Miami ranks fifth in the country and ninth in the world for worst traffic. Drivers spend an average of 105 hours a year stuck in traffic. With peak speeds crawling at just 25 mph, getting around the city can feel like a constant battle. The risk of serious accidents increases even more with commercial trucks in the mix.
These crashes often happen due to tight delivery schedules, heavy congestion, or unsafe driving conditions. The aftermath can be overwhelming for victims. That’s where Miami truck accident lawyers step in to help.
Truck accidents usually cause severe injuries and significant property damage. Unlike regular car accidents, these cases can involve complex legal and insurance issues. Multiple parties, such as trucking companies, drivers, and manufacturers, can share the blame. Sorting through the details and determining liability can be challenging without professional guidance.
Miami roads are especially risky from factors like frequent rain, ongoing construction, and a high number of tourists unfamiliar with local traffic patterns. These conditions make seeking legal support critical after a truck accident. A lawyer can navigate the complexities and fight for the compensation you deserve.
From dealing with insurance companies to investigating the cause of the accident, skilled Miami truck accident lawyers can reduce that burden. They understand the local laws and have experience handling cases specific to Miami’s unique traffic challenges. A dedicated lawyer can help you pursue justice whether you’re dealing with medical bills, lost wages, or emotional distress.
Don’t face the aftermath alone. Reach out to a professional truck accident attorney Miami at Madalon Law today to protect your rights. We can give you the support you need to move forward for deserved compensation.
Main Types Of Commercial Vehicles Involved in Accidents
Miami plays a key role in trade and logistics. As such, goods are constantly moving through the city on various trucks. These vehicles keep businesses running, but also create serious risks. Truck accidents can cause life-changing injuries or even fatalities.
The risk of these accidents are concerning for road safety as Miami grows. Common types of trucks that Miami truck accident attorneys frequently handle include:
Dry Freight Trucks
Dry freight trucks are common in Miami’s urban and suburban areas, delivering goods to various destinations. These trucks come in different sizes and can access narrow streets, making them perfect for first-mile distribution. However, their frequent presence in crowded areas increases accident risks. So dry freight trucks are more likely to collide with other vehicles, cyclists, and pedestrians.
The driver’s limited visibility and constant stops compromise navigation in heavy traffic. Tight delivery schedules add pressure, making drivers speed or make sudden lane changes. These factors raise accident chances.
Refrigerated Trucks
Refrigerated trucks transport temperature-sensitive goods like food, medication, and medical supplies. These trucks have large cooling systems to preserve perishable cargo. Needless to say, their size and weight make maneuvering hard, especially in Miami’s heavy traffic.
The refrigeration unit’s substantial weight increases the risk of severe damage in a crash. Since these trucks often travel long distances, driver fatigue is also a concern. Long hours on the road and managing refrigeration systems can lead to errors. Bad weather conditions, like rain or fog, also increase accident risks.
Accidents involving refrigerated trucks can be costly, as they carry perishable goods with strict delivery deadlines. Crashes caused by speeding do more than disrupt supply chains; they can also seriously injure other drivers or pedestrians.
Full Truckload (FTL) Tractor-Trailers
Full Truckload (FTL) tractor-trailers carry a single, fully loaded cargo over long distances. These trucks are crucial for Miami’s interstate and international trade. However, they pose serious risks due to their size and weight. A speeding FTL truck in traffic can seriously damage smaller passenger vehicles and cause life-threatening injuries or fatalities.
It’s true FTL trucks have faster transit times and cost efficiency. However risks increase with overworked drivers pressured to meet tight deadlines. These trucks often share highways (such as the I-95) with smaller vehicles, making them accident-prone, especially during heavy traffic or bad weather.
Less Than Truckload (LTL) Trucks
Less Than Truckload (LTL) trucks transport smaller loads for multiple customers, with various shipments in one truck. While this shared load system saves costs, it’s also risky for other drivers.
In busy areas like Miami, LTL (Less Than Truckload) trucks face higher accident risks. They make frequent stops to pick up and drop off goods, which leads to sudden starts and stops. This increases chances of rear-end collisions. Drivers may also feel rushed, leading to quick or risky decisions.
LTL trucks often travel through residential and commercial neighborhoods with many pedestrians and cyclists. Narrow streets, tight turns, and limited visibility raise the risk of accidents. Additionally, shifting cargo can affect the truck’s stability making it swerve or tip. This endangers other drivers and pedestrians, especially in busy intersections.
Dry Vans
Dry vans transport a variety of goods. These trailers are attached to tractor-trailers, and their airtight design protects the cargo from the elements. However, they have certain safety concerns.
For one, they are large and heavy, which makes them a risk in crashes. Additionally, improperly loaded cargo or shifting loads can compromise the truck’s stability, leading to rollovers or jackknifing.
Dry vans typically carry bulky loads, making collisions dangerous. These accidents can cause significant damage to vehicles and other road users.
Don’t wait—contact our Miami truck accident attorneys today for a free consultation. We’ll help you handle the legal process and fight for the compensation you deserve. This includes semi-truck accidents.
Types of Truck Accidents in Miami
The trucking industry generates billions of dollars each year, and with that financial success comes a responsibility. Truckers must prioritize road safety to protect other drivers sharing the road. When they fail to do so, the consequences can be devastating.
Common Miami truck accidents our truck accident attorneys come across include:
Jackknifing
A truck jackknifes when its trailer swings around, forming an “L” shape with the cabin. This dangerous scenario blocks lanes, causing severe accidents. The trailer may slide into other lanes, colliding with cars or crushing them underneath.
Jackknife accidents usually happen when a truck’s tires lose traction, from slippery roads or improper braking. Driver inattention can also lead to a jackknife situation. Miami’s highways, like the I-595, are common spots for these types of accidents, especially during bad weather or rush hour.
