If you or a loved one has been involved in a truck accident in Miami, it is important to contact an experienced truck accident attorney as soon as possible. Truck accidents can often result in serious injuries or even death. The trucking company or their insurer will likely have their own team of lawyers working to protect their interests. An experienced truck accident attorney will fight to protect your rights and get you the compensation you deserve.
There are many factors that can contribute to a truck accident, including driver fatigue, distracted driving, mechanical problems with the truck, and even weather conditions, each of which will be discussed in detail below. Truck accidents can be caused by many things, but they all have one thing in common: they can be devastating for the truck accident victims and their families.
If you or a loved one has been involved in a truck accident, contact 1-800-Injured to be connected with a Miami truck accident attorney for a free consultation. During your consultation, the truck accident lawyer will review the facts of your case and help you understand your legal options.
Common Causes of Truck Accidents
The following are some of the most common causes of truck accidents, but whether or not you see the cause of your truck accident, contact 1-800-Injured so you can discuss your unique situation with a Miami truck accident lawyer as soon as possible.
Driver Fatigue
Truck drivers often work long hours, and they may not get enough rest between shifts. This can lead to driver fatigue, making it difficult for drivers to stay focused on the road. Fatigue has been found to be more dangerous in certain instances than drunk driving and can be more insidious since a driver may not actually realize that they are tired or suffering from “white line fever,” otherwise known as highway hypnosis.
The Federal Motor Carrier Safety Administration (FMCSA) has rules to limit the number of hours truck drivers can work. But following these rules will not guarantee that a trucker will not suffer from fatigue behind the wheel due to their personal lives, medical conditions, or other factors beyond the limits defined in the Hours of Service regulations.
Distracted Driving
Distracted driving is a problem for all drivers, but it can be especially dangerous for truck drivers because of the size and weight of their vehicles. Truck drivers may be distracted by things like using their cell phones, talking to passengers, or eating while driving.
When combined with the distance it takes for a massive commercial truck to come to a complete stop, distracted driving can lead to catastrophic consequences that are much more impactful for the people being struck by the truck. This is just one of the many examples of how a truck driver’s negligence can lead to a serious injury or even wrongful death.
Mechanical Problems
Truck accidents can also be caused by mechanical problems with the truck. These problems can include issues with the brakes, tires, or steering, all of which are to be expected in a vehicle that endures so much wear and tear during its use.
If a truck has not been properly maintained, it is more likely to experience mechanical problems that could lead to an accident and the catastrophic injuries that are common with a serious accident involving a semi-truck. Trucking companies have different arrangements with different drivers, so determining who is responsible for things like maintenance is important after a truck accident.
Weather Conditions
Poor weather conditions can also contribute to truck accidents. When the roads are slick with rain or littered with debris from high winds, it can be more difficult for trucks to stop or turn, which can lead to serious accidents like rear-end collisions or jackknife accidents.
While a truck driver can’t control the weather, they can control the decision to operate a large vehicle in dangerous conditions. If a truck driver chooses to drive in hazardous weather, they need to take extra care to drive slowly and be aware of their surroundings, and if they cause an accident, must be held accountable.
What To Do If You’ve Been Involved In A Truck Accident
If you or a loved one has been involved in a truck accident, the first thing you should do is assess your medical condition and prioritize your health, even if you don’t think you’ve been seriously injured. Internal injuries can take hours or even days to present, and it’s always better to be safe than sorry.
With your health in mind, the following steps will give you a general guide about what to do after an accident. Remember: if any of these steps interfere with your health or safety, skip them. Your Miami truck accident lawyer will help you fill in the blanks retroactively.
Move to Safety
If you are able, try to move your vehicle to the side of the road or turn your hazard lights on so that other drivers will be aware of the accident and know to avoid the area.
If you can’t move your vehicle, or if doing so would put your health at risk, stay in your vehicle with your seatbelt fastened and wait for help to arrive.
Call 911
After motor vehicle accidents, it’s typically in your best interest to call 911 so a police officer can take control of the accident scene, and this is especially true when one of the vehicles is a large commercial truck. The responding officer will create an accident report and collect evidence at the scene, which can be used by your lawyer to build a case.
In addition to the police report, the attending officer will be able to issue any citations regarding the crash, including speeding tickets or even making arrests for something like DUI.
Get Medical Attention
Even if you don’t think you’ve been injured in the accident, it’s important to seek medical attention from the EMTs at the crash scene. Not only will this help ensure that you receive the treatment you need, but it will also create a record of your injuries that can be used as evidence in your case.
Some truck accident injuries, like traumatic brain injuries or whiplash, may not be immediately apparent, so having a professional check on you is always in your best interest. Lawyers who handle truck accident cases benefit from any possible documentation available that will help them seek compensation for truck accident victims, whether from the truck manufacturers, truck owner, trucking company, or anyone else liable for the crash.
Document the Accident Scene
If you are able, take pictures of the accident scene before anything is moved. This includes pictures of the damage to your vehicle, any debris in the road, truck skid marks, and weather conditions. These pictures can be used by your lawyer as evidence in your case to show how the accident happened and who may be at fault.
If there are any important details that you believe should be mentioned, narrate over the video as you are filming to provide additional context. No two truck accidents are alike, and having as much information as possible is helpful for Miami truck accident lawyers to build a comprehensive case for your personal injury claim.
