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 to truck accidents and other large commercial vehicles are different from accidents that just involve cars or ordinary passenger vehicles. Injuries can be severe or 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 with protection. Federal agencies also establish safety regulations that truck drivers and their operating companies must follow. This is because, for a trucking company to survive and succeed as a business, it must prioritize delivering its clients' goods efficiently and promptly. 

Gerson & Schwartz has been representing injury victims in Miami and throughout South Florida since 1970, bringing over 50 years of dedicated legal advocacy to the community. Founded by Philip M. Schwartz, a board-certified attorney who has even testified before Congress to advance victims’ rights, the firm has earned recognition from Super Lawyers, Best Lawyers, Best Law Firms, and Martindale-Hubbell with an AV Preeminent rating, along with a 10.0 rating on Justia. Our attorneys are also proud of the numerous positive Google reviews from clients who have entrusted us with their severe injury cases. Known as one of Miami’s leading personal injury law firms, we pair proven trial experience with compassionate service, ensuring that every client has a strong, trusted legal team on their side.

Who Are the Best Truck Accident Lawyers in Miami-Dade and South Florida?

Our personal injury law firm handles truck accident cases throughout Miami-Dade, including the city of Miami, unincorporated Miami-Dade, Florida, and all of 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.

With over four decades of experience, our firm has developed in-depth knowledge of federal motor carrier regulations and other laws necessary to prove negligence in truck accident cases. At Gerson & Schwartz, each of our seasoned Miami truck accident lawyers aggressively pursues legal claims for victims of catastrophic injuries and wrongful death, exploring every possible legal theory to establish responsibility and secure compensation. We frequently collaborate with leading experts in accident reconstruction, data recorder analysis, human factors, and medical specialties to enhance our cases and deliver the highest level of representation. Because corporations frequently dispatch investigators to crash scenes in an effort to limit their liability, our extensive trial experience allows us to effectively counter these defense tactics and protect our clients’ rights. 

We take pride in our track record of results, and every case is handled by experienced truck accident lawyers who provide personalized, high-quality advocacy. Consultations are free, and clients pay no attorneys’ fees unless we win compensation on their behalf. If insurers refuse to offer a fair settlement, our truck accident attorneys will not hesitate to file suit and proceed promptly to trial.

How Many Truck Accidents Happen Each Year in Florida?

 Trucks, also known as big rigs, are often powered by powerful locomotives to which containers, called trailers, are usually loaded with cargo attached. A large commercial truck may weigh in excess of 40 tons and be as long as 75 feet. For this reason, it is no surprise that accidents involving large trucks often result in significant property damage and severe injuries. At high speeds, the result of truck collisions is that tons of mass and energy dominate smaller vehicles in a crash.

Statistics regarding traffic accidents involving large commercial trucks paint a grim picture for victims of collisions. The U.S. Department of Transportation reports that over a million truck accidents occur annually. 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, which is why consulting a truck accident lawyer can be critical for protecting your rights and pursuing compensation.

How Do You Prove Negligence in a Miami Truck Accident Case?

Many times, truck accidents are attributed to factors such as speed, driver fatigue, distracted driving, driver error, or mechanical failure. Driver negligence and the company's negligent supervision (or lack thereof) can be demonstrated by showing the company's level of truck maintenance or by 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 demonstrating the company's drug testing practices (or lack thereof) for the truck driver, as well as the existence and quality of the trucker's records and logs. In cases where the truck driver's negligence is not immediately apparent, there may still be accountability. For example, if a truck's brakes fail and the driver is involved in an accident, it may be that the trucking company failed to properly train or educate its drivers on the correct safety procedures to follow in cases of maintenance or other aspects of vehicle maintenance.

Fortunately, modern commercial trucks are often equipped with electronic data recording devices that provide critical evidence such as speed, braking, and travel time. Preserving the vehicle after a crash is essential, as a truck accident lawyer can use this information to build a strong case and protect the rights of accident victims.

How Do You Prove Negligence in a Miami Truck Accident Case?

The Miami personal injury team at Gerson & Schwartz specializes in representing victims of trucking accidents. They are well-versed in the applicable laws, rules, and safety regulations governing the trucking industry. Our lawyers effectively and aggressively represent clients who 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 trucking companies value speed over safety, placing other motorists at an increased risk of devastating crashes. Speed should never come at the expense of safety, yet in many cases, the pressure to meet deadlines leads to reckless decisions with deadly consequences. To cut corners, some companies may hire under-qualified drivers or push their employees to ignore safety protocols. A skilled truck accident lawyer in Miami can investigate these dangerous practices, uncover negligence, and hold trucking companies accountable when their choices endanger lives on Florida’s roads.

Contact an Experienced Truck Accident Attorney at Gerson & Schwartz 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 today to discuss your case. Call us at (305) 371-6000 or toll-free at (866) 749-7409 today. Gerson & Schwartz is a law firm that 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.

Frequently Asked Questions About Truck Accident Cases in Miami

• 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?

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 that 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 depend on the circumstances.

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