The size difference between cars and trucks heavily contributes to the physical harm suffered by passenger vehicle occupants when a big rig hits a car. The disproportionate number of deaths and injuries of car occupants is one of several factors that highlight how Miami truck accident cases differ from car accident cases.
Federal and state trucking regulations, the number of potentially liable parties involved in truck crashes, and the increased compensation for victims who suffer staggering losses can make cases involving 18-wheelers more complicated. Our Miami truck accident lawyers’ years of experience help our clients and their families get through these complex cases and obtain the best outcomes possible.
The Number Of Potential Liable Parties Increases In Truck Accidents Versus Car Accidents
If two cars run into each other, determining liability is often a straightforward task. Nearly always, the person who caused the crash is also the person financially responsible for any losses.
When a big rig crashes with a car, the list of possible liable parties grows beyond one or both drivers. A commercial truck being involved in an accident can expand the list of potential at-fault parties to include:
- The truck driver, if they are an independent contractor and were negligent while operating the truck
- The truck driver’s employer, which generally holds vicarious liability for employee negligence
- The trucking company, if it didn’t provide proper driver training, did not perform due diligence in hiring procedures, ignored safe scheduling practices, or failed to follow a safe maintenance schedule
- Cargo loaders, if the load was improperly secured or loaded
- A truck part manufacturer, if a defective part contributed to the accident
- A truck manufacturer, if, for instance, faulty equipment or a mechanical failure caused the crash
- The truck maintenance providers, if they performed poor service
Multiple liable parties underscore a key difference between truck and car crash cases in Miami—the intricacy of the case dramatically increases when a truck is involved.
Negligently Ignoring Federal Regulations May Result In Liability For Truck Accidents
Cars and commercial vehicles operate under rules that help keep everyone on the road safe. However, there are several differences in the rules truckers must follow compared to other vehicle drivers. For example, the requirements to drive a car on Florida’s roads include:
- Driver’s license
- Car registration certificate
- License plate
- Certificate of title
- Car insurance
On the other hand, Federal Motor Carrier Safety Administration and Florida state trucking regulations require truck drivers and trucking companies to:
- Register trucks with the Florida Department of Transportation and display registration numbers
- Inspect the truck and its components before each trip
- Keep driving logbooks
- Must meet federal and state written and skills tests for licensing
- Limit the length of truck and trailer combinations
- Meet Florida’s truck height and width restrictions
- Meet truck weight limits for the size of the truck and the roads traveled
- Limit the number of consecutive hours drivers may be on duty
- Keep a defined distance dependent on speed between the truck and the vehicle in front of it and avoid driving in restricted lanes
- Avoid using handheld electronic devices behind the wheel
- Submit to mandatory random drug and alcohol testing
If a car or truck driver causes an accident because of unsafe driving, such as speeding, or being in an unsafe condition to drive, such as fatigued, they may be negligent and liable for losses victims experience in a crash.
If a truck driver or trucking company fails to meet one of the federal or state regulations, that failure might be enough to prove negligence on their part. The increased opportunities for fault emphasize one of the differences between accidents involving cars versus trucks in Miami.
Accident Investigations Differ Between Car And Truck Crashes
Miami personal injury lawyers often conduct investigations to discover how an auto accident happened and who was at fault. Investigating an accident between two cars often means reviewing CCTV or traffic camera footage, talking to eyewitnesses, inspecting the crash site, and reconstructing the accident.
However, when a commercial truck is involved in an accident, acquiring evidence and determining fault and liability for the crash can be more complicated as investigators sift through additional evidence such as:
- The truck’s black box, which captures various types of data, including the truck’s steering and braking patterns at the time of the crash
- The truck driver’s logs, which record hours behind the wheel and off-duty rest time
- Recent and historical truck maintenance records
- The truck owner’s or company’s history and established hiring practices
- Cargo loaders’ records
On top of the evidence sources specific to big rig accidents, investigators will also look to other wells of information to identify if a negligent or wrongful act was involved in the crash.
Differences Between Car And Commercial Truck Insurance Can Lead To Prolonged Legal Battles
While cars can inflict a lot of damage, they weigh only 4,000 pounds on average, compared to a loaded truck that can weigh up to 80,000 pounds. That means the damage a truck can cause in an accident is much greater than what a car can do. Commercial truck accident victims often suffer catastrophic injuries, such as:
- Traumatic brain injuries
- Spinal cord injuries
- Broken bones
- Internal organ damage
- Severe burns or lacerations
- Soft tissue injuries
- Psychological injuries
Accordingly, per Florida Statutes § 627.7415, additional liability insurance is required for commercial motor vehicles in Florida (compared to the requirement for passenger vehicles).
The higher insurance caps on trucks often mean that the insurers and their lawyers will fight all the harder, as the potential loss is higher than for a passenger car’s insurer.
If you have a Miami truck accident attorney on your side, they can negotiate with the liable party’s insurance company for you and fight for a fair settlement that accounts for all your economic and non-economic damages, including medical expenses, property damage, lost wages, pain and suffering, emotional distress, loss of enjoyment of life, and more.
Contact A Miami Truck Crash Attorney At The Law Offices Of Anidjar & Levine Today
The differences between car and truck accident cases are substantial. If you’ve been injured in a trucking accident, contact the Law Offices of Anidjar & Levine today. Our Miami personal injury attorneys are experienced in protecting truck accident victims’ rights.
We offer free, no–obligation case consultations. During your consultation, we will give you our best opinion about the legal options that make sense for your personal injury claim. It’s our job to get you the money you deserve. Our Miami truck accident lawyers will do the fighting so you don’t have to.
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