At Anidjar & Levine, we understand truck accidents can be devastating and life-changing. As Miami truck accident lawyers, we have seen firsthand the physical, emotional, and financial toll these accidents can take on victims and their families.
That’s why we’ve put together this FAQ to answer some of our clients’ most common questions about truck accidents in Miami.
In this article, we’ll cover a range of topics related to truck accidents in Miami, including:
- How to determine liability for an accident
- The role of driver fatigue in these crashes
- Common injuries sustained by victims
- Compensation available for those injured in a truck accident
- The importance of evidence in building a strong case
- What to look for when choosing a Miami truck accident lawyer
Whether you’re dealing with an ongoing legal case or simply trying to educate yourself on your rights following a truck accident, this article will provide valuable information.
What Are the Causes of Most Miami Truck Accidents?
Truck accidents in Miami, like elsewhere, can result from many factors. Understanding these causes is crucial, not only to establish liability in the event of an accident but also to work toward preventive measures. Here are some of the most common causes of truck accidents in Miami:
Driver Fatigue
Truck drivers often work long hours and cover extensive distances, which can lead to fatigue. Despite regulations outlining the maximum hours a trucker can drive without a break, fatigue remains one of the leading causes of truck accidents.
Distracted Driving
Truck drivers, like all drivers, can become distracted. Whether using a mobile device, adjusting the radio, eating, or simply losing focus on the road, any distraction can have serious consequences due to the size and weight of commercial trucks.
Improper Loading
Commercial trucks often carry heavy loads. If these loads are not properly secured or balanced, they can cause the truck to become unstable, increasing the risk of an accident.
Mechanical Failures
Trucks require regular maintenance to operate safely. Mechanical failures, such as brake failures, tire blowouts, or steering system failures, can lead to catastrophic accidents if not addressed promptly.
Speeding and Reckless Driving
Under pressure to meet tight delivery schedules, truck drivers may resort to speeding or reckless driving, significantly increasing the risk of accidents.
Inadequate Training or Experience
Driving a commercial truck requires specialized training and skills. Inexperienced drivers or those without adequate training pose a higher road risk.
Impaired Driving
Truck drivers operating their vehicles under the influence of alcohol or drugs pose a significant risk to themselves and others on the road. Although there are strict regulations against such behavior, impaired driving occurs.
Poor Road Conditions
Bad weather, poorly maintained roads, or inadequate signage can also contribute to truck accidents.
Each truck accident is unique and may be caused by one or more factors mentioned above. An experienced Miami personal injury lawyer can help you identify the cause of the accident, establish liability, and pursue compensation.
What Should I Do Immediately After a Truck Accident in Miami?
Being involved in a truck accident can be a terrifying experience. Your actions in the immediate aftermath can significantly impact your ability to secure compensation for your injuries and damages. Here’s a step-by-step guide on what to do immediately after a truck accident in Miami:
Ensure Your Safety and the Safety of Your Passengers
First and foremost, check on the well-being of yourself and any passengers. If anyone is injured, call 911 immediately. Even if injuries seem minor, it is essential to seek medical attention promptly, as some injuries may not become apparent until later.
Move to a Safe Location
Move your vehicle out of the flow of traffic to a safe location. If you cannot move your vehicle, stay inside with your seatbelt on until help arrives.
Call Law Enforcement
Even if the accident appears minor, it’s important to call the police. They will file an official accident report, which can serve as crucial evidence in your claim.
Document the Scene
If it is safe, take photos and videos of the accident scene, including your vehicle, the truck, the road conditions, and any visible injuries. This visual evidence can be invaluable later.
Exchange Information
Exchange contact and insurance information with the truck driver. Ensure to get the driver’s name, address, driver’s license number, and their employer’s name and contact information.
Gather Witness Information
If there were any witnesses to the accident, get their names and contact information. Witness statements can provide additional evidence to support your claim.
Report the Accident to Your Insurance Company
Notify your insurance company about the accident as soon as possible. However, avoid giving a detailed statement or accepting any settlement offer without consulting an attorney.
Seek Legal Advice
Contact a Miami truck accident lawyer. Navigating the legal and insurance complexities after a truck accident can be challenging. An experienced lawyer can guide you through the process, help preserve your rights, and work to secure the compensation you deserve.
