Westchester Truck Accident Lawyer

Have You Been Injured by a Commercial Truck? We Can Help You Seek Compensation for Your Injuries

On any given day, there are thousands of commercial trucks on the roads of Miami-Dade County. From box trucks to 18-wheelers, our economy depends on these vehicles to transport cargo and other materials. But commercial trucks also carry a much more significant safety risk than the average passenger vehicle. When a big rig is involved in an accident, the consequences are often catastrophic for dozens of victims caught up in its wake.

If you, or someone in your family, has been injured in a motor vehicle accident involving any kind of commercial truck, it is imperative you seek competent legal advice without delay. The Westchester truck accident lawyers at Dolan Dobrinsky Rosenblum Bluestein, LLP, can review your case, investigate all of the factors that may have contributed to your crash, and advise you on the best course of legal action for seeking compensation. Our team understands that a truck accident often leaves victims with thousands of dollars in unpaid medical bills, lost income, and other out-of-pocket losses. That is why we will make every effort to hold those responsible for your truck accident accountable.Our track record includes over $1 billion in trial verdicts and out-of-court settlements for our clients. Call our experienced truck accident attorney today at (305) 371-2692 to schedule a consultation with a member of our firm.

If you were in an accident and escaped unharmed, you should consider yourself fortunate.  No amount of money from a lawsuit is worth the pain and emotional trauma of a serious personal injury.  If you have suffered a serious injury in Miami, you’ll need the help of the civil justice system.

Contact us to find out how we can help by calling (305) 371-2692.

Receiving compensation following an accident is crucial in recovery. Our team of Miami personal injury attorneys can help you negotiate with insurance companies and others who may be involved in the incident in reaching a full and fair settlement.

How A Truck Accident Case in Westchester Are Different Than Car Accidents

When two passenger vehicles get into a crash, the injured victims will typically first look to their own insurance policy under Florida’s “no-fault” laws. If the victim was killed or sustained a serious injury, they can pursue a personal injury claim against the negligent driver and seek compensation from their liability insurance. But in most cases, the only parties involved are the drivers and their insurance companies.

Trucking accidents are different in that multiple individuals and businesses may share in the liability for what happened. Most truck drivers are not independent. They work for a trucking company. That trucking company often accepts cargo owned and maintained by third companies. The truck itself is a complex piece of machinery that requires regular maintenance and repair.

More importantly, interstate trucking is strictly regulated by the federal government. Truck drivers must follow certain safety procedures in order to avoid potential accidents. Ignoring or intentionally violating such regulations is often a factor in catastrophic trucking accidents in and around Westchester.

Some of the more common truck accident scenarios we see at Dolan Dobrinsky Rosenblum Bluestein, LLP, include the following:

• Driver Fatigue: The Federal Motor Carrier Safety Administration, the regulator for interstate trucking, requires all truck drivers to follow “hours of service” rules. Put simply, these regulations limit how much time a trucker can spend on the road without taking a break or rest period. Unfortunately, drivers often try to skirt these rules in order to meet tight delivery schedules. As a result, they are often far too fatigued to maintain good judgment behind the wheel, and they end up causing a serious accident.
• Reckless Driving: Tractor-trailers are far larger and heavier than the typical passenger vehicle. Trucker drivers must therefore be especially vigilant in obeying the rules of the road. Any kind of reckless driving, such as speeding or making an improper lane change, puts other motorists at risk. Remember, commercial trucks do not stop or turn on a dime. So any act of reckless driving is magnified by the nature of the commercial vehicle itself.
• Drunk and Impaired Driving: Operating any motor vