How to Know If You Have a Valid Truck Accident Claim

Fort Lauderdale is a town that is located in the southeast of Florida. This region is famous for the different beautiful beaches and its development of a tourist industry.

What Fort Lauderdale is also known for is that it is intersected by big highways, creating the so-called distribution channels for goods and products in and out of this part of South Florida.

Guess what? As a result, a lot of truck accidents happen here. This type of accident is a very serious one.

As a matter of course, the most vulnerable survivors are those who have severe wounds, emotional shocks, or financial burdens. The victims usually take the initial step of suing for a truck accident claim after the incident.

That said, the truck accident laws are quite complex; therefore, a professional Fort Lauderdale truck accident lawyer is always recommended. They can help you deal with the legal steps.

However, it is important that you understand one thing: Not every case you file will be valid. Yes, you read that right! So, how to know if your truck accident claim is valid?

Hi. In today’s blog, this is what I will be talking about. So, if that is what you want to know, you have come to the right place. Therefore, keep on reading till the end, and thank me later…

How To Know If Your Truck Accident Claim Is Valid?

To figure out whether or not your truck accident claim is up to par, you have to show that the truck driver or company was the one who caused the accident and that you suffered injuries or damages as a direct result.

More often than not, it is demonstrating negligence, such as speeding or failure to maintain the vehicle, that is required.

Furthermore, as a claimant, you will also get a legal burden to meet as you will have to substantiate that your injuries belong to the accident and did not represent pre-exiting conditions.

Here are some of the things that you need to keep in mind:

Someone Else Is At Fault

Firstly, you have to prove that someone else was at fault. that the accident resulted because of someone’s negligence. And only then you will have a valid claim.

For this, you should show that the person owes a duty of care to you and breached that duty and caused an accident. 

This might be a truck driver, the company that owns the truck, or even a third-party maintenance provider.

Common causes of truck accidents that involve negligence include:

• Distracted or fatigued driving
• Speeding or aggressive driving
• Driving under the influence
• Violations of federal trucking regulations (like hours-of-service rules)
• Poor vehicle maintenance or defective parts

You Suffered Damages

Even if the truck driver or trucking company is at fault, you should prove that you actually suffered losses as a result of the accident to make your claim valid.

These damages can be both economic and non-economic. It includes

• Medical bills
• Lost wages
• Future treatment or rehabilitation
• Pain and suffering
• Emotional distress
• Property damage 

You Have Strong Evidence

To make your claim valid, you should have strong evidence that explains your version of the event. This is especially necessary when your case goes to trial.

The court relies completely on evidence; if you don’t have strong evidence, the insurance company may deny your claim, or the court may dismiss your case.

You should have evidence such as,

• Police or accident reports
• Photos or video from the scene
• Medical records and bills
• Eyewitness statements
• Truck driver logbooks and black box data
• Expert testimony

You Have a Legal Time Limit

In the U.S., every state has a statute of limitations, which is a deadline for filing personal injury claims. In Florida, recent law changes reduced this period to two years from the date of the accident.

If you miss this window, you may lose your right to pursue compensation, regardless of how strong your case is. If you have this time period, you have a valid claim.

How to File for a Truck Accident Claim?

Now that you know how to know if your truck accident claim is valid or not, you should learn about the filing process. So, here are the steps that you have to take if you want to file a truck accident claim:

1. Report the Accident: At the earliest opportunity, report the accident to the police and obtain a police report or First Information Report (FIR).

2. Notify Your Insurance Company: Get in touch with your insurance company and tell them every detail of the accident and provide the details, including the FIR, policy number, date, and location of the incident.

3. Seek Medical Attention: It is advised that you immediately see a doctor for medical treatment, even if you do not feel any pain, as some injuries do not produce any immediate symptoms.

4. Document the Accident Scene: Take still pictures or videos of the scene of the accident, showing the cars and surroundings of the site.

5. Collect Relevant Information: Record the names and phone numbers of the injured persons, the witnesses and all other relevant facts.

6. File Your Insurance Claim: Fill the required claim paperwork, assemble and submit all the necessary documents, including the police report, medical records, and repair estimates promptly.

7. Negotiate a Settlement: Always attempt to find a middle ground through negotiations with your insurer and receive fair compensation for your loss, which could be financial, medical, or property-related.

8. Seek Professional Advice: If you are not able to resolve the connection by mutual agreement, you might need a truck accident lawyer who can help you to sue the other party, and as a result, make absolutely sure your rights are respected.

Wrapping It Up!

In conclusion, truck accidents can be a nightmare, although knowing if you have a valid case is not so difficult.

If you have documented losses, and your injuries were caused by somebody else’s negligence, and you are still within the legal timeframe, then you most likely have a good basis to file a claim and get compensation.

In case you don’t have clarity about the possibility of the claim being valid, or you don’t know how to file a claim, the best option for you is to contact a truck accident lawyer.

These professionals can give you a hand in a few ways, such as helping you to make an assessment, find evidence, and prove the fault so that you can obtain fair compensation of your losses.

Read Also:

• How Much to Expect From a Car Accident Settlement in California?
• Can You Sue Amazon After a Delivery Truck Accident in California?
• What Are the Key Stages of a Truck Accident Lawsuit?