Kogan & DiSalvo Personal Injury Lawyers

There can be many parties that can be liable in a truck accident case. Some of these parties may include the truck driver, the driver’s employer, or the vehicle manufacturer. Once the defendants are identified, the plaintiff must demonstrate how the negligence of any of these parties created risk that resulted in their injuries.

Wearing protective gear, such as a helmet or padded clothing, can help minimize injury during an accident. Protective gear also may affect a legal claim as well. A common misconception in Florida is that a motorcyclist is automatically at fault if they were not wearing a helmet or other protective equipment at the time of their accident. However, an experienced attorney could identify how fault may be determined based on the specifics of your case.

The 14-day rule establishes that a person must seek medical attention within 14 days of their car wreck or may not pay for medical treatment. Even if you are not sure you are injured, it is a good idea to seek medical attention anyway. This is because issues may appear later on after it is too late to file a claim.

Most civil claims are based on the theory of negligence. To prove that a defendant acted negligently, a claimant must be able to prove that the defendant owed them a duty of care, the defendant breached this duty, and as a result of this breach, caused the plaintiff to suffer damages. A skilled attorney could help a claimant establish negligence in a civil claim.