Remember, the shock and stress after a truck accident can be overwhelming, but your actions immediately following the accident can significantly influence the outcome of your claim. Be cautious of what you say at the scene and to insurance companies, as any admission of guilt or sign of liability can be used against you in your case.
How Can I Determine Liability in a Miami Truck Accident?
Determining liability in a truck accident can be complex due to the potential involvement of multiple parties and factors. Here are several steps to identify the liable party or parties:
Investigate the Accident
A thorough investigation of the accident scene can provide essential clues about what caused the accident. This includes examining the vehicles, skid marks, and other physical evidence and reviewing photographs or video footage if available.
Review Police and Accident Reports
Law enforcement officers typically complete an accident report at the scene. This report may contain vital information about the accident and may even include the officer’s opinion about who was at fault.
Consult with Experts
Experts such as accident reconstruction specialists can analyze the evidence and provide an objective opinion about what happened. They can assess the mechanics of the collision, the vehicles’ speed, and other contributing factors to establish the sequence of events leading up to the accident.
Review Driver Logs and Records
Truck drivers are required by law to keep logs of their driving hours and rest periods. If a driver violated these regulations and was fatigued during the accident, this could be an essential factor in determining liability.
Assess the Truck’s Maintenance and Inspection Records
Poorly maintained trucks can lead to devastating accidents. If the truck in your accident was improperly maintained or inspected, the trucking company could be held liable.
Review the Truck’s Black Box Data
Most modern trucks have electronic control modules (“black boxes”) that record data about the truck’s operation. This data can provide invaluable evidence about the truck’s speed, brake usage, and other factors during the accident.
Determining liability in a truck accident often involves thoroughly examining many factors. An experienced Miami truck accident lawyer can help you navigate this process, working with experts to build a strong case and hold the responsible party or parties accountable for their actions.
How Does Driver Fatigue Contribute to Miami Truck Accidents?
Driver fatigue can play a significant role in causing collisions involving large commercial vehicles in Miami. For example, when a truck driver is fatigued, their reaction time slows, and their ability to safely operate their vehicle decreases, increasing the likelihood of accidents.
Violation of Hours of Service Regulations
The Federal Motor Carrier Safety Administration (FMCSA) has hours-of-service regulations to prevent driver fatigue. These rules limit the number of consecutive hours a truck driver can operate without taking a break or getting sleep. Unfortunately, violation of these regulations often leads to excessive driver fatigue.
Disrupted Sleep Patterns
Truck drivers often work irregular hours, including night shifts, disrupting their natural sleep patterns and leading to fatigue. This condition, known as shift work sleep disorder, can result in attention lapses, slow reaction times, and an increased risk of accidents.
Stress and Pressure to Meet Deadlines
Truck drivers may face pressure to meet tight delivery schedules, leading to overwork and inadequate rest periods. This excessive stress can compound the effects of fatigue, increasing the risk of a collision.
Lack of Quality Sleep
Even when drivers adhere to hours of service regulations, they may not get quality sleep during their off-duty hours due to uncomfortable sleeping arrangements or environmental disruptions. Poor quality sleep can contribute to fatigue and impaired driving performance.
Underlying Health Issues
Truck drivers may also have underlying health issues, such as sleep apnea, that can contribute to fatigue. Unfortunately, these health issues can go undiagnosed and untreated, compounding the fatigue issue.
Given the serious implications of driver fatigue, it’s crucial to consider this factor when investigating a truck accident. A seasoned Miami truck accident lawyer can help investigate whether driver fatigue contributed to your accident and seek appropriate compensation from the liable parties.
What Are Common Injuries Sustained in Miami Truck Accidents?
In the aftermath of a truck accident in Miami, victims may sustain a range of injuries, some of which may have severe, life-altering consequences. The type and severity of these injuries can vary widely, depending on the specifics of the accident, such as the speed at impact and the safety measures in place.
The table below outlines common injury types that victims might experience during these devastating incidents. In addition, we provide a brief description of each injury type and examples to understand better the potential harm truck accidents inflict.
Every accident is unique, and victims can experience different injury patterns. However, seeking immediate medical attention is paramount if you’ve been involved in a truck accident.
