Trucks are prone to suddenly overturning due to factors such as poor road conditions, inclement weather, driver error, or malfunctioning vehicle parts. When this happens it may still be possible to file a lawsuit depending on the exact cause of the accident and other factors.
A driver was hurt on a Monday morning when his dump truck overturned on Krome Ave in Miami-Dade County.
Fire department finds dump truck turned over in single vehicle crash
Fire Rescue crews for the county responded to the area just after 9:30 am to find the truck on its side. The driver was still trapped inside the cab of the vehicle, and firefighters forcefully extracted him at the intersection of Krome Ave and North Kendall Drive. He was airlifted to the nearby Kendall Regional Medical Center with injuries of unknown severity. Strangely, the victim also had a kitten in the truck with him which survived and was held by the fire department until family members came to claim it. The scene of the accident was located in an unincorporated part of Miami-Dade County.
What caused the crash?
While no exact cause was identified in the story above, in a single vehicle accident such as this there are a few different possibilities related to finding the cause of the accident.
One possibility may be simple driver error. If the driver made a mistake while they were driving a heavy vehicle such as a dump truck and it was the immediate cause of the accident, it can be difficult to file a lawsuit against anyone else, and they may need to make an insurance claim if possible.
Liability for defective parts and maintenance
Another possibility is related to problems with the truck itself such as faulty parts or improper maintenance. The manufacturer of the truck or parts can be attached in a lawsuit, as can someone who worked on the truck recently and overlooked important safety issues. Ultimately, this is a factual inquiry that needs to be investigated after each individual accident to determine if the vehicle was functioning properly. If the vehicle or any parts used within it were defectively designed, it is possible to file a products liability lawsuit against the manufacturer. Many personal injury lawyers also deal with products liability cases because they are both similar aspects of tort law.
In Florida, there is also the possibility that a combination of factors which contribute to an accident can all be factored together. There is a doctrine called comparative negligence that allows fault to be divided between all people or entities involved to equal one hundred percent of the related damages. This can be especially important in accident cases where multiple drivers or other contributing factors converged to cause an accident. A plaintiff’s damages may be reduced by their level of fault in the accident, but they can still collect significant amounts.
Get help after an accident in your area
To talk to an attorney about the possibility of bringing a lawsuit in any part of Miami-Dade County, use the listings on usattorneys.com. Lawyers who specialize in trucking accidents will provide superior advice about how to proceed with a case against any party at fault for your injuries or property damage.