Wrongful Death Caused by Truck Accidents
Was your loved one the victim of a wrongful death due to a truck accident in Miami? Was a close family member killed in a crash with a semi or other large truck in Dade County? If so, you should contact our experienced fatal truck accident lawyers in Miami, Florida at Gerson & Schwartz P.A. Our team of bilingual personal injury and wrongful death lawyers are highly experienced in investigating commercial trucking accidents and pursuing compensation for clients throughout southern Florida. When your relative’s death was the result of a truck driver, trucking company, maintenance provider, or auto manufacturer’s negligence, we will fight hard for you to receive compensation for your loss.
For over 49 years, Gerson & Schwartz trucking injury and wrongful death lawyers have been helping victims in wrongful death truck accident cases throughout Miami Dade County and South Florida. Our attorneys are well-versed in federal truck regulations written and enforced by the Federal Motor Carrier Safety Administration (FMCSA). After an accident involving a commercial vehicle, we will gather as much evidence as possible to determine if the truck driver, trucking company, or another party violated one or more federal regulations. A trucking regulation violation may be evidence of negligence and support your claim for a financial recovery.
To learn more about pursuing a wrongful death claim after a deadly truck wreck, contact the personal injury law offices are Gerson & Schwartz PA at (877) 475-2905 or schedule a free consultation by contacting us online.Florida Truck Accident Statistics
In Florida, medium and heavy trucks, which weigh more than 10,000 pounds, were involved in thousands of crashes. There were 126 medium and heavy truck drivers who suffered incapacitating injuries, while 371 drivers suffered non-incapacitating injuries. Twenty-seven medium and heavy truck drivers were killed in crashes.
As for medium and heavy truck passengers, 22 suffered catastrophic injuries and 80 suffered non-incapacitating injuries. Seven medium and heavy truck passengers were killed in Florida accidents.
Florida also tracks commercial vehicle crashes by county. In 2017, Miami-Dade County had 8,929 commercial vehicle accidents, which resulted in 1,354 injuries and 20 fatalities. The same year, Broward County had 4,280 CMV crashes, which led to 1,035 injuries and seven fatalities. Monroe County had far fewer commercial crashes with 150, which led to 44 injuries and four deaths.
If your parent, spouse, child, or another relative you depended on was killed in a truck wreck, do not hesitate to call our Miami truck accident attorneys at Gerson & Schwartz P.A. We will immediately begin to investigate the crash, take steps to preserve evidence, and do whatever we can to set you up for a successful wrongful death claim.Common Causes of Fatal Truck Accidents
Trucking accidents occur for all types of reasons, and when a common personal vehicle is in a crash with a large commercial truck, such as an 18-wheeler, cement truck, or flatbed, deaths are all too common. These vehicles are extremely heavy. Semi-trucks with both the tractor and the trailer can weigh up to 80,000 pounds. When these vehicles, which weigh significantly more than a four-door sedan or mini-van, are moving at high speeds, they can cause catastrophic damage.
Some of the most common reasons for fatal trucking wrecks include:
- Speeding over the legal limit or for what is appropriate for the conditions
- Distracted truck drivers
- Truck driver fatigue
- Impairment due to alcohol and/or drugs
- Brake or other mechanical failures
- Negligent maintenance
- Miami Wrongful Death Due to Truck Defects
- Inexperienced or unqualified truck drivers
- Negligence hiring and retention by the trucking company
- Improper loading of cargo on the truck
- Incorrectly secured/unsecured loads
- Oversized trucks without proper warnings
- Jackknife accidents
- Runaway truck accidents
- FMCSA regulatory violations
In many deadly truck accidents, the surviving family is unsure of what happened. You likely will not know what exactly went wrong, who is at fault, and whether or not you can receive compensation. This is why it is so important to speak with a wrongful death attorney in Miami as soon as possible. By hiring an experienced lawyer, you have someone who will immediately take steps to investigate the crash. Through this investigation, we will gather a wide range of evidence, which will help us identify what went wrong and which individual or business is responsible. When we know who is at fault, we can pursue compensation from that liable party.Pursuing Compensation Through a Wrongful Death Claim
If a truck driver, trucking company, maintenance provider, truck or part manufacturer, or another party is at fault for the truck crash and your loved one’s death, you and your family may have the right to seek compensation through a wrongful death claim.
Under the Florida Wrongful Death Act, certain surviving family members—typically close relatives—can receive compensation when their loved one is killed due to another party’s carelessness, recklessness, or intentional misconduct. This legal claim is brought by the personal representative of your loved one’s estate. This individual, which maybe you, another family member, or a professional, will seek as much compensation as possible for the beneficiaries.
Wrongful death compensation may include:
- Medical expenses
- Funeral and burial expenses
- Your loved one’s pain and suffering
- Loss of the decedent’s income
- Loss of decedent’s services
- Loss of decedent’s companionship
- Loss of parental training and guidance
When a serious truck accident causes you to have to live without a parent, spouse, child, or other close relative, it is important to speak with an experienced attorney as soon as possible. Often times, the only way to determine if you have a strong legal claim for compensation is for a lawyer to review the circumstances and determine the likelihood that the accident and your relative’s death was the result of negligence or more egregious conduct.
For an analysis of your case and answers to your questions, contact Gerson & Schwartz P.A. at (305) 371-6000 to schedule a free consultation.