Tire Blowouts
A truck driver can lose control of the vehicle with a blown tire, leading to a crash. Blowouts can occur for various reasons, such as overloaded trucks, poor maintenance, or low tire pressure. Truck companies must maintain their vehicles and keep accurate maintenance logs.
You may have a legal claim if a truck company failed to properly maintain its fleet causing an injurious tire blowout. These accidents are common around the Dolphin Expressway (SR 836) or the Palmetto Expressway (SR 826).
Blind Spot Accidents
Trucks’ large blind spots make lane-change accidents likely when drivers ignore them. According to the Federal Motor Carrier Safety Administration truck blind spots cover 20 feet in front, one lane to the left, two lanes to the right, and 30 feet behind the truck.
Blind spot accidents are more likely in heavy traffic or urban areas like downtown Miami or near the airport. Inexperienced, fatigued, or distracted drivers usually overlook these. Madalon Law Miami truck accident lawyers can help fight for compensation if you were injured from such negligent driving.
Underride Accidents
Underride accidents happen when a smaller vehicle slides beneath the rear or side of a truck. These crashes often happen because of the truck’s high clearance, leaving the roof of the car crushed or torn off. It can lead to severe injuries or fatalities for those in the smaller vehicle.
While trucks are required to have rear underride guards, side guards are not mandated. This makes vehicles vulnerable to side impacts. Additionally, poor visibility in low light conditions also causes underride accidents.
Trucks without proper lighting or reflective markers are harder to see, increasing accident risks. Sudden truck stops can also leave trailing vehicles with insufficient time to brake, leading to underride crashes. These accidents are common on busy roads such as NW 36th Street and I-95.
Lost Load Accidents
Improperly secured truckloads turn highways into danger zones. When cargo falls onto the road, it creates hazards for unsuspecting drivers. Debris causes cars to swerve, leading to crashes, rollovers, or pile-ups.
A truck can lose its load in several ways. Sometimes, drivers fail to properly secure cargo with straps or covers. Overloading or damaged equipment can also cause this. Even small items, like loose boxes or tools, can cause serious accidents at high speeds.
The aftermath of these accidents can be devastating. Drivers may collide with debris or lose control trying to avoid it. In some cases, heavy cargo, like construction materials, can crush smaller vehicles resulting in severe injuries or fatalities.
Truck companies and drivers must follow strict safety rules to secure their loads. When they neglect these responsibilities, innocent people can pay the price. If you’ve been injured in an accident caused by a lost load, you may have a strong personal injury case.
Wide Turn Truck Accidents in Miami
Trucks need extra space to make wide turns safely. Accidents can happen if drivers misjudge the space or get distracted during turns. These crashes are often caused by driver inexperience, poor training, or failure to properly plan the turn.
Tight corners and crowded streets make wide-turn accidents more likely, especially in downtown Miami or near the Port of Miami. In these accidents, trucks may hit nearby cars, clip sidewalks, or even collide with pedestrians or cyclists. Additionally, the truck’s large size and weight can cause serious damage and injuries during a wide-turn mishap. Poor visibility, heavy traffic, and tight spaces all add to the risks.
You don’t have to face the aftermath alone. Contact Madalon Law Miami truck accident attorneys. Our experienced truck accident lawyers understand the complexities of such cases and will fight to get you the compensation you deserve.
Types of Miami Truck Accident Injuries
Truck accident injuries are almost always devastating and, in some cases, fatal. Most victims succumb to complications. Common injuries with long-lasting consequences from truck accidents include:
Burns
Truck accidents can cause devastating burn injuries. Many trucks carry flammable substances like gasoline, diesel fuel, or hazardous chemicals. These can ignite during a collision causing serious burns.
Besides thermal burns, accidents can also cause friction burns, aka road rash if victims are thrown from vehicles and dragged along the road. These injuries are life-altering.
Thermal burns, caused by fire or hot surfaces, are the most common type of truck accident burn injuries. These affect large areas of the body and cause intense pain. Friction burns, also known as road rash, happen if a person is thrown from the vehicle and dragged across the road. It can cause painful abrasions.
Burn injuries often require many surgeries, such as skin grafts, to heal. Reconstructive surgeries may also be needed to repair damaged tissue. The healing process can be long, and victims may never fully recover. Permanent scars or disfigurement are common, leading to emotional and psychological distress.
Besides the physical pain, burn victims may struggle with depression or anxiety. The financial impact can also be heavy, as medical bills, therapy, and long-term care add up. Victims may face a reduced quality of life as they work through both the physical and emotional effects of their injuries.
Burn injuries often require extensive medical care, including skin grafts and reconstructive surgeries. The healing process can be long and painful, leaving permanent scars or disfigurement.
Lacerations
Lacerations are a common injury in truck accidents. When trucks crash, broken glass, torn metal, and sharp debris can cause deep cuts. These injuries can range from minor scratches to severe wounds that result in significant bleeding, infections, or permanent scars.
In many cases, deep lacerations require immediate medical attention. Without proper care, these cuts can become life-threatening. Severe injuries may need stitches, surgery, or even reconstructive procedures to repair the damage. The recovery process can be lengthy, especially if infections occur or the injury leads to further complications.
The emotional impact of lacerations can be just as serious. Scarring, especially on visible areas like the face, hands, or arms, can impact your appearance and confidence. This can lead to long-term emotional struggles, including stress, anxiety, or depression.
Additionally, medical bills for treatments can quickly pile up. Victims may need ongoing care, including physical therapy or cosmetic surgery, to fully heal.
Don’t let your injuries define your future. Medical bills can set you back financially significantly, especially for such long-lasting or permanent injuries. You may be compensated if a truck accident caused cuts or injuries.
Spinal Cord Injuries
Spinal cord injuries are some of the most serious injuries from truck accidents. The force of a truck crash can cause partial or full paralysis. These injuries can also lead to herniated discs, fractures, or chronic pain, making it hard to move or live a normal life.
