“Override” accidents occur when the front end of a semi-truck runs over a car, truck, or SUV that is traveling directly in front of it, often causing catastrophic injury or death to the occupants of the smaller vehicle. Many override accidents are the result of negligence on the trucker’s part, or they may be due to a truck company’s negligence in forcing a driver to work longer hours than is legally allowed, causing him or her to be exhausted, distracted, and careless. If your family is suffering because of an injury or death caused by an override crash, the Pembroke Pines truck accident lawyers at Cohn & Smith can help you seek maximum compensation for your injuries or your loved one’s wrongful death.Assert Your Rights through a Negligence Claim
To recover monetary damages after a motor vehicle collision or other accident, the plaintiff must be able to make out a case of negligence against the defendant. Under Florida tort law, there are four elements that must be proven:
- The defendant owed the plaintiff a duty under the law;
- The defendant breached the duty that was owed;
- The plaintiff was harmed directly because of the defendant’s breach of duty; and
- The plaintiff’s harm resulted in actual damages.
Some common causes of override truck accidents include distracted driving involving texting or other electronic device usage, driving under the influence of drugs or alcohol, or speeding.
If the four elements of negligence have been proven by a preponderance of the evidence, the plaintiff’s next task is showing the amount of damages to which he or she may be entitled. In personal injury cases, available damages often include past and future medical expenses, lost wages and loss of earning capacity in the future, and pain and suffering. If the plaintiff was married at the time of the accident, his or her spouse may seek payment for loss of consortium and spousal services. In cases in which the level of negligence went beyond what is considered ordinary, rising to the level of recklessness or wanton and willful behavior, punitive damages may also be a possibility.
In wrongful death cases after a tragically fatal accident, the deceased person’s estate and certain family members can potentially seek damages such as medical bills associated with the accident, funeral and burial expenses, loss of consortium, and lost net earnings to the estate. The specific damages that are available in wrongful death cases, as well as the particular parties who may file suit, are established by statute.
The defendant in a truck accident case is most often the driver who was behind the wheel at the time of the crash. If other parties contributed to or caused the crash, they too can be named as defendants. In many cases, the trucking company that employed the trucker may be liable for the damages sustained by the plaintiff, either under a theory of respondeat superior or due to the employer’s own direct negligence, such as a failure to abide by safety regulations.Seek Guidance from a Pembroke Pines Lawyer after a Truck Accident
If you have been hurt or lost a loved one, you should contact the Pembroke Pines truck accident attorneys at Cohn & Smith as soon as possible. To schedule a free and confidential evaluation of your case, call our motor vehicle collision attorneys at (954) 431-8100 or contact us online. We help injured people and grieving families throughout South Florida, including in Fort Lauderdale, Hollywood, Davie, Weston, Coral Springs, Pompano Beach, Aventura, and cities throughout North Dade County. Most cases are accepted on a contingency fee basis, so you do not have to pay legal fees upfront.