Best Lawyers
Million Dollar Advocates Forum
Best Lawyers 2023
Super Lawyers
Justia Lawyer Rating
Legal Elite
2019 Top 3 Personal Injury Lawyer in Miami
Best Lawyers 2018

Truck Driver Negligence

No driver is perfect, and everyone makes mistakes while driving occasionally. But when the driver who makes a mistake is behind the wheel of an 80,000 pound tractor-trailer, the consequences can be tragic. Truck drivers who fail to follow the law, drink or use drugs while driving, or drive while fatigued are all acting negligently and can be liable for any damage their actions cause. If you or a loved on were injured due to a the negligence of a in a truck accident in Miami contact a truck accident lawyer in South Florida at Gerson & Schwartz PA. Our truck crash attorneys can help victims and family members in Miami Dade, Broward and other areas of South Florida hold negligent truck drivers, owners and operators accountable. Since 1970, the Miami personal injury law offices of Gerson & Schwartz, PA have represented serious injury and wrongful death victims for accidents due negligent and careless acts involving semis, tractor trailers, big rigs, 18 wheelers and other large commercial vehicle accident cases.  All new personal injury case consultations are free. Have questions? Call us today at 305-371-6000 or toll free at (877) 475-2905 to find out how we can help. 

Truck Driver Negligence Takes Many Forms

All drivers, including truckers, have a duty of care to everyone else on the road. This duty requires drivers to act in a reasonably careful and prudent manner given the circumstances. Many courts and states have found that big rig drivers have a higher than normal standard of care, meaning that they have to be even more careful than the average person, because of the extreme size and weight of their vehicles. Additionally, when the Federal Motor Carrier Safety Administration puts a higher burden on truckers than state or federal laws, then the higher standard will apply.

It is clear then that truck drivers and trucking companies must be as careful as possible when maneuvering their vehicles through traffic across the country. When a driver or trucking company fails to meet this burden, the negligent person or entity can be sued. Negligence takes many forms, and a truck driver, owner or another person can be negligent in an unlimited number of ways. Some of the most common reasons our lawyers have proven a truck driver negligence include:

  • Miami truck crashes due to failing to inspect, maintain, or repair the vehicle,
  • Failing to secure loads in violation of state and federal motor carrier safety regulations
  • Truck accidents due speeding or traveling too fast for conditions
  • Distracted driving truck accidents in Miami
  • Exceeding weight limits
  • Miami truck crash cases due driving through dangerous weather conditions
  • Tailgating or following too closely
  • Collisions due to driving while fatigued or in excess of hours-of-service rules, and/or
  • Truck accidents due driving while intoxicated or impaired

In general, truck drivers are some of the most skilled motorists on the road. Their jobs require them to manage vehicles that most people could not begin to drive safely. However, when a trucker fails to exercise sufficient caution while driving, or acts in a manner that is dangerous to other people on the road, he or she can be held responsible for any injuries caused by those actions. For help to find out the reasons behind a crash contact a truck accident negligence lawyer in Miami by calling (877) 475-2905 or email us at

Negligent Truckers and Trucking Companies Can be Held Liable

Truck drivers are compensated based on the total number of miles that they drive, as well as whether or not their deliveries are made on time. When a truck driver’s family income depends on the trucker driving as many miles as possible, there is an incentive for truckers to cut corners, drive while fatigued, or engage in other risky or illegal activities to maximize their profits.

Regardless of how they are paid, truck drivers and trucking companies are required to be familiar with applicable state and federal laws. People working in the trucking industry must learn which laws apply to them and their vehicles, and must make every effort to follow the rules. It’s no excuse for a driver or trucking company to say that they were unaware of a certain rule or law.

Just as a truck driver can be sued for being negligent, trucking companies can also be held liable for their drivers’ actions if they failed to adequately train their drivers or pushed their drivers to break the law by driving extra hours or falsifying log books.

Fight Back Against Truck Driver Negligence in Miami Dade, Broward and the Palm Beaches

If you were the victim of a trucking accident injury, or if your loved one was the victim a wrongful death by a truck driver’s negligent actions in Florida you need experiences legal help. Trucking accidents are complicated, and require skillful analyzation by experienced attorneys.

Gerson & Schwartz, trucking injury lawyers we have over 4 decades of experience working with people injured in trucking accidents in South Florida. Depending on the circumstances of your case, our attorneys will search for and preserve evidence like a truck driver’s logbook or the engine’s “black box,” work with accident reconstruction experts, and use the evidence to create a scientific explanation of how the accident occurred and why. Using this information, the attorneys at Gerson & Schwartz can find every person or entity who may be responsible for your accident and will help you hold them liable in court.

To schedule a free consultation, contact our office today by calling (877) 475-2905 and learn more about how we can help you get justice after a trucking accident.

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 the full review » 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