Miami Truck Accident Lawyer

Truck accidents can have devastating consequences that can change your life in an instant. The average semi-truck weighs between 10,000 and 25,000 pounds, and when you’re in an average car or SUV, and if you go head-to-head with a trailer-tractor, you aren’t going to win. You may also not have a good outcome if you go up against a trucking company’s lawyers.

The Miami truck accident attorneys at Freidin Brown, P.A. are dedicated to helping the victims of truck accidents in Florida to recover maximum compensation. We have decades of experience and case successes, so you can trust us to protect your best interests when your life and future are on the line. 

Our legal team consists of selectively chosen personal injury lawyers who accept a limited number of clients so we can deliver personalized attention. When you’ve got so much weight on your shoulders, we will take the pressure off by helping you navigate your legal claim.

Taking a Stand Against Truck Driver & Trucking Company Negligence

As drivers in Southern Florida, we are always aware of 18-wheelers, dump trucks, gravel trucks, semi-trucks, and other large commercial vehicles on the road. We often witness debris falling off trucks, speeding, tailgating, unsafe lane changes, and other forms of negligence. 

Florida has the third-highest number of truck accident fatalities nationwide. According to Florida’s Target Zero program’s Traffic Safety Dashboard (TSD), there were 1,1159 truck accidents in Miami-Dade County in 2021 alone. According to a report from the Institute for Safer Trucking, Florida truck accidents are on the rise, with a 93% increase over a 10-year period. 

When an accident occurs, the results can be catastrophic for the innocent occupants of the smaller vehicle. Anyone who is injured in a semi-truck accident is probably going to need significant, long-term medical services. If it happens to you or a loved one, a Miami personal injury lawyer can help you take a stand against the negligence that caused your injuries.

Drivers and Pedestrians Are at Risk of Truck Accidents in Miami

Both drivers and pedestrians face risks from truck accidents in Miami. Passenger vehicles are much smaller than trucks, leading to more severe damage in collisions. In addition to this, trucks have large blind spots, increasing the risk of accidents during lane changes or turns. They also make wide turns and require more time and distance to stop, especially at high speeds.

Truck accidents happen regularly in Miami, and these wrecks often involve multiple parties. Here are some examples of truck accidents in Miami in 2024:

• A tanker truck overturned in traffic on the Miami-Dade Turnpike, resulting in multiple injured parties. 
• Four people were killed in a chain-reaction crash involving a semi-truck on I-95. 
• A semi-truck was in a rollover crash on I-95 near Miami Gardens, leaving the driver with serious injuries. 
• Another truck driver was seriously injured when their big-rig overturned on the Don Shula Expressway. 
• A mother pushing a baby in a stroller was killed when she was struck by a flatbed dump truck while crossing Biscayne Blvd. at 22nd Street.

Given Miami’s busy urban environment and the high volume of truck traffic due to its port and commercial activities, these risks are particularly relevant. Both drivers and pedestrians need to stay alert and practice defensive behaviors around large trucks.

How Negligence Causes Truck Accidents in Miami, FL

Our Miami truck accident lawyers at Freidin Brown, P.A. help victims obtain the compensation they need for medical expenses, lost wages, pain and suffering, and other damages. We also represent family members of people who have died in fatal semi-truck crashes.

Truck accidents often involve some type of negligence, which may include:

• Aggressive driving, such as speeding or tailgating
• Truck drivers driving while fatigued, distracted driving, or driving while unqualified
• Lack of proper maintenance of faulty truck maintenance
• Driving with an unsecured load or overloading the truck
• Failure to take precaution in bad weather conditions

Who You Can Sue in a Truck Accident Claim in Miami

Identifying every negligent party liable for your Miami truck crash requires legal expertise. Based on circumstances, those potentially responsible beyond just truck driver negligence include:

• Owners: Florida’s Dangerous Instrumentality Doctrine extends liability to owners if trucks were permissively operated.
• Employers: Companies are liable for employee-driver negligence under respondeat superior laws.
• Manufacturers: If faulty equipment and maintenance caused the truck’s role in the collision, product liability may apply.
• Government: For hazardous road conditions that potentially contributed to the crash.
• Rideshare companies: Can be legally responsible for contracted driver negligence.

