Truck accidents often result in catastrophic injuries and significant financial losses for victims. Statistics show that 80% of truck accidents lead to considerable insurance claims or lawsuits. If you or a loved one has been involved in a truck accident in the Miami area, it’s crucial to understand your legal rights and options for pursuing compensation. 

Our team of skilled attorneys at Cernitz Law has guided clients through personal injury insurance claims. For more information, call our team at 305-370-3255

The Devastating Impact of Truck Accidents in Miami

Compared to a typical car accident, collisions with large commercial trucks tend to cause much more severe damage due to the massive size and weight of these vehicles. Occupants of passenger vehicles often suffer devastating injuries such as traumatic brain injury, spinal cord damage, crushed or amputated limbs, and other life-altering conditions. The medical expenses alone can easily reach hundreds of thousands or even millions of dollars.

In addition to the physical and emotional toll, truck accident victims frequently face enormous financial hardships from being unable to work during recovery. Many people lose their jobs and struggle to pay bills or support their families. The overall economic impact can be ruinous without adequate compensation from those responsible for the crash.

Why You Need a Skilled Miami Truck Accident Lawyer

Truck accident cases are highly complex and require skilled legal knowledge to navigate successfully. Many potential parties could be liable, from the truck driver to the trucking company to parts manufacturers. A seasoned Miami truck accident lawyer will know how to investigate the accident thoroughly, gather critical evidence, and build the most robust case possible on your behalf.

Some of the critical factors that an experienced truck accident attorney will examine include:

Truck Driver Negligence

In many cases, truck accidents are caused by negligent or reckless actions of the truck driver. This can include speeding, distracted driving, driving under the influence of drugs or alcohol, or violating hours of service regulations that limit time behind the wheel. Your lawyer will obtain driver logs, electronic data from the truck’s “black box,” toxicology reports, and other evidence to show if the driver’s negligence contributed to the crash.

Trucking Company Liability

Trucking companies have a legal duty to ensure their vehicles are safe and their drivers are qualified and well-trained. Unfortunately, some companies cut corners on maintenance, hiring, training, and supervision to maximize profits. If a trucking company’s negligence played a role in the accident, they can be held accountable. A skilled attorney will demand company records on the driver and vehicle involved.

Defective Trucks and Parts 

In some truck accidents, a defect in the truck or one of its components is to blame. Faulty brakes, tires, coupling devices, or other equipment can cause a driver to lose control. If a defective part led to your injuries, a truck accident claims attorney in Miami can help you pursue a product liability case against the manufacturer.

Trucking companies and their insurers have teams of lawyers fighting to pay out as little as possible on accident claims. You need an aggressive truck accident lawyer who knows their tactics and won’t back down. Look for an attorney with a track record of winning major truck accident settlements and verdicts for clients.

Valuing Your Truck Accident Claim

One of truck accident victims’ most common questions is, “What is my case worth? The value of your claim depends on a variety of factors, but some of the main ones include:

  • The severity of your injuries and expected medical needs in the future 

  • Your lost wages and reduced earning capacity due to your injuries

  • Physical and mental pain and suffering caused by the accident

  • Punitive damages if the trucking company or driver’s actions were particularly egregious

A knowledgeable truck accident attorney in Florida will assess all these factors and gather substantial supporting evidence and expert testimony. Then, they will negotiate aggressively with the insurance companies for maximum compensation. They will be fully prepared to take your case to trial if a fair settlement can’t be reached.

While every case is unique, truck accident settlements are often significantly higher than car accident settlements due to the catastrophic nature of the injuries. Here are a few examples of real case results by Miami personal injury lawyers:

  • $5.5 million for a client who suffered permanent brain damage in a truck accident

  • $4.8 million for a crash victim who required multiple surgeries for internal injuries

  • $3.5 million for the family of a man killed by a negligent truck driver

  • $2.2 million for a young woman partially paralyzed in a truck accident  

As you can see, multi-million dollar recoveries are typical in major truck accident claims. The key is having a skilled and aggressive attorney fighting for you.

What to Do After a Truck Accident in Miami

If you’ve been involved in an accident with a commercial truck, the steps you take in the immediate aftermath and the days following are crucial for protecting your health and legal rights. Here’s what you should do:

1. Call 911 and report the accident. Check on the other people involved, but don’t admit fault. 

2. Document the scene with photos of the damages, injuries, road conditions, and truck company name.

3. Get contact and insurance info from the truck driver. Also, get contact info for any witnesses.

4. Seek medical attention right away, even if your injuries seem minor. Some severe conditions have delayed symptoms. 

5. Notify your insurance company of the accident.

6. Call an experienced Miami truck accident lawyer before giving any statements to insurance adjusters.

7. Start a file and keep track of all accident-related expenses and correspondence.

8. Follow your doctor’s treatment plan. Don’t give the trucking company reasons to argue you aren’t seriously injured.

9. Stay off social media. Don’t post anything about the accident or your activities afterward that could damage your case.

10. Direct any questions from insurance companies to your lawyer. Let them handle all communication on your behalf.

Your truck accident attorney will guide you through the entire legal process, investigate the crash, handle negotiations with the insurance company, and fight for the maximum compensation you deserve through a settlement or jury verdict if needed. Contacting a personal injury lawyer as soon as possible before critical evidence disappears is essential.

FAQs About Truck Accident Claims in Miami

1. How Long Must I File A Truck Accident Lawsuit In Florida?

The statute of limitations for truck accident lawsuits in Florida is generally four years from the crash date. However, the deadline may differ in certain situations, so it’s best to consult a Miami personal injury attorney as soon as possible to meet all critical deadlines.

2. What If The Truck Driver Doesn’t Have Insurance Or Enough Coverage For My Injuries? 

Suppose an uninsured or underinsured trucker hit you. In that case, you can file a claim with your insurance company if you have uninsured/underinsured motorist (UM/UIM) coverage. A knowledgeable truck accident claims attorney in Miami can also identify other potential sources of compensation.

3. Will I Have To Go To Court For My Truck Accident Case?

The vast majority of truck accident claims are settled out of court. However, if the trucking company or insurance company refuses to offer a fair settlement, your Miami truck accident lawyer should be ready and willing to argue your case at trial. Make sure you choose a law firm with significant courtroom experience.

4. How Much Does It Cost To Hire A Truck Accident Attorney In Florida? 

Most personal injury lawyers, including truck accident attorneys, work on a contingency fee basis. That means you pay no upfront fees; your lawyer only gets paid if they recover your money. Then, they receive a percentage of the settlement or verdict amount. This makes quality legal representation accessible to anyone.

5. What If I Am Partly To Blame For The Truck Accident? Can I Still File A Claim?

Florida follows a comparative negligence law, which means you can still recover compensation even if you are found partly at fault for the accident. However, your damages award will be reduced by the percentage of fault you have assigned. So if you are deemed 20% responsible, you can receive 80% of your damages. A skilled Miami truck accident lawyer will work to minimize any allegations of fault against you.

Work with a Truck Accident Lawyer

The aftermath of a severe truck accident is a stressful and overwhelming time. The legal team at Cernitz Law is here to help you get through it and fight for your rights every step of the way. Our attorneys have a proven track record of securing top-dollar settlements and verdicts for truck accident victims in Miami and throughout South Florida. We offer free consultations and no fees unless we win your case.  

Cernitz Law advocates for clients and develops a strategic approach to ensure you receive the proper compensation for your personal injury claim. For more information, call our team at 305-370-3255