In South Florida, dump trucks are almost everywhere, since construction and carrying materials are widespread. Much of the time, these trucks travel the roads safely and without incident. However, when drivers of these large vehicles fail to exercise proper care, the results can be devastating to people around them. The Miami dump truck accidents at the Law Offices of Robert Dixon help people injured in a crash involving a dump truck pursue legal action against the parties responsible. We can investigate the details of your case and help you explore your legal options.
Pursuing Compensation for a Dump Truck AccidentWhen a dump truck is fully loaded, the vehicle is not only massive but also extremely heavy, sometimes weighing over 60,000 pounds. These trucks are complicated to drive and operate given their unique attributes, including their cargo bays, which lift and lower in a specific fashion. Given these qualities, special training and testing are required for dump truck drivers to maneuver safely on the roads. Often, drivers are also compensated based on how many trips or loads they deliver, rather than for time spent. This gives drivers an incentive to speed up delivery times, sometimes in a dangerous manner. Additionally, due to a dump truck’s size and shape, it is more susceptible to an underride accident, which occurs when a passenger vehicle strikes a truck, causing the vehicle to slide underneath the truck’s carriage.
If you or a loved one have been involved in a dump truck collision, you may require long-term treatment and rehabilitation, depending on the severity of your injuries. The recovery process can be costly, so pursuing financial compensation from a negligent party may be vital to ensuring expenses are handled in the aftermath of an accident. People injured in a truck crash can seek damages from parties found to be negligent in a personal injury lawsuit.
To show negligence, a plaintiff must establish that a driver, or another defendant, breached his or her duty to act as a reasonable and prudent person would act under similar circumstances. In addition to the general standard of care required of anyone behind the wheel, trucking companies and their drivers are also required to follow federal and state regulatory measures. If a defendant is found in violation of one of these regulations, such as the hours of service rules, the burden shifts to the defendant to show that the violation was not a breach of duty or a proximate cause of the accident.
A plaintiff must additionally establish that quantifiable damages resulted from the accident. Once all of the elements of negligence are proven, the damages available to a plaintiff may include medical costs, loss of wages, diminished earning capacity, and pain and suffering. An employer, such as a trucking company, can possibly also be held vicariously liable for the negligent acts of its employee, if it is shown that the employee was acting during the scope of employment when the negligence occurred.
Because of all the competing interests at play in a truck accident, the potential for “spoliation” of the evidence is increased. Spoliation is when important evidence is intentionally changed, destroyed, or lost by a party involved in litigation to hinder the process. If spoliation is present, a judge may impose sanctions against the offending party. Having a knowledgeable and experienced attorney to help you through these complicated proceedings is an important factor in preserving your legal rights.
Assert Your Rights by Enlisting a Dump Truck Accident Lawyer in MiamiIf you were injured by a negligent dump truck driver, you may be entitled to damages. In the tragic event that a loved one was killed in a collision with a truck, damages may be pursued on their behalf by filing a wrongful death claim. The Miami dump truck accident attorneys at the Law Offices of Robert Dixon have extensive experience with both personal injury and wrongful death lawsuits, helping victims and their families assert their rights in court. We also represent people in Miami, West Palm Beach, and other cities throughout Miami-Dade, Broward, and Palm Beach Counties. Call 877.499.4878 or contact us online to schedule a free, no-obligation consultation with a motor vehicle collision attorney.