Miami Truck Accident Lawyer

Our law firm wants to review your case if you suffered severe, permanent, or disfiguring injuries in a Miami truck accident. According to Florida personal injury law, you may qualify to pursue compensation for your injuries and damages, which allows accident victims to file claims and lawsuits against at-fault parties.

At the Law Offices of Anidjar & Levine, we fight for Miami accident victims’ rights, taking on trucking companies, insurance companies, and any other involved parties who contributed to our client’s injuries. A Miami truck accident lawyer from our team will seek fair compensation on your behalf should you decide to work with our firm. We offer the first consultation for free to discuss your accident and legal options.

Who Is Liable for Your Truck Accident Injuries After a Crash?

Because every accident is different, we cannot immediately know who is liable for your damages. However, through our investigation, we can discover the parties who should pay for your losses.

The following goes over common liable parties named in trucking accidents:

The Trucking Company

Tractor-trailer accidents differ from typical car accidents in one significant way: the at-fault driver might not be the only liable party in a truck crash. In many cases, the trucker’s employer, a trucking company, or another large corporation, may be held liable for the driver’s actions if the accident occurred during working hours. This is because a legal doctrine known as “vicarious liability” comes into play.

An employer is held liable for their employee’s actions while on the job under vicarious liability. Since the trucker’s job is to drive, a crash caused by a truck driver is the responsibility of that driver’s employer.

This means we may have to take on a regional, national, or even international company and their legal team to pursue the compensation you need. It also means the employer might have a more comprehensive liability policy than a person would carry.

Another Vehicle Driver

Liability is not always cut and dry. Multiple parties often play a role in truck accidents. While you may believe the truck driver acted negligently, another motorist may have contributed to the accident.

For example, a common scenario for trucking accidents is the multiple-vehicle pileup. One passenger vehicle might lose control because of the weather (e.g., rain) or a vehicle malfunction (e.g., engine failure or faulty brakes), then crashes into a truck on the road. When a truck loses control, it can crash into multiple vehicles surrounding it on the road, including yours.

In this scenario, though the truck hit your vehicle, the first vehicle’s driver could bear liability for the initial crash.

You Could Still Collect Damages if You Caused Part of the Accident

In some cases, plaintiffs may share responsibility for the accidents that led to their injuries. If this applies to your case, you could still collect compensation.

Per Florida Statutes § 768.81, the state abides by a comparative fault rule, which allows plaintiffs to collect compensation proportionate to their percentage of fault. This means if you were found 25 percent at fault for an accident, you would only be able to collect 75 percent of your total compensatory awards. So, if you were awarded $100,000, you would collect $75,000.

Other Parties We Could Pursue Damages From

Our truck accident attorneys thoroughly investigate every claim and identify the liable parties in your case. In our investigation, we may name other liable parties, such as:

• The truck manufacturer: If the truck’s defective design or manufacturing caused your collision, you could file a product liability claim or lawsuit. 
• A parts manufacturer: Over time, a commercial truck driver may replace parts in their vehicle that differ from the original manufacturing. Should any of those parts malfunction because of a design error, the parts manufacturer may be held liable for injuries caused.
• The truck’s maintenance company: Trucking companies must ensure that their vehicles receive routine maintenance to adhere to the Federal Motor Carrier Safety Administration’s guidelines. If a maintenance company fails to do its job, it should pay for your losses. 
• The loading company: Trucks and other commercial vehicles transport goods daily. Depending on how a company loads a truck’s trailer, an accident might occur because of an imbalance. 

How Can We Prove the Trucker Acted Negligently?

Truck drivers, like all motorists, are responsible for following traffic laws and driving safely. When they fail to do so, causing a wreck, this is negligence. In truck accident cases, establishing negligence is critical to the outcome of your case.

To prove this factor, we can collect a wide variety of evidence, including:

• Police reports
• Statements and interviews with eyewitnesses
• Pictures of the accident scene
• Testimony from accident reconstruction experts

However, truck accidents have a wealth of evidence we cannot get our hands on immediately. This is because much of the evidence necessary to prove negligence is in the trucking company’s hands.

Proving the Accident to the Trucking Company

When you agree to have a truck accident lawyer from our firm represent you, one of the first things we do is draft a spoliation letter to the trucking company. This letter informs the company about our forthcoming claim and requires it to protect any evidence. This may include:

• Electronic or manual truck logs
• Data from the truck’s computer
• Information about the driver’s training and licensure
• Documentation about the truck’s maintenance
• The driver’s personnel file
• Results from the mandatory post-accident drug and alcohol tests

This evidence is critical in proving truck driver error or identifying the crash’s actual cause.