Recovering from a spinal cord injury takes time and can be highly expensive. Victims may need surgery, physical therapy, and long-term care which can add up. Few people have emergency medical funds that can cover those costs in full.
Additionally, spinal injuries don’t just affect the body—they can change your whole life. You may lose your ability to work or need help moving. The emotional and financial burden on families can be overwhelming. If a truck accident has caused spinal injuries, taking legal action can help you get the resources needed for recovery.
At Madalon Law, our truck accident attorneys have experience handling spinal cord injury cases. We’ll fight to hold the responsible parties accountable and get you the compensation you need for medical care, lost wages, and more. Call us today to discuss your case.
Internal Injuries
Internal injuries are a hidden danger in truck accidents. The force of a crash can damage vital organs like the liver, kidneys, lungs, and spleen. Internal bleeding and abdominal injuries are common, but they may not be immediately noticeable. If untreated, these injuries can quickly become life-threatening.
In Miami, truck accidents on busy roads like I-395 and Collins Avenue aren’t uncommon. The force can crush or damage internal organs, leaving victims in critical condition. Symptoms like pain, dizziness, or swelling may not show up until hours or even days after the crash.
Immediate medical care is crucial, but so is getting legal help. Internal injuries often lead to expensive hospital stays, surgeries, and long recovery times.
Whiplash and Soft Tissue Injuries
Whiplash and soft tissue injuries are common in truck accidents, especially in rear-end collisions. The sudden impact causes the neck to whip back and forth, straining muscles, tendons, and ligaments. This can lead to pain, stiffness, and difficulty moving. Soft tissue injuries like sprains and strains can also affect other body parts.
While these injuries might seem minor, they can cause significant discomfort and disrupt your daily life. Recovery often involves physical therapy, pain management, and time off from work. You deserve compensation if you got whiplash or soft tissue injuries from a truck accident.
Amputations
Amputations are some of the most severe injuries that can result from truck accidents. These injuries can be traumatic, caused by the force of the crash, or surgical, when a doctor must amputate to save the victim’s life. Losing a limb is a life-changing experience that impacts every part of a person’s life.
The road to recovery after an amputation is long and difficult. Victims often need multiple surgeries, rehabilitation, and therapy to adjust. Prosthetics may also be required, which can be expensive and need regular adjustments.
The emotional toll of losing a limb is just as significant. Victims may face challenges in adapting to their new circumstances and require long-term support.
In addition to the physical and emotional challenges, amputation victims often struggle with the financial burden. Medical bills, rehabilitation costs, and the loss of income can quickly add up.
Traumatic Brain Injuries
Commercial trucks and 18-wheelers are much larger and heavier than everyday vehicles, making collisions with them particularly dangerous. The size, weight, and speed of these trucks increase the risks of serious injuries, especially with semis, tractor-trailers, or tankers. Jackknifing, rollovers, or multi-vehicle crashes often cause sudden impacts, leading to traumatic brain injuries (TBIs).
A concussion is one of the most common types of brain injury in truck accidents. While these generally do not cause long-term damage, they can lead to dizziness, nausea, cognitive impairment, and fatigue. Most people recover within a few weeks. However, some may get lasting effects.
Truck accident victims also report brain hematomas. These occur when blood pools around the brain because of a blood clot or ruptured blood vessel. Both place pressure on the brain, leading to confusion, loss of consciousness, or weakness. The symptom severity depends on how much blood pools.
A brain hemorrhage is even more severe since it’s an active brain bleed inside the skull. This results from blunt force trauma to the head and can be life-threatening. If untreated, it can cause serious complications, including permanent brain damage or death.
Miami truck accidents are overwhelming. However, as a resident or visitor, having this checklist in the city’s truck-filled highways can give you proof for maximum compensation. Here are the steps you should take right after such an accident:
Ensure Safety and Check for Injuries
After a truck accident, your first priority is safety. If you can, move your vehicle out of the way to a safe spot, like the side of the road. Turn on your hazard lights so other drivers know there’s an accident ahead. This helps prevent more crashes.
Next, check yourself and your passengers for injuries. Even if you feel fine, some injuries, like whiplash, might not show up immediately.
These can get worse if ignored. If anyone is hurt, call 911 for medical help. Emergency responders can assess the injuries and provide the necessary care.
Don’t ignore even small injuries. What seems minor could be more serious, especially if it’s something serious like a concussion or internal damage.
It’s always better to get checked out, even if you feel okay. The sooner you see a doctor, the better your chances of recovery. Prioritize your health and safety above everything else at the scene.
Call the Police
In Miami, it’s important to call the police after any truck accident. They will create a police report, which is crucial for your insurance claim and future legal action. Give the officers accurate details about the crash, but don’t admit fault or guess what happened.
The police will collect information, take witness statements, and document the scene. Make sure to ask for the officers’ names, badge numbers, and the report number. This will be helpful later when you follow up with your claim or Miami truck accident lawyer.
Gather Evidence at the Scene
Collecting evidence is key to building a solid case after a truck accident. Start by taking photos of the scene using your phone. Capture damage to all vehicles, the position of the vehicles, and any visible injuries.
Take pictures of skid marks, debris, and the surrounding area, including traffic signs or signals. If possible, get the other driver’s contact details, license number, and insurance information. Also, speak to any witnesses and ask for their contact info. This evidence can be crucial in supporting your claim, helping show exactly what happened during the accident.
Get Medical Attention
Even if you feel okay after the accident, it’s essential to see a doctor as soon as possible. Some injuries, like whiplash or internal injuries, may not show up right away but can become serious over time.
A doctor will evaluate your condition, document your injuries, and create a medical record. This documentation is important for your insurance claim or lawsuit. Seeking prompt medical attention ensures that you are properly treated and protects your health in the long run.
