Miami Truck Accident Lawyer
If you or a loved one were seriously injured in a truck accident in Miami then you need experienced legal help from the best truck accident lawyer available. Serious injury and wrongful death due truck accident and other large commercial vehicles are different from accidents that just involve cars or ordinary passenger vehicles. Injuries can be serious to catastrophic. Legal issues are often complex and require analysis of both state and federal law. Special laws, rules, and regulations from the Interstate Commerce Commission and Federal Motor Carrier Safety Administration exist to provide all Florida motorists protection. Federal agencies also establish safety regulations that truck drivers and their operating companies must follow. This is because in order for a trucking company to survive and succeed as a business the company must prioritize getting its clients goods delivered quickly. For over 50 years, the Miami truck accident lawyers at Gerson &Schwartz PA have helped countless Miami truck accident victims in Miami who have been seriously injured in crashes with semis, big rigs, tractor trailers and other large commercial vehicles. Our personal injury law firm handle truck accident cases throughout Miami Dade, including the city of Miami, unincorporated Miami, Florida and all over South Florida where serious injury or death occurs. Lawsuits can be based on crashes due to speeding, negligent vehicle maintenance, failing to yield the right of way, distracted driving, drunk driving, and accidents due to many other types of driver safety rules.
Over four decades of experience gives us the type of familiarity with federal motor regulations and other laws and regulations needed to prove negligence of another. Our lawyers provide aggressive legal representation when pursuing a legal claim for a serious, catastrophic injury, or wrongful death. Gerson & Schwartz, truck accident attorneys investigate all potential legal theories to establish legal and financial responsibility. We provide high quality legal representation for our clients. Often we retain leading experts in accident reconstruction, data recorder analysis, human factors, and other medical specialties. We strive to provide the highest level of legal representation available.
In many truck crashes in Miami Dade and other types of commercial vehicle accident cases corporations may send a team of investigators immediately to an accident scene. Our experience over the last four decades allows us to combat these types of mitigation tactics designed to defend and insulate legal liability. Our personal injury law firm takes pride in the work we do as evidenced by our past case results. If we are hired to be your truck accident attorneys your case will be handled by aggressive trial lawyers. We offer all clients with individualized and quality legal representation. Consultations are free and there are no attorney's fees unless we collect money on your behalf. If a fair settlement offer is not made we wont hesitate to file a lawsuit on your behalf. Your trucking accident case will be tried quickly in court if we are hired to be your lawyers.Truck Accidents Facts and Collision Statistics
Trucks or big rigs are often powered by powerful locomotives to which containers called trailers often loaded with cargo attached. A large commercial truck may weigh in excess of 40 tons and be as long as 75 feet in length. For this reason, it is no wonder that accidents involving large trucks usually involve serious property damage and severe injuries. At high speeds, the result of truck collisions are that tons of mass and energy dominate smaller vehicles in a crash.
Statistics regarding traffic accidents where a large commercial truck is involved portray a harsh image for victims of collisions. The U.S. Department of Transportation reveals that more than a half-million truck accidents occur each year. These accidents cause around 5,000 deaths annually, which represent 12 percent of all traffic-related deaths.
Florida's roads saw more than 4400 deadly traffic accidents annually in recent years, with an average of nearly 350 involving trucks. These studies also revealed an aspect that is even more startling: 77 percent of the people injured in truck accidents, and 86 percent of the people killed, are drivers of small passenger vehicles. In other words, most of the time trucking accidents injure other travelers-not the truck driver.
Studies also show that nearly one-third of all commercial truck accidents involved a truck driver who failed to take the required number and length of rest breaks and failed to get the required amount of sleep. These studies also revealed an aspect that is even more startling: 77 percent of the people injured in truck accidents, and 86 percent of the people killed, are drivers of small passenger vehicles. In other words, most of the time trucking accidents injure other travelers-not the truck driver.How to Prove Truck Accident Negligence
Many times, truck accidents are attributable either to speed, driver fatigue, distracted driving, driver error, or mechanical failure. Driver negligence and negligent supervision (or lack thereof) of the driver by the company can be demonstrated by showing the company's level of maintenance of the truck or requiring drivers to operate in violation of federal motor carrier safety regulations. Other complex and unique aspects of truck accident cases can involve insurance coverage issues. Truck accident negligence can also be proven by showing that company's drug testing (or lack thereof) of the truck driver, and the existence and quality of the trucker's records and logs. In cases where the truck driver's negligence is not apparent there still may be accountability. As an example, if a trucks brakes fail, and the driver gets into an accident it may be the trucking company failed to train or educate its drivers properly regarding the correct safety procedures to employ in cases of maintenance or other aspects of vehicle maintenance.
Fortunately, in today's day and age many trucks are equipped with data recording devices. When accessed they provide useful information to prove time, speed and other distances. Vehicle preservation to access this information is key to success for accident victims.