NEVER Admit Fault
Even if you think the accident may have been partially or fully your fault, it’s important to never admit fault to the other driver, the police, or anyone else at the scene.
In some cases, what may seem like an obvious cause of an accident may not be seen that way by investigators, and even admitting partial fault could be used against you to deny or reduce your compensation. It’s best to let the investigators sort out who was at fault and never to say anything that could be used against you later on.
Exchange Contact and Insurance Information
Once the police have arrived and are in control of the accident scene, you can exchange contact and insurance information with the other driver. Trucking companies commonly handle the insurance for their tractor-trailers and other commercial vehicles, so you won’t be collecting the driver’s personal insurance information after a semi-truck accident.
It’s also important to get the contact information of any witnesses at the scene who saw what happened and could be used as character witnesses in your case.
Schedule a Follow-Up With Your Doctor
Even if you were examined by EMTs at the scene, you should schedule an appointment with your doctor to make sure that they are aware of your injuries and can provide you with the proper treatment.
Your doctor will also be able to provide you with documentation of your injuries that can be used as evidence in your case.
Hire an Attorney
Once you have sought medical attention, the next step is to call 1-800-Injured to speak with a truck accident lawyer in Miami who can help you understand your legal options and get the compensation you deserve.
Your lawyer will be able to investigate the accident, collect evidence, and build a strong case on your behalf so that you can focus on your recovery.
Frequently Asked Questions For Miami Truck Accident Lawyers
The following are some frequently asked questions that our Miami truck accident lawyers hear from clients:
What Should I Do After A Truck Accident?
The first thing you should do is call 911 and get medical attention, even if you don’t think you’ve been injured. You should also take pictures of the accident scene and exchange contact and insurance information with the other driver. Once you have sought medical attention, the next step is to call 1-800-Injured to speak with a truck accident lawyer in Miami who can help you understand your legal options and get the compensation you deserve.
What Are Some Common Injuries From Truck Accidents?
Some common injuries from truck accidents include whiplash, traumatic brain injuries, broken bones, and soft tissue damage.
How Much Does A Truck Accident Lawyer Cost?
Most personal injury lawyers work on a contingency basis, which means that you won’t have to pay anything upfront and will only owe attorney’s fees if your lawyer recovers compensation for you.
At 1-800-Injured, we can connect you with a truck accident lawyer in Miami who works on a contingency fee basis, meaning that they will only collect compensation as a percentage of your award, and you won’t pay anything if they don’t win.
What Should I Do If I Am Offered A Settlement From The Insurance Company Representing The Truck Driver?
You should never accept a settlement from the insurance company without first speaking to a lawyer. The insurance company is likely to offer you a lowball settlement that is far less than what you are actually entitled to. Once you accept their offer, you will likely be unable to recover any further compensation.
Your lawyer will be able to negotiate with the insurance company on your behalf to help you get the full amount of compensation you are entitled to.
How Much Time Do I Have To File A Miami Truck Accident Lawsuit?
In Florida, the statute of limitations for filing a personal injury lawsuit is four years from the date of the accident. This means that if you don’t file your lawsuit within four years, you will likely be barred from doing so and will be unable to recover any compensation.
Even though four years may seem like plenty of time, it’s important to speak with a truck accident lawyer as soon as possible after your accident. An experienced Miami truck accident lawyer will use this time to focus on gathering evidence and reaching a settlement agreement before filing a lawsuit in the Florida courts.
What Should I Do If The Truck Driver Who Hit Me Doesn't Have Insurance?
If the truck driver who hit you doesn’t have insurance, you may still be able to recover compensation through your uninsured motorist coverage. Your attorney may also decide that it is in your best interest to file a lawsuit against the truck company since trucking companies are liable for ensuring that their drivers are properly licensed, certified, and insured.
Can I File A Lawsuit If I Was Partially At Fault For The Accident?
In Florida, you can still recover compensation even if you were partially at fault for the accident under the doctrine of Pure Comparative Fault. However, your award will be reduced by your percentage of fault. For example, if you are 20% at fault for the accident, and the total damages are $100,000, you will be able to recover $80,000.
It’s important to note that the insurance company will likely try to shift as much of the blame onto you as possible to reduce their liability. An experienced truck accident lawyer in Miami can investigate the accident and help prove that you were not at fault, or that your percentage of fault was less than what the insurance company is claiming.
What Should I Do If I Am Involved In A Miami Truck Accident?
If you are involved in a truck accident, the first thing you should do is seek medical attention for any injuries you may have sustained. Once you have sought medical attention, you should then contact a Miami truck accident lawyer to discuss your legal options and determine whether you are entitled to compensation.
At 1-800-Injured, we can connect you with an experienced truck accident lawyer in Miami who can help you get the compensation you deserve. Contact us today for a free, no-obligation consultation.
Contact 1-800-Injured Now
We understand that truck accidents are painful, confusing, and oftentimes traumatic. That’s why we make it easy for personal injury victims to connect with truck accident attorneys easily so they can partner with experienced legal representation as they seek compensation for damages like lost wages, medical bills, and more. 1-800-Injured is a medical and lawyer referral service.
Contact us as soon as possible to get started.