Miami Truck Accident Lawyer
Personal injury cases involving truck accidents and other large commercial vehicles are different from accidents that just involve cars or ordinary passenger vehicles. These differences include the increased chance of death or severe injuries. 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. Special laws and regulations from the Interstate Commerce Commission and Federal Motor Carrier Safety Administration exist to provide all 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.
Studies 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.
Why Hires Us To Handle Your Truck Accident Case
Over forty plus years of experience handling truck accidents and other serious injury cases involving commercial vehicles gives us the type of familiarity with federal motor regulations and other laws and regulations needed to provide effective legal representation when making a claim for a serious, or catastrophic injury or in some cases a claim for a wrongful death. Our Miami, Florida truck accident lawyers will investigate all potential theories of truck accident liability in order to provide high quality legal representation for our clients and ultimately in the courtroom. In many truck and other commercial vehicle accident cases many corporations will send a team of investigators immediately to an accident scene. Our experience over the last four decades allows us to combat these types of tactics. Our firm takes pride in work we do. Gerson and Schwartz, PA offers clients with individualized and quality legal representation to clients in need.
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 todays 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 attorneys effectively and aggressively represent clients that are seriously injured. In addition to fatigued truck drivers several other forms truck accident negligence that our truck accident attorneys in Miami have direct experience in are due to:
- Improper driving for road, weather, or traffic conditions
- Aggressive driving
- Poor truck or tire maintenance
- Incorrectly secured loads/spilled loads
- Text messaging
- Cell Phone usage
- Mechanical failure
- Drugs and Alcohol Use
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.Truck Accident Safety
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 the Florida Truck Accident Lawyers in Miami at Gerson & Schwartz, P.A. today to discuss your case. Call us at 305-371-6000 or toll free at 1-877-475-2905 today. We are available toll free at 1-877-475-2905. Gerson & Schwartz, PA represents truck accident victims and their families throughout all parts of South Florida including Miami Dade, Homestead, West Palm Beach, Orlando, Monroe, Hollywood, Orange County, Boca Raton, and the Florida Keys.