If you’ve been involved in a truck accident in Miami, you deserve fair compensation for your losses. At Labovick Law Group, our experienced truck accident lawyers can help you get the justice you are entitled to. We will handle the legal aspects of your case, so you can focus on your recovery.
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Truck accidents are often catastrophic and can cause severe injuries due to the sheer size and weight of these vehicles. In Miami, truck accidents are unfortunately not uncommon, and victims can suffer from a range of injuries:
The trucking industry plays a vital role in the economy of Miami, transporting goods and materials throughout the city and beyond. However, to ensure safety on the roads, the industry is heavily regulated by federal and state laws.
The Federal Motor Carrier Safety Administration (FMCSA) is the primary regulatory agency that oversees the trucking industry at the federal level. The FMCSA establishes rules and regulations that govern the operation of commercial motor vehicles, including trucks. These regulations cover a wide range of areas, including driver qualifications, hours of service, vehicle maintenance, and safety inspections.
In addition to federal regulations, the state of Florida has its own set of laws that apply specifically to the trucking industry. For example, Florida requires all commercial vehicles to carry a minimum amount of liability insurance coverage, and the state has specific weight and size limits for trucks traveling on its highways.
One of the most significant federal regulations that applies to the trucking industry is the Hours of Service (HOS) rule. The HOS rule sets limits on the number of hours that a commercial driver can operate a vehicle without taking a break. The purpose of this regulation is to prevent driver fatigue, which can lead to accidents. Under the HOS rule, drivers are limited to 11 hours of driving time in a 14-hour workday, and they must take a break of at least 30 minutes after driving for eight consecutive hours.
Another important regulation that applies to the trucking industry is the requirement for regular vehicle maintenance and safety inspections. Trucking companies are required to keep their vehicles in good working order and to perform regular safety inspections to identify and repair any potential safety issues.
The truck driver is typically the primary party involved in a truck accident case. They may be responsible for causing the accident due to driver error or negligence, such as driving while under the influence, distracted driving, or violating traffic laws. In some cases, the driver may be an independent contractor, while in other cases, they may be an employee of the trucking company.
They may be held responsible for the accident if they are found to have contributed to it through actions such as improper vehicle maintenance, failure to adequately train drivers, or pushing drivers to exceed their legal hours of service. The trucking company may also be held liable if the driver was an employee acting within the scope of their employment at the time of the accident.
If other drivers or passengers were involved in the accident, they may also be parties to the case. These individuals may have suffered injuries or property damage as a result of the accident and may be seeking compensation for their losses.
The trucking company and the driver may both have insurance policies that cover the costs associated with the accident. Insurance companies may be responsible for paying out damages to victims of the accident, depending on the circumstances of the case.
Negligence refers to a failure to take reasonable care that results in harm to another person. In truck accident cases, negligence may involve actions such as distracted driving, speeding, or violating traffic laws. If it can be shown that the truck driver or another party acted negligently and that their actions caused the accident, they may be held liable for any resulting injuries or property damage.
It means that a party can be held responsible for damages even if they did not act negligently. In truck accident cases, strict liability may apply if a defective part or malfunctioning equipment caused the accident.
It is a legal doctrine that holds employers responsible for the actions of their employees. In truck accident cases, if the driver was an employee of the trucking company, the company may be held liable for any damages caused by the driver’s actions. This doctrine applies if the driver was acting within the scope of their employment at the time of the accident.
It is a legal standard used to determine fault in cases where multiple parties may be responsible for an accident. Under comparative negligence, each party’s level of fault is determined, and damages are awarded based on each party’s degree of fault. In truck accident cases, this may apply if both the truck driver and another driver were partially responsible for the accident.
Victims may be able to recover the costs of medical treatment, including hospital stays, surgeries, doctor visits, and medication. Additionally, victims may be able to recover compensation for future medical expenses if they require ongoing medical treatment as a result of the accident.
If the victim is unable to work due to their injuries, they may be able to recover the wages they would have earned if they had not been injured. This can include compensation for past and future lost wages.
It refers to the physical and emotional pain that a victim may experience as a result of the accident. Victims may be able to recover compensation for pain and suffering, which can include compensation for physical pain, emotional distress, and loss of enjoyment of life.
It includes the costs of repairing or replacing their damaged property, such as their vehicle or personal belongings.
In cases where a victim dies as a result of a truck accident, their family may be able to recover compensation through a wrongful death claim. This can include compensation for funeral and burial expenses.
In some cases, victims may be able to recover punitive damages. Punitive damages are designed to punish the at-fault party for their actions and deter them from engaging in similar behavior in the future. These damages are typically awarded in cases where the at-fault party acted recklessly or intentionally.
A Miami truck accident lawyer can provide you with legal guidance and representation throughout the claims process:
If you’ve been injured in a truck accident in Miami, you need an attorney who will fight for your rights and help you get the compensation you deserve. At Labovick Law Group, we know how devastating a truck accident can be. That’s why we are dedicated to providing compassionate and skilled legal representation to our clients.
Our experienced team of attorneys has a proven track record of success in handling truck accident cases, and we are committed to helping you navigate the claims process. We will work tirelessly to investigate your case, gather evidence, and build a strong case on your behalf.
You can trust that we will negotiate with insurance companies and other parties to get you the best possible outcome for your losses.
Contact us today to schedule a free consultation and learn how we can help you get justice.
Most truck accident attorneys in Miami work on a contingency fee basis, which means that they only get paid if you receive compensation for your losses. The fee is usually a percentage of your settlement or verdict. At Labovick Law Group, we offer free consultations and work on a contingency fee basis, so you don’t have to worry about upfront costs.
Truck accidents are often more complex than other types of accidents due to the size and weight of the truck, as well as the regulations governing the trucking industry. These accidents can cause catastrophic injuries and extensive property damage, which is why it is crucial to work with an experienced truck accident attorney who understands the unique challenges of these cases.
In Florida, the statute of limitations for filing a personal injury lawsuit, including truck accident cases, is four years from the date of the accident.
If the truck driver was an independent contractor, you may still be able to hold the trucking company liable for the accident under the legal theory of “vicarious liability”. This means that the company may be held responsible for the actions of its contractors in certain situations.
