Truck Accident Lawyer in South Florida
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Traveling the long highways of Florida can often lead to trucking accidents and serious injuries. Victims of a truck crash could have another long road to travel through the complicated legal process associated with such collisions. After any accident during which injuries are sustained, a victim first should seek immediate medical attention to assure that their needs are handled properly. Ideally, they also should talk to witnesses and others at the scene to make sure that evidence is preserved for any insurance claims or personal injury lawsuits that become necessary.
Damages to a victim of a trucking accident may cover past and future medical expenses, lost income, loss of earning capacity, and pain and suffering. Moreover, if a loved one was killed as a result of such a crash, you may be able to pursue a wrongful death claim.
Fast Legal Answers for Truck Accidents in Florida
Who is responsible for a truck crash?
Multiple parties may be responsible for the injuries and costs that result from a collision. A driver, the driver’s trucking company employer, and a truck or part’s manufacturer may be liable for causing a crash. A negligent or reckless driver may be held liable for their behavior if it is shown that the driver failed to act as a reasonable and prudent driver would have acted under similar circumstances. A trucking company may also be held liable for a driver’s negligence if the driver was acting within the scope of employment at the time of the accident. Additionally, a truck crash may be a result of a defective part that a manufacturer was responsible for putting on the market.
What are some of the common causes of truck accidents?
Many different factors may lead to a truck accident. Often, fatigued drivers continue to travel to meet deadlines after long hours on the road, when they should be taking a rest break as required by federal regulations. Additionally, speeding, lack of training, and the improper maintenance or loading of a truck may cause an accident to occur. Overloading, poor driving weather, road hazards, and brake failures or defects may also lead to serious injuries.
How long do I have to file a lawsuit if I need help covering the costs of my injuries?
In Florida, personal injury lawsuits, including those originating from a truck accident, must be filed within four years from the date of the injury. If a fatality occurs, family members have two years from a victim’s death in which to file a wrongful death claim.
Which costs may I recover if I file a claim?
Each case is different, and each victim may suffer different losses in the aftermath of a truck accident. Types of damages that may be awarded in a personal injury claim include medical expenses, loss of income, lost earning capacity, pain and suffering, and property damage.
What if the other side destroys the evidence?
Trucking companies and other parties involved in the industry have strong incentives to prevent lawsuits from being pursued. As a result, sometimes a party will intentionally lose or destroy evidence in order to avoid legal proceedings. This is termed “spoliation of evidence.” When spoliation is found, a court may issue sanctions against the offending party in the form of fines, adverse inferences, or even a default judgment.
Where should I go to find a truck accident lawyer in the Miami area?
If you have been injured in a truck accident, or a loved one has lost their life due to injuries sustained in a collision, the Miami truck accident attorneys at the Law Offices of Robert Dixon are available to discuss your legal options with you and explain the scope of your rights.
Who will pay my hospital bills after a bike crash?
Getting compensation for your medical costs after a bike wreck can be complicated, but we work hard to make sure our clients get the economic compensation they need. Depending on the type of insurance you carry, your bills may be paid by your health insurer, your motorcycle insurer or another driver’s insurance company. When necessary, our firm litigates against insurers in court and brings claims against negligent drivers
How Are Truck Accidents Different from Car Accidents?
Truck accidents differ from car accidents in several ways:
- More severe injuries and damages.
- Federal and state regulations governing trucking operations.
- Higher insurance policy limits for commercial trucks.
- Complex liability involving multiple parties.
- Longer and more thorough accident investigations.
What Should I Do Immediately After a Truck Accident?
After a truck accident, follow these steps:
- Ensure your safety and seek medical attention.
- Call 911 and report the accident.
- Gather information from the truck driver and witnesses.
- Take photos of the scene, vehicles, and injuries.
- Avoid discussing fault and do not sign anything from the trucking company or insurer.
- Contact a truck accident attorney as soon as possible.
How is fault determined in a truck accident?
Investigating the accident scene, eyewitness testimony, and the police report are all tools that help determine fault in a truck accident. An experienced truck accident attorney will also investigate the driver and the company that employs them. Factors in assigning fault can include:
- How the truck driver was hired and trained
- How many hours they were working
- The condition of the truck
How long does a truck accident lawsuit take?
Once you hire a truck accident attorney, the amount of time it will take to resolve your injury case can depend on many factors. These include liability investigations, interactions with insurance companies, medical treatment, and negotiations. A full lawsuit can take anywhere from half a year to a few years to complete.
You should be wary of quick offers from insurance companies or the opposing party — insurance companies can be notorious for rushing injured victims to settle their claim as soon as possible. This works to their advantage and pressures the injured party to lose the full recovery they are entitled to.
Who Can Be Held Liable in a Truck Accident?
Liability may extend beyond the truck driver and include:
- The trucking company.
- The truck manufacturer (if a defect caused the accident).
- Maintenance providers (if poor maintenance played a role).
- Cargo loaders (if improper loading contributed to the crash).
- Other drivers involved in the accident.
Can I Sue a Trucking Company for an Accident?
Yes, if the trucking company was negligent. Common reasons for lawsuits include:
- Failing to train drivers properly.
- Encouraging violations of hours-of-service regulations.
- Neglecting truck maintenance.
- Pressuring drivers to speed or drive in unsafe conditions.
Why Hire The Law Offices of Robert Dixon in FL
- Decades of Experience: Our attorneys have decades of combined experience handling Florida personal injury cases.
- Client-Focused Advocacy: We are dedicated to protecting accident victims and their families at every step.
- No Win, No Fee: You don’t pay unless we successfully recover compensation for you.
- Proven Results: We have a strong track record of successful settlements and verdicts.
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