Injury | Injury Description | Examples |
---|---|---|
Traumatic Brain Injury (TBI) | Traumatic brain injury (TBI) refers to injuries that damage the brain and can result in long-term cognitive and physical impairment. | These injuries can occur during a truck crash if the victim’s head strikes an object or due to the sudden jolt of the collision causing the brain to move inside the skull. |
Spinal Cord Injury | These injuries can lead to temporary or permanent changes in strength, sensation and other body functions below the site of the injury. | They can be caused by the severe impact of a truck collision, which can fracture or dislocate vertebrae, causing damage to the spinal cord. |
Fractures | Broken bones can vary in severity and can cause long-term physical impairment. | The immense force exerted during a truck accident can easily cause fractures, particularly in the limbs, ribs, and pelvis. |
Internal Injuries | Damage to internal organs, internal bleeding, or internal bruising can occur, which can be life-threatening. | These injuries can be caused by the blunt force trauma experienced during a truck accident. They may not be immediately noticeable and can be particularly dangerous. |
Lacerations | Deep cuts or tears in the skin can lead to significant blood loss and potential scarring. | Shattered glass, exposed metal, and other debris during a truck collision can cause severe lacerations. |
Burns | Burns can result from contact with hot surfaces, chemicals, or fire, and can cause severe pain, long-term damage, and disfigurement. | In severe truck accidents, particularly those involving fuel fires or chemical spills, victims can suffer burns. |
Psychological Trauma | This can include conditions such as post-traumatic stress disorder (PTSD), anxiety, and depression. | The traumatic nature of a truck accident can lead to significant psychological distress, affecting a victim’s quality of life and overall well-being. |
How Should I Deal with Insurance Companies After a Truck Crash?
Handling correspondence with insurance companies after a truck accident in Miami can be challenging and stressful. Insurance adjusters may seem sympathetic and helpful, but it’s crucial to remember that their primary goal is to save their company money. Unfortunately, this often means minimizing your claim.
Here are strategies to help you navigate these interactions:
- Report the accident promptly: Contact your insurance company to report the accident as soon as possible. Delays in reporting can provide grounds for the insurance company to deny your claim.
- Seek legal advice: Consult with a Miami truck accident lawyer before providing recorded statements or signing any documents from an insurance company. Legal professionals can handle communications with the insurance company to protect your rights and interests.
- Be wary of quick settlement offers: Insurance companies might attempt to settle your claim quickly and for less than its actual worth. Always consult with your attorney before accepting any settlement offers.
- Keep detailed records: Document all aspects of the accident, your injuries, and subsequent treatment. This includes medical bills, photographs of your injuries and the accident scene, information from witnesses, and any communication you have with the insurance company.
- Be honest, but limit your communication: While it’s important to be honest when interacting with the insurance company, avoid speculating about details or discussing who is at fault. Keep your communication limited and factual.
- Understand your insurance policy: Familiarize yourself with your insurance policy to understand your coverage fully. If certain policy aspects are unclear, your attorney can help interpret the language and guide you on proceeding.
Remember, the aftermath of a truck accident can be a stressful time. However, having the assistance of a skilled Miami truck accident lawyer can make the process more manageable and increase the chances of obtaining a favorable outcome.
What Is the Impact of a Truck Accident on Miami Traffic?
Truck accidents can have a significant impact on traffic in Miami. Due to an 18-wheeler’s large size and weight, collisions involving these vehicles can lead to severe disruptions and traffic congestion. Here are some ways in which truck accidents impact Miami traffic:
- Road closures: Following a truck accident, authorities must close down road sections for cleanup, investigation, and repair. These closures can lead to traffic diversions and considerable delays.
- Lane closures: A truck accident often results in lane closures as authorities investigate the scene and clear debris from the roadway.
- Traffic congestion: Truck accidents can cause significant traffic buildups without complete road closures. Other drivers slow down or stop to avoid the accident scene, creating bottlenecks.
- Route diversions: In some cases, authorities may divert traffic from an accident scene altogether, forcing drivers to take alternate routes.
- Increased commute times: The traffic congestion resulting from a truck accident can lead to increased commute times for drivers. This can have a knock-on effect on productivity and schedules throughout the city.
- Emergency response interference: The congestion and road closures caused by truck accidents can impede emergency vehicles’ response times, potentially leading to further complications and delays.
- Infrastructure damage: Truck accidents can also cause damage to road infrastructure, such as guardrails, traffic signs, and lighting. This damage can contribute to ongoing traffic issues until repairs are completed.
