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Pursuing Compensation Against Trucking Corporations

Longer stopping distances, increased blind spots, and overly tired drivers are some of the top reasons for Miami commercial vehicle accidents, and the sheer size differential of a truck compared to a car or person means that the injuries are always substantial.

Commercial vehicle accidents are always hard-fought by the other side, but they are also worth a lot of money when handled by an experienced Miami truck accident law firm. At The Alvarez Law Firm, we have the resources, knowledge, and experience to take on your case and win against even the biggest trucking corporations or other major defendants. Call us now to learn more about your legal options—we are ready to get started today.

Common Causes of Trucking Accidents

Due to their large size and weight, trucking accidents can have serious consequences. Understanding the common causes of these accidents is essential to promoting road safety and preventing future incidents.

Here are some key factors that contribute to commercial trucking accidents:

Driver Fatigue

Long hours on the road can lead to fatigue, impairing a driver's ability to react and make decisions. Commercial drivers often face tight schedules and pressure to meet deadlines, increasing the risk of fatigue-related accidents.

Distracted Driving

Distractions such as using mobile phones, eating, adjusting GPS devices, or engaging in conversations can divert a driver's attention from the road. Due to the size and weight of commercial vehicles, distractions can be especially dangerous.

Speeding

Exceeding speed limits or driving too fast for road conditions can lead to loss of control, reduced stopping distances, and more severe accidents. Speeding is a significant contributing factor to commercial vehicle crashes.

Vehicle Maintenance Issues

Poorly maintained commercial vehicles, including problems with brakes, tires, lights, and other critical components, can lead to mechanical failures or malfunctions on the road. Regular maintenance and inspections are essential to prevent accidents.

Improper Loading or Cargo Securement

Incorrectly loaded cargo or inadequate securement can cause imbalance, shifting loads, or cargo spills, affecting the vehicle's stability and increasing the risk of accidents, especially during turns or sudden maneuvers.

Weather Conditions

Adverse weather, such as rain, snow, ice, or fog, can significantly impact visibility and road traction, making it challenging for commercial drivers to maneuver safely. Adjusting driving behavior according to weather conditions is crucial to prevent accidents.

Inadequate Training or Experience

Insufficient training or lack of experience in handling commercial vehicles can contribute to accidents, as drivers may not be adequately prepared to navigate complex traffic situations or handle emergencies effectively.

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Ensuring Safety on the Roads: Regulatory Compliance in Commercial Trucking

When it comes to commercial trucking in Florida, specific laws and regulations are in place to keep everyone safe on the roads. These rules aim to protect drivers and passengers and reduce the risk of accidents. Here's a breakdown of the critical aspects of Florida trucking laws that commercial trucking companies and drivers need to follow:

  • Commercial trucks in Florida must undergo regular inspections to ensure they are in good working order. These inspections cover important parts like brakes, tires, lights, steering, and suspension. Following inspection requirements helps prevent mechanical issues that could lead to accidents.
  • Florida follows federal regulations that limit the number of hours a driver can operate a vehicle without taking proper rest breaks. Adhering to these rules is crucial for preventing driver fatigue, a significant cause of accidents.
  • Florida has strict weight limits for commercial vehicles to avoid overloading, which can affect vehicle stability and braking. Violating these limits can result in fines, penalties, and increased accident risks due to reduced maneuverability.
  • Commercial drivers in Florida need to have a valid commercial driver's license (CDL) suitable for the type of vehicle they operate. They also require specialized training and testing to operate commercial vehicles safely.
  • Properly securing cargo is essential to prevent load shifting that could affect the vehicle's stability. Florida's trucking laws include guidelines for securing cargo to minimize risks on the road.
  • Commercial trucking companies in Florida must have adequate insurance coverage to protect against liabilities in case of accidents. This includes coverage for bodily injury, property damage, and cargo loss or damage.
  • Florida enforces various safety regulations for commercial vehicles, including requirements for reflective markings, safety equipment, and vehicle maintenance records. Following these regulations is crucial for ensuring road safety and preventing accidents.

What Areas of Law Cover Trucking Accidents?

Commercial trucking accidents typically fall under the personal injury law category, specifically within motor vehicle accidents. These accidents involve complex legal considerations due to the commercial nature of the vehicles and the potential for severe injuries and damages.

Here are key aspects of the legal category under which commercial trucking accidents are typically addressed:

Personal Injury Claims

Individuals injured in commercial trucking accidents may file personal injury claims against the at-fault parties. This includes the truck driver, trucking company, and potentially other entities such as manufacturers or maintenance providers if their negligence contributed to the accident.

Negligence

Establishing negligence is a crucial aspect of commercial trucking accident cases. Plaintiffs must demonstrate that the at-fault party (usually the truck driver or trucking company) breached their duty of care, leading to the accident and resulting injuries.

Federal and State Regulations

Commercial trucking accidents involve compliance with both federal and state regulations. Federal regulations, such as hours-of-service rules and vehicle maintenance standards, are established by agencies like the Federal Motor Carrier Safety Administration (FMCSA). State regulations, such as Florida's specific laws regarding trucking operations, may also come into play.

Insurance and Liability

Commercial trucking companies are required to carry significant insurance coverage due to the potential for large-scale damages in accidents involving their vehicles. Liability issues can be complex, especially when multiple parties may share responsibility for the accident.

Wrongful Death Claims

In cases where commercial trucking accidents result in fatalities, wrongful death claims may be pursued by the surviving family members. These claims seek compensation for the economic and non-economic losses resulting from losing a loved one.

