Cement Truck Accidents
Any large commercial vehicle has the potential to cause a serious or fatal accident, but cement trucks are especially dangerous because of their susceptibility to rollovers, as well as their relatively low maneuverability and tendency toward instability. Because of their size and weight, a crash between a cement truck and a passenger vehicle may cause catastrophic injuries to the occupants of the smaller vehicle. Cement truck accidents happen more often than one might expect, leaving victims with staggering medical bills and other expenses. The skillful Pembroke Pines truck accident attorneys at Cohn & Smith are here to provide the legal assistance that you need in seeking compensation from a driver or company whose actions hurt you.
Just like other drivers, people who operate cement trucks must obey the rules of the road and refrain from dangerous conduct, such as speeding, distracted driving, and driving under the influence. When a driver or the company that employs them fails to act carefully or breaks the law, they may be held liable if their conduct caused harm to a motorist, pedestrian, or passenger.Holding a Driver or Company Accountable for a Cement Truck Accident
The principle of negligence holds those who fail to act in a reasonably prudent fashion liable for damages that result from their conduct. In order to make out a successful case of negligence, the plaintiff in a personal injury lawsuit must prove the elements of duty, breach of duty, causation, and damages by a preponderance of the evidence. Once these elements are proven, the next step is determining the amount of money that it will take to fully compensate the plaintiff for their medical expenses, lost wages, pain and suffering, and other losses associated with the cement truck accident. Since Florida is a pure comparative fault state, there is a possibility that the jury could reduce the plaintiff’s damages award if it finds that they were partially at fault for the accident. However, the plaintiff still would be able to receive some damages unless they were completely responsible.
Timeliness is extremely important in both personal injury and wrongful death lawsuits. The Florida statute of limitations allows an injured person or the family of a deceased victim only a certain period of time in which to file a formal claim, or else their rights may not be asserted. In addition to the statute of limitations, there may also be a statute of repose or a notice requirement in some cases. Because of these rules, and also to make sure that the accident is properly investigated from the plaintiff’s perspective and not just by the defendant’s insurance company, hiring capable legal counsel early in the process is critical in any truck accident case. An investigation may also reveal other potential defendants in addition to the driver, including the driver’s employer, which could be possibly be held liable either through vicarious liability or direct liability.Seek Assistance From a Pembroke Pines Attorney Following a Cement Truck Accident
If you or a family member has been struck by a careless commercial driver, you need reliable advice about your legal rights. The experienced Pembroke Pines lawyers at Cohn & Smith can help you get started on the path toward pursuing fair compensation for the harm that you have suffered. To schedule a free consultation, call us today at (954) 431-8100 or contact us online. Our motor vehicle collision attorneys represent victims in cities throughout South Florida, including Fort Lauderdale, Hollywood, Davie, Weston, Sunrise, Tamarac, Coral Springs, Pompano Beach, Aventura, and many North Dade County communities.