Commercial trucks, including tractor-trailers, can have a devastating impact when they are involved in collisions in the Miami area. Because of the great difference in size and weight between a commercial truck and a car, these accidents tend to be more severe than other types of motor vehicle accidents. Still, no matter how badly you have been injured in a truck accident, you may find that the trucking company’s insurer refuses to pay you a just amount.personal injury lawyer at our firm will provide you with an honest evaluation of your case and advise you on the steps which you should take next. Upon becoming a client, we will immediately begin our own investigation of the accident to determine the cause of it and identify all liable parties.
Common Causes of Truck Accidents
Truck accidents can occur for a wide variety of reasons. Also, multiple parties could potentially share liability for a crash. At Englander Peebles, we have found truck driver negligence to be the most common cause of these crashes. Examples include:
- Distracted driving (especially texting and driving)
- Impaired driving due to alcohol, drugs, or fatigue
- Making wide turns
- Following other vehicles too closely
- Breaking other traffic laws and disobeying traffic signs and signals
In some cases, the trucking company, third-party maintenance companies, owner of the cargo, and other entities could also be responsible for a truck crash. Examples of negligence on the part of other entities include:
- Designing and/or manufacturing defective truck parts
- Failing to perform routine maintenance and repairs
- Negligently hiring, training, and supervising drivers
- Encouraging or requiring drivers to violate hours of service regulations
- Overloading or failing to adequately secure cargo
Often, more than one factor contributes to a truck accident. The skilled attorneys at Englander Peebles will conduct a thorough investigation of your crash. We will work hard to identify the precise causes of your accident and pursue the maximum compensation for your injuries.
Who Can Be Liable for a Miami Trucking Accident?
Multiple parties could be held liable in a truck accident. For this reason, trucking accidents can be more complex than car accident cases, which often just involve the drivers of the vehicles involved in the collision. In our effort to recover maximum compensation for you after a truck accident, the attorneys of Englander Peebles will identify all responsible parties in your crash.
Naturally, a negligent truck driver could be responsible for the accident and your injuries. Other parties that are often liable as well include:
- Truck owners
- Manufacturers of truck parts
- Maintenance companies
- Employers and those who hire truck drivers
Because of the numerous parties involved in truck accidents, many trucking companies and insurance companies may use the same defense in order to reduce their liability and the amount of money which they owe to you. Typically, they will argue that you were at least somewhat responsible for your own injuries. This is known as comparative fault.
Florida follows the comparative fault rule. Under this rule, if the negligent parties can show that you were partially responsible for your truck crash, then your damages will be reduced in proportion to your fault. However, you will receive compensation regardless of your percentage of fault. In other words, you could be found 80 percent responsible for your accident, but still could recover 20 percent of your damages.
The number of parties that can be found liable and the complexities involved in figuring out who to hold responsible for the accident can be daunting. A skilled truck accident attorney at Englander Peebles will know how to show who is responsible and calculate the amount of compensation you are due.
What Are Common Truck Accident Injuries in Miami?
Truck accident injuries can be severe. They often cause life-long disabilities that require extensive medical treatment. Many victims cannot return to work for a long period of time and earn income, making it impossible to pay those medical bills. The most common types of injuries in truck accidents include:
- Spinal cord injuries
- Broken bones and fractures
- Traumatic brain injuries and other head or skull injuries
- Damage to internal organs
- Severe burns
- Cuts, lacerations, and bruises
If you have been injured in a truck accident, it is important to keep all medical records, including bills. You should also make sure to follow your doctor’s treatment plan. Our law firm will work hard to recover those expenses.
How Can Our Miami Truck Accident Lawyers Help You?
Because of the many different possible causes and liable parties in truck accidents, it is important to work with an experienced attorney as you seek compensation for your injuries and losses. You should make sure to get legal representation before you engage in any discussions with the trucking company’s insurer.
The insurance company may try to obtain a recorded statement from you or get you to sign something which may limit your right to take legal action. A Miami truck accident lawyer at Englander Peebles can deal with the insurance company on your behalf, protect your rights and interests, and allow you to focus on your recovery.
Because of our experience with trucking accident cases in Florida, we know how insurance companies operate. We will deal firmly with the insurers in settlement negotiations. If they refuse to make a reasonable settlement offer, we will be prepared to fight for you in court.
If you or a loved one has been injured as a result of a collision with a commercial truck in Miami, Englander Peebles is here for you. Let us help you to understand and navigate the personal injury claims process while providing the compassionate and highly personalized service that you deserve. Contact us today to schedule your free consultation.