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2019 Top 3 Personal Injury Lawyer in Miami

Brickell Truck Accident Lawyer

Have you been injured by a large commercial truck? Semis, tractor-trailers, and 18 wheelers can be seen racing along I-95, transporting goods to and from Brickell Avenue in Miami, Florida. These vehicles, weigh up to 80,000 pounds, can cause life-altering injuries when they collide with drivers and motorcyclists. And when they pull off the highway, or roadway they are also danger to bicyclists and pedestrians on Brickell Avenue. With the number of trucks that carry supplies to and from Brickell, Florida, it’s no surprise when a truck accident happens. These are some of the most hazardous accidents on the roadways in Southern Florida. If you or a loved one has been injured in a truck collision, contact a Brickell truck accident lawyer at Gerson & Schwartz. Contact us today to schedule a free consultation. You can call (305) 371-6000 or, toll-free, (877) 475-2905 or fill out an online contact form.

Why You Need to Hire a Truck Accident Lawyer in Brickell

Before making a claim for compensation, you need to identify all parties that are responsible for the crash. This takes the experience of qualified lawyers that have handled truck accident cases. Who to sue and why must be analyzed in every case. Who the defendant or defendants will be will depend on the circumstances. Some of which are not always obvious. Some of the most common defendants may include:

  • Vehicle Owners - under Florida’s Dangerous Instrumentality Doctrine the owner of a vehicle is responsible for the harms caused, so long as the truck was operated with the express or implied permission of the vehicle owner. This applies to truck owners and their vehicles.
  • Truck Drivers – Truck drivers are required to carry a CDL or “commercial driver license”. Every truck driver on the road owes a legal duty to operate their vehicle with reasonable care. Additional safety rules also apply to truck drivers. When these rules are not followed accidents can happen. Our truck accident lawyers are well versed in the different federal motor carrier safety rules and regulations that apply in a truck accident case. We know what to questions to ask, what documents to review, and how to get copies when the negligent party refuses to cooperate.
  • Automobile Manufacturers based on Product Liability Claims-  if a defectively designed or manufacturing defect in a truck caused an accident or death,  you may be able to pursue a legal claim against the manufacturer, distributor, wholesaler, and/or retailer for the defect, the defective design or some other component part.
  • Employees and Drivers - Under Florida law, employers are legally responsible for the negligent or careless acts of their employees. There are lots of businesses and restaurants on Brickell Avenue. If an employee caused your Brickell truck accident the employer is on the hook. Br
  • Ridesharing Companies like Uber and Lyft- Brickell Avenue is inundated with Lyft and Uber drivers. If your truck accident on Brickell or any other area in Miami, Florida you these companies are on the hook for any negligence caused by their drivers. 
  • Brickell Truck Accidents due to driver inattention, carelessness, negligence, or recklessness caused the collision then you can file a legal claim or sue the truck driving company. Under Florida law, employers are generally liable for injuries and damages caused by their employees in the normal course of business.
Gerson & Schwartz Lawyers at Have Experience Working With Many Types of Cases

Truck accident victims should leave the complicated task of sifting through the facts to your Brickell truck accident lawyer. As the injured victim, your focus should be on your recovery so that you can make the maximum improvement possible.

At Gerson & Schwartz, our legal team has a vast range of experience working with clients who live and reside in Brickell. Our personal injury law offices are minutes away from the Brickell corridor. We have represented Brickell residents seriously injured in truck accident cases on Brickell due to:

Common Causes of Truck Accidents in Brickell, Florida

Statistics put together by the Federal Motor Carrier Safety Administration (FMCSA) have shown that the leading causes of truck accidents include:

  • Driver fatigue
  • Distracted Driving
  • Rear End Collisions
  • Negligent Maintenance
  • Brake problems
  • Speeding
  • Texting and Driving
  • Driver unfamiliarity with the roadway
  • Driver’s use of over-the-counter drugs
  • Drugs and Alcohol Use

Most disturbingly, insufficient sleep made this list. It was implicated in around 13% of all accidents involving commercial trucks. The federal government closely regulates the hours that commercial truck drivers can spend behind the wheel, so the number of tired truckers on the road should be reduced.

Federal Motor Carrier Safety Regulations provide hours of service regulations mandate that drivers take at least 10 consecutive hours off after driving for a maximum of 11 hours. Drivers also cannot be on duty for more than 14 hours in a 24-hour period. Nevertheless, some truck drivers violate these rules and push too hard, causing collisions.