Don’t wait for symptoms to worsen; getting checked right away can prevent future medical and legal complications.
Notify Your Insurance Company
Report the truck accident to your insurance company as soon as you can. Give them all the necessary details, like the police report number, the other driver’s information, and any photos or evidence you’ve gathered.
Be honest and stick to the facts, but avoid admitting fault. Your insurer will use this information to process your claim. In some cases, delays can reduce or do away with compensation.
Hire a Miami Truck Accident Attorney
A truck accident can leave you with overwhelming expenses. Medical bills for emergency care, surgeries, and rehabilitation can quickly add up. You might also face costs for medication, physical therapy, or even long-term care.
On top of this, you could lose wages if you’re unable to work during your recovery. These financial burdens can feel impossible, especially when you’re trying to heal.
That’s where a Miami truck accident lawyer can help. They understand the challenges you’re facing and can fight to get you the compensation you deserve. They’ll handle the legal process, so you don’t have to worry about it.
Florida trucking companies must follow state regulations or incur hefty fines and legal expenses. These include:
Size and Weight Restrictions
Truck size and weight regulations are crucial for road safety. These laws control how large and heavy trucks can be, reducing risks. Florida’s laws specify that trucks can be no longer than 75 feet, with overhangs limited to three feet at the front.
Width restrictions are generally 8 feet 6 inches, though mirrors and other safety features are excluded from the measurement. Weight is another critical factor; most trucks cannot exceed 80,000 pounds on highways.
These rules make sense. Oversized or overweight trucks can cause serious accidents since they are harder to control or stop. They can also damage bridges and roads. Special permits are provided only after careful review.
Drivers should always ensure their loads comply with these rules. If a violation leads to an accident, injured parties may have a strong case for compensation. An experienced Miami truck accident lawyer can investigate whether size and weight violations contributed to your crash.
Time Restrictions and Fatigue
Fatigue is one of the leading causes of truck accidents. To address this, both Florida and federal laws regulate how long truck drivers can be on the road without rest. Federal rules limit drivers to 11 hours of driving daily, with required rest breaks. For passenger-carrying vehicles, the limit is 10 hours.
Florida has similar rules, though property-carrying drivers can drive up to 12 hours in a day. Additionally, drivers must take a 34-hour rest period after working for 6 to 8 consecutive days.
These regulations are vital for public safety. A tired driver is a dangerous driver. Reaction times slow, judgment becomes impaired, and the risk of falling asleep at the wheel increases. Unfortunately, some drivers or companies may ignore these rules to meet tight deadlines.
If you’ve been injured in a truck accident, hours-of-service violations may have played a role. A Madalon Law truck accident attorney can determine if fatigue was a factor with a review of driver logs, electronic records, and other evidence. Remember, these rules are in place to protect everyone on the road. Holding negligent parties accountable helps improve safety for all.
Distracted Driving
Distracted driving is a major problem, especially for truck drivers operating massive vehicles. Federal regulations strictly prohibit truckers from texting while driving or using handheld devices. They can’t send emails, browse the web, or press more than one button to make a call. Companies are also banned from requiring or encouraging drivers to use handheld phones.
In Florida, texting while driving is illegal for all drivers, though hands-free phone use is still allowed. Distractions can be deadly when operating a large truck.
A single moment of inattention can lead to horrifying crashes. Imagine a truck driver texting on the Florida Turnpike. The consequences could be devastating for everyone involved.
You have legal options if you were injured in a truck accident caused by distracted driving. Witness statements, cellphone records, and even dashcam footage can be evidence. A Miami truck accident lawyer can help you pursue compensation for your injuries and hold the responsible parties accountable. Safety starts with focus, and no text or call is worth a life.
Alcohol and Drug Testing
Truck drivers operate vehicles that can weigh up to 80,000 pounds. That’s why there are strict rules regarding alcohol and drug use. Florida drivers cannot have a blood alcohol concentration (BAC) of 0.04% or more.
They’re also banned from consuming alcohol within four hours of driving. After an accident, drivers must wait eight hours or complete a BAC test before drinking.
Drug testing is just as rigorous. Truck drivers are tested for substances like marijuana, cocaine, opiates, and crystal meth. Random testing is mandatory for all commercial drivers, so they stay sober on the job. Testing also occurs after most accidents, especially those involving injuries or fatalities.
These rules are essential, but not always followed. If a drunk driver caused your accident, the consequences could be severe. An attorney can help prove negligence by obtaining test results and other evidence.
Remember, these rules protect everyone. Violating them endangers lives and should never go unpunished.
Following and Passing Distances
Truck drivers must follow strict rules about safe distances. At speeds under 40 mph, they should maintain at least one second of following distance for every 10 feet of their truck. They need even more space above 40 mph. Florida law requires trucks to leave 300 feet between their vehicle and the one ahead, except in cities or towns.
Why does this matter? Trucks take longer to stop than cars, especially when fully loaded. Tailgating or following too closely can cause rear-end collisions, often deadly for smaller vehicles.
Passing improperly is another issue. Trucks have large blind spots, so unsafe passing can cause serious accidents.
If a truck hit you because it was following too closely, the driver may have violated these rules. A lawyer can investigate to determine if negligence occurred. Safe driving requires space, and ignoring these regulations puts everyone at risk.
Convoys and Escort Vehicles
Convoys are not allowed on Florida roads. Trucks can’t travel in tight groups because it increases accident risks. However, oversized vehicles that exceed size and weight limits need special permits.
These vehicles must be accompanied by escort cars to ensure safety. Escort vehicles help warn other drivers and guide the oversized truck through traffic safely.
If an accident involves an oversized truck, the presence (or absence) of an escort vehicle can be a critical factor. Was the permit obtained? Was the escort vehicle following the required distance? These questions matter when determining fault.
