Commercial trucks in the Miami area pose a serious risk to motorists, and the aftermath of a collision with one can be devastating. A truck accident can leave you with a mountain of medical bills, lost income from missed work, and life-altering injuries.
In order to protect your best interests, you need an experienced Miami truck accident lawyer on your side. The Schiller Kessler Group can help you stand up to businesses that operate commercial trucks, their attorneys, and their insurance companies.
Our experienced team of Miami personal injury lawyers is passionate about helping victims recover the maximum compensation possible so they can rebuild their lives. Learn how we can help you during a free consultation.
Common Truck Accident Injuries
A collision with a large truck can result in severe injuries, impacting victims physically, emotionally, and financially.
Here are some of the common injuries we see as a result of these crashes:
- Whiplash: Collisions can cause rapid head movement, leading to whiplash and neck strain.
- Spinal Cord Injuries: High-impact collisions may cause damage to the spinal cord, resulting in paralysis or long-term impairment.
- Head trauma: Head injuries from truck accidents can lead to concussions or more severe traumatic brain injuries (TBIs).
- Fractures and breaks: The force of impact in a truck collision can cause broken or fractured bones, often requiring extensive medical treatment.
- Internal Injuries: Blunt force trauma can cause life-threatening internal injuries, impacting organs and necessitating immediate medical attention.
- Burn injuries: Truck accidents may result in burns, ranging from mild to severe, due to fires or contact with hot surfaces during the collision.
- Crush injuries: High-impact accidents can lead to crush injuries, causing damage to limbs and tissues under the intense pressure of the collision.
- Amputation: Severe accidents may result in the amputation of limbs due to irreparable damage.
- Facial injuries: An impact involving the steering wheel, dashboard, or other surfaces can cause facial injuries, including fractures, lacerations, and soft tissue damage.
- Dislocations: The force of a truck collision can cause joint dislocations, affecting various parts of the body and requiring medical intervention for relocation.
- Post-traumatic stress disorder (PTSD): Truck accident survivors may experience PTSD, leading to symptoms such as anxiety, flashbacks, and nightmares.
If you or a loved one has suffered any of these injuries in a truck collision, our Miami semi-truck accident lawyers are here to help you seek the compensation you deserve.
Compensation You May Recover After a Truck Crash in Florida
A Miami truck accident attorney from Schiller Kessler Group can help you calculate your losses after a crash. Your financial records, including medical bills, pay stubs, and historical precedents for similar instances, may be reviewed.
Your attorney may also consult with professionals, such as doctors or economists, to determine the true value of your claim.
While every situation is unique, you may be able to recover the following damages:
- Medical expenses: This category includes all costs related to your treatment and care, both now and in the future.
- Lost wages: This can include the income you’ve already lost and the loss of future earnings.
- Property damage: You’ll need compensation to cover the repair or replacement cost of your damaged vehicle and any belongings destroyed in the crash.
- Non-economic damages: These are intangible losses like emotional distress, mental anguish, and pain and suffering.
Your attorney will determine the value of your claim based on the specifics of your case. The insurance coverage limits or the internal assets of a business may be among those determining factors.
We will take your case to court if settlement negotiations with the insurance company and the other side fail to produce a favorable outcome.
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Truck Accidents Resulting in Wrongful Death
A wrongful death claim is often appropriate when someone dies in a truck accident due to the negligent actions of the responsible driver. Examples of negligence include driving under the influence, disregarding traffic regulations, or driving while distracted.
The primary focus of a wrongful death lawsuit is financial compensation. A Miami wrongful death lawyer from our team can help you pursue damages for various losses, such as medical treatments, funeral expenses, and loss of companionship and household services.
Florida law outlines eligibility criteria and the types of damages courts may award in wrongful death cases. Generally, the verdict aims to compensate you for the economic losses resulting from your loved one’s passing.
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Truck Crashes in Miami Are Often Caused By Negligence
Truck accidents happen for a wide range of reasons and can result in more than one person or business being held liable. Because so many people and organizations are involved in operating a commercial truck, many things can go wrong or be overlooked.
These missteps and oversights constitute negligence. A Miami truck accident attorney can investigate to pinpoint the causes and establish negligence in all of the parties that contributed to the crash.
Fatigued Driver
While numerous factors contribute to these accidents, one common cause is driver fatigue. Many drivers do not get enough rest when working long shifts. The law places restrictions on their business hours, and they frequently have to work longer hours to meet delivery deadlines.
Unfortunately, many truck drivers do not get enough rest when working long shifts, leading to dangerous situations on the road. An experienced attorney will move quickly to collect and preserve evidence of “hours of service” violations and other instances of drowsy driving.
Distracted Driver
Distractions are also a factor, as interruptions can make it hard for drivers to keep their full attention on the road, increasing the likelihood of mistakes or misjudgments. Cell phone use, eating, or not paying attention behind the wheel can all cause accidents.
Poorly Loaded Cargo
Improperly loaded or unsecured cargo can also contribute to accidents, as heavy loads may shift, leading to loss of control. The cargo loading company can be held responsible for an incident if the load isn’t properly distributed or inspected for safety.
