We Fight for People Injured Due to the Negligence of Truck Drivers and Trucking Companies
With thousands of trucks passing through Homestead and Miami-Dade County each day, accidents are inevitable. In 2021 alone there were nearly 8,000 accidents involving commercial motor vehicles in Miami-Dade, according to Florida Highway Safety and Motor Vehicles (FHSMV).
Truck accidents may be less frequent than car crashes. But the truck accidents that do occur often result in more fatal and serious injuries to innocent persons. You do not need to be an expert in truck accidents to understand that when an 80,000-pound semi-truck overturns or hits a passenger vehicle, everyone else on the road is placed in immediate risk.
Truck accidents are often the result of negligence on the part of the driver, the trucking company, or other parties responsible for loading and maintaining the vehicle. If you have been injured, or lost a family member, due to such negligence, you have a legal right to demand compensation. Our experienced Homestead truck accident lawyers can help. At Dolan Dobrinsky Rosenblum Bluestein, LLP, we can investigate the circumstances and factors that led to your truck accident, represent you in dealing with insurance companies, and if necessary file a lawsuit on your behalf against the responsible individuals and companies.
What Are the Common Factors in Homestead, Florida, Truck Accidents?
Most truck accidents are preventable. While the truck driver is not always responsible for causing a crash, it is the most common factor in such accidents. There can be many reasons for this. Some of the more common examples of driver negligence leading to a truck accident include:
- Fatigue. All commercial truck drivers have one overriding mission: To transport their cargo from Point A to Point B on-time. This often means driving long hours without stopping to take adequate breaks. Federal regulations actually limit how long a driver can stay behind the wheel without taking a certain amount of time off. But far too many drivers–sometimes pressured by their bosses–ignore these rules and end up too tired to safely operate their vehicle.
- Distractions. Driving long hours on the highway is often a monotonous job. So it is understandable that truck drivers would look to relieve their boredom by looking at their phone, eating or drinking, or doing something other than keeping their eyes on the road. The problem is that distracted driving is dangerous driving, especially when you are dealing with a semi-truck. Even a few seconds of diverted attention can lead to disaster.
- Speeding. A truck driver looking to make up time on a delivery may decide they need to simply travel faster, even when it violates the posted speed limit or is unsafe for current road conditions. Speeding accidents are especially common when truck drivers try to pass or overtake other vehicles on the highway.
- Drugs and alcohol. It should go without saying that driving a commercial truck while intoxicated is never acceptable. But an equally significant problem with commercial truck drivers is the impact of drug use. Even taking over-the-counter or lawfully prescribed medications can seriously impact a truck driver’s reaction time and performance, especially when mixed with fatigue and other factors.
- Lack of training. Trucking companies need to have procedures in place to ensure they hire qualified drivers. But even a qualified driver still requires proper training. For example, the truck company needs to ensure their drivers know what to do when operating in poor weather conditions.
- Lack of maintenance. A truck company needs to regularly inspect their vehicles before they are allowed out on the road. Truck drivers also need to be responsible in checking their vehicles and reporting any problems. In many truck accidents, a single defective part turned out to be the underlying cause.
- Improper loading of cargo. There are strict federal regulations governing the maximum load and weight of a commercial truck. Both truck drivers and the companies responsible for loading the vehicle need to ensure all cargo is properly secured and within the acceptable limits. If cargo shifts or becomes loose during transport, it may throw off the truck’s center of gravity, which can lead to a loss of control. Or in some cases, the cargo may fall off or spill out of the truck and collide with another vehicle on the road.
What Are the Common Injuries in a Homestead, Florida, Truck Accident?
Any motor vehicle accident can lead to serious injury or death. Truck accidents are considered especially dangerous for a couple of reasons. First, in the event of a direct impact, a truck has an enormous weight advantage over a passenger vehicle. Second, if a truck overturns or slides across a highway, it can lead to a multi-car pile-up in a matter of seconds.
Some of the more common truck accident injuries that we see with our clients include:
- Back and neck injuries. Whiplash may be the most common non-fatal truck accident that we see. Basically, if the force of an impact causes your head and neck to snap forward while the rest of your body remains in place, that is whiplash. Even if you do not feel any immediate pain or symptoms, damage to your neck and back can manifest itself hours or even days later.
- Spinal cord damage. There are no “minor” spinal cord injuries. Any damage to the spinal column can lead to paralysis or disability. Such injuries often require extensive medical treatment and extended rehabilitation.
- Traumatic brain injuries. Brain injuries are another common result of a truck accident where symptoms do not always present themselves right away. In fact, many people who sustain a traumatic brain injury do not lose consciousness and can walk away from the scene of an accident. But any damage to the brain can lead to serious and permanent consequences for your health and overall lifestyle.
- Burn injuries. Depending on the amount of fuel and the type of cargo a truck is carrying, there can be a significantly heightened risk of a fire in the event of an accident. This can lead to serious second-, third-, and even fourth-degree burn injuries.
- Crushed limbs and internal injuries. The force of a collision with a truck often crushes victims underneath thousands of pounds of twisted metal and other wreckage. In many cases this leads to crushed limbs that need to be amputated or internal organ damage that requires emergency surgery.
- Death. Unfortunately, truck accidents often lead to fatal injuries. In 2021, there were 27 people killed in commercial motor vehicle accidents in Miami-Dade County.
How Do You Seek Compensation Following a Homestead, Florida, Truck Accident?
In any personal injury case, Florida law requires you prove the defendant was negligent in causing the underlying accident. Negligence means that you do not have to prove a defendant acted willfully, only recklessly. In the context of a truck accident, for example, it is enough to show that the driver acted in an unreasonable manner for someone in their position, such as by ignoring traffic laws or driving drunk.
Florida also requires proof that an accident was serious enough to step outside of the state’s “no fault” insurance system. All Florida motorists require drivers to carry Personal Injury Protection (PIP) coverage of at least $10,000. This coverage is meant to cover minor accidents. But more serious accidents, such as those resulting in permanent injury or disfigurement to the victim, are beyond the scope of what PIP can cover.
It is also important to note that no-fault coverage only provides limited medical and loss-of-income benefits. It cannot compensate victims for non-economic damages like pain and suffering. And it is often not even enough to cover their medical bills, as PIP only requires insurers to pay 80 percent of expenses up to the policy’s limit.
In a personal injury lawsuit, in contrast, a truck accident victim can seek full and fair compensation for all of their damages. This includes all of your hospital bills, the costs of your future medical care and rehabilitation, damage to your vehicle, and compensation for your mental anguish, disfigurement, and loss of enjoyment of life, among other things. In some cases it may also be possible to seek punitive damages if a truck driver or trucking company’s actions in causing an accident were intentional or especially reckless.
Do You Need to Speak with a Homestead Truck Accident Lawyer?
A truck accident is not a simple “fender bender.” There are often complicated factual and legal questions that need to be sorted out, especially since there are often multiple potential defendants who may be liable for injuries sustained by multiple victims. That is why if you are one of those victims, it is in your best interest to work with a qualified Homestead truck accident lawyer.
The personal injury team at Dolan Dobrinsky Rosenblum Bluestein, LLP, can review your accident and conduct a full investigation into what happened. Just as important, we can take the burden of dealing with insurance companies off of your hands as you struggle to recover from your injuries. Many truck accident cases do result in a fair settlement with the insurer. But you are far more likely to obtain a favorable result by working with attorneys who are prepared to take your case to court if necessary.So if you would like to speak with one of our truck accident lawyers, call us today at 305-371-2692 to schedule a free initial consultation.