Miami Truck Accident Lawyer

Free Case Review

Immediate Assistance Available: Miami Truck Accident Lawyer – Advocating for You Post-Accident 754-799-7321 ~Hablamos Español~

In the aftermath of an accident in Miami, turn to the experienced attorneys at Klotzman Law Firm. Our dedicated team specializes in representing victims of truck accidents, striving to secure justice and rightful compensation for your suffering.

  • Your Trusted Miami Truck Accident Lawyer
  • We’ve successfully secured millions in compensation for victims of truck accidents.
  • Available 24/7 | No-Cost Consultations | No Fees Unless We Win

Our Miami truck accident lawyers are committed to guiding you through the complexities of legal claims following an accident, ensuring you receive the compensation you’re entitled to.

Contact us today at 754-799-7321 for a free consultation with a leading truck accident attorney in Miami. We’re here to help you on your journey to recovery and justice.

Table of Contents
Graphic detailing the legal process in South Florida for recovering compensation for medical bills following a truck crash, emphasizing the role of an experienced truck wreck attorney.

What Should You Do After a Truck Accident? 

What you do following truck accidents can have a lasting impact on your health as well as your legal outcomes. To help you avoid overlooking important steps, the following is a checklist of things to do after being involved in a truck accident.

1. Call 911:

Involving the police at the accident scene is crucial. They’ll manage the scene and gather statements from those involved, including the truck driver. Police documentation is key in assessing fault and details of the truck crash.

2. Exchange Information:

Obtain contact details of all involved, especially the truck driver, their employer, and witnesses. Use your phone to record names, addresses, phone numbers, license plates, and insurance information.

3. Document the Accident Scene:

Capture images and videos of the accident site. Focus on vehicle positions, road conditions, skid marks, road signs, injuries, and vehicle damage. These visuals are vital for insurance claims and any truck accident case.

4. Seek Medical Attention:

Regardless of injury severity, consult a medical professional immediately. Even minor symptoms can indicate more serious conditions like brain damage. Prompt medical evaluation is crucial for your health and strengthening your accident case.

Contact a Miami Truck Accident Attorney 

This is a critical step, as it will influence the outcome of your claim. At Klotzman Law Firm, our Miami truck accident lawyers offer free consultations to truck accident victims in Miami, FL. We charge no upfront fees unless we obtain compensation on your behalf. Call us as soon as possible after the accident for a free case review.

How Can a Truck Accident Lawyer Help? 

If you or a loved one suffered severe injuries in an accident, you ideally want to work with an advocate who can protect your rights, serve your best interests, and fight for fair compensation.

Keep in mind that the trucking company already has a team of lawyers working for them, and you too should have a team of experienced lawyers in your corner.

The following are some of the ways truck accident attorneys can help:

Case Investigation 

Your lawyer will assess the documentation and paperwork, including medical records, police reports, statements, and any other available evidence. If there are witnesses in your case, your lawyer will interview them. They will also be aware of the different places they can look for evidence to build a strong case on your behalf.

Filing the Claim 

When it comes to filing a truck accident claim, you need to file a lot of paperwork accurately and on time. If you don’t file the claim correctly and in time, it may compromise your chances of recovering the compensation you need and deserve. Working with a truck accident attorney will ensure that the claim and all the necessary paperwork are filed in time.

Settlement Negotiations 

Our Miami, Florida accident lawyers are experts at negotiating with insurance companies to obtain a suitable settlement on your behalf. They will start by building a compelling case to prove why you deserve the full compensation amount.

Litigation 

In case the insurance company or the defendant is unwilling to reach a fair settlement, our team will not hesitate to take your case to court. Our personal injury lawyers have decades of experience litigating truck accident cases and have secured lots of legal victories for our clients.

It’s also worth noting that when you choose to work with us, you don’t have to worry about paying legal fees upfront. At Klotzman Law Firm, our team works on a contingency fee basis, meaning that we’ll only charge you once we win a settlement on your behalf. We are dedicated to helping you make a full recovery so that you can get back on your feet.

