All auto accidents are dangerous. However, if such accidents involve a truck, then the risk of serious injuries and even death increases significantly. The cost of injuries and damages rise in accidents involving trucks.
A victim of a truck accident enters into a legal battle with the driver, the trucking company, and the insurance company to receive full compensation for Injuries, which is impossible without the able guidance of a competent and experienced truck accident lawyer.
If you have been the victim of a truck accident, then the actions you take soon after a truck accident can have a major impact on your case. Our truck accident lawyers recommend that you do the following:-
- STAY AT THE SCENE OF THE ACCIDENT.
After an accident, do not leave the scene of the accident. Stay in the vicinity of the accident scene and remove yourself, your passengers and the vehicle from being exposed to further harm.
- REPORT THE ACCIDENT. It is important to call emergency services and the Police to report the accident.
- ASSESS INJURIES. Check on the people involved in the accident . Assess their injuries and your own injuries as well. If necessary go to the emergency room as soon as possible to check for potential injuries.
- TAKE PHOTOS AND CAPTURE VIDEO FOOTAGE OF THE WRECK. If possible, use your cellphone to capture images of the entire scene and also of vehicles involved in the accident from various angles. It is important to take photos of road signs, road conditions (such as slickness from rain). Check for skid marks left on the road by the vehicles involved in the accident. The truck accident company will likely have their safety investigator on the scene. Accordingly, you should either call a lawyer right away or you should photograph the scene.
- AVOID MAKING STATEMENTS OR GIVING DETAILS OF THE ACCIDENT ON SOCIAL MEDIA. Posts on social media right after an accident can be used against you in an injury lawsuit with regard to severity of injuries sustained. While speaking to representatives of other parties involved in the accident, refrain from blaming anyone or accepting blame for the accident.
- GET YOURSELF ASSESSED FOR SERIOUS INJURIES.
Concussions and internal bleeding do not show obvious symptoms right away. Medical records of injuries sustained can be vital in recovering adequate compensation.
COMMON CAUSES OF TRUCK ACCIDENTS.
Government agencies and truck manufacturers work together to ensure road, vehicle and driver safety, yet truck accident numbers continue to rise. Some major factors that contribute to truck accidents are:-
1. Driver errors.
The most common errors of truck drivers that lead to accidents are as follows:
- Distraction/ Inattention.
- Failure to yield right of way.
- Impairments (alcohol, illness, fatigue).
- Reckless driving.
- Failure to keep in proper lane.
2. Trucking companies hiring unfit drivers who lack the required commercial driving license (CDL).
3. Failure of trucking companies to train and supervise their drivers.
4. Failure of trucking companies to inspect and maintain vehicles regularly.
5. Improperly loading cargo.
6. Allowing or encouraging truck drivers to work excessive driving hours.
7. Defective parts such as tires, wheels, brakes or axles.
8. Failure of state to properly maintain roads.
TYPES OF TRUCK ACCIDENTS.
The most common types of truck accidents are:-
- Head on trucking accidents.
- Rear end trucking accidents.
- Rollover trucking accidents.
- Jack knife trucking accidents.
- Tire blowouts.
- Trailer load spills.
TYPES OF INJURIES SUSTAINED IN TRUCK ACCIDENTS.
Most common truck accident injuries are :-
- Broken bones and Fractures.
- Facial damage.
- Spinal injuries/ paralysis.
- Internal bleeding.
- Traumatic brain injuries.
- Permanent disability.
STATUTE OF LIMITATION FOR FILING A TRUCK ACCIDENT CASE IN FLORIDA
There are specific time limits, restrictions and rules for filing an accident claim. An experienced Miami truck accident lawyer ensures that you fully understand the Federal, State and Local laws that might apply to your case. Florida statute of Limitations for truck accidents is four years after the accident occurred. In general terms, residents of Florida have four years from the date of the accident to initiate a civil lawsuit.
It is in the best interests of the plaintiff to enlist the services of an experienced truck accident lawyer. Sufficient time is necessary to collect evidence to establish the defendant’s liability. Various witnesses have to be traced and interviewed. Numerous records have to be collected and opinion of experts has to be sought.
COMPENSATION FOR VICTIM OF A TRUCK ACCIDENT IN MIAMI.
Miami truck accident lawyers seek to get maximum compensation for the victim of a truck accident and help him or her explore other options and alternative ways to seek additional compensation for injuries sustained.
