With busy highways like I-95, I-75, and Florida’s Turnpike converging around Miami, it is no surprise that truck accidents happen far too often. According to the Federal Motor Carrier Safety Administration (FMCSA), there are more than 10,000 crashes involving semis, box trucks, and other big rigs on Florida roads every year.
If you were injured or lost a loved one, you may be entitled to amounts for medical costs, lost wages, and pain and suffering. A Miami truck accident lawyer can assist with the legal process for recovering compensation, which can be complicated because liability often extends beyond the driver. Here are a few potential parties you may need to pursue.
Negligent Trucking Companies
Trucking carriers have a federal duty to follow strict safety rules for the protection of all motorists. Negligence by the company can include forcing drivers to violate federally mandated hours-of-service limits, which leads directly to fatigue-related crashes. Companies may be liable for negligent hiring, like putting an unqualified or dangerous driver behind the wheel of a massive commercial vehicle.
Product Liability Claims for Defective Truck Parts
A truck’s mechanical failure can be the direct cause of a devastating accident, moving liability to a manufacturer. You may have a product liability claim if a critical component fails, and examples are:
- Faulty brakes
- Exploding tires
- Defective steering systems
These lawsuits in Miami hold the manufacturer strictly liable if their defective product was unreasonably dangerous, providing a separate path for victims to seek justice.
Improper Cargo Loading and Miami Container Truck Crashes
Given the high volume of freight movement in and out of Miami’s port areas, improper cargo loading is a significant cause of truck accidents. If not loaded, balanced, or secured correctly, cargo can shift suddenly, causing the driver to lose control and potentially leading to a rollover or jackknife accident.
In such cases, the party responsible for the freight’s securement may be liable, including a third-party logistics company or shipper. Proving fault requires investigation of bills of lading and loading manifests to identify the company that breached its duty of care.
Negligent Maintenance and Repairs on Big Rigs
Trucks require meticulous and regular maintenance to operate safely. When a collision in Miami is caused by mechanical failure, such as worn-out tires, broken lights, or faulty steering—the negligence may trace back to the entity that performed the repairs. Plaintiffs can pursue these maintenance companies by showing that their substandard service directly contributed to the crash.
Speak to a Miami Truck Accident Attorney About Your Options
As you can see, there may be many potential parties in a truck crash claim. Identifying every negligent entity is crucial to recovering the maximum compensation you deserve. The attorneys at Gerson & Schwartz, PA, aggressively pursue all potential defendants, from the driver to the trucking company, cargo loaders, and manufacturers. If you or a loved one has been injured, learn about your legal rights today by contacting our offices in Miami, Fort Lauderdale, or West Palm Beach. You can call (305) 371-6000 to schedule a free consultation with our team.