Most drivers living and working in the Clermont, Florida, area are accustomed to seeing tractor-trailers and other large commercial trucks on the road. While most drivers encounter these large vehicles without any problems, others are not so fortunate and experience devastating accidents. When truck accidents happen, they tend to cause worse damages than all other types of vehicle crashes. These accidents also tend to raise far more complex questions of liability than most other vehicle accident cases.
If you or a family member recently suffered injuries and financial losses from a truck accident, a Clermont truck accident attorney can help you navigate the complex legal proceedings ahead of you if you want to maximize your recovery efforts. The Badgley Law Group has years of experience in Clermont personal injury law, and our firm has successfully helped many past clients navigate their civil claim proceedings efficiently and with better results than they could have reached alone.
When you choose our firm to represent your truck accident case, we will immediately begin helping you gather the evidence you need to establish liability for the incident. Our team also has the experience necessary to identify the greatest areas of concern in your case, such as the scope of your claimable damages and the evidence and testimony you may need to recover as fully as the law allows. Whatever your situation entails, you can expect personalized, compassionate legal counsel from the Badgley Law Group through every stage of your case.
Large commercial trucks and tractor-trailers are vulnerable to many of the same risk factors that can cause standard passenger vehicle accidents. However, the large size and heavy weight of most tractor-trailers mean these large commercial vehicles are also vulnerable to additional risk factors. Some of the most commonly reported causes of truck accidents in the Clermont area include:
The first challenge you face in a truck accident claim is proving exactly how the accident occurred and identifying the party responsible. A legal mechanism that can come into play in a truck accident case that makes this type of vehicle accident claim more complex than most other vehicle accident cases is vicarious liability. This term refers to any situation in which one party is liable for the actions of another party. Specifically, this can refer to a truck driver and their employer if the employer is in any way responsible for an accident their driver caused.
When it comes to proving negligence, the plaintiff must prove that the defendant owed a duty of care they failed to fulfill and caused their damages as a result. When vicarious liability comes into play, multiple parties may share liability for a victim’s damages, each owing a percentage of the victim’s total compensation. Once you and your Clermont truck accident attorney have proven liability for your damages, the next phase of your case is proving the full scope of those damages.
Your first option for recovering your losses from any vehicle accident in the state is filing an auto insurance claim. Florida is a no-fault state when it comes to auto insurance claims, so you will need to file a claim against your own insurance policy before exploring further legal recourse. If your damages exceed available insurance coverage, you can proceed with a personal injury claim against the party that caused your accident.
A truck accident claim is a type of personal injury claim, and state law permits the plaintiff in a personal injury claim to recover:
Aside from your economic damages, state law also permits you to recover compensation for the pain and suffering you experienced. The amount you can receive hinges on the severity of your injuries and whether you face long-term or permanent complications because of them. It may sound difficult to assign a monetary value to something like pain or emotional distress, but your Clermont truck accident attorney may use one of two possible methods for calculating appropriate non-economic damages.
If you are expected to make a full recovery in the near future, your attorney may seek a per diem pain and suffering settlement, which awards compensation for each day you spend recovering from your injury. However, if you suffered permanent harm, they are more likely to seek a large lump sum of pain and suffering compensation, calculated by multiplying your total economic losses by a factor that reflects the severity of your condition.
In the event that a defendant injured you through some illegal misconduct or any act of egregious negligence, you could be entitled to recover punitive damages. You cannot seek this type of compensation directly; a judge must award it. The cap on punitive damages in Florida is usually three times the plaintiff’s claimed compensatory damages. Your attorney can advise you as to whether punitive damages are likely to factor into your final case award.
Having legal counsel you can trust advising you through your case proceedings is an invaluable asset. The team at the Badgley Law Group knows how damaging any vehicle accident can be, especially one involving a large commercial truck. However, if you believe you have grounds for legal recourse beyond your initial auto insurance claim, we can help. Our team has successfully helped many past clients through very challenging personal injury claims, including resolving insurance disputes on their behalf and guiding them through complex litigation.
Our team believes in client-focused legal counsel because we know that no two personal injury claims are exactly alike. Therefore, we will listen to your story and help you determine the full scope of damages you are legally entitled to seek from the defendant who injured you. Truck accident claims tend to be some of the most complex vehicle accident cases filed in Clermont, but the right attorney on your side significantly increases your chances of reaching the best possible results.
A: If you choose the Badgley Law Group as your legal representation, there is no financial risk to you when it comes to your legal fees. We operate on a contingency fee basis, only taking a fee from a client after we have won compensation on their behalf. Our firm does not charge any upfront or ongoing legal fees, and the contingency fee is a percentage of our client’s final case award. If for any reason we cannot secure compensation on your behalf, you pay nothing.
A: If you are found partially at fault for a truck accident, you will lose a percentage of your case award to reflect your shared fault. The state upholds the pure comparative negligence law, so whatever percentage of fault you hold is the percentage that is deducted from the compensation you receive from the defendant. For example, 10% fault would mean losing 10% of your case award, and 50% fault would mean losing 50% of your case award.
A: A wrongful death suit can effectively replace the personal injury claim the victim could have filed had they survived their injury. This type of claim, while procedurally similar to a personal injury case in many ways, is unique in other ways, and it is crucial to have experienced legal counsel on your side for a wrongful death suit. This claim seeks compensation for the family’s losses, including lost financial support provided by the deceased, funeral and burial costs, and the family’s pain and suffering.
A: Florida law allows a plaintiff in a personal injury claim to seek full repayment for all the financial losses they suffered, which are likely to include property damage, medical expenses, and lost income while they are unable to work while they recover from their injuries. They are also entitled to pain and suffering compensation, and an experienced Clermont truck accident attorney can help them determine a reasonable figure based on the scope and severity of the injuries they suffered.
A: The time your case will require to reach a conclusion depends heavily on the severity of your damages and the clearness of liability for the incident. When you have experienced legal counsel representing you, you will not need to worry about procedural red tape and administrative issues interfering with your recovery efforts. A good attorney will seek to settle their client’s claim quickly if possible or streamline litigation if necessary.
The Badgley Law Group has the professional experience and resources you need on your side after experiencing a truck accident in the Clermont area. These cases tend to be more complex and involve more expansive damages than most other vehicle accident claims, and reliable legal counsel is invaluable for your impending legal proceedings. Contact the Badgley Law Group today and schedule a consultation with an experienced Clermont truck accident attorney you can trust with your recovery efforts.