An attorney can examine the case details to see if any regulations were violated. Proper precautions can prevent accidents, and failing to follow the rules can have devastating consequences.
Truck safety isn’t just about the driver—it’s also about the vehicle. Regular inspections and maintenance to ensure trucks are roadworthy is a federal and state law. Brakes, tires, lights, and other systems must meet specific standards. Failure to maintain a truck properly can cause mechanical failures and accidents.
Imagine a truck barreling down the I-95 with faulty brakes. The results could be catastrophic. Maintenance logs and inspection records are crucial evidence in truck accident cases. The truck company could be held liable for your injuries.
Cargo Securement
Improperly loaded cargo on trucks can cause serious and often deadly accidents. When a load shifts during transit, it can throw off the truck’s balance, causing a rollover or jackknife. This danger is even greater for liquid-carrying trucks.
Unlike solid items, liquids slosh around, making the truck harder to control. If the liquid is flammable or hazardous, the accident could turn into a life-threatening HAZMAT situation, putting everyone nearby at risk.
Overloading is another common problem. An overweight truck is harder to steer, stop, or turn safely. It also puts extra stress on the brakes and other systems, which can lead to mechanical failures.
Plus, if cargo isn’t properly secured, it can fall off the truck. Imagine driving and suddenly being hit by falling debris—that’s how dangerous these situations can be for other drivers.
Federal laws, like 49 C.F.R. Sec 392.9, are in place to prevent these issues. They require everyone involved in loading a truck to make sure the cargo is secure. Drivers must inspect their loads before heading out and ensure everything meets safety standards. If they skip these steps and an accident happens, they—and anyone else involved—can be held responsible.
If you’ve been in an accident caused by loose or overloaded cargo, you have rights. These rules are there to protect you and hold negligent parties accountable. Seeking compensation not only helps you recover but also encourages safer trucking practices for everyone.
Weather and Road Conditions
Truck drivers must adapt to changing conditions. Federal and state guidelines require drivers to adjust their speed and driving practices accordingly. Failing to do so can be considered negligence.
Heavy rain, for example, is a leading cause of weather-related truck accidents. Wet roads can double stopping distances, making it harder to avoid collisions. Rain also often causes delays, increasing the risk of accidents as drivers are pressured to make up for lost time.
High winds also pose a threat, particularly crosswinds, headwinds, and tailwinds exceeding 25 mph. These can destabilize high-profile vehicles, making steering hard, especially on interstates. Truckers must remain alert and prepared at all times to prevent accidents.
If poor weather contributed to your accident, a lawyer could determine whether the truck driver took appropriate precautions. Safe driving requires constant awareness and adaptation to conditions.
Training and Licensing
Commercial truck drivers must undergo extensive training and hold a valid commercial driver’s license (CDL). This ensures they have the skills and knowledge to operate large vehicles safely. Companies are responsible for hiring qualified drivers and providing ongoing training.
Class A and Class B Commercial Driver’s Licenses (CDLs) pertain to large vehicles, but have different purposes. A truck driver with a Class A CDL can drive big trucks or truck combinations that weigh 26,001 pounds or more.
They can also tow a unit weighing over 10,000 pounds. To get this license, they must pass tests on general knowledge, combination vehicles, air brakes, pre-trip inspections, basic driving skills, and a road test. These tests ensure they’re ready to handle heavy trucks and trailers safely.
A driver with a Class B CDL can drive straight trucks and buses that weigh 26,001 pounds or more. These drivers should be knowledgeable about general rules, air brakes (if the vehicle has them), basic driving skills, and complete a road test.
The company may be held accountable if a truck driver caused your accident from lack of training or improper licensing. An attorney can investigate hiring practices and identify negligence.
Determining liability in truck accidents can be complicated. Multiple parties may share responsibility depending on the circumstances. Florida follows a comparative negligence system, i.e. liability is divided the fault party based on accident contribution. These can include:
The Truck Driver
Truck drivers are often the first to be examined when determining liability. Their behavior on the road directly affects the safety of everyone around them. Drivers may be found at fault for several reasons.
These include breaking traffic laws, driving impaired, or ignoring federal hours-of-service regulations. Fatigue is a big issue, as some drivers push past their limits to meet deadlines. Additionally, untreated health conditions, like poor vision or heart problems, can impair judgment and reaction time.
Sometimes, the driver’s employment status adds a layer to the investigation. Drivers may carry full responsibility for their negligence as independent contractors. However, if they work for a trucking company, the company might also be liable.
Companies must enforce safe practices, and when they fail to do so, their negligence can lead to accidents. For instance, if the company pressured the driver to skip rest breaks or meet unrealistic delivery schedules, they may be liable.
Holding negligent truck drivers accountable is crucial for promoting safer driving habits and ensuring justice for victims. Understanding the driver’s role and employment situation can identify responsible parties.
The Truck Manufacturer
Sometimes, the truck is to blame for an accident. Faulty equipment or manufacturing defects can cause serious issues on the road. Common problems include defective brakes, malfunctioning steering systems, or tire blowouts. When these issues occur, the truck’s manufacturer may be liable.
To prove manufacturer liability, lawyers often investigate whether the company knew about a defect but didn’t take action. For example, the manufacturer might be accountable if a recall was ignored. Additionally, examining similar accidents with the same truck model can show whether the problem is common.
In some cases, parts suppliers may also share liability. If a specific component, like a brake pad or tire, was poorly designed or manufactured, they could be partially at fault. Miami truck accident lawyers often work with mechanical experts to determine if defects caused a crash.
The Maintenance Crew
Trucks require regular maintenance to stay safe on the road. This includes brakes, tires, lights, and steering system inspections. When maintenance crews neglect their duties, accidents can happen. For example, ignoring worn-out brakes or a damaged tire can lead to catastrophic failures.
