In Miami Dade County Florida there were 65,986 total motor vehicle crashes in 2017 with 285 fatalities and injuries to 32,389 persons. Trucks accounted for 58 of those fatalities including drivers and passengers. Trucks accidents result in higher property loss and severe injuries that increase the need for larger settlements to compensate victims for those losses.
Determination of fault.
When a truck driver is found to be at fault for an accident, a legal claim can be lodged for more serious personal injuries and losses such as those that cause permanent damage, scarring, incapacitation through physical or mental injury, bodily deformity and loss of life or limb with compensation based on the “pure comparative negligence rule” adjusting compensation to assigned percentages of fault. While insurance will cover some of the damages, a legal claim may be an avenue to receive compensation for the damages that it does not cover.
Claims of Negligence.
Truck accidents often stem from the negligence of drivers, and other factors affecting driving patterns on Miami’s busy causeways and interstates. Negligence is a “cause of action when it is shown that a person’s conduct falls below the standard established by law for the protection of others against unreasonable risk of harm” according The Restatement (Second) of Torts. When a person’s actions, or omission to act, violate negligence standards, the law requires the violating person to compensate the injured parties.
Elements of Negligence.
- An owed duty of care between parties;
- a breach of duty;
- causal connection between the defendant’s conduct resulting in the harm;
- proximate cause;
- measurable damages due to defendant’s conduct.
Ample awards for damages in winning cases may be based on:
- Visual evidence: photographs taken at the scene and pictures of injuries.
- Witness testimony: If there were any people at the scene, including passengers, their testimony can be valuable.
- Police reports: When police arrive at the scene or when you file a police report, officers will be taking notes. They have an objective perspective and will document the events of the accident more precisely than the drivers after a collision. Their version of events could help your case.
- Medical bills: The amount of your settlement is largely contingent on the extent of your injuries. If you were severely injured, go to the doctor and keep records of the treatment, tests, prescriptions, and bills you receive.
Legal professionals, actuaries, law enforcement personnel and estate managers can be helpful with collecting and analyzing data related to the truck accident based on the impact to a quality of life the victim had before the accident, and any negative changes after the accident. A financial award will be based on the determination of fault after a review of police reports, witness reports, car damages, roadway marks and other factors present at the time of the accident, and the financial and physical needs of the victim and their family. The reason Florida Motorist Compliance mandates that all owned and registered motor vehicles are insured is to ensure accident victims can be compensated for their injuries and damages.
Seek legal counsel.
After an accident that changes the course of your life, you need effective legal counsel with truck accident experience. Call the Law Offices of Orlando R. Murillo for a consultation to see if you have a claim for damages.
Orlando R Murillo P.A.
7350 SW 89th Street, Toscano Building
Miami, Florida 33156