These impacts underline the importance of safe truck driving and adherence to regulations. Nevertheless, when accidents do occur, they can have wide-ranging effects on the city’s traffic flow and overall efficiency.
Therefore, if you’re involved in a truck accident, it’s essential to consult with a Miami truck accident lawyer who can guide you through the aftermath and help protect your rights and interests.
What Are My Legal Rights as a Miami Truck Accident Victim?
As a truck accident victim in Miami, you have specific legal rights designed to protect you and help you seek justice. Here are some of your key rights:
- Right to safety: You’re entitled to a reasonable degree of safety on the roads. Truck drivers and trucking companies must follow all safety regulations and avoid negligent or reckless behavior.
- Right to seek compensation: If you’ve been injured in a truck accident due to someone else’s negligence, you have the right to pursue compensation. This compensation can cover various damages, including medical bills, lost income, and pain and suffering.
- Right to legal representation: You can have a lawyer represent you. Legal representation can help protect your interests, negotiate with insurance companies on your behalf, and potentially defend your rights in court.
- Right to remain silent: Following an accident, you don’t have to provide any statements that might be used against you. It’s typically best to consult a lawyer before discussing the accident with an insurance company.
- Right to a fair trial: If your case ends up in court, you’re entitled to a fair trial. This right includes presenting your evidence, calling witnesses, and contesting the evidence brought forth by the opposition.
Understanding your rights is crucial in the aftermath of a truck accident. However, remember that each case is unique, and your circumstances can affect these rights. Given your unique situation, consulting a knowledgeable Miami truck accident lawyer can help you understand your rights and the best steps forward.
What Is the Process for Filing a Truck Accident Claim in Miami?
Understanding the process of filing a truck accident claim in Miami is crucial to ensure your rights are protected and that you effectively seek the compensation you deserve.
Here’s a step-by-step guide on what this process typically involves:
- Seek medical attention: Your health is the top priority. After the accident, seek immediate medical attention, even if you believe you’re not seriously injured. Some injuries may not present symptoms immediately, and delaying medical care can harm your health and affect your claim.
- Report the accident: Notify the authorities about the accident. A police report can serve as valuable evidence in your case. The officers will document the accident scene, take statements, and may assign preliminary fault based on their observations.
- Document the scene and gather evidence: Collect as much evidence as possible if it’s safe and you’re physically able. This includes taking pictures of the accident scene, your injuries, and the vehicles involved. Also, try to gather the contact information of any witnesses.
- Contact a truck accident lawyer: Consulting with a truck accident lawyer can be beneficial before initiating the claim process. They can provide legal advice tailored to your situation and help you understand your rights and the compensation you may be entitled to.
- File an insurance claim: After an accident, you’ll typically need to file a claim with the appropriate insurance company. This might be your own insurance company or the truck driver’s or trucking company’s insurer, depending on the specifics of the accident.
- Investigation and negotiations: Once your claim is filed, the insurance company will investigate the accident and determine liability. Then, negotiations will begin for a potential settlement. Your lawyer can represent your interests during this process, ensuring you’re offered a fair settlement.
- Filing a lawsuit: If a fair settlement can’t be reached, you may need to file a lawsuit. Your lawyer can guide you through this process, which includes filing the appropriate documents in court, exchanging evidence with the defense, and preparing your case for trial.
- Trial: If your case goes to trial, both sides will present their evidence, and a judge or jury will decide the outcome.
Remember, every case is unique, and the specific steps you need to take may vary. It’s crucial to have a Miami truck accident lawyer guiding you through this process to protect your interests and maximize your potential compensation.
How Does Negligence Play a Role in Miami Truck Accident Cases?
Negligence is a key factor in most truck accident cases in Miami. The basic principle of negligence is that every individual must act reasonably to avoid causing harm to others. When someone fails to uphold this duty and causes harm; as a result, they may be considered negligent and could be held legally responsible for the resulting damages.
In the context of a truck accident, various parties could potentially be found negligent:
- Truck drivers: Truck drivers can be found negligent if they fail to adhere to the rules of the road or the special regulations that apply to commercial truck drivers. Examples include speeding, distracted driving, driving under the influence, or violating hours-of-service regulations, which can lead to driver fatigue.