How Do Truck Accident Damages Differ From Car Crash Damages?

Big rigs are massive compared to most passenger vehicles. So, when the two collide, the outcome is rarely good for the occupants in the smaller vehicle.

Drivers and passengers can sustain severe injuries. Some truck accident victims suffer permanent injuries, including paralysis or traumatic brain injuries (TBIs). Many also require hospitalization for broken bones or other catastrophic injuries, requiring ongoing care for weeks or months.

Compensation Is Based on the Severity of Your Injuries

The amount you recover depends on the severity and nature of your injuries and how they affect your ability to work and care for yourself. For example, a truck driver changed lanes without looking and hit your car. In the accident, you suffered a spinal cord injury, leaving you paralyzed from the chest down.

We will consider these factors when determining what you’re owed:

• You have medical bills from several weeks in the hospital and a month or more of inpatient rehabilitation.
• You have not worked since the accident and cannot return to your previous job.
• You had to buy a motorized wheelchair and will require the help of a home health aide to shower.
• You fell into a deep depression after your spouse left you because your injury burdened your marriage (e.g., caretaking responsibilities, loss of sexual function, financial strain).

A personal injury attorney on our legal team would calculate the value of your physical injuries and property damage based on how they affected your life. Each case is unique, so our team can explain further during your free case review.

We Will Pursue Damages Unique to Your Losses

Your personal injury lawyer can provide proof of your expenses and losses and request compensation for them. In addition, we could ask for money to pay your ongoing care costs. We work with experts and your doctors to determine your future care needs and include these costs in our claim. If you would need a new wheelchair every three years, we can ask the trucking company to pay for it.

Lastly, we request pain and suffering compensation based on the total of your financial losses. Pain and suffering damages cover the emotional losses associated with your accident and injuries.

The Kinds of Truck Accidents Our Lawyers See From Our Miami Clients

Our team has handled many cases like yours in the past. We are used to seeing accidents caused by the following forms of negligence:

Driving While Intoxicated

No vehicle operator should get behind the wheel after drinking alcohol or taking a substance that can alter their ability to focus, move their body, and make sound decisions. However, many do exactly this. A professional driver has even more of a duty of care to keep others safe. You can hold a responsible party accountable for a violation of this nature.

Also, you can pursue criminal charges when you seek a civil case; the two cases will not interfere with each other.

Driving Distracted

It can be challenging on long drives to keep your mind on the road and your hands on the wheel. However, it is a requirement for safe driving. Truckers might busy themselves with other tasks while working. This can cause accidents—and might have harmed you and your family.

A driver might have been:

• Daydreaming
• Changing the radio station or cab’s temperature
• Talking, texting, or using an application on their cell phone while driving

Driving While Fatigued

A truck driver has extended hours and covers many miles. They must sleep a certain number of hours to uphold the government’s Hours of Service Regulations. However, not every driver does this. A tired driver might have drifted into your lane and sideswiped you.

What You Should Know About Our Team Before Working with Us

We handle all cases on a contingency-fee-basis, so your initial consultation is free. We can evaluate your case and help you understand your legal options. You pay nothing until we secure a settlement for you.

Read Some of Our Testimonials

We pride ourselves on working for our clients and helping them get compensation. Some of our clients have left reviews describing their experiences with us:

• “I’ve had nothing but the best experience. Everyone I had the pleasure of working with made what began as terrible and frustrating experiences easier to deal with and process. They are so professional and so attentive – I never once felt like just a case.”– Kelsey O.
• “Hands down the best experience I’ve had handling a tough time. This law firm not only helps you to feel welcome, but literally makes your success their sole focus and mission. [They are] amazing at what they do, and I’m thankful I came across such a talented team.”– Natalia M.

We Are Involved in Our Community in South Florida

We also believe in involving ourselves in our community and supporting charities such as:

• The Broward Sheriff’s Foundation
• Family Fun Day
• The Children’s Science Museum
• The Miami Dolphins Cancer Challenge
• Kids in Distress
• Jewish Federation
• Mothers Against Drunk Driving (MADD)

Contact The Law Offices of Anidjar & Levine About Your Miami Truck Accident

Suppose you suffered severe injuries in a truck accident, secure representation from one of our truck accident lawyers serving Miami. At the Law Offices of Anidjar & Levine, we fight to protect your rights and recover the compensation you deserve. Do not feel like you have to take on a trucking company and its team of lawyers on your own. We are here to help.

Call or contact us online today to speak with our truck accident legal team.