Maintenance personnel may be liable if they cut corners or use low quality parts to save costs. In some cases, maintenance records can show whether they followed proper procedures. If no records exist or inspections were skipped, negligence may be determined.
Trucking companies often outsource maintenance to third-party providers. They may share liability if they failed at their responsibilities. Maintenance logs and repair histories can determine this.
The Trucking Company
Trucking companies have a major role in road safety. They must hire qualified drivers, maintain their fleets, and follow federal regulations. When companies cut corners, they put everyone on the road at risk.
Negligent hiring practices are a common issue. For example, a company might hire an inexperienced driver or fail to check their driving history. They may be responsible for poor judgment if the driver causes an accident. Similarly, poor training can leave drivers unprepared for tough situations.
Trucking companies must also maintain their vehicles. Skipping regular inspections or ignoring known mechanical issues can cause accidents. Additionally, companies that pressure drivers to meet tight deadlines encourage unsafe practices, such as speeding or driving fatigued.
A thorough investigation can reveal such negligence. Reviewing company records, driver logbooks, and training programs can reveal violations that caused the crash. By exposing negligence, victims can secure compensation and push for safer industry practices.
The Cargo Loading Company
Improperly loaded cargo is a common cause of truck accidents. When cargo isn’t secured correctly, it can shift during transit, making the truck unstable. This can lead to rollovers, jackknifing, or even cargo spilling onto the road.
Cargo loading companies are responsible for following strict guidelines. These include securing goods properly, balancing the load, and adhering to weight limits. Overloaded trucks are especially dangerous, as they are harder to control and likely to tip over. When loading companies fail to meet these standards, they may be held liable for accidents.
Hazardous materials add another layer of complexity. If a truck is carrying flammable liquids or toxic chemicals, improper loading can cause environmental disasters or serious injuries. Investigating cargo records and weight logs helps determine negligence. Holding cargo loading companies accountable ensures that safety remains a top priority.
Shared Responsibility and Comparative Negligence
In many truck accidents, multiple parties share responsibility. For example, a driver may have been speeding, but the trucking company might have failed to maintain the brakes. Florida’s comparative negligence system allows liability to be divided among those at fault. This means that each party pays for their share of the damages based on their level of responsibility.
Comparative negligence can impact your compensation. For instance, if a victim is 20% at fault for the accident, their compensation may be reduced by that percentage. A Miami truck accident can handle these complex cases and ensure fair outcomes.
Evidence can make or break your truck accident case. Here are some key ones Miami personal injury attorneys look for to strengthen claims:
Driver’s Log Books and Hours of Service (HOS) Records
Truck drivers must comply with strict Hours of Service (HOS) regulations set by the Federal Motor Carrier Safety Administration (FMCSA). These rules are designed to prevent fatigue-related accidents, which are a leading cause of truck crashes. Driver’s log books and electronic logging devices (ELDs) are crucial tools in verifying compliance with these rules.
By examining the driver’s log books, attorneys can identify violations such as skipping mandatory rest breaks or exceeding the maximum driving hours.
Electronic logging devices are particularly reliable, as they automatically record data such as driving hours, rest periods, and engine activity. Discrepancies between the log books and ELD data can indicate falsified records, which could strengthen your case. Long-haul trucking is common in Miami, so HOS rule violations are not uncommon. These can be critical factors in proving negligence.
Truck Maintenance Records
Regular maintenance keeps commercial trucks safe on the road. Maintenance records provide a detailed history of inspections, repairs, and overall upkeep of the vehicle. These can show whether the trucking company fulfilled its legal duty to maintain the truck in proper working condition.
When trucks are poorly maintained, critical components like brakes, tires, and steering systems can fail, leading to accidents. For example, if a truck’s brakes fail due to worn-out pads that should have been replaced during routine maintenance, the trucking company or maintenance provider could be held liable.
Skipping inspections or deferring repairs to save time or money is negligence that endangers everyone on the road. In Miami, where highways are heavily trafficked, poorly maintained trucks pose a significant risk. Maintenance records can expose these lapses, making them vital evidence in your case.
Event Data Recorders (EDRs) or “Black Box” Data
Modern commercial trucks are often equipped with Event Data Recorders (EDRs), aka black boxes. These devices capture critical data about the truck’s performance and driver behavior moments before and during an accident.
Black box data includes information such as speed, brake application, steering angles, etc. This data provides an objective view of the truck’s actions leading up to the collision. For example, if the EDR shows the driver was speeding or didn’t brake in time, it shows their negligence.
Black box data is valuable because it is impartial and difficult to dispute. However, accessing it data be challenging. Trucking companies may try to withhold or erase it to protect themselves. Your attorney can take legal action to preserve and retrieve this evidence.
Cargo Load and Securement Records
Spilled cargo is hazardous for other drivers, leading to multi-vehicle accidents.
Cargo load and securement records are essential for determining whether the trucking company or cargo loaders followed industry standards. These records can show if it was loaded within weight limits, balanced properly, and secured to prevent movement. If records reveal violations, such as exceeding weight limits or unsecured hazardous materials, the responsible parties may be liable.
Dash Cam Footage and Surveillance Videos
Dash cams and surveillance cameras near the accident site offer valuable visual evidence. This footage is a real-time account of the events leading to the truck accident. It can show key details such as the truck’s speed, lane changes, and traffic conditions.
Dash cam footage is helpful in disproving conflicting accident accounts. For example, it can strengthen your case if the truck driver claims they had the right of way, but the footage shows otherwise. Similarly, surveillance videos from nearby businesses or traffic cameras also show multiple angles for a comprehensive view of the accident.
In Miami, where many roads are equipped with surveillance systems, accessing this footage can be a game-changer. Quick action is essential, as some surveillance systems overwrite their recordings after a short period.
