Truck accidents are often much more devastating than other types of motor vehicle accidents. The sheer size and weight of a truck can cause catastrophic injuries or death. If you or a loved one has been involved in a truck accident, it is important to speak with experienced Miami truck accident lawyers who can help you understand your rights and options.
When Can You File a Truck Accident Claim?
Almost half a million truck accidents occur in the United States every year, including small passenger trucks and large commercial trucks. One out of every eight truck accident victims will die as a result of their injuries. Truck collisions are unlike car accidents or any other type of motor vehicle accident. Recovering damages from a truck crash can be a daunting task.
Truck drivers are subject to different rules and regulations than other drivers on the road. They must follow hours of service rules set by the Federal Motor Carrier Safety Administration (FMCSA). These rules are designed to prevent truck driver fatigue, which is a leading cause of truck accidents.
There are many other federal and state regulations that apply to trucking companies and their drivers. These regulations cover everything from the maintenance of the trucks to the training of the drivers. When these regulations are violated, it can be the basis for a truck accident claim.
Florida Truck Accident Statistics
In 2019, the Florida Department of Highway Safety and Motor Vehicles reported 25 fatalities from medium-to-heavy truck crashes over 10,000 pounds – with an additional 8 people killed due to lighter vehicle collisions under 10,000 lbs.
The National Highway Traffic Safety Administration (NHTSA) reported that, in 2019, approximately 75% of all large trucks were involved in fatal collisions leading to the unfortunate deaths of 5,005 people. Unsurprisingly, this figure was almost identical for 2018 with nearly 5,006 fatalities recorded.
The NHTSA discovered an alarming 71% of fatalities in truck accidents were occupants of other vehicles, most commonly between 6 A.M – 5:59 P.M on weekdays; and startlingly 2% involved alcohol-impaired drivers.
2020 saw a staggering 341,399 motor vehicle crashes resulting in 3,300 fatalities. Heavy and medium trucks of over 10,000 lbs. were responsible for 29 deaths but the number of those who sustained no injuries was 27,044. Unfortunately, 111 experienced incapacitating pain and 789 possible injuries as well as 389 non-incapacitating ones also occurred due to these vehicles.
Light trucks, weighing less than 10,000 lbs., were responsible for the tragic loss of 4 lives and left 43 people with incapacitating injuries, 633 possible injuries, and 232 non-incapacitating ones. Thankfully though, 5,734 individuals emerged unscathed from these accidents.
In 2019, Florida shockingly reported one of the highest numbers of large truck and bus collisions in the nation.
Common Causes of Truck Collisions
It is important to understand that truck accidents can happen for a variety of reasons.
Some of the most common causes of truck accidents include:
Driver fatigue: Truck drivers often work long hours and are sometimes pressured by their employers to meet unrealistic deadlines. This can lead to driver fatigue, which is one of the leading causes of truck accidents.
Distracted driving: Distracted driving is a problem for all drivers, but it can be especially dangerous for truck drivers who are operating vehicles that weigh 20 times more than the average passenger car.
Driving under the influence: Driving under the influence of drugs or alcohol is never a good idea, but it is especially dangerous when operating a large commercial truck.
Speeding: Speeding is a leading cause of all types of motor vehicle accidents, and truck accidents are no exception. When a truck driver is speeding, it can be difficult to stop or maneuver the vehicle, which can lead to a serious accident.
Improper cargo loading: Improperly loading or securing cargo is another common cause of truck accidents. If the cargo shifts or falls off the truck, it can cause the truck to lose control and crash.
Improper maintenance: Trucking companies are required to perform regular maintenance on their vehicles. When this maintenance is not performed, it can lead to mechanical problems that can cause an accident.
Inadequate training: Trucking companies are required to train their drivers on how to operate their vehicles safely. When this training is not adequate, it can lead to accidents.
Common Injuries in a Truck Collisions
Truck accidents are unlike any other type of motor vehicle accident. They often involve large commercial trucks that weigh 20 times more than the average passenger car. This can lead to catastrophic injuries or even death.
Truck accidents can completely transform your life. Some of the common injuries that you may sustain after a truck accident are as follows:
- Traumatic Brain Injuries (TBI)
- Spinal Cord Injuries
- Scarring
- Disfigurement
- Temporary or Permanent Disability (If any)
- Broken bones
- Wrongful Death
Who Is Responsible For A Truck Accident?
