Because of their massive size and weight, the aftermath of a serious trucking accident can sometimes result in widespread damage, which can include life-changing injuries. While proving liability in a rear-end truck crash can be difficult to prove without a knowledgeable lawyer, being involved in an accident with a government vehicle can be even more complex.
If you or someone you care for was involved in a fire truck accident, contact the law firm of Frankl Kominsky Injury Lawyers for a complimentary initial consultation. Our dedicated lawyers can review the details of your claim to determine whether you may be eligible for financial compensation. If your claim has merit, you could recover funds to pay for medical costs, lost wages from missing work, property damage, pain and suffering, and any other damages related to the crash.
While most rear-end trucking accidents are usually the fault of the rear driver, filing a claim against the government can sometimes be tricky. This is why you need to inquire with a legal professional before setting your claim with the insurance company. By accepting a quick settlement offer, you could be leaving a significant amount of compensation on the table, which you may need in the future to make a full recovery.
When you hire an attorney from the law office of Frankl Kominsky Injury Lawyers, you can rest assured that your legal rights to pursue compensation will be protected. Our firm has more than 40 years of combined legal experience, which includes cases involving trucking accidents.
Read on to learn more about how you can prove liability after being rear-ended by a fire truck. Knowing your legal rights could help improve your chances of recovering the full and fair amount of compensation you may legally deserve.
Proving Fault in a Rear-End Truck Crash
In order to prove fault in a truck accident as the plaintiff, it is up to you and your attorney to establish the four elements of negligence that existed and contributed to your damages. The four elements of negligence are:
- A duty of care was present – In other words, the driver of the fire truck had a legal obligation to drive safely and obey traffic laws to prevent harm to him or herself and others in the area. This is where it can become a bit complex, seeing as fire truck drivers are allowed to disregard certain traffic laws when tending to an emergency. However, if it is found that the fire truck driver had been driving recklessly, fatigued, and/or under the influence of drugs or alcohol, he or she could be held liable. If the accident was caused by a piece of faulty fire equipment or vehicle parts, you could also possibly hold the fire company or manufacturer responsible.
- The duty of care was breached – This means the fire truck driver failed to uphold his or her duty of care, which resulted in your injuries and/or property damage. Fire truck drivers are trained to respond to emergencies in a quick and safe manner to avoid putting others in danger. If it is found that the fire truck driver lacked the necessary experience or training required, the government agency responsible could be held accountable. The same holds true if it is determined that the crash was caused by a lack of vehicle maintenance.
- A causal link exists – To prove fault in any vehicle accident, you and your lawyer must prove that the breach of duty led to your damages. In other words, your injuries and/or property damage would not have occurred, had the fire truck driver upheld his or her duty of care. However, you may need an experienced lawyer to help prove the fire truck driver was at fault for the crash.
- Creation of damages – This could be in the form of medical bills, loss of income from missing work, property damage assessments (such as car repairs), and other financial losses related to the crash.
Once you and your lawyer establish these four elements, the insurance company can either accept your claim and pay you the compensation you deserve, or they may try to devalue your claim to avoid making a large payout. This is where having a lawyer can be extremely valuable, as he or she can accurately calculate your damages and negotiate with insurers on your behalf to help you seek the full and fair amount of compensation you may legally deserve.
What is Sovereign Immunity?
Although a fire truck driver can be held liable for damages in a rear-end truck crash, they do have some level of protection in what is often referred to as “sovereign immunity”. This means the government is immune from being sued in a lawsuit involving a government vehicle unless the government allows the lawsuit to proceed. However, these situations are rare and may only be allowed in cases involving a catastrophic injury.
Because this protection allows for fire truck drivers to break certain rules on the road, such as speeding and running through red lights, it may be difficult to prove your case without an experienced attorney by your side. Injury victims who decide to hire a lawyer for legal representation usually garner larger settlement amounts, as opposed to those who decide to represent themselves.
Speak to an Attorney With a Track Record of Success
Whether you or a loved one was hurt in a rear-end accident with a fire truck in Pompano Beach, it is important to explore your legal rights to seek proper compensation. Our office is in Boynton Beach, but we will represent all Florida residents by appointment. Some trucking accident injuries can worsen over time, and you may end up needing the full compensation to pay for long-term physical therapy and rehabilitation. If your claim is valid, an accomplished lawyer will fight for your rights to help you pursue the compensation you need for past, present, and future needs.
At the law office of Frankl Kominsky Injury Lawyers, our award-winning attorneys have recovered more than $100,000,000 combined in successful verdicts and settlements for our clients. Co-founder, Ethan F. Kominsky, is a member of the Million Dollar Advocates Forum, which recognizes lawyers who have won million-dollar verdicts or settlements. Less than one percent of U.S. attorneys are members of this prestigious list.
Call our firm any time, 24/7, to discuss your accident claim in a no-cost, initial evaluation. There is no need to commit to our services and the details of your claim will be kept private. Allow our firm to guide you through the complexities of the litigation process so you can rest and have a healthy recovery.
Frankl Kominsky Injury Lawyers law is ready to answer your legal questions. Call us today at (561) 800-8000.