- Trucking companies: Trucking companies are responsible for ensuring that their drivers are qualified and adequately trained. They must also maintain their fleet of trucks properly. If a trucking company hires an unqualified driver or fails to maintain its vehicles, these actions contribute to an accident, and the company could be found negligent.
- Manufacturers: If a defect in the truck or one of its components contributed to the accident, the manufacturer of the defective part could be found negligent. For example, if faulty brakes or a tire blowout caused the truck driver to lose control, the manufacturer of those parts could be held responsible.
- Maintenance providers: Companies responsible for maintaining and repairing trucks could also be found negligent if they fail to perform their duties correctly, leading to an accident.
When it comes to proving negligence, the plaintiff (the person filing the lawsuit) must generally demonstrate the following four elements:
- Duty of Care: The defendant (the person being sued) owed the plaintiff a duty of care. In the context of driving, every driver must drive safely and follow traffic laws to avoid causing harm to others.
- Breach of Duty: The defendant breached that duty. In other words, they failed to uphold their responsibility to act safely.
- Causation: This breach of duty caused the accident. It must be shown that the accident would not have happened if the defendant had upheld their duty of care.
- Damages: The plaintiff suffered damages (like physical injuries or property damage) due to the accident.
Understanding and proving negligence can be complex, especially in a truck accident where multiple parties could be at fault. Therefore, working with a knowledgeable Miami truck accident lawyer who can help gather evidence, establish negligence, and advocate for your interests is important.
What Compensation Is Available for Miami Truck Accident Victims?
If you’ve been involved in a truck accident in Miami, you may be eligible for various types of compensation. They will depend on the specific circumstances of your case and the nature of your injuries.
Understanding these potential sources of compensation is important to ensure you are fully aware of your rights and potential remedies. Here are some types of compensation that might be available in a Miami truck accident case:
- Medical Expenses: These can cover the cost of any medical treatment you’ve received due to the accident and the estimated costs of future medical care you may need due to your injuries.
- Lost Wages: If your injuries have forced you to take time off work, you may be compensated for your lost income. If your injuries impact your ability to work in the future, you may also be compensated for future lost earning capacity.
- Pain and Suffering: This type of compensation is designed to acknowledge and compensate for the physical pain and emotional distress you’ve endured due to the accident.
- Loss of Enjoyment of Life: If your injuries have affected your ability to enjoy the activities and pleasures of life, you might be eligible for this type of compensation.
- Property Damage: You may be compensated for any damage to your vehicle or other property due to the accident.
- Punitive Damages: In cases where the defendant’s behavior was particularly egregious or reckless, the court may award punitive damages. These are intended to punish the defendant and deter similar behavior in the future.
- Each truck accident case is unique, so the types and compensation amounts available will vary depending on the circumstances. A skilled Miami truck accident lawyer can help you understand the full range of compensation you may be entitled to and can advocate on your behalf to maximize your potential recovery.
What Evidence Should Be Collected in My Miami Semi-Truck Accident Case?
Building a strong case after a semi-truck accident requires collecting substantial evidence. This evidence helps establish fault, demonstrate the extent of your injuries, and justify the compensation you seek. Here’s a list of critical evidence you or your attorney should gather in your Miami semi-truck accident case:
- Police report: This document can provide an impartial perspective on what happened during the accident. It usually contains crucial details such as the apparent cause of the accident, weather conditions, statements from involved parties and witnesses, and any traffic law violations.
- Photos and videos: These can document the condition of the vehicles after the accident, the state of the roadway, visible injuries, and more. They can also be taken from different angles to provide a comprehensive view of the incident.
- Medical reports: These can include a detailed account of your injuries, the treatments you’ve received, the estimated recovery time, and any long-term health implications. They can be instrumental in proving the severity of your injuries and the associated medical expenses.
- Truck driver’s logs and records can help reveal if the driver violated any laws or regulations, such as those concerning rest periods and maintenance schedules. The driver’s history of traffic violations or accidents could also be relevant.
- Eyewitness accounts: If there were people who saw the accident occur, their testimonies could be useful in establishing how the accident happened and who is at fault.
- Expert testimonials: These can be provided by accident reconstruction experts, medical professionals, and automotive specialists. They can help explain technical aspects related to the cause of the accident, your injuries, and the effect of the accident on your life.
- Black box data: As mentioned above, many trucks carry a black box that records information about the truck’s operations. This can include data on the truck’s speed, braking, and other factors leading to the accident.
