As a city with a major port, Miami has a high volume of large tractor-trailer trucks on our roads and highways. Accidents involving these motor vehicles can result in serious injuries, causing long-term medical issues or even death. The impact of a semi-truck accident on a victim can take an incredible financial, physical, and emotional toll.
If you suffered injuries in an accident involving a semi-truck, a Miami truck accident lawyer at the Law Offices of Anidjar & Levine can help you fight for maximum compensation in your case. Call today for a free case review and learn how a Miami semi-truck accident lawyer can help you and your family recover from this ordeal.
How Semi-Truck Accidents Differ From Passenger Vehicle Accidents
Trucking accidents differ in several ways from typical passenger vehicle accidents. Large commercial trucks weigh substantially more than passenger vehicles, travel at different speeds, and need much more space to maneuver safely. However, there are significant legal differences between the two as well.
Trucking Must Comply With Federal Regulations
Truck drivers and trucking companies have additional federal regulations that they must follow, per the Federal Motor Carrier Safety Administration (FMCSA). Examples of additional regulations that truck drivers must follow include hours of service, securing and carrying cargo, and operation and maintenance of the truck. Any violation of these federally established standards can result in a serious accident and substantial injuries or fatalities.
Multiple Liable Parties Could Be Involved
Due to the nature of the industry, there can be multiple parties at fault and liable for any accident involving a semi-truck. Parties may include:
- Truck driver
- Trucking company
- Cargo loaders
- Maintenance crews
Our personal injury lawyers serving Miami can investigate your accident to identify all liable parties to your injuries.
Determining Liability In Your Miami Semi-Truck Accident
Victims can file a claim against both the truck driver and the trucking company that hired them. In some cases, a victim may have the right to file a claim against the trucking company for:
- Negligent hiring practices
- Inadequate training
- Inadequate supervision
- Failure to enforce or monitor the adherence to federal regulations
- Failure to correct violations of safety standards or inspections
- Failure to maintain vehicles
Conducting a full investigation often determines why the semi-truck accident occurred, allowing a victim to pursue all liable parties responsible for their injuries and losses.
The Claims Process Following A Semi-Truck Accident
Many victims feel overwhelmed after a serious accident with a large commercial truck. With their injuries and damage to their vehicle, they may not know how to start seeking compensation for their injuries and losses. Consider the following steps if you suffered any economic or non-economic losses following a semi-truck accident:
Document The Accident Scene
The best form of documentation is any photographs you can take at the accident scene. However, many victims need immediate medical attention and cannot take photographs or document the accident scene. In these cases, request an official copy of the police report, as it may include documentation, witness information, the truck driver’s contact information, the trucking company’s information, and, in some cases, photographs of the accident.
See To Your Health
You should not make assumptions regarding your health. See a doctor as soon as possible. They can diagnose your injuries and start you on a treatment program.
Legally, this action creates a connection between your injuries and the accident.
Investigation Of The Semi-Truck Accident
In many cases, large trucking companies will immediately send an investigator over to the scene of the accident to find any evidence that would limit their liability. Many victims struggle with understanding how they can develop an investigation into their trucking case to help determine liability and responsibility.
When you contact our personal injury law firm, our Miami semi-truck accident lawyer has the resources to conduct an independent investigation and ensure all evidence remains preserved. We can contact the trucking company to preserve employment records and electronic logging data (ELD). We can also consult with expert witnesses who can provide additional information and testimony regarding the trucking accident.
Determine Your Compensation
One of the major components of a trucking accident case involves determining the compensation that a victim has a legal right to pursue under the law. A victim may have the right to pursue several different types of damages, depending on the facts and circumstances of their case. Some of these may include the following:
- Medical Expenses: Doctor bills, hospitalizations, ambulance costs, surgeries, medical treatments, physical therapy, psychological counseling, medical aids, in-home nursing care, and prescription medications
- Ongoing Healthcare Costs: Home modifications, continuing therapy and rehabilitation, and in-home nursing
- Lost Wages: Lost salary or hourly wages resulting from an inability to return to employment, lost bonuses, vacation and sick days used to cover days missed due to the accident, missed promotional opportunities, missed employee contributions or pension contributions
- Reduced Earning Capacity: If the victim remains unable to return to employment in any meaningful capacity
- Pain and Suffering: Emotional distress, mental anguish, anxiety, post-traumatic stress disorder, and insomnia
- Loss of Enjoyment of Life: If the victim is unable to participate in hobbies and activities
- Property Losses: Repair or replacement of a vehicle and the contents inside, such as a smartphone
Calculating non-economic losses often proves extremely challenging. However, victims have the right to receive the compensation they deserve under the law, and we know the techniques used by the insurance companies and the courts to determine their value.
Negotiations With The Insurance Companies
One of the most difficult aspects of a truck accident is the negotiations with the insurance companies. Large insurance policies often cover trucking companies, and the insurance company will do everything to avoid paying a full and fair settlement to a victim. A truck accident lawyer can negotiate with the insurers on behalf of a victim to obtain the fair compensation they deserve.
Filing A Lawsuit And Trial
Many trucking accident cases are settled with insurance companies. However, there are circumstances where a case needs to go to trial for a victim to receive compensation for their injuries and losses. If this is the case, we will file your personal injury lawsuit with the Miami-Dade County courthouse before the two-year statute of limitations expires. We will take our evidence and arguments to court and continue your fight for compensation in front of a judge or jury.
You Will Pay Nothing Unless We Win
Our law firm offers legal representation to accident victims under a contingency fee agreement. This agreement allows you access to a lawyer without any upfront fees or retainers. We cover the costs of investigating and building your claim, dealing with the insurance companies, and filing all legal documents. When we secure a settlement or court award, we receive a preapproved percentage for our attorney’s fees. There is no additional financial risk to you.
Contact Our Semi-Truck Accident Team To Learn More About Your Rights
Trucking accidents have many different legal layers. A Miami semi-truck accident lawyer from the Law Offices of Anidjar & Levine can help fight for the restitution you deserve.
Learn more about us through our client’s testimonials and then call. You can speak with a member of our team about your case during a free case consultation. Call today to get started.
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