Truck Accident Claims Differ from Other Cases

Almost half a million truck accidents happen in the United States every year, including small passenger trucks and large commercial trucks. One out of eight truck accident victims will die as a result of their injuries. Truck collisions are not at all like a car accident or any other type of motor vehicle accident. Recovering damages for a truck crash can be a daunting task.

The best way to recover compensation for your injuries, lost wages, vehicle damage, pain and suffering is to hire an experienced Miami Truck Accident Lawyer. The attorneys have knowledge and experience in personal injury law generally, and understand the complexities of truck accidents specifically.

Moreover, our attorneys have driven the roads themselves. They have experienced the traffic congestion, and have a first-hand understanding of how accidents can occur seemingly out of nowhere. They are familiar with all of the emotional, physical, and financial issues that result from an accident.

When a tragedy like a truck accident happens in your life, they are there and ready to assist you. For a better understanding of your legal options and how you might win compensation for your damages, you can contact us and discuss your concerns during a no obligation consultation.

According to The Florida Department of Highway Safety and Motor Vehicles, there are some eye opening statistics related to truck accidents. For example, in 2019, there were over 33,000 collisions involving trucks weighing more than 10,000 lbs throughout the state of Florida. Many of these resulted in injury or death.

Common Causes of Truck Collisions:

  • Speeding and/or passing another vehicle
  • Distracted/negligent driving
  • Driver fatigue
  • Improper cargo loading
  • Driving under the influence of alcohol and drugs
  • Poor training and vehicle maintenance


Who Can Be Liable For a Truck Accident?

Identifying who is liable for damages caused by an accident is a critical matter and can be far more complicated than one might think. Knowledgeable Miami Truck Accident Lawyers understand how to determine and assign fault among potential defendants so that their client can get the maximum amount of compensation that they are entitled to for their injuries and other damages.

To be successful, you may have to prove that the truck driver or some other person/authority was negligent. Truck drivers are not always the primary focus of a personal injury lawsuit. Trucking companies are often held liable for the accident as they have a duty to ensure that employees are properly trained and drive carefully.

Some trucking companies refuse to pay compensation, arguing that the employee was an independent contractor. In this case, you will need a Miami Injury Attorney who knows how to defeat this argument and get you the compensation you deserve for losses and expenses related to the accident.

For example, one way to defeat the independent contractor argument is by demonstrating that the truck company pays the driver’s employment taxes, like Medicare, federal unemployment taxes, or Social Security. If so, the truck driver is probably considered an employee for the purpose of establishing liability. The settlement amount will depend on many factors.

Trucks are much heavier than cars. For this reason, truck collisions cause more destruction than passenger car accidents. Many victims face severe head injury and other types of life changing injuries. Truck accidents are more likely to cause death or disability to those involved in the accident.

A semi-truck or a “big rig” tractor trailer can weigh as much as 30,000 pounds. You can only imagine the extent of damage a truck that size might cause to a victim and the accident surroundings.


How Can a Miami Truck Accident Lawyer Help You?

The aftermath of a truck accident can be much more devastating than other road accidents. They may occur because of driver error, manufacturer error, or some negligent act or omission by the trucking company. Several parties can be held liable for the same accident.

Determining what share of liability each should be accorded is complicated. An experienced lawyer will help determine which party or parties should be held responsible for your injuries. Here are some of the ways a lawyer can help you:

  1. Conduct an in-depth investigation – Lawyers will conduct an in-depth analysis of your case and gather evidence against the negligent party. They will assist you to make your case stronger.
  2. Knowledge of laws, regulations, and court procedure – Lawyers are specially trained to decipher complex rules and regulations that are often not written in straight forward, easily understood terms. They will also ensure that all forms and applications are completed timely and accurately.
  3. Guidance throughout the process – The insurance agencies will try to settle your claim for less than you deserve. Attorneys will guide you through every step of the process and represent you in negotiations with insurance companies. If the insurance company fails to offer a fair settlement, attorneys can assist you with taking additional legal action.
  4. Handle communications – Lawyers will communicate with the insurance companies and opposing party attorneys  on your behalf. You will not have to worry about communicating and dealing with adversarial parties without your lawyer’s assistance.

Lawyers can help you obtain the maximum monetary compensation you deserve for your damages. The settlement amount depends on various factors. Here are a few examples:

  • Medical expenses – As we have already discussed, severe injuries can occur in a truck or auto accident in Miami, resulting in the victim having to undergo a lot of treatment. This can go on longer than initial expectations. The higher the medical bills, the greater the settlement should be.
  • Property damage/vehicle damage – A large 18-wheeler can cause catastrophic damage to anything in its collision path. The cost of vehicle repair and other property damages can be huge. The cost of repairs must be evaluated properly before the amount of settlement can be determined.
  • Lost income – The victim may not be able to work for a period of time due to related injuries. A Miami truck accident attorney will calculate the amount of lost income caused by the accident and include it in the settlement amount.
  • Pain and suffering- This is also known as “non-economic” damages. Understanding the extent of emotional distress, psychological issues, pain, and suffering is not something that the average person has experience in. An experienced attorney will understand how to assess non-economic damages based on legal precedent and other factors.

Legal Representation is Important

For us, your monetary settlement is highly important. It is about getting back an essential piece of your life, getting the justice you so rightly deserve, and avoiding financial hardship. At Berke Law Firm, P.A., our goal is to put your life back in a safe, economically secure position so that you can focus on healing from your injuries and enjoying life.

We have specialized Miami Truck Accident Lawyers who are ready to fight for truck accident victims and their family members.