Miami Florida truck accident attorneys build legal arguments to support accident victim’s injury damages.
Collisions between 18 wheelers (big trucks and rigs) and passenger vehicles are widespread in America. In 2017, 4,657 fatal crashes involving large trucks occurred in the United States, yielding high levels of damage to property, physical injuries and fatalities. It is difficult to pinpoint causes for many truck accidents, although one government study revealed that driver fatigue played a key role in 31% of the cases where the driver died and was a factor in approximately 13% of large truck accidents annually in the United States. Operating an oversized vehicle while fatigued is a deadly risk to all travelers and the reason that the federal laws outline “hours of service” for truck drivers. When truck accidents occur in Miami and personal injury results, a Florida truck accident attorney can help.
Commercial driver license (CDL) and records.
Because of the difficult maneuverability and specialized mechanisms in big rigs and tankers, proper training must be undertaken to receive a CDL Commercial driver records reveal individual driving patterns through ticketed repeat offenses including speeding, or improper maintenance of vehicles. These are red flags to commercial driver regulators and should be monitored. In the United States there was a 9% increase in fatalities caused by truck accidents in 2017, and 72% of those people were occupants of other vehicles.
Tanker trucks may be more dangerous than regular large trailer carriers because of the weight distribution and the type of substance they are carrying, such as flammable liquids, pressurized gases, or highly toxic chemicals that are difficult to clean up after an accident. Individuals should contact a Miami truck accident attorney to discuss legal options after an accident involving a big rig, or tanker.
Truck driver actions.
- Controlling surges – liquid surges can cause trailers to roll over when braking even though some tanks have baffles that control forward and backward surges, they do not control side to side movement. Consistent brake pressure can assist in surge control.
- Maintaining long stopping distances – a simple measure that will allow more reaction time, and decrease the likelihood of an impact.
- Drive smoothly to keep liquid from moving around too much and upsetting truck balance.
- Avoid skidding by driving with control, and moving slower in bad weather situations.
- Observe speed limits to ensure safe driving for the type of roadway navigated. This will also allow more reaction time to other vehicles, or road and weather situations.
Federal CMV Restrictions.
Commercial motor operators that drive big trucks have restrictions for trucks carrying property cargo limited to maximum hours driven; minimum hours off duty; and required rest after 60/70 hour driving limit meaning a driver may not drive after 60/70 hours on duty in 7/8 consecutive days. A driver may restart a 7/8 consecutive day period after taking 34 or more consecutive hours off duty. Commercial motor vehicle drivers that are carrying people have more stringent restrictions. The United States Department of Transportation, 49 C.F.R. part 387, subpart A, assures insurance coverage in an amount equivalent to the minimum levels of financial responsibility set forth in those regulations.
Compensation may be requested to cover both economic and non-economic losses, such as lost wages, medical bills, legal fees, property replacement and pain and suffering. In some cases, additional punitive damages may be awarded.
Expenses that include costs of medical bills and lost wages from work are simply calculated in a claim for damages. Compensation estimates for pain, scarring, emotional harm, or short and long term psychological and physical limitations are not as easy to calculate and a sum must be decided upon by a Miami truck accident lawyer, insurance companies and juries who must consider what is a fair and reasonable amount of money based on a compilation of evidence provided to the court.
Miami Florida truck accident lawyers are skilled at identifying additional parties to an accident claim, separate from the truck driver, including trucking companies, mechanics, or manufacturers of a truck and/or parts, and understand the trucking industry and relevant regulatory laws. They can determine the best legal approach to individual cases such as mediation, arbitration or going to trial, while staving off unnecessary pressure from insurance companies who want to swiftly close out a claim. A Miami truck accident attorney is aware of state-specific filing timelines for personal injury litigation to address a victim’s often catastrophic loss, or long term personal injury.
If you or someone you know has suffered an injury as a result of a Truck Accident, contact a Miami Florida Semi Truck Accident Lawyer at USAttorneys.com at 1-800-672-3103. The experienced Miami semi–truck accident attorneys at USAttorneys.com have made it their top priority to represent victims who have been injured in a major crash with a semi–truck across America.
Negligence will need to be proven in order to receive an award that covers losses and harms caused by a truck accident. Skilled legal counsel will have to show:
- An owed duty of care.
- a breach of duty.
- causal connection resulting in the harm.
- proximate cause.
- measurable damages.
Building a case.
Miami truck attorneys will utilize different types of evidence to prove negligence including:
Visual evidence: scene and injury photographs.
Witness testimony: People at the scene, including passengers have valuable testimony.
Police reports: Police at the scene will be taking notes and can supply objective reports.
Medical bills: Settlements are largely contingent on the extent of injuries and necessary medical treatments.
Trucking company admissions of fault directly after the accident or sometime later.
Safety reports on vehicles involved in the accident completed before and after the accident.
Blood alcohol tests of other drivers, or hospital blood tests that reveal intoxication.
Cell phone records could reveal texting, or using phone at the time of the accident.
Damages include those that address financial loss including lost wages, medical bills, and damage to property (compensatory) and those that seek punishment for the offenses causing the accident (punitive). Compensation will be based upon a review of injuries, property damage, pain and suffering and wrongful death claims.
Hire legal counsel.
Tractor trailer truck accidents involve multiple complex factors that require specific knowledge of the commercial trucking industry, extensive experience of civil laws, and sophisticated investigative capabilities to collect evidence and analyze it to support a negligence claim by a skilled Miami truck accident attorney.