Identifying who is liable for damages caused by an accident is a critical matter and can be far more complicated than one might think. There are many different parties who could potentially be held liable for damages caused by a truck accident.
The most common parties who may be held liable for a truck accident are as follows:
- Truck driver: The truck driver may be held liable if they were driving recklessly or under the influence of drugs or alcohol.
- Trucking company: The trucking company may be held liable if they failed to properly maintain the truck or train the driver.
- Cargo company: The company responsible for loading the cargo onto the truck may be held liable if the cargo was not properly secured.
- Manufacturer: The manufacturer of the truck or its parts may be held liable if a defect caused the accident.
It is essential to have an experienced Miami truck accident lawyer on your side to help you navigate the complex process of pursuing a claim against the party or parties responsible for your injuries. For a successful claim, you will need to prove that the other party was negligent and that their negligence led to your accident and injuries.
To determine whether the responsible party was negligent, you will need to look at the following factors:
- The duty of care: The first step is to determine whether the other party owed you a duty of care. In most cases, the truck driver and trucking company will owe you a duty of care.
- The breach of duty: The next step is to determine whether the other party breached their duty of care. This can be proven by looking at the truck driver’s actions leading up to the accident.
- The causation: The next step is to determine whether the other party’s breach of duty led to your accident and injuries. This can be done by looking at the cause of the accident and determining whether the other party’s actions were a contributing factor.
- The damages: The last step is to determine whether you suffered any damages as a result of the accident. This can be done by looking at your medical bills, lost wages, and other expenses.
If you can prove that the other party was negligent and that their negligence led to your accident and injuries, you may be able to recover damages.
What Compensation Can You Recover After A Truck Accident In Miami?
If you sustain injuries in a truck accident, you may be able to recover the following types of compensation:
- Medical expenses: You may be able to recover the cost of your medical treatment, including hospitalization, surgery, and rehabilitative care.
- Property damage/Vehicle damage: You may be able to recover the cost of damage to your vehicle or any property damage.
- Lost wages: You may be able to recover the income that you lost as a result of the accident.
- Pain and suffering: You may be able to recover damages for the physical and emotional pain and suffering as a result of the accident.
If you are bringing a claim against a trucking company, you may also be able to recover punitive damages. Punitive damages punish the trucking company for their negligence. Moreover, it will also discourage similar behavior in the future.
It is important to note that the amount of compensation you receive will depend on the severity of your injuries and the facts of your case. An experienced Miami Injury lawyer will be able to evaluate your case and help you determine the best course of action to take.
How Can Miami Truck Accident Attorneys Help You?
The aftermath of a truck accident can be much more devastating than other road accidents. If you have an involvement in a truck accident, it is essential to consult truck accident lawyer. They can help you navigate the complex legal process and fight for the compensation you deserve.
- Investigating the accident: It is vital to investigate the accident case. Furthermore, it is vital to gather the evidence you need to prove your case.
- Identifying the responsible parties: They have the knowledge and resources to identify all of the liable parties who have involvement in the accident.
- Calculating the value of your claim: They will be able to calculate the value of your claim and help you recover the compensation.
- Negotiating with the insurance companies: An experienced truck accident attorney will know how to deal with the insurance companies. Insurance companies are often reluctant to pay out large settlements. In addition, they know how to negotiate with them and fight for the compensation you deserve.
- Taking your case to trial: If necessary, a truck accident lawyer will be prepared to take your case to trial. Moreover, they will fight for the compensation you deserve.
The sooner you have a Miami truck accident attorney on your side, the better your chances of recovering compensation.
Contact Experienced Truck Wreck Lawyers At The Berke Law Firm P.A. Today!
At the Berke Law Firm, we have over 30 years of experience handling truck accident cases. We understand the complex legal process and know how to build a strong case to get you the compensation you deserve.
We understand the traumatic impact a truck crash can have on the injured victim. Furthermore, we have provided competent and compassionate legal representation to countless truck accident victims.
If you have been involved in a truck accident, contact us today to schedule a free case consultation. We will help you by discussing your case, investigating your case, and devising an appropriate strategy.