Mechanical Failure or Improper Maintenance
Mechanical failure can also be blamed when a truck’s brakes, axle, or other components fail due to a lack of maintenance or improper repairs. If the trucking company is found to have not maintained the vehicle properly, they or the mechanic may be held liable for any resulting accidents.
Further, if a particular part is found to be defective, the vehicle or parts manufacturer can be held financially responsible. One of our truck accident lawyers in Miami can look into maintenance and inspection reports to find any failures in maintenance or other problems that can be responsible for the failure.
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Determining Liability After a Semi-Truck Accident in the Miami Area
Determining responsibility in a Florida truck accident involves considering various factors. Liability can extend beyond the truck driver to other entities.
Here are some factors our attorneys consider when evaluating your case:
- Driver responsibility: Truck drivers may be held responsible for accidents caused by negligence, fatigue, or violations of traffic laws.
- Company liability: Trucking companies can be held accountable if their negligence in hiring, training, or maintenance contributed to the crash.
- Vehicle maintenance: Owners must ensure trucks are well-maintained. If negligence in maintenance leads to an accident, the owner may be liable.
- Legal compliance: Failure to adhere to state regulations and laws can contribute to liability. Understanding the relevant laws is crucial for determining responsibility.
- Multiple parties: Truck accidents often involve multiple liable parties. Legal guidance is essential to pinpointing liability and navigating complex liability scenarios.
In Florida, comprehensive investigations are crucial to uncovering negligence in the responsible party. Consulting with a skilled attorney can help truck accident victims pursue fair compensation by holding the right entities accountable.
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Benefits of Hiring Our Miami Truck Accident Law Firm to Build Your Claim
When deciding whether or not to seek legal help, understanding the benefits of hiring a lawyer will help you make an informed choice.
There are many reasons to turn to us for legal representation:
No Upfront Costs or Retainers
Hiring a truck accident lawyer with our firm does not require any out-of-pocket costs or upfront retainers. We work on a contingency basis, which means we only get paid when we recover compensation on your behalf. You owe nothing unless you receive a court award or settlement, so there is no risk of additional financial burdens.
Knowledge
We understand the intricate web of state and federal regulations pertaining to commercial vehicles and can put this knowledge to use to your advantage.
Thorough Investigation
A lawyer with experience in truck accidents will have the means to investigate the incident thoroughly. They can access evidence like the truck driver’s driving records, the trucking company’s inspection reports, EDR data, police reports, and toxicology reports to back up your claims.
Communication With Opposing Parties
Personal injury claims involving freight companies or other large businesses can usually involve several defendants, corporate lawyers, and multiple insurance companies. Standing up against companies with deep pockets can be challenging on your own. Your lawyer will craft a compelling legal strategy and negotiate aggressively on your behalf.
Preparation and Documentation
Victims of truck accidents often lack the mental and physical resources to focus on the intricacies of an insurance claim or lawsuit. Our legal team will handle all the necessary paperwork and documentation for you so that you can focus on healing from your injuries. This assistance can save you time and help you avoid costly mistakes.
Negotiation
After a commercial vehicle accident, your attorney can represent you in negotiations with insurance companies and opposing counsel.
While many disputes can be settled out of court, doing so often requires skillful negotiation with insurance adjusters and the other side’s legal team.
A Miami truck accident attorney from our firm will work hard on your behalf to get you the most money possible.
Litigation
In the event of a trial, you could be up against a team of attorneys. If you plan on taking legal action, you should retain the services of a Miami lawyer with extensive trucking accident experience. A qualified attorney from our team can build a compelling case and represent you throughout the personal injury litigation process.
Florida’s Time Limit for Personal Injury Lawsuits
Florida’s statute of limitations sets the time you have to take legal action after an accident. Generally, individuals have two years from the incident date to file a personal injury claim. This time frame applies to a wide range of personal injury cases, including claims resulting from motor vehicle accidents.
While you may remember having more time after a past accident, recent changes in Florida’s laws have reduced the personal injury statute of limitations from four years to two years. Failing to file within the allowable time frame may result in the loss of the right to seek compensation for injuries sustained.
Hiring an attorney is the best way to ensure that your paperwork is filed correctly and on time. Also, the sooner you reach out to a lawyer, the sooner they can start gathering and preserving important evidence that could be vital to your case’s success.
Contact a Miami Truck Accident Lawyer for a Free Consultation
Being injured in a truck accident is a harrowing experience that may result in serious financial hardship without the right legal counsel. These cases usually involve huge trucking companies that draw on vast resources to defend themselves against any legal claims made against them.
We understand how difficult it can be to take legal action against a powerful company. At Schiller Kessler Group, we are well-versed in the laws and regulations governing truck accidents and have a track record of success in these cases. If you’ve been injured in a South Florida collision, our Miami team is here to help.
Contact us today for a free consultation with no obligation.
Call or text 800-350-3476 or complete a Free Case Evaluation form