Witness Statements
Eyewitness accounts are another crucial piece of evidence in truck accident cases. Statements from other motorists, pedestrians, or nearby residents can provide valuable perspectives on the accident. Witnesses may have seen the truck swerving, speeding, or failing to stop at a traffic signal.
Witness statements can corroborate other evidence, like dash cam footage or black box data. They can also offer insights into factors that may not be immediately apparent, such as weather conditions or road hazards. In some cases, witnesses may even have noticed mechanical issues with the truck, like smoke coming from the brakes or uneven tires.
Collecting witness statements promptly is important, as memories can fade over time. Some bystanders are likely to have seen the incident. An attorney can help locate and interview witnesses to strengthen your case.
Police and Accident Reports
Police and accident reports are official documents providing an overview of the crash. These reports often include details such as the time and location of the accident, weather conditions, and initial observations about the fault.
Officers may also document traffic violations, such as speeding or red light violations, and include statements from the drivers. Accident reports can serve as a starting point for building your case, offering a summary of the incident and potential contributing factors.
Each type of evidence serves a unique purpose in a truck accident case. Driver’s logbooks can reveal fatigue or HOS violations, while maintenance records can expose mechanical negligence. Black box data provides an unbiased account of the truck’s performance, and witness statements offer firsthand accounts of the accident.
By combining these pieces of evidence, attorneys can build a comprehensive case that leaves little room for doubt. This approach ensures that all responsible parties are held accountable, whether it’s the driver, trucking company, maintenance crew, or cargo loaders.
Some Miami truck accident damages depend on accident type and consequences. It’s divided into:
Economic Damages
Economic damages cover out-of-pocket costs such as:
Medical Bills
Medical bills can include hospital stays, emergency room visits, surgeries, prescription medications, and physical therapy. The severity of your injuries impacts the amount. For example, a simple fracture may need a few weeks of treatment.
However, serious injuries like spinal cord damage or traumatic brain injuries may need months or even years of medical care. All of these expenses, regardless of their size, should be covered under economic damages.
To ensure that you are fully compensated, it’s essential to keep detailed records of all medical bills. This includes both direct medical costs, such as doctor’s visits and hospital stays, and indirect costs like transportation to appointments or home health care.
These provide a comprehensive picture of the truck accident’s financial impact on your life. Your attorney can use this information to calculate total economic damages and fight for fair compensation.
Similarly, long-term injuries may have future medical expenses. These damages can cover ongoing treatments, such as surgeries, medications, or physical therapy. An expert can estimate these costs, increasing the overall claim value.
Home Alterations
Truck accident injuries can sometimes be so severe that they affect your ability to move around your own home. For example, a severe back, neck, or spine injury may necessitate changes to your living space. This could involve wheelchair ramps, widening doorways, or remodeling bathrooms. In some cases, you might even need to adjust the entire home layout for a comfortable and independent life.
These home changes can be expensive, and you may not have the resources to cover them. That’s why these costs can be included in your truck accident claim as part of your economic damages. Additionally, you may need professional caregivers or home assistance services if injuries make everyday tasks like cooking, cleaning, or bathing difficult.
Keep detailed records of all the costs involved, including home changes and any caregiving services for max compensation. Madalon Law truck accident attorneys can help you gather and organize this information, making sure it’s included in your claim. This way, you can receive the financial support you need to make your home more accessible and maintain your quality of life.
Property Damage
Property damage from a truck accident includes the costs of repairing or replacing your vehicle. It can also cover personal property damaged during the accident. For example, if your car is totaled, you should be compensated for its fair market value at the time of the accident. Similarly, you can also recover compensation for damaged belongings such as electronics.
It’s important to document all property damage thoroughly. Take photographs of your vehicle and any other property damaged in the accident, and keep all receipts for repairs or replacement costs.
Your insurance company may pay for some repairs, but if the truck driver or trucking company is at fault, pursue maximum compensation from them directly. Get the full value of your property damage claims, including any deductible or other out-of-pocket expenses.
Besides your personal vehicles, property damage can extend to rental cars you need while your vehicle is being repaired or replaced. The rental fees can also be included in the property damage claim.
Lost Wages
Lost wages are another important aspect of economic damages. If your injuries prevented you from working, you are entitled to compensation for the lost income.
This includes wages you missed during recovery, as well as any paid time off (PTO) or sick days you used. It doesn’t matter if you are self-employed or don’t have paid leave. In this case, lost wages are based on the income you would have generated.
If your injuries are severe, you may have to miss work for a significant period. For example, if you need surgery or extensive rehabilitation, this could keep you from working for weeks or months. In these situations, it is important to document all time off work and your income before the accident to ensure accurate compensation.
Similarly, you can claim lost future wages if your injuries caused a permanent disability that prevents you from returning to work. This includes the income you would have earned in the future if not for your injuries.
The amount is the difference between what you would have earned and what you can still earn in your current condition. A Florida truck accident attorney can help with this calculation for fair compensation.
Non-Economic Damages in a Truck Accident
These include non-measurable damages such as:
Pain and Suffering
Pain and suffering damages compensate for the physical pain and discomfort from truck accident injuries. Unlike medical bills, which are specific and measurable, pain and suffering are more subjective. It includes the emotional distress, physical pain, and the overall life impact.
For example, a person with broken bones may have bad pain during recovery. The pain may interfere with their ability to perform everyday tasks, like working, cooking, or even sleeping. In severe cases, chronic pain can continue for months or even years post-accident.
While it’s harder to quantify pain and suffering, lawyers use several methods to estimate a value. This can include evaluating injury severity, life impact, and any emotional trauma suffered. Courts may also consider the long-term impact of the injury on your daily activities, including your ability to work and engage in hobbies.
The pain intensity usually dictates the compensation amount. The more intense the pain and the longer the suffering, the higher the compensation may be. So keep records of your pain levels and how the injury affects your life for fair damages.