Our experienced truck accident attorneys know how to uncover all avenues for accountability – from state and federal trucking regulations to Florida tort law precedents. We’ll thoroughly investigate and aggressively pursue maximum compensation from anyone who shared fault in your accident. 

Don’t settle for partial recovery when multiple negligence sources likely exist. We will identify all potential defendants in your Miami truck accident claim.

Can You File a Miami Truck Accident Claim if You Shared Responsibility in the Collision?

In Miami, you may still be able to file a truck accident claim even if you shared responsibility for the collision. Florida follows a “pure comparative negligence” rule, which allows injured parties to seek compensation regardless of their degree of fault. However, your potential recovery would be reduced by your percentage of responsibility.

Here are some points you should know about shared negligence in claims in Florida:

• Pure comparative negligence: This rule allows you to pursue damages even if you were mostly at fault.
• Reduced compensation: Your award will be decreased proportionally to your share of blame.
• Importance of evidence: Determining fault percentages relies heavily on evidence and expert analysis.
• Statute of limitations: You generally have four years from the accident date to file a claim in Florida.
• Complex cases: Truck accidents often involve multiple parties, making liability determination more complicated.

Given the complexities involved in truck accident cases, especially when shared responsibility is a factor, it’s advisable to consult with an experienced personal injury attorney. They can help assess your case, gather evidence, and negotiate with insurance companies to maximize your potential compensation.

Examples of Shared Liability in Truck Accidents

Here are three examples of truck accidents that could involve shared liability:

Example 1: Merging Collision:

A truck driver is merging onto a highway but fails to check their blind spot properly. Meanwhile, a car in the right lane is speeding and doesn’t slow down or move over to allow the truck to merge safely. The two vehicles collide. Both drivers may share responsibility – the truck driver for not checking thoroughly, and the car driver for speeding and not practicing defensive driving.

Example 2: Intersection Accident:

A truck runs a yellow light that turns red as it enters an intersection. At the same time, a car making a left turn at the intersection starts to proceed as soon as their light turns green, without first ensuring the intersection is clear. They collide. Both drivers could be held partially responsible – the truck driver for not stopping, and the car driver for not yielding.

Example 3: Rear-End Collision in Poor Weather:

During heavy rain, a truck is driving too fast. A car in front of the truck suddenly brakes hard without warning. The truck then rear-ends the car. While rear-end collisions are often the fault of the rear driver, in this case, both drivers may share liability – the truck for driving too fast for conditions, and the car for braking abruptly without signaling.

These examples illustrate how multiple factors can contribute to an accident, leading to shared liability. In each case, the exact percentage of fault would depend on the specific details and evidence available.

Compensation You Can Get in a Truck Accident Claim in Miami

If you are injured by a negligent truck driver in Miami, some types of compensation you may potentially recover through a truck accident claim include:

• Past and future medical expenses: All costs related to treating crash injuries, from the ER, to surgeries, to physical therapy and medication.
• Lost income: Any wages lost from time off work during recovery and ongoing treatments.
• Loss of future earning capacity: If disabilities mean you cannot return to your prior earning level.
• Property losses: Repair or replacement costs for any damaged property like your vehicle.
• Pain and suffering damages: Compensation for physical discomfort, disfigurement, reduced mobility and emotional trauma resulting from the incident.
• Punitive damages: While rare, In cases of gross negligence or recklessness that show willful indifference for safety.
• Wrongful death damages: In a wrongful death case, compensation for funeral expenses, lost companionship, benefits the deceased would have earned, and pre-death pain and suffering.

An experienced Miami truck accident attorney will pursue full compensation for the short and long-term repercussions through assertive advocacy on your behalf.

How Long You Have to File a Truck Accident Claim in Florida

Florida recently changed the law on how long injury victims have to file claims, which is called the “statute of limitations.” According to this time limit, anyone who is hurt due to negligence in this state now has less time to pursue compensation through a lawsuit. This critical deadline is important to understand so that your rights are protected by acting promptly.

Under the new 2023 statute, the window to sue for personal injuries has shortened in Florida. The exact limits vary by case specifics, but victims now have half the time to gather evidence and build claims as they did prior to the change in this law. Missing the strict cutoff will permanently bar you from having the ability to recover damages.

Don’t lose out on your chance to get compensation – justice delayed is justice denied. These tight time limits make consulting a lawyer quickly essential for any truck accident case in Miami. We will advise you of the exact revised timeline that applies to your claim to seek compensation through legal action.

