South Miami Truck Accident Lawyer

An Award Winning Florida Injury Lawyer

Have you been injured? We’re ready to help you! 

After a crash, accident victims should secure the help of an experienced truck accident lawyer. This is a difficult time. Accident victims typically struggle with an array of injuries, some of which can prevent someone from leaving the house. To receive compensation, you must offer proof that the trucker or some other party is responsible for the wreck.Contact Dolan Dobrinsky Rosenblum Bluestein, LLP, today to discuss your case. Our firm has a lengthy track record of obtaining generous settlements for accident victims and their families, and we can explain more about the claims process in a free consultation.

Truck Accident Injuries

Large commercial trucks will crunch any lighter vehicle in its path. Occupants often leave the accident scene in the back of an ambulance, and over the weeks they will struggle with:

• Back injuries
• Head injuries
• Concussions
• Whiplash
• Fractures
• Soft-tissue injuries
• Organ damage
• Burns

Some of these injuries might heal in a matter of months. But other victims will struggle for years and perhaps indefinitely with permanent physical and emotional disabilities.

Who is Responsible for Your Accident?

In Florida, responsibility for a crash is called “fault.” Our lawyers have years of experience compiling evidence to establish fault for truck accidents.

We often end up suing:

• Truck drivers. A trucker might negligently cause an accident because they were intoxicated or driving while texting. Other examples of negligence include tailgating, speeding, brake checking, making illegal U-turns, illegal lane changes, and driving while fatigued.
• Trucking companies. The company could have automatic liability if their employee caused the accident. A trucking company might also be liable for not maintaining their trucks or for failure to adequately hire or supervise a trucker.
• Mechanics. A defect on the truck might cause the collision, such as brake failure. A mechanic who does poor work on the truck is partially to blame for the accident.
• Freight company. The company that owns the freight in a tractor-trailer is often responsible for loading it. They might have carelessly failed to secure the cargo or loaded it in an unbalanced manner.

A thorough, timely investigation into the accident benefits our clients. Contact our firm as soon as possible to get started on your case. The trucking company will have investigators at the scene within hours to begin collecting evidence, and you should begin hiring a lawyer for your case as soon as possible.

What You Need to Prove to Receive Compensation

A successful personal injury case requires that we show four elements:

• The defendant owed you a duty of care. For example, a trucker owes other motorists on the road a duty to drive carefully so as not to crash into them.
• The defendant breached that duty. The defendant might have been driving while distracted or speeding, which are examples of failing to drive carefully.
• The defendant’s breach caused the accident. If a truck collides with your vehicle, then this is easy to prove.
• You suffered damages. Your damages include medical bills to treat bodily injuries, as well as the pain and emotional anguish you experience.

A defendant might claim you caused the accident. Florida has changed its comparative fault law recently. Today, if you are more than 50% responsible for the accident, you can’t sue. That change has incentivized blame shifting. Some truckers might allege you cut them off or swerved over the center line.

If you are less than 50% at fault, you can still sue, but your compensation is reduced by your percentage of fault.

Damages for a Truck Accident

Our clients suffer economic and non-economic damages in South Miami truck accidents. We will demand compensation for:

Economic Losses

• Past medical care
• Future medical care for ongoing disabilities
• Past lost income
• Loss of earning capacity if you can’t return to your job
• Damage to your vehicle and other property

Non-economic Losses

• Pain
• Emotional distress
• Mental anguish
• Loss of consortium

South Miami truck accident attorneys at DDRB have developed strategies for maximizing the compensation our clients receive. For example, we can pressure the insurance company to take your claim seriously, and we rely on research to find out how much other victims receive for similar injuries. We will work with your medical team to make a strong case that you receive as much compensation as possible.

We Give Our Clients an Edge in Negotiations

Truck accidents are different from regular fender benders involving two SUVs or sedans. A large tractor-trailer will cause more damage and make obtaining compensation harder. Other differences include:

• Different evidence. Some of the most helpful evidence is electronic data from the truck. This data will show if the trucker braked, how fast they were going, and how long the vehicle was in motion. All this evidence might prove helpful—but it’s in the hands of the trucking company. Our lawyers know how to pry it loose.
• More serious injuries. Because truck accident injuries are more severe, there’s more money in play for a settlement. This gives trucking companies and other defendants an incentive to fight harder. Don’t expect a swift resolution to your case.
• Factual complexity. We need to untangle what happened to identify the person liable for the crash. That requires deep research and strong analytical skills—which our truck accident attorneys have. Rely on our firm to comb through the evidence to find the right defendant.
• Confusing laws and regulations. The trucking industry is regulated at both the state and federal levels. Our lawyers need to know hours of service and other regulations.

Steps to Take After a Truck Collision

Getting crunched by a truck is terrifying. Many victims are in immediate need of emergency services. However, other accident victims can exit their vehicles and walk around, even if they feel pain. We recommend the following steps:

• Call for an ambulance, if necessary. Ask your passengers if they need immediate medical help and call 911 if they do.
• Report the accident to the police. Truck accidents are hard to miss, and a bystander might call the police. But make sure you call as well to report your location.
• Ask for the trucker’s personal information. If you can move around, give the trucker your name and license information. Also ask for their personal data, including the name of their employer and insurance company.
• Photograph the accident scene. These photographs will help us visualize the accident later. You can use your smartphone to get photographs of the vehicles involved.
• Speak briefly with witnesses. Anyone who saw the accident could provide valuable evidence in your case. We often rely on witnesses to establish the sequence of events that led up to the crash. Ask witnesses for a method of contacting them, like an email address.
• Receive prompt medical care. You should go to the emergency room after finishing at the accident scene.

How Trucking Companies Defend These Cases

A trucking company isn’t always liable for a truck accident—but they often are. And they vigorously defend themselves. We recommend that accident victims quickly hire a lawyer to represent them.

Trucking companies take aggressive action to:

1. Blame victims for the collision. The trucking company might claim you cut the trucker off, passed in a blind spot, or were tailgating yourself. They will also try to find witnesses to back up this accusation. In Florida, your own negligence could reduce your compensation substantially or even result in dismissal of your case.
2. Minimize your injuries. The defendant could allege you are making things up to pad a settlement. Insurance companies sometimes hire private investigators to follow victims around and take pictures whenever they step outside. They use this evidence to claim you are perfectly fine.
3. Blame you for your pain. When not claiming you aren’t really hurt, a defendant might claim you failed to mitigate your damages. For example, they might claim you self-diagnosed your injuries without a doctor’s help.
4. Drag their feet. Our clients often have large medical bills and need money because they can’t work. Defendants know that. They will dig in and delay a case unreasonably to put pressure on you.

Here’s how you help yourself:

• Refuse to give a recorded statement to the trucking company or its insurer. They are trying to find evidence to prove you are at fault or not injured.
• Follow your doctor’s treatment plan. This way, you can show you are doing everything to get well.
• Hire an experienced South Miami truck accident lawyer for your case. One of our attorneys can remind the trucking company of its obligations to negotiate in good faith. And we can swat away other underhanded tactics.

Speak with a South Miami Truck Accident Lawyer About Your Accident

Dolan Dobrinsky Rosenblum Bluestein, LLP, is one of the most established law firms in Florida. Our skill and experience give us a leg up in negotiations with trucking companies and their insurers, and we take pride in winning cases other firms have declined. Never try to handle your own case. We can jump in and begin compiling evidence for your case, but we need to hear from you first. Contact us to get started.