Florida laws provide compensation to truck accident victims for injuries and damages caused by the negligence of truck drivers. Given below are the types of damages that a victim of a truck accident may be able to recover:-
- Past and current medical costs.
In most of the truck accident cases, the medical bills are the largest single expense incurred by the victim. Adequate medical care and treatment is required by the victim for his injuries.
- Future medical costs. After initial treatment and rehabilitation, victims of truck accidents often require further medical care in the future. Expert testimony from doctors and therapists can establish that the victim requires further extensive treatment.
- Lost wages and business income. A victim, whether employed, self employed or a business owner, is entitled to recover compensation for the time spent away from work or business.
- Loss of future earning capacity. Some injuries harm the victims in such a manner that they are no longer able to do the job that they were doing before the accident. In many instances, a victim may have to change from a full time job to a part time job or move from a highly paid job to a lower paying job. In such cases, additional compensation maybe awarded.
- Permanent injury and disability. Some injuries have life long implications on the health of a victim of a truck accident.
A victim never recovers fully from his injuries.
NON ECONOMIC DAMAGES.
- Pain and suffering.
Injuries cause pain which can be extreme and debilitating. Such pain is accompanied by emotional suffering and stress. Florida law allows victims to collect compensation for such suffering.
- Emotional distress. Additional mental and emotional illnesses can arise from injuries sustained in a truck accident. Emotional distress, if proven by experts can support a victim’s claim for compensation.
- Loss of consortium. Injuries sustained in truck accidents can limit and restrict a victim’s basic life functions resulting in loss of love, affection and companionship. Under loss of consortium, a victim can claim damages for physical isolation suffered due to injuries sustained in truck accident.
- Loss of enjoyment of life. A victim of a truck accident is entitled to receive compensation if he or she is unable to perform physical, social and recreational activities which he or she enjoyed performing before sustaining injuries in the truck accident.
WHY HIRE KAIRE & HEFFERNAN ?
Our qualified and experienced Miami truck accident attorneys possess in depth knowledge and experience to assist a victim and his family to navigate through complex accident laws. Our team relentlessly fights to secure maximum compensation through verdicts and settlements for victims of truck accidents in Miami and all across Florida.
Accident cases involve complex and intricate legal concepts. If you hire our Miami truck accident lawyers, you can expect the following:-
1. THOROUGH INVESTIGATION OF THE ACCIDENT.
Our truck accident lawyers compile and analyze evidence such as:
- Accident scene evidence.
- Eyewitness statements.
- Damage to all vehicles involved.
- Cellphone records.
- Driver’s toxicology test results.
- Police accident reports.
- Driver’s criminal and traffic background.
- The trucking company’s history of violating safety rules.
- Logbook and other company records.
- Electronic data recorder “Black Box” data.
2. CONSULT EXPERTS FROM VARIOUS FIELDS. Thanks to our vast experience in auto accident cases, we have built a network of experts which includes:
- Accident reconstruction experts.
- Rules compliance/ safety experts.
- Driver training (trucking school) experts.
- Mechanics and Engineers.
- Experts from various areas of medicine.
- Life care planners.
- Toxicology experts.
3. PROTECTING AND PRESERVING EVIDENCE. Our Miami truck accident lawyers seek Court Orders to force trucking companies to provide and preserve any evidence that is important in the case. Our team of experienced truck accident lawyers collect, review and document medical records of victims which are essential in determining adequate compensation that he or she is entitled to.
4. SEEK A TIMELY SETTLEMENT. Our team of Miami truck accident lawyers know how to effectively deal with Attorneys and Insurers of the Defendant who try to deny the plaintiff’s claim or reduce the claim value significantly. Our Florida truck accident lawyers present a strong and solid case to insurance companies and demand full and adequate compensation for our clients.
5. TAKE YOUR CASE TO COURT.
If the need arises, our team of truck accident lawyers in Miami are prepared to take the case to court for trial.
CONTACT A MIAMI TRUCK ACCIDENT LAWYER.
If you or your loved one has been injured due to the carelessness or negligence of a truck driver, you deserve to be duly compensated for the injuries suffered and other damages. Call an experienced truck Accident lawyer at our firm for a free case evaluation right away.
Mark Kaire has been practicing law in Miami for nearly 30 years. He is dedicated to helping the injured people of Miami receive compensation. Mr. Kaire has been blogging on Miami’s legal issues for many years.