Miami Personal Injury Lawyer Blog
Due to the size of a semi and its cargo, truck accidents are some of the most catastrophic tragedies that occur on roads around Miami. Victims do have rights after a collision, and liability is a central issue. In Florida, liability for a commercial driver’s crash can fall on the driver, trucking company, or even third parties like maintenance crews.
Fault is based on negligence, and multiple parties may share legal responsibility for the accident. A Miami truck accident attorney can provide details, but some background about liability is helpful.
Who Really Pays the Price for a Florida Truck Crash?
After a commercial truck accident in Miami, victims often suffer serious injuries, property damage, and emotional trauma. But who actually pays? In many cases, the injured party faces medical bills, lost wages, and car repairs long before the insurance companies assign blame. If you were hurt in a truck crash, determining liability quickly is essential. Insurance companies and commercial carriers often try to limit what they owe, leaving victims to pick up the financial pieces.
How Florida Law Determines Fault After a Commercial Truck Wreck in Miami
In Miami, liability for a commercial truck accident is determined under Florida’s comparative fault law. The question involves an analysis of who contributed to the crash and what percentage of fault should be attributed to each party. If the commercial driver acted negligently, they may bear most of the blame.
However, fault can also rest with other parties. Even the victim could share some of the blame for an accident, in which case the law operates to reduce compensation. Victims must gather evidence early to support their claims, such as:
- Police reports
- Photos of damage
- Witness statements
- Black box data
Multiple Parties, One Crash: Liability Factors
Truck accidents in Miami often involve more than just the driver. Florida law allows victims to pursue claims against any party whose negligence played a role. The vehicle’s maintenance provider, a shipping broker, or even the truck manufacturer could all share legal responsibility.
Plus, trucking companies in Miami can be held liable under a legal principle called “vicarious liability.” If the commercial driver was acting within the scope of their job during the crash, the company may be financially responsible. Additionally, if the company failed to properly train, screen, or supervise the driver, it could face direct liability. These questions make it important to work with a legal team that understands how to uncover all sources of liability in commercial crash cases.
Discuss Your Remedies with a Miami Truck Accidents Lawyer
Liability is just one of the complications involved with truck crash claims in Florida. At Gerson & Schwartz, PA, our legal team brings decades of experience handling complex commercial vehicle accidents across South Florida. We understand the challenges victims face and work diligently to hold all responsible parties accountable. If you or a loved one has been injured in a truck accident, you do not have to face it alone. Please call (305) 371-6000 or go online to schedule your free consultation today.