Illustration of a personal injury case involving a trucking company in Miami, showcasing how an experienced truck accident attorney aids clients in recovering compensation for medical bills and other damages. Miami truck accident lawyer

Compensation Types for Truck Accident Victims in Florida

Victims of truck accidents in Florida may be entitled to various forms of compensation, particularly when injuries and property damage to motor vehicle are involved. Your Miami, Florida truck accident lawyer can help you understand and pursue these:

  1. Economic Damages: These cover quantifiable losses like medical expenses, property damage, lost earnings, and diminished earning capacity due to the truck collisions. Documented evidence, such as medical records and vehicle damage reports, help in calculating these damages.
  2. Non-Economic Damages: This category includes intangible losses incurred in the truck crash, like pain and suffering, emotional distress, anxiety, depression, physical impairment, mental anguish, disfigurement, and loss of life enjoyment. These damages, though harder to quantify, often constitute a significant portion of an accident claim.
  3. Punitive Damages: In cases where the truck driver’s or trucking company’s conduct is deemed extremely reckless or egregious, courts may award punitive damages. While not common, these are designed to punish the responsible party and deter similar negligence in the future.

How Much Will My Truck Accident Claim Be Worth?

The amount your case is worth largely depends on the specific circumstances surrounding your case.

Still, your lawyer can help you figure out a rough estimate based on key factors of your case. This includes:

  • Your age
  • Your occupation
  • Your physical restrictions
  • Whether you’re the breadwinner of your household
  • The nature and extent of your injuries and the recommended treatment
  • Your mental wellbeing
  • Whether you have a temporary or permanent disability
  • Your number of dependents

Our team can help you calculate an accurate estimate of your claim’s worth and work to ensure that you receive ample compensation that should cover all of your damages.

Is There a Deadline for Filing a Claim?

Under Florida law, victims of truck accidents must file their accident claim within four years from the accident date. This period, known as the statute of limitations, is crucial; missing it can lead to case dismissal.

Exceptions exist, notably for minors or incapacitated individuals at the accident time, who have an extended period of seven years to file.

Determining Fault in Truck Accidents

Fault in truck accidents often hinges on proving negligence against truck drivers or trucking companies. Truck drivers are subject to stringent federal and state regulations to minimize truck accidents. If a truck driver’s behavior causes an accident, they may be liable for damages.

To establish this liability, four elements must be proven:

  1. Duty of Care: Truck drivers must adhere to trucking regulations and exercise caution to prevent collisions.
  2. Breach of Duty of Care: Any action by the truck driver that risks others’ safety, like violating traffic laws or overdriving hours, breaches this duty.
  3. Causation: The truck driver’s actions directly led to the accident and the resulting truck accident injuries.
  4. Damages: The accident caused compensable damages under Florida law.

Florida’s pure comparative negligence approach allows accident victims to seek damages regardless of their fault percentage in commercial truck accidents. However, compensation is adjusted based on each party’s fault in the accident. For instance, if awarded $100,000 and found 15% at fault, a truck accident victim would receive $85,000.

Proving Truck Driver Negligence

A skilled truck accident attorney in Miami can demonstrate a truck driver’s negligence using various types of evidence, including witness statements, police reports, and surveillance footage.

Expert opinions, like accident reconstructionists, further strengthen the case, particularly in instances like drowsy driving or violations of FMCSA laws.

Lawyers often scrutinize truck driver actions, such as phone usage while driving, to establish negligence.

Key areas of investigation include:

  • Adherence to state and federal trucking regulations by the truck driver and their employer.
  • Maintenance status of the truck before the accident.
  • Validity of the driver’s credentials.
  • Any defective parts or manufacturing issues contributing to the crash.
  • Compliance with local traffic laws.
  • Consistency of accident scene reconstruction with the evidence.

Liability in Truck Accident Claims

Truck accident cases often involve multiple potentially liable parties, unlike typical auto accidents. These include:

  • Truck Drivers: Truck drivers might be liable for accidents caused by intoxication, drowsiness, distraction, or traffic law violations. However, they usually don’t bear full responsibility for the crash.
  • Trucking Companies: They share liability, especially if the driver is their employee. Liability complexities arise if the driver is an independent contractor.
  • Truck Owners: Responsible for maintaining the truck, they might be liable for accidents due to maintenance neglect, like failing to service brake lines.
  • Cargo Companies: If the cargo was overloaded or improperly secured, the cargo company could be liable for the accident.
  • Vehicle or Parts Manufacturers: They can be held accountable for accidents caused by defective parts, such as faulty brakes or mechanical failures.
Image of a Miami accident scene, highlighting the need for an experienced accident attorney to assist with personal injury claims against trucking companies in South Florida.

Talk to a Miami Truck Accident Attorney Today

If you or a loved one is recuperating from serious injuries following a truck accident, reach out to us today. We will thoroughly investigate the accident, injuries, and damages, and work to fight for the compensation you need and deserve.

Call at 754-799-7321 to schedule a free, no-obligation consultation with an experienced Miami truck accident lawyer. We have been helping people just like you all around Florida for decades, and we take pride in helping people seek justice.

Related Articles