Our Boca Raton truck accident attorneys recognize that while vehicle occupants injured in trucking accidents must persuasively establish the negligent conduct of the defendants, the task of gathering and persuasively presenting evidence of damages can be just as important. While hospital and doctor bills, payroll records, vehicle repair records, diagnostic exams, medical treatment records, and other documents can provide vital evidence of damages, the medical history of an accident victim can complicate more complex damage determinations like pain and suffering, as well as permanent disability. If a vehicle occupant is injured in a truck crash, the defendant will carefully review the injured party’s medical records for evidence of pre-existing medical conditions. The goal of this research and analysis is to identify other causes of severe or disabling injuries other than the tractor-trailer collision. While seeking immediate legal advice immediately after the collision can mitigate the risk of the trucking company linking your long-term medical condition to a prior injury, insurance companies often raise this issue in the litigation.
Our Florida big-rig accident lawyers recently reviewed a decision from a Florida appellate court that demonstrates the way trucking companies try to limit recoveries by relying on alleged pre-existing injuries. In James v. City of Tampa, plaintiff, a vehicle passenger, suffered injuries when the vehicle he was traveling in was hit by a City of Tampa sanitation truck. At the time of the collision, the garbage truck was backing up. The driver of the vehicle in which the plaintiff was riding also attempted to back up to avoid being struck, but the effort was unsuccessful. The City of Tampa admitted liability so that damages were the sole issue to be determined at trial. Continue reading →