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How to Negotiate a Settlement After a Truck Accident in Florida?
If the accident was not your fault, the truck driver may not be the only party to mention as the defendant in your personal injury claim. Our truck accident lawyer Fort Lauderdale advises to investigate whether the trucker’s trucking company shares liability in the accident.
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Vladimir Tsirkin & Associates, P.A. - Blog

How to Negotiate a Settlement After a Truck Accident in Florida?

How to Negotiate a Settlement After a Truck Accident in Florida?
Vladimir Tsirkin & Associates, P.A.
Truck Accidents
Jan 05, 2019

If you have been hurt in a truck accident – or any other motor vehicle crash, for that matter – you probably have a lot of stuff on your mind right now. Among many other things, you are probably thinking, “How to improve my chances of a settlement after a truck accident in Florida?”

You have most likely heard various stories of how insurance companies in Florida deny or minimize personal injury claims filed by victims of truck accidents in Fort Lauderdale, Miami, and elsewhere in the state.

Our Fort Lauderdale truck accident lawyer from Vladimir Tsirkin & Associates, P.A. will not let that happen to you. Our attorneys are going to explain how to negotiate a settlement with shark-ish insurance companies and make sure that you are not being fooled or pressured into accepting a low-ball settlement offer.

Proving the truck driver’s and trucking company’s fault

First and foremost, you will have to establish the at-fault parties in your truck accident. If the accident was not your fault, the truck driver may not be the only party to mention as the defendant in your personal injury claim. Our truck accident lawyer Fort Lauderdale advises to investigate whether the trucker’s trucking company shares liability in the accident.

By bringing a claim against both the truck driver and trucking company, you get to add some substantial financial weight to your claim. To determine whether or not the trucking company is liable, your lawyer must know the federal regulations and guidelines enacted by the Federal Motor Carrier Safety Administration (FMCSA).

Warning! Not being legally represented by a professional can negatively affect the success of your negotiations, and, as a result, the value of your settlement.

With a Fort Lauderdale truck accident attorney by your side, you are guaranteed to get access to all of the following types of evidence in your truck accident case (these types of evidence can drive the value of your settlement just as much as they can help prove the other party’s fault):

  • Police report review;
  • Accident reconstruction review;
  • Camera footage, if available;
  • Photos and videos from the scene;
  • Witness accounts; and
  • Medical report review.

Investigating your truck accident to establish liability

Regardless of whether you are represented by an attorney or not, the defendants may deny their liability for your injuries and damages. In that case, your lawyer will launch investigation to establish the truck driver and/or trucking company liability by collecting any available evidence to enhance your personal injury claim and secure a larger settlement amount.

“What does this investigation look like?” you may be wondering. Our experienced truck accident attorney in Fort Lauderdale explains that the investigation will include all of the following elements:

  • Getting access to driving records and logs to determine any violations including but not limited to hours of service violations and stops at the weigh stations;
  • Determining which party had the primary control and supervision of the vehicle at the time of the collision;
  • Investigating whether the truck driver had any prior criminal convictions;
  • Getting access to the maintenance records of the truck to find out when was the last time the trucking company inspected and maintained the truck and how regularly those inspections and maintenance took place;
  • Investigating whether the truck driver violated any federal or state traffic rules at the time of the collision;
  • Determining whether there were any manufacturing or design defects in the truck or its parts;
  • Investigating whether the truck was negligently overloaded; and
  • Determining whether the truck driver was intoxicated or fatigued at the time of the crash.

As you can see, it takes a lot to negotiate a settlement after a truck accident in Fort Lauderdale or elsewhere in Florida. Not just any settlement, but the settlement you truly deserve. Get legal help from our truck accident lawyers from Vladimir Tsirkin & Associates, P.A. by calling our offices at 305-831-4333.

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