Truck Accidents Can Result in Devastating Injuries

Because of their size, commercial trucks can cause more serious injuries than collisions with regular passenger vehicles. Many passengers, pedestrians, and bikers die as a result of these collisions. Even those who survive can face serious injuries, such as:

  • Broken Bones
  • Burn Injuries
  • Crushed limbs
  • Scarring and Disfigurement
  • Dismembered limbs
  • Second- and third-degree burns
  • Shattered vertebrae in the back or neck
  • Paralysis or loss of sensation due to spinal cord damage
  • Nerve damage
  • Traumatic brain injuries causing speech, memory, and mobility problems
  • Fatalities

These devastating injuries can be life-altering, preventing many of our clients from ever walking or working again. Some seemingly minor injuries, like back strains or concussions, turn out to be much more serious than our clients ever imagined.

A Brickell Truck Accident Attorney Can Help Pursue Compensation 

Our clients often come to us in pain, worried about what the future will bring. Many are struggling to return to work and pay their bills, which now include medical expenses for the injuries suffered in the collision. Many of our clients qualify for compensation if someone else is to blame for an accident. We help clients recover money damages as compensation for:

  • Past, present, and future medical bills
  • Past, present, and future lost wages
  • Property damage
  • Pain and suffering
  • Emotional and psychological harms 
  • Disability and Physical Impairment
  • Inability to Lead a Normal Life
  • Scarring and Disfigurement
  • Emotional and Psychological Harm
  • Loss of Bodily Function

In truth, all injuries warrant close medical attention. Follow your doctor's orders and get a second opinion if you do not think you are improving. The worst thing you can do is to ignore all medical advice, which will only delay your recovery and reduce the amount of compensation you can receive in a settlement or lawsuit.

Contact a Skilled Truck Accident Attorney in Brickell, Florida Today

Truck accidents in Brickell and any other part of Miami Dade County can cause serious injury. At Gerson & Schwartz, our Brickell truck accident lawyers serve clients here in Dade and Broward. We have been representing injured victims for over 48 years. We credit our unflagging dedication to our clients for our high reputation in South Florida, and we want to put our skills to work for you. Avoid delay. Florida gives injured victims only a limited amount of time to bring a personal injury lawsuit. Any delay can cost you important legal rights. Contact us today for a free consultation by calling (305) 371-6000 or (877) 475-2905 or submitting a contact form.

Client Reviews
★★★★★
I am a lawyer in Massachusetts. I had a case to refer against a cruise line in Florida and did my homework on which firm to represent the client. Let me take the guessing out of it for you. Call this law firm and sign up. Brandon Parrelli, Google User
★★★★★
A big shout out to Nick Gerson & Schwartz for helping me navigate my care after a fall against a major cruise ship. They took care of me all along the way and saw me through such a very hard time. I highly recommend their firm if you are looking for a firm that truly cares about you. 5 Stars all the way! Janna Wright, Google User
★★★★★
Mr Nick Gerson has been extremely attentive (even on weekends!) and has been more than willing to take time to answer all my questions. His receptionist (Suzanne) and paralegal (Carla) are courteous, friendly and highly efficient in all matters. Mr Gerson's diligence lead to a very quick resolution of my case. I am more than pleased to recommend you seek him as your attorney. You will not regret you did!! G.I.B.
★★★★★
Mr. Gerson and all his team gave to my case the careful and professional attention it needed from the beginning to end. Unfortunately, a year ago I was involved in a car accident on the victim side. I have appreciation for the good service that was given to me and my situation. Thanks. Cales & Mr. Hyde (Carlos Andrés García Jiménez), Google User
★★★★★
Gerson & Schwartz did an excellent job with my case! Nick Gerson was my primary contact throughout the process and I was overly pleased with his level of professionalism and commitment. Thanks again to the firm for both winning my case and handling it with the upmost respect. Read More » Jhlechia Ervin
★★★★★
Phil is the best attorney! The staff is very helpful and were always kind and understanding. Especially during a PIP claim which can be very frustrating. I am so lucky that I found Gerson & Schwartz to resolve my case, I truly believe there could have been no better outcome. Romina Frascarelli, Google User
★★★★★
Excellent attorneys, they leave no stone unturned in any case and get max value. Jon Zepnick, Google User
★★★★★
I hired Gerson & Schwartz, PA for a personal injury/slip and fall case. Phil Gerson, Nick Gerson, and Ed Schwartz were awesome! They were very professional, supportive, and informative through the whole process. I was amazed at how much time and effort they put into presenting my case. They fought hard for me and I am very happy with the outcome. I love these guys and would highly recommend them to anyone looking for an attorney who will look out for your best interest and fight hard for what you deserve. Deb Betts, Google User