Mental Anguish
A traumatic accident can leave lasting emotional scars, such as anxiety, depression, or even post-traumatic stress disorder (PTSD). For example, you might get flashbacks or nightmares about the truck accident later. These emotional wounds can be just as bad as physical injuries, and they can impact your daily life.
You may need professional help, such as counseling or therapy. A psychologist or psychiatrist can document the emotional and psychological toll of the accident. Mental anguish can appear as hopelessness, focus issues, or avoidance of situations similar to the accident.
Proving mental anguish can be difficult, but an experienced attorney can help. They can support the claim with testimonies from mental health professionals or family members. While mental anguish is more abstract than physical injury, it is still a very real harm, and compensation can help with the recovery process.
Loss of a Family Member
Losing a loved one in a truck accident is an incredibly painful experience. The emotional suffering caused by the death of a spouse, child, parent, or sibling can have lasting damages. Non-economic damages for the loss of a family member compensate for this grief. While no amount of money can truly replace a loved one, it can help surviving family members cope with the emotional pain and life changes.
Besides emotional suffering, losing someone can lead to financial hardship. If the deceased person was the primary breadwinner in the family, their death can create a financial void. However, compensation may include emotional and financial damages. This could cover companionship loss, support loss, and the financial burden from the death.
If a family member was providing essential services, like childcare or household maintenance, the surviving family members may also be entitled to compensation for the cost of replacing those services. These damages can help the family adjust to the changes brought about by the death.
How much does a truck accident lawyer cost?
Truck accident lawyers usually charge a contingency fee. You only pay if they win your case and recover your compensation. The fee is a percentage of your settlement or verdict, typically 25% to 40%.
The exact percentage can vary depending on the complexity of the case and the lawyer’s experience. Some lawyers may agree to a lower fee if your case is strong or involves severe injuries. Always discuss the fee structure upfront to understand expectations.
What should I look for when choosing a truck accident lawyer?
Look for these three key qualities:
A good Miami truck accident lawyer attorney should instill confidence make you feel supported throughout the process.
What if the trucking company contacts me before I hire a lawyer?
Do not make a recorded statement or sign any documents. They may try to use your words or signed forms to reduce your claim. Politely declined to discuss the case and contact a lawyer immediately. They can handle all communications with the trucking company on your behalf.
How long do I have to file a lawsuit after a truck accident?
In most states like Florida, the statute of limitations for filing a truck accident lawsuit is two years from the date of the accident. However, act quickly. Evidence, such as driver logs or safety reports, can be lost or destroyed over time. Trucking companies often have teams of investigators working immediately after a crash, so hire a lawyer ASAP.
How long does a truck accident claim take?
Settling a truck accident claim can take several months or longer. Your attorney will need time to gather evidence, interview witnesses, review medical records, and calculate future medical expenses.
In some cases, the full extent of your injuries may not be immediately clear. Your attorney may need time to determine the long-term costs. While settling is often faster than going to court, the process still requires careful preparation to ensure you receive fair compensation.
Why are truck accidents worse than car accidents?
Truck accidents are often more severe due to the size and weight of commercial trucks. Trucks require more space to stop and maneuver, increasing accident risks. Smaller vehicles lack the protection needed to withstand the force of a truck, leading to more serious injuries and damage. Additionally, truck accidents can block roads, preventing first responders from reaching victims quickly.
Should I accept the settlement offered by the truck driver’s insurance company?
Insurance companies often start with low settlement offers. These offers may not cover your full medical expenses, lost wages, pain, and suffering. Accepting the first offer could leave you with unpaid bills and financial struggles. An attorney can negotiate on your behalf to secure a higher settlement that better reflects the true cost of your injuries and losses.
Can I sue the trucking company?
Yes, in many cases, the trucking company can be held liable. They may be responsible for hiring inexperienced drivers, failing to maintain vehicles, or pressuring drivers to violate safety regulations. Your attorney will investigate to determine whether the trucking company’s actions contributed to the accident.
What if I was partially at fault for the accident?
In many states, you can still recover compensation even if you were partially at fault. Under comparative negligence laws, your settlement may be reduced by your percentage of fault. For example, if you were 20% at fault, you might receive 80% of the total compensation. An attorney can help minimize your assigned fault and maximize your recovery.
How can a truck accident lawyer help me?
A truck accident lawyer can handle every aspect of your case, including:
Their expertise ensures you have the best chance of receiving the compensation you deserve.
Why are truck accidents more complex than car accidents?
Truck accidents are more complex because they often involve multiple parties. This includes the driver, trucking company, maintenance crews, and manufacturers. Federal regulations, such as Hours of Service (HOS) rules, also come into play.
Gathering evidence like black box data and maintenance records requires specialized knowledge. Professional truck accident lawyer understands these complexities and can navigate them effectively.
At Madalon Law, we are committed to fighting for the justice and compensation you deserve. With years of experience handling cases, our dedicated Miami truck accident lawyers understand the complexities of these claims. This means they can build a strong case on your behalf.
Don’t let the trucking company or insurance provider minimize your claim. Let us stand up for your rights. Our team will investigate the accident thoroughly, negotiate aggressively, and, if necessary, take your case to court for the best possible outcome.
Time is critical. Evidence can disappear, and deadlines can affect your case. Call Madalon Law today for a free consultation.
We’ll review your case, explain your options, and guide you every step of the way. There are no upfront fees, and you don’t pay unless we win.
Take the first step toward justice. Contact Madalon Law’s Miami truck accident lawyers to schedule your free consultation. Let us fight for you!
Most people are not aware of how the law works, the rights they have and the amount of compensation they can be entitled to after they have been injured in an accident that was the result of another party’s negligence. The obstacles and confusion that follow an accident and an injury can seem overwhelming.
