Miami Truck Accident Lawyer

In 2023, the state of Florida saw 35,795 accidents involving trucks more than 10,000 pounds. As the second most populous city in the Sunshine State, Miami sees its fair share of accidents due to heavy traffic on its commercial highways.

Accidents in South Florida involving semi-trucks, big rigs, tractor-trailers, and other heavy vehicles tend to leave devastating consequences in their wake. Smaller vehicles, motorcyclists, and pedestrians often cannot withstand the sheer mass and weight involved in these collisions, and tragically, severe injuries and fatalities often occur.

Even worse, many heavy truck accidents could be prevented if drivers or the companies that own these vehicles were not negligent, careless, or reckless in their actions and decisions. If you or a loved one suffered serious injuries due to a truck accident, the caring Miami attorneys at Klotzman Law Firm can help you recover compensation to cover the costs of your injuries, property, and other losses. Call our office today at 786-823-3635 to schedule a free consultation.

How Our Truck Accident Lawyer Can Help

If you or a loved one suffered severe injuries in a truck 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, so you should also have a team of experienced lawyers on your side.

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

Case Investigation

Your lawyer will assess the documentation and paperwork, including medical records, police reports, witness 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 lawyer can help your case stay on track.

Settlement Negotiations

Our Miami, Florida truck accident lawyers are experienced 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 many 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.

Why Clients Choose Klotzman Law Firm

The experienced personal injury attorneys at Klotzman Law Firm are well-regarded in the Miami regional area. With strong ties to, and active involvement in the local community, our team is fully committed to providing legal representation to the Florida communities we represent.

Suffering a personal injury due to the negligence of a truck driver, owner, trucking company, or other potentially liable party can be a tragic event. Our law firm can provide legal advice, support, and transparency. We will take on insurance companies directly and aggressively pursue compensation to help cover our clients’ losses and help them move forward.

To date, our Miami law firm has assisted thousands of accident victims in receiving compensation due to the negligence of at-fault parties.

Testimonials

“Highly recommend working with this law firm. They took care of everything in a timely manner after my accident and I am very happy with the results. 10/10” – Natalie M.

“I highly recommend Klotzman Law. The communication with me was excellent. If you are ever involved in an auto accident call them first. You will not be disappointed!! Thank you for all your help with my case.” – Alice J.

“Good communication from staff office. They are handling my car accident very well.” – Kevin K.

Why Are Truck Accident Injuries Severe?

Truck accidents tend to be much more severe than car accidents. Commercial vehicles tend to weigh in excess of 10,000 pounds (and as much as 80,000 pounds when loaded). As a comparison, the average passenger vehicle weighs about 4,000 pounds.

The size and weight of these vehicles cause a huge force upon impact during a collision. Aside from the distinctive size difference in vehicles, trucks also can take 40 percent longer to come to a stop when braking, and they also may be transporting hazardous materials.

Due to the sheer weight and mass of large commercial trucks, the risk of catastrophic injuries, including brain injuries, spinal damage, and wrongful death, is much higher.

Types of Trucks Frequently Involved in Accidents

Miami is a big metropolitan area and sees some of the most traffic congestion in the country. Motorists will typically encounter many trucks as they travel along Miami’s roadways, including but not limited to:

• Semi-trucks
• Tractor-trailers
• Delivery trucks
• Tankers
• Dump trucks
• Utility trucks
• Trash collection trucks
• Tow trucks

These types of trucks can pose unique dangers on Florida roads when factors such as weather, unbalanced loads, improperly loaded vehicles, or carrying hazardous materials are taken into account.

Common Causes of Trucking Accidents in Miami

The truck crashes occurring in Miami-Dade County and Broward County often are the direct result of the following:

• Driver fatigue and drowsiness
• Distracted driving (e.g. texting or using the radio)
• Intoxication and/or substance abuse
• Severely overworked drivers
• Speeding
• Driver negligence
• Unsafe trucking practices

Mechanical defects, equipment malfunctions, and violations of trucking industry violations of federal regulations can also lead to negligence and cause an accident.

Common Truck Accident Injuries

Truck accident victims often suffer severe injuries and fatalities. The following are common injuries stemming from negligent at-fault parties related to truck drivers or the trucking industry.

• Traumatic brain injuries: TBIs are often life-altering and can negatively affect a person’s physical mobility, cognitive abilities, and behavioral stability.
• Back and neck injuries: Whiplash, ruptured discs, broken bones, and other injuries to the neck or back can lead to limited mobility, severe pain, and other complications.
• Spinal cord damage: Injuries to the spinal cord can lead to partial or full paralysis.
• Broken bones: Massive impact often leads to broken bones; some will heal cleanly, but others may require extensive rehabilitation or corrective surgery.
• Internal organ trauma: Blunt trauma with massive force can lead to internal bleeding and damage to internal organs, such as the bladder, kidneys, liver, spleen, and pancreas.
• Wrongful death: Truck accidents are significantly more likely to result in a fatality.

Other types of common truck accident injuries include burns, deep cuts and lacerations, nerve damage, or amputations.

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 truck accident case.

5. Contact a Miami Truck Accident Lawyer

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. 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.

Determining Fault in Miami 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.

Under the new modified comparative negligence system in Florida, individuals will be barred from compensation recovery if they are more than 50 percent responsible for causing their own injuries.

Proving Truck Driver Negligence

An experienced 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: They 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.

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 vehicles are involved. Your 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 accident. Documented evidence, such as medical records and vehicle damage reports, helps calculate 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. Though harder to quantify, these damages 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

Is There a Deadline for Filing a Claim?

Under Florida law, victims of truck accidents must file their accident claim within two 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.

What if a Loved One Died in a Truck Crash in Miami?

Losing a loved one in a truck accident is devastating, especially knowing the death could have been prevented if the at-fault party had not acted with negligence or made negligent decisions. Eligible family members who may be able to file a wrongful death claim include spouses, children, parents, blood relatives, or adoptive siblings who relied on the deceased for support or services.

If you have lost a family member in a truck-related accident, a Miami personal injury attorney who has experience in truck collisions can help you recover compensation for funeral costs, costs of pre-death medical bills, lost financial support, loss of consortium and companionship, and emotional suffering.

Do I Need a Truck Accident Lawyer to File a Claim?

Truck accidents tend to become complex. One or more parties may have contributed to negligence, making it difficult to a) identify the correct at-fault parties and b) navigate the intricacies of insurance law.

Commercial entities and insurance companies will have attorneys advocating for them to reduce their liability or eliminate it completely. Having your own lawyer at your side will prove beneficial when it comes to dealing with insurance companies, trucking companies, and other complexities.

How Much Does It Cost to Hire a Truck Accident Attorney?

There is no one-size-fits-all answer to how much a truck injury lawyer costs. Personal injury attorneys typically do not charge fees by the hour. Instead, they operate on a contingency fee basis.

• You do not pay any upfront fees
• You only owe legal fees if your attorney wins your case
• Your attorney will keep a percentage of the compensation won (usually 33.3% – 40%)

The percentage will depend on several factors, including whether or not the case goes to trial, how many defendants are involved, and other complexities.

Klotzman Law Firm offers a free case review and will go over the details and assess the merits of any potential claim of your case.

Talk to a Miami Truck Accident Lawyer Today

If you or a loved one is recuperating from serious injuries following a truck accident, reach out to the Miami personal injury lawyers at Klotzman Law Firm today. We will thoroughly investigate the motor vehicle accident, injuries, and other damages. Our legal team will work to fight for the compensation you deserve.

Call us at 786-823-3635 or visit our online contact form to schedule a no-obligation, free case evaluation 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 assisting them seek justice.