If you were involved in an accident with a truck, you may have questions about how to receive compensation for your injuries. When a truck operator violates the rules of the road, they may be liable for your damages. Depending on the circumstances of the collision, more than one party could be responsible for this payment.
A skilled personal injury attorney can be an ally by making a claim for damages within the statutory deadline, reviewing facts to estimate the percentage of fault that may be assessed against the parties, and ascertaining the types of compensation available. Contact a Bradenton truck accident lawyer today to learn more.
Filing a Claim
Any claim for compensation following a truck accident may need to be made within the statute of limitations. Claims for negligence following a truck accident must be made within four years from the date of the accident under Fla. Stat. § 95.11. Failure to file a claim within the statutory deadline could result in the claim being prohibited. Filing a timely claim may be critical to recovering damages resulting from a truck accident.
Liable Parties in Truck Accidents
Several parties can become involved in a claim for compensatory damages resulting from a truck accident. In addition to the operator of the truck, the operator’s employer may also be held responsible for any damages. To determine how much each party could potentially be ordered to pay, Florida follows a comparative negligence system in assigning fault.
Under Fla. Stat. § 768.81, a trier of fact can enter judgment against each liable party based on their percentage of fault in contributing to an accident. This means that if the truck operator and their employer were both found at-fault, a trier of fact may assess the truck operator as having contributed 90 percent to the accident and the employer as having contributed 10 percent. A Bradenton truck accident lawyer could further explain how percentages of fault may be assessed following a truck accident.
Potential Recoverable Damages
After assigning fault to the respective parties, a trier of fact may award compensatory damages for any injuries. Compensatory damages are typically the only type of damages recoverable from a truck accident.
However, if the truck operator acted with intentional misconduct or their actions constituted gross negligence, a judge may award an injured party punitive damages that are meant to punish the behavior of the at-fault party.
Gross negligence is defined in Florida under Fla. Stat. § 768.72 as conduct that is so reckless or wanting in care as so show a conscious disregard for the health, life and safety of others. A Bradenton truck accident lawyer can provide a standard for the types of damages that are compensable.
Turning to a Bradenton Truck Accident Attorney for Help
An attorney can help answer questions of responsibility following a truck accident. Counsel can also help ensure a timely claim for damages is made and can advocate for your rights throughout the process. Contact a Bradenton truck accident lawyer today to get assistance in proving fault in a truck accident and obtaining compensatory damages for your loss. Call today for a free consultation.