to the National Safety Council (NSC), in 2022, more than 120,000 large trucks were involved in accidents resulting in injuries, and over 5,900 people died in large-truck accidents in the same year. The good news, however, is that after being involved in a truck accident due to the negligence of a truck driver or another party, such as the trucking company, there are legal avenues for seeking compensation for injuries and damages. Below, we explore the litigation process for Florida truck accident cases.
- Initial Consultation and Case Evaluation
After seeking medical attention, the first step in the legal process is an initial consultation with a personal injury attorney with experience handling truck accident cases. During your consultation with an attorney, the attorney can assess your case, identify potentially liable parties, and guide you through the legal process.
- Investigation and Collecting Evidence
The first thing your attorney will do is to investigate your case and gather evidence. Evidence will play a vital role in establishing the liability of the defendant(s). The following are some pieces of evidence your attorney may collect to support your truck accident case;
- The police report
- Witnesses statements
- Medical records
- Pictures and videos of the accident scene
- Surveillance footage
- Expert testimony
- Truck driver logs and maintenance records
- Filing Your Claim
Once your attorney is done building your case, they will initiate legal proceedings by filing an insurance claim against the defendant(s). Potentially liable parties in a truck accident case include the truck driver, the trucking company, a manufacturer, a maintenance company, and the cargo loaders.
- Negotiation
Your attorney will try to negotiate with the insurance company or companies to reach a fair settlement. Often, truck accident cases are settled at this point. If an agreement is reached, you will receive compensation to cover your damages and sign a release form that bars you from pursuing more compensation later.
- Filing a Lawsuit in Court
If negotiations fail, your attorney will proceed to file a lawsuit in court. The complaint will then be served to all defendants, who will have a chance to respond.
- Discovery Phase
After the lawsuit is filed, the discovery process will begin. This process entails exchanging information relevant to the case through interrogatories, depositions, or requests for documents.
- Pre-Trial Negotiations and Mediation
Before the trial starts, you may engage in negotiations and mediation to try and reach an agreement. Many truck accidents are resolved through negotiations or mediation before reaching trial.
- Trial and Verdict
If negotiations and mediation fail, your case will proceed to trial, where both sides will present their cases in front of a judge and jury. Once the trial is done, the judge or jury will render a verdict.
- Appeal
If you are dissatisfied with the verdict, you can file an appeal. This process involves a higher court reviewing the trial court’s proceedings to determine if legal errors were made that may have impacted the verdict.
Contact Us for Legal Help
If you have been in a truck accident, contact our Fort Lauderdale personal injury attorneys at The Pendas Law Firm for legal help.
The Pendas Law Firm also represents clients in the Fort Myers, Ocala, Orlando, Tampa, Jacksonville, Naples, Melbourne, Bradenton, Daytona Beach, Miami, and West Palm Beach areas.
Source:
injuryfacts.nsc.org/motor-vehicle/road-users/large-trucks/
