Miami Truck Accident Lawyers
Large Commercial Truck Accidents in Florida
Driving alongside 18-wheelers on freeways, highways, and city streets can be nerve-wracking for many people. These trucks are large, heavy, and move fast. Their cargo makes them even heavier, and that cargo can be dangerous on its own.
When a truck accident happens, it’s often devastating because of all these factors. Worse, the insurance companies and the truck drivers don’t want to pay for your financial recovery—it’s not in their best interests.
At Fischer Redavid PLLC, we understand that you may be feeling alone and overwhelmed following your accident. Fortunately, a Miami truck accident lawyer from our firm can gather evidence, represent you in court, and help you fight for fair compensation for the economic and noneconomic losses you have suffered because of someone else’s carelessness.
Common Truck Accident Injuries
When you’re injured in a large truck accident, the injuries you’ve suffered can be more complex and severe than those resulting from a typical car accident. These trucks are several times the size of most passenger vehicles. When a vehicle that large is moving at high speeds, it can be difficult to slow down, which often leads to catastrophic injuries and losses.
Even in what seems like a mild accident, you may have suffered whiplash or a concussion. Though such injuries are common, that doesn’t mean they aren’t serious. Whiplash can be painful and require physical therapy to treat; a concussion can make focusing on daily tasks difficult.
Some of the most common truck accident-related injuries include:
- Broken bones/fractures
- Head and neck injuries
- Traumatic brain injuries
- Spinal cord injuries
- Burn injuries
- Back and shoulder injuries
- Internal bleeding
- Organ damage
- Serious soft tissue injuries
If you were involved in a truck accident, your injuries may have been life-threatening. That’s especially true if the cargo was dangerous, such as gasoline or heavy machinery. These injuries may need treatment right away, so even if you feel fine after an accident with a commercial truck, make sure to get help anyway.
Liability in a Miami Truck Accident
When you’re hurt in a truck accident, pinpointing the financially liable party can be difficult. The at-fault party will almost certainly not be willing to help you get compensated for your injuries, so you and your truck accident lawyer may need to focus on identifying the liable party and proving that they are at fault for your losses.
Several parties can be held liable for a truck accident. These may include:
- The Truck Driver: A truck driver may be liable if the driver was drunk, drowsy, speeding, violating traffic rules at the time of the crash, or engaging in any other negligent or wrongful behavior. However, in many cases, it is possible to hold other parties, such as the trucking company, vicariously liable for the truck driver’s actions. This is because the driver may have been on the job at the time of the accident.
- The Trucking Company: It is the responsibility of the trucking company to hire drivers who are qualified and experienced. The company must also enforce Florida’s hours-of-service rules and other federal and state regulations. You can file for damages when a trucking company fails to fulfill its legal responsibility, leading to a crash.
- The Cargo Company: The cargo onboard a truck must be secure to ensure road safety. The cargo company must ensure that the cargo complies with weight limits, is properly secured, and has suitable warnings displayed if it includes volatile or dangerous materials. When the cargo is not secure, it can spill or fall off the truck and create hazards for other drivers and vehicles. In such a case, the company responsible for loading and securing the cargo can be held liable.
- The Manufacturer: Defective trucks or truck parts can result in failures that contribute to accidents. If a crash is directly caused by a manufacturing failure, the manufacturing company could be held responsible. Examples of common truck defects include defective tires, braking systems, reflective strips, and mechanical components.
At Fischer Redavid PLLC, our Miami truck accident attorneys work with accident reconstructionists and other experts to determine how the crash occurred and, most importantly, who is responsible for your damages.
We also work with economists, medical professionals, and other specialists to create a clear, full picture of your damages and how the crash has impacted your life. We then present this evidence to the insurance company, judge, and/or jury in a powerful and compelling way. Our goal is to help you get the maximum amount you are owed, even if that means taking your case to court.
Florida Laws May Impact Your Accident Claim
After your truck accident, you may be thinking about taking your claim to Miami court for a lawsuit. However, your claim could also be affected by state law, and you may need an attorney to make sure those laws don’t affect your claim.
For example, you only have four years at most to file your lawsuit. In some cases, you may have even less time. If you don’t act in time, your claim could be dismissed, leaving you without compensation for your damages. Your compensation could also be reduced or dismissed if you’re found partly at fault for the accident. A lawyer can be crucial to understanding these laws and ensuring you don’t make costly mistakes.
Compensation for 18-Wheeler Accidents
A truck accident can be devastating in many ways. You’re injured, of course, but the financial burden of your wreck is likely already weighing on you, not to mention the mental and emotional toll. The pain of your injuries alone may make it hard to recover from the accident.
