Getting into a motor vehicle collision is always frightening and serious, but crashes with commercial vehicles can be some of the most severe. Trucks cause a disproportionate number of highway fatalities every year.
If you suffered injuries in an accident involving a truck, or if a loved one was fatally injured, you can likely sue the trucking company for your damages and losses. Consult a Miami Gardens truck accident lawyer to discuss your legal options. A Miami Gardens personal injury attorney like David Fuchs can assess your case, answer questions, help you collect evidence, and make sure you file your claim on time.
Causes of Truck Accidents
Trucks crash for many reasons, but negligence is often a factor. For example, the Insurance Institute for Highway Safety recently analyzed data from the U.S. Department of Transportation and found that driver fatigue resulting from truckers ignoring hours-of-service regulations was one of the most frequent causes of collisions.
In addition to driver fatigue, other common causes of truck accidents include:
- Driving too fast
- Failing to check blind spots before changing lanes or turning
- Distractions behind the wheel
- Overweight vehicles
- Shifting cargo, causing rollovers or jackknifes
- Mechanical failure
- Truck drivers operating their vehicles under the influence of alcohol or drugs
If a plaintiff hopes to collect compensation after being hurt due to this kind of negligence, they need to assemble evidence and submit a claim that demonstrates exactly how a trucker or commercial vehicle company caused a crash. A Miami Gardens attorney can compile evidence establishing truck driver negligence, such as police reports, witness statements, trucker cell phone records, driver’s logs, video records, and other information that could transparently demonstrate the cause of a crash.
Who Might be Liable for a Truck Crash?
Determining liability after an eighteen-wheeler collision can look different than it does in car crash cases. First, trucking companies are usually liable for the negligent acts that their employees commit while doing their jobs, so an injured person could sue the commercial vehicle company if it employed the negligent trucker. However, many drivers are independent contractors who lease their rigs. A trucking company could be liable for the negligent acts of its independent contractor, but this can become more complicated. Thankfully, a Miami Gardens attorney can investigate the relationship between the driver and the trucking company to hold right party accountable for an accident.
Depending on the circumstances, other parties might also bear some responsibility for an injured person’s damages. For instance, if a truck was overweight or its load was not secured properly, the organization or people that loaded the trailer might need to face some responsibility for their actions. Meanwhile, if mechanical failure was a factor, the commercial vehicle manufacturer could face liability. Similarly, if a driver’s poor training led to a truck accident, the academy in charge of teaching this driver might be partially to blame.
Finally, there are some cases where a state or local government might be responsible for a truck crash. For instance, if poor road maintenance led to a collision, a local body might face liability. A plaintiff can usually pursue compensation from these parties, but Florida Statutes §768.28 limits the damages they could collect from a government defendant to $200,000. A skilled lawyer like David Fuchs can help determine if targeting a local government is an option. Targeting the right party allows for the highest possible compensation and the most successful case.
Take Your Claim to a Miami Gardens Truck Accident Attorney
Truck accidents often cause significant injuries that require an extended recovery window. Additionally, pursuing financial compensation after a crash with a commercial vehicle can be a challenge, especially when multiple defendants or parties become involved. You should not have to worry about these issues while you are focused on regaining your health, so take your case to David Fuchs instead.
A Miami Gardens truck accident lawyer can gather the evidence you need to hold a defendant liable for your losses and secure an appropriate settlement on your behalf. Contact us today to get started on your case.