It’s important to act quickly when collecting evidence. Some evidence may be time-sensitive or may be lost or destroyed over time. Partnering with a seasoned Miami semi-truck accident lawyer can ensure that all essential evidence is promptly and thoroughly collected.
What Should I Look for in a Miami Trucking Accident Attorney?
Choosing the right lawyer for your truck accident case in Miami can greatly impact the outcome. Choosing the right lawyer for your truck accident case in Miami can significantly impact the outcome. This decision can be challenging, given the number of factors to consider.
Below, we’ve outlined some of the most critical considerations when selecting a Miami trucking accident attorney. Use this table to understand better what to look for and how each factor might influence your choice.
Remember, your attorney will be your advocate during a difficult time, so finding someone who fits your needs and can effectively represent your interests is essential.
Factors to Consider | Description |
---|---|
Experience | Check whether the attorney has experience handling truck accident cases, especially ones similar to your own. The laws surrounding truck accidents can be complex and unique, so it’s crucial that your lawyer is well-versed in this area. |
Track record | An attorney with a strong track record of successful settlements and verdicts in truck accident cases is typically a good choice. This is indicative of their ability to effectively negotiate with insurance companies and argue your case in court, if necessary. |
Reputation | Look into the attorney’s reputation in the legal community and among past clients. Reviews and testimonials can offer insights into their professionalism, communication skills, and the quality of their services. |
Resources | Truck accident cases often require significant resources for investigations, hiring expert witnesses, and gathering evidence. Ensure the attorney has the necessary resources to thoroughly prepare your case. |
Communication | You want an attorney who will keep you informed about your case’s progress and answer your questions promptly. Good communication can help you make informed decisions throughout the legal process. |
Contingency fee basis | Many personal injury attorneys operate on a contingency fee basis, meaning you only pay legal fees if they win your case. Make sure to understand the attorney’s fee structure before moving forward. |
Commitment | The attorney should be committed to your case and show genuine concern for your wellbeing. They should be willing to go the extra mile to get you the compensation you deserve. |
A firm like the Law Offices of Anidjar & Levine, with its experienced and dedicated team of truck accident attorneys, is an excellent choice to ensure you receive the representation and support you deserve throughout your case.
What Can Anidjar & Levine Do for Me?
Anidjar & Levine is a law firm with extensive experience handling various personal injury cases, including truck accidents. If you have been involved in a truck accident, we can provide you with the following specialized services:
- Serving clients in Miami: We proudly represent clients in Miami and the surrounding areas. We have a deep understanding of the local laws, regulations, and court systems, which enables us to provide effective legal representation tailored to the specific needs of Miami residents.
- Extensive experience in Miami truck accident cases: Our attorneys have a proven track record of success in handling truck accident cases in Miami. We are well-versed in the unique challenges and dynamics of truck accidents in the area, including the busy roadways and the presence of large commercial vehicles.
- Strong relationships with local experts: Over the years, Anidjar & Levine has built strong relationships with a network of local experts and professionals who can provide valuable insights and support in truck accident cases. This includes accident reconstruction specialists, medical professionals, and investigators who can contribute to building a strong case on your behalf.
- Deep understanding of Miami’s trucking industry: Miami is a bustling city with a significant trucking presence. Anidjar & Levine has a comprehensive understanding of the local trucking industry, including the major trucking companies and common routes. This knowledge allows them to effectively investigate and identify potentially liable parties in truck accident cases.
- Personalized attention and client-centered approach: We are dedicated to providing personalized attention to each client. We understand the physical, emotional, and financial toll that a truck accident can take on your life, and we will guide you through the legal process with compassion and care.
- Strong negotiation and litigation skills: The attorneys at Anidjar & Levine are skilled negotiators and litigators. We are adept at handling negotiations with insurance companies and seeking fair settlements for their clients. If a fair resolution cannot be reached, we will take your case to court and fight for your rights before a judge and jury.
Our team’s extensive experience in truck accident cases allows us to provide you with the skilled representation you need to navigate the complexities of these types of claims. We are committed to fighting for your rights and helping you recover the compensation you deserve for your injuries and damages.
Other Frequently Asked Questions
Are there new laws or regulations regarding truck accidents in Miami?
There have been several new laws and regulations regarding truck accidents that affect not only Miami but the entire United States.
