Hollywood Truck Accidents
Considering that the main north-south interstate on the east coast runs straight through the middle of the beautiful beach town of Hollywood, Florida, it goes without saying that tractor-trailer accidents occur here on a regular basis. Although some such accidents are relatively minor in nature, or involve only the big rig itself, a good many semi-truck accidents cause serious or catastrophic injuries to innocent motorists and their passengers. Wrongful death is also possible in multi-vehicle accidents involving 18-wheelers. If you or a loved one has been involved in a Broward County truck accident, the knowledgeable Hollywood personal injury lawyers at Cohn & Smith, P.A., can help.
Like other motor vehicle accidents such as car wrecks or motorcycle crashes, truck collision cases are founded on the principles of negligence. The basic definition of negligence is the failure to act in a reasonably prudent manner, thereby causing injury to others. There are four essential components to a negligence claim: duty of care, breach of duty, damages, and causation. The plaintiff in a negligence lawsuit has the burden of proving each of these four elements by a preponderance of the evidence.Hold Negligent Truckers and Trucking Companies Liable for Negligence
Under the doctrine of respondeat superior (a Latin phrase meaning “let the master answer”), it may be possible to hold both the negligent trucker and his or her employer liable for a Hollywood trucking accident. Generally, this rule holds the employer vicariously liable for the tortious acts of the employee so long as the actions about which the plaintiff complains were within the scope of the employment. A trucking company may also be held liable on a direct negligence theory in some cases. A successful plaintiff in a negligence action may be able to recover compensation for medical expenses, lost wages, and pain and suffering. Wrongful death claimants may be entitled to funeral and burial costs, lost net earnings to the victim’s estate, and other damages.
The Florida statute of limitations requires the plaintiff in a personal injury lawsuit arising from a truck accident to file a claim within four years of the accident; the family (or estate, as the case may be) of someone killed in a truck wreck has only two years to file a wrongful death action. Of course, waiting anywhere near that long to consult an attorney is foolhardy because a great deal of valuable evidence is likely to slip away due to the passage of time. This can devalue the plaintiff’s case substantially.Schedule a Free Consultation with a Hollywood Truck Accident Attorney
Truckers, trucking companies, and the insurance companies that provide liability coverage to the trucking industry know the devastation that a serious truck accident can cause. They are quick to have an investigator on the scene and may attempt to pressure an injured person (or a deceased person’s family) into a quick settlement. If you or a loved one has been hurt by a negligent trucker or trucking outfit, please do not fall for these tactics. Instead, contact a seasoned Hollywood truck accident lawyer as soon as possible after the accident so that you will have someone on your side. For a free, confidential case evaluation, call Cohn & Smith, P.A., today at (954) 431-8100. We also handle personal injury and wrongful death cases in Pembroke Pines, Fort Lauderdale, Hollywood, Davie, Weston, Sunrise, Tamarac, Coral Springs, Pompano Beach, Aventura, and North Dade County.