Your truck accident lawyer can focus on getting you the compensation you need, not just the insurance company’s settlement. The settlement may not cover key expenses and rarely includes the intangible losses you’ve suffered because of the accident.
Depending on the details of your case, you could be entitled to compensation for the following types of damages:
- Medical bills
- Future medical expenses
- Lost income/wages
- Financial loss
- Property damage
- Pain and suffering
- Emotional trauma
- Mental anguish
- Loss of earning ability and future income/wages
At Fischer Redavid PLLC, we fight to maximize our clients’ recoveries, helping them secure the resources they need to get back on their feet and move forward with their lives. We encourage you to reach out to our firm today to learn how we can help you with your semi-truck, 18-wheeler, or tractor-trailer accident case.
When you’re hurt in a car accident, you’re likely to face numerous challenges, and the insurance company may not be doing its part to ease your suffering. So, what happens when the other driver is behind the wheel of a commercial truck?
There are many factors involved in these types of accidents, making them more complicated than typical auto accident claims.
Some of these factors include:
- Insurance Companies and Employers: When huge commercial vehicles cause an accident, you’re not just dealing with the driver. You’re also dealing with the company they’re driving for, as well as the company’s insurance policy. These insurers will work hard to protect their clients and their interests.
- Injuries and Damages: Injuries sustained in accidents with big commercial vehicles are simply more serious than accidents involving smaller vehicles. Because of this, you may have suffered more expensive damages. These are losses the insurance company may be unwilling to cover. When insurers fail to repay you, even with evidence that the truck driver was negligent, you may have a difficult path to recovery.
- Extensive Damage: The size of these trucks, along with their weight, are factors that make them more dangerous than other vehicles. It’s difficult to see and avoid them, and the weight of big trucks can cause serious damage. The average cost of repairing a vehicle after a collision with a big truck can cost thousands of dollars, assuming your vehicle can even be repaired. Sometimes, cars that have collided with an 18-wheeler are declared a total loss because they’ve been pushed underneath and crushed.
- Hazardous Materials: An 18-wheeler driver employed by a trucking company may be carrying dangerous cargo, like hazardous substances or chemicals, which can damage property and cause severe injury in a crash. Hazardous materials include substances that are toxic or flammable. These can cause explosions or fires and cause burns and disfigurement in accident victims. If you’re involved in a car accident with an 18-wheeler carrying hazardous materials, certain federal laws may apply to your situation.
Accidents involving commercial vehicles can be more complex and difficult to handle than standard car accident cases. If you’re concerned about getting answers and recovering from the suffering you’ve experienced, reach out to the lawyers at Fischer Redavid PLLC. Our team is here to help you understand your claim and help you recover fair compensation.
Schedule a Free Consultation with Our Truck Accident Team
When you’re injured in a truck accident, recovering from your injuries may feel impossible. Worse, it can feel like everyone is against you when filing a lawsuit—the insurance company doesn’t want to pay, the defense will fight back, and both will try to pin all the blame on you, not on their actions.
You may need legal guidance from the lawyers at Fischer Redavid PLLC. We understand that you’re suffering because someone else was careless, and we’re ready to help you fight for the maximum settlement you need, not just a part of it. If necessary, our Miami truck accident attorneys are fully prepared to represent you and your rights at trial.
Settling with the driver’s insurance company may be an option for your claim, but it’s rarely your best option. These insurance companies want to protect their own profits—not your health, safety, or financial security. Because of this, they may offer you a lowball settlement. They may not offer you a settlement at all. Instead of playing by their rules, your truck accident attorney can help you file a lawsuit.
Losing a family member is devastating, and knowing a careless truck driver or negligent trucking company is liable for the incident makes it even tougher to focus on your grief. Fortunately, your family may be eligible for compensation that covers your losses. The liable party can be held financially responsible for the death, so talk to your lawyer about your family’s options for filing a wrongful death lawsuit.
Even if you’re partly at fault, it’s best not to accept that blame. It may seem like a nice thing to do, but the insurance company and defense will take note. They can use your words against you, and they won’t hesitate to do so if it means paying less for your lawsuit. Because you could lose part or all your compensation, talk to your truck accident lawyer before you talk about the fault to the insurance company.
That being said, you could still be entitled to compensation if you are found to be partly at fault. Under Florida’s pure comparative negligence rule, you can seek compensation for injury-related damages if you were partly at fault for the incident that caused your injuries; however, you cannot recover the full amount you are seeking in compensation. Instead, your recovery will be reduced by your at-fault percentage. So, if you are 30% to blame, you can only recover up to 70% of the total amount of your damages.