The Miami, Florida truck accident attorneys at Gerson & Schwartz, PA specialize representing trucking accident victims and are familiar with applicable trucking laws, rules and safety regulations. Our lawyers effectively and aggressively represent clients that are seriously injured. In addition to fatigued truck drivers several other types of negligence claims that our truck accident lawyers in Miami have direct experience in are due to:
- Miami Truck Accidents Due to Speeding
- Distracted Driving Truck Crashes in Miami
- Truck Crashes and Accidents due to Improper Loading
- Truck Crashes due to Improper Driving of Road, Weather, or Traffic conditions
- Truck Accidents Due to Drugs and Alcohol use
- Aggressive Driving Truck Accidents in Miami
- Poor Truck or Tire Maintenance
- Incorrectly Secured Loads/Spilled Loads
- Texting and Driving Truck Crash Cases
- Cell Phone Usage
- Mechanical Failure
- Violations of Federal Motor Safety Regulations
Unfortunately, some truck companies value speed over safety which leaves the other motorists on the road with its drivers at an elevated risk of a devastating accident. However, speed should never result in sacrifices to safety. Sadly, sometimes the safety of travelers takes a back-seat-with deadly consequences. This may also lead some companies to hire under-qualified drivers, or to push their drivers to cut corners regarding safety measures.Contact an Experienced Truck Accident Attorney at Gerson and Schwartz PA Today for Help
If you or a loved one has been hurt in an accident involving a commercial truck, contact a truck accident lawyer in Miami, Florida at Gerson & Schwartz, P.A. today to discuss your case. Call us at (305) 371-6000 or toll free at (877) 475-2905 today. Gerson & Schwartz, law firm represents truck accident victims and their families throughout all parts of South Florida including Miam- Dade, Homestead, West Palm Beach, Orlando, Monroe, Hollywood, Orange County, Boca Raton, and the Florida Keys.Frequently Asked Questions
- What Should I do if I am Injured in a Truck Accident?
- What are Truck Accident Cases Based on in Florida?
- What can You Receive Damages for in a Truck Accident Case?
- What is Personal Injury Law?
If you have been involved in a truck accident, there are a series of steps you should follow to ensure your safety, shield yourself from liability, and best support your claim for recovery.
(1) remain calm, (2) move your vehicle to a safe location, (3) avoid altercation with the other driver, (4) exchange insurance details, driver's license number, and vehicle registration with the other driver, (4) obtain the names, addresses, and phone numbers of as many witnesses as are willing to provide them (5) obtain medical attention: the full trauma of an accident is often not felt for few days. therefore it is important to seek medical treatment as soon as possible after the accident, even if you may believe your injuries to be minor, (6) obtain pictures of the scene, (7) do not give a statement to other driver's insurance company: you have no duty to provide any kind of statement to the other driver's insurance company. therefore, you should refuse to make comments of any kind about the accident, and should contact a lawyer before making a statement to your own insurance company as well.
Truck accident cases in Florida are lawsuits based on common law and statutory principles of negligence. In all negligence cases, in order to recover compensation for economic or non-economic losses, the victim must show that the defendant owed a legal duty of care to him or her, that the wrongdoer breached of that duty, and that this breach caused the harm at issue. In other words, a negligence claim may arise from a defendant’s failure to act with reasonable care in a way that injures the victim or even takes his or her life.
Settlements or verdicts may include damages for (a) medical bills, (b) future medical care, (c) lost income, (d) loss of future earning capacity, (e) disability, (f) pain and suffering, (g) loss of society, companionship, and financial support, (h) scarring and disfigurement, (i) funeral expenses, (j) psychological harms, and (k) inability to lead a normal life.
Sometimes, punitive damages may be recovered in instances where there is gross negligence, reckless disregard for the life and safety of others, or intentional harmful wrongdoing. Situations where these damages may apply include cases involving motor vehicle accidents caused by drunk drivers, distracted drivers, and other intentional harms.
Personal injury laws provide legal recourse for truck accident and injury victims who sustain bodily harm caused by others. A personal injury claim or lawsuit may arise from a negligent, careless, reckless, or even intentional act. General principles of negligence state we owe a duty of care to others. Any person, corporation, or combination of parties can be negligent if they breach their duty of care. Negligence does not require intent. The conduct that caused the harm only has to fall below the level of care a reasonable person would use under like circumstances. The nature and extent of the duty owed depends on the circumstances.
- Overview of Federal Motor Carrier Safety Regulations
- Truck Driver Negligence
- Accidents Caused by Truck Driver Fatigue
- Distracted Driving Truck Accidents
- Truck Accidents Due to Drug and Alcohol Use
- Accidents Due to Improper Loading
- Truck Accidents Due to Negligent Maintenance
- Truck Accidents Due to Substance Abuse
- Truck Accident Investigations
- Evidence in Truck Accident Cases
- FAQ About Florida Commercial Truck Accidents