Types of Injuries You Can Get Compensation for in a Miami Truck Accident Claim

Due to their massive size, truck accidents often inflict catastrophic injuries on regular motorists, motorcyclists, bicycle riders, and pedestrians. Some common truck crash injuries include:

• Internal organ damage
• Spinal cord injuries
• Burn injuries
• Head and neck injuries
• Amputations
• Traumatic brain injuries
• Broken bones
• PTSD and emotional trauma

The huge weight disparity means truck wrecks frequently cause permanent, life-altering harm. Experienced attorneys make sure your rights are protected while you focus on recovering.

How Much Is a Miami Truck Accident Claim Worth?

The value of a Miami truck accident claim is calculated based on several factors, including the cost of your current and future medical expenses, your lost wages and loss of earning capacity, and the cost of rehabilitation. 

Your claim’s value will also be based in part on your non-economic damages like pain and suffering, emotional distress, the loss of enjoyment of life, and loss of consortium. Permanent disabilities and chronic conditions as a result of the truck accident can increase your claim’s value. 

The final value is typically a combination of these factors as negotiated between the parties or determined by a court. Each case is unique, and values can vary widely depending on the specific circumstances.

Proving Liability & Maximizing Your Recovery After a Trucking Accident

Our lawyers are prepared to evaluate your accident and ability to recover compensation for an injury after any accident with a tractor-trailer rig, semi, other commercial truck or van, or construction truck, whether it occurred in the Miami, Florida area, elsewhere in Florida-Dade County, or on a roadway in Polk, Broward, Lee, Palm Beach Counties.

Our personal injury lawyers have obtained personal injury and wrongful death verdicts and settlements in the millions for clients all across Florida.

Why Work With Freidin Brown, P.A. After a Serious Trucking Accident?

If your accident was caused by a careless or reckless driver, an equipment or maintenance problem, or other factors related to negligence, our lawyers will go the distance to prove just that. Here are some other reasons you may want to work with Freidin Brown, P.A.:

• We have extensive knowledge of insurance coverage, and we are not afraid to go to trial
• Our firm has connections to quality investigators and expert resources statewide
• We have a proven ability to fully substantiate your injuries, damages, and suffering

We work on contingency fees, charging no upfront fees and costs for the services we provide. We only ask for reimbursement if we are successful in winning a favorable verdict or settlement on your behalf. If we don’t win your case, you owe us nothing.

How Much it Costs to Hire a Truck Accident Lawyer in Miami

Hiring a truck accident lawyer in Miami typically involves a contingency fee arrangement, which is designed to make legal representation accessible without upfront costs. Here’s an explanation of how this system works:

• Clients don’t pay any money to the lawyer when hiring them or during the case.
• The lawyer only gets paid if they win the case or secure a settlement.
• The lawyer’s fee is a predetermined portion of the amount recovered.
• If the case is unsuccessful, the client generally doesn’t owe the lawyer anything.
• The fee structure should be clearly explained and agreed upon at the start.

This system allows accident victims to pursue their claims without worrying about affording legal representation upfront. It also means the lawyer assumes some risk, as their payment depends on the case’s outcome.

Experienced Miami Truck Accident Lawyers Using Litigation Techniques to Strengthen Your Case

Special licensing and regulatory issues may come into play if you are injured in an accident involving a commercial truck. Another critical issue can be the resources a trucking company can leverage in defending against a large claim or lawsuit. We know how to hold truck drivers and trucking companies responsible for the injuries and deaths they cause. 

Our Miami truck accident lawyers use a multitude of sophisticated litigation techniques to support your case, which may make a favorable settlement likely. To learn more about how we can assist you, contact us for a free consultation.

Get a Free Consultation With a Truck Accident Lawyer in Miami

If you or a loved one suffered harm in a truck accident caused by a negligent driver, our attorneys are offering free case evaluations. We will listen to your story and explain your rights and legal options under Florida personal injury law. Our truck accident lawyers in Miami are here to answer any questions you have about the claims process. 

Do not go it alone against the trucking company’s insurance. Schedule a free consultation to discuss your potential case and get experienced legal advice. Our goal is obtaining maximum compensation so you can move forward after a trucking collision.