Litigation and Settlement

Commercial trucking accident cases may proceed to litigation if a settlement cannot be reached through negotiations. Litigation involves presenting evidence, arguing legal points, and seeking a favorable judgment in court.

Due to the complexities involved, individuals involved in commercial trucking accidents often seek legal representation from attorneys with experience in personal injury law, specifically in handling trucking accident cases.

At The Alvarez Law Firm, we specialize in representing clients involved in commercial trucking accidents. Our legal team has the knowledge, resources, and expertise to navigate the complexities of these cases, advocating for our clients' rights and seeking fair compensation for their injuries and damages. If you've been injured in a commercial trucking accident, contact us today to schedule a consultation to discuss your case and legal options.

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Who You Can Sue for a Trucking Accident in Florida

If you've been in a trucking accident in Florida, you might have the right to sue different parties depending on what caused the accident:

  • Truck Driver: If the driver caused the accident by being careless or reckless, you can sue them. This might include things like speeding, distracted driving, or driving under the influence.
  • Trucking Company: If the company's actions or neglect led to the accident, you can sue them. This could be for things like not properly training their drivers, encouraging unsafe driving, or not maintaining their vehicles.
  • Vehicle Manufacturer: If a problem with the truck or its parts caused the accident, you can sue the manufacturer or distributor of those parts.
  • Maintenance Provider: If poor maintenance contributed to the accident, you can hold the maintenance provider responsible.
  • Cargo Loading Company: If improperly loaded or secured cargo caused the accident, you can sue the company responsible for loading and securing the cargo.
  • Other Negligent Parties: Depending on the situation, there might be other parties you can sue, like those responsible for road maintenance or other drivers involved in the accident.
  • Insurance Companies: If you have issues with your insurance company, you might be able to take legal action against them.

How Much is Your Miami Truck Accident Case Worth?

Case value is one of the top questions we get from clients when looking into filing a Miami truck accident personal injury or wrongful death lawsuit. These cases are different and significantly more complicated than your typical car-on-car accident. Here’s a look at some of the areas of financial recovery we help clients get paid for following a major or minor truck accident:

Missed work

Whether you missed work, can’t work in the same capacity anymore, or ultimately can’t work, this is a tangible financial loss we account for.

Pain and suffering

This general legal term means financially compensating you for an accident's pain and suffering (intangible) impact, which can be worth a lot of money.

Medical Bills

Past, current, and future medical bills all form the basis of your financial recovery and are also part of why it is so essential to see any and all necessary doctors following your crash.

Other

Your accident and injuries are unique to you, and ultimately, so is your case value. We make sure we take into account absolutely everything that increases your case value to the maximum amount available.

As with any personal injury or wrongful death accident, the more you are impacted, the more your case is worth. We work with you and experts to maximize this number. Call the winning Miami truck accident law firm today at The Alvarez Law Firm.

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Experienced Commercial Vehicle Accident Law Firm

When dealing with a commercial vehicle accident, whether it is a tractor-trailer, an 18-wheeler, or other large vehicles, you want to make sure that you are working with a law firm that knows how to win these highly contested cases. We know how to do all this and more at The Alvarez Law Firm. Call us today to learn more about your case worth, how long your case takes, and why we are the law firm you want fighting for you. We take all our cases on a contingency fee basis, which means you pay us only if we get you paid. 

Trucking Accident FAQs

What should I do immediately after a trucking accident?

How long do I have to file a lawsuit after a trucking accident?

Do I need an attorney for a trucking accident claim?

How is fault determined in a trucking accident?

Can I still pursue a claim if I was partially at fault for the accident?

What if the trucking company's insurance offers a settlement?

How long does it take to resolve a trucking accident case?

What should I do immediately after a trucking accident?

  • Seek medical attention for any injuries
  • Contact law enforcement to report the accident
  • Exchange information with the truck driver and witnesses
  • Take photos of the accident scene, vehicles, and any visible injuries
  • Notify your insurance company about the accident

How long do I have to file a lawsuit after a trucking accident?

Florida's statute of limitations for personal injury lawsuits, including trucking accidents, is generally four years from the date of the accident. It's important to consult with an attorney promptly to understand your legal rights and deadlines.

Do I need an attorney for a trucking accident claim?

It's highly advisable to seek legal representation from an experienced attorney specializing in trucking accident cases. An attorney can navigate the complexities of the legal process, gather evidence, negotiate with insurance companies, and advocate for your rights.

How is fault determined in a trucking accident?

Fault is determined based on evidence gathered from the accident scene, witness statements, police reports, vehicle inspections, electronic logging device (ELD) data, and other relevant factors. Comparative negligence laws in Florida may also impact fault determination.

Can I still pursue a claim if I was partially at fault for the accident?

Yes, Florida follows a comparative negligence system, meaning you can still pursue a claim even if you were partially at fault. However, your compensation may be reduced based on your percentage of fault.

What if the trucking company's insurance offers a settlement?

It's important to consult with an attorney before accepting any settlement offers from insurance companies. Insurance companies may try to settle for less than the full value of your claim, and an attorney can negotiate on your behalf to seek fair compensation.

How long does it take to resolve a trucking accident case?

The timeline for resolving a trucking accident case varies depending on factors such as the complexity of the case, extent of injuries, negotiations with insurance companies, and whether litigation is necessary. Some cases may be resolved through settlement negotiations, while others may require court proceedings and can take longer to resolve.

Let’s talk about your case.

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