One is the Electronic Logging Device (ELD) rule, which requires commercial drivers to use an ELD to track their service hours accurately. This regulation aims to reduce fatigue-related accidents caused by drivers who exceed their allowed driving time.
Another important law is the Drug and Alcohol Clearinghouse, which began operating in 2020. This database helps employers identify if a potential hire has violated drug and alcohol testing policies in the past, promoting safer roads for everyone.
It’s essential to stay informed about these changes in truck accident laws and regulations to protect your rights if you’re involved in an accident with a commercial vehicle.
How long does settling a truck accident claim in Miami typically take?
Typically, settling a truck accident claim in Miami can take several months. The length of time can vary depending on the case’s complexity and both parties’ willingness to negotiate a fair settlement.
In some cases, it may take longer if there are disputes over liability or damages. However, our experienced attorneys will work tirelessly to ensure your case is resolved as efficiently and effectively as possible.
We’ll handle all aspects of your claim, from gathering evidence and negotiating with insurance companies to representing you in court if necessary. Our goal is to help you receive the compensation you deserve for any injuries or damages suffered due to a truck accident in Miami.
Can I still file a claim if I was partially at fault for the accident?
Yes, you can still file a claim if you were partially at fault for the accident. In March 2023, Florida enacted House Bill 837, which changed the state’s standard of negligence from “pure” comparative negligence to “modified” comparative negligence. Under the modified comparative negligence standard, your ability to recover compensation may be impacted if you are partially at fault for the accident.
Previously, under pure comparative negligence, you could still recover damages even if you were primarily at fault for the accident. Still, your award would be reduced based on your percentage of fault. However, with the implementation of modified comparative negligence, if you are found to be 50% or more at fault for the accident, you may be barred from recovering compensation.
If you are determined to be less than 50% at fault, you can still file a claim, but your percentage of fault will reduce your damages. For example, if you are found to be 20% at fault, and the total damages awarded were $100,000, you could recover $80,000 (i.e., $100,000 reduced by 20%).
What are some common mistakes people make when dealing with insurance companies after a truck accident?
When dealing with insurance companies after a truck accident, we’ve seen common mistakes people tend to make.
One of the most significant ones is accepting the first settlement offer without seeking legal advice. Insurance adjusters may seem friendly and helpful, but their priority is to save money for their company.
Another mistake is providing too much information or admitting fault before consulting with an attorney. It’s essential to remember that anything you say can be used against you in court.
Finally, waiting too long to file a claim can also hurt your case as evidence may disappear over time, witnesses may forget details, and deadlines may pass. Therefore, it’s crucial to take action quickly and seek legal guidance from an experienced truck accident lawyer who can help you navigate the complex process of dealing with insurance companies.
Can I sue for emotional distress after a truck accident in Miami?
Yes, it is possible to sue for emotional distress after a truck accident in Miami. Emotional distress refers to the psychological impact and suffering you experience due to the accident and its aftermath. However, pursuing a claim for emotional distress can be complex, often requiring certain legal requirements.
In Florida, to successfully sue for emotional distress, you generally need to show that:
- You suffered a physical injury due to the truck accident: Emotional distress claims are typically brought alongside claims for physical injuries. If you have sustained physical injuries in the truck accident, you may be able to include emotional distress as part of your overall claim.
- Your emotional distress was severe: Florida law generally requires a high threshold for emotional distress claims. The distress must be serious and significantly impact your daily life, causing ongoing and severe emotional suffering.
- The emotional distress was directly caused by the truck accident: You must establish a clear link between the truck accident and the emotional distress you are experiencing. This may require presenting evidence demonstrating the connection, such as medical records, expert testimony, or witness statements.
Seek Experienced Legal Representation After a Devastating Miami Truck Accident
Truck accidents can be devastating, and the aftermath can be overwhelming. However, knowing what to do immediately after an accident and seeking the help of a qualified attorney can make all the difference in your case.
The lawyers at the Law Offices of Anidjar & Levine have years of experience representing victims of truck accidents in Miami, and we’re here to help you too. Our team of dedicated lawyers will work to ensure that you receive the compensation you deserve for your injuries, lost wages, and other damages.
We understand that each case is unique, and we’ll take the time to listen to your story and build a strong case on your behalf. So don’t wait; contact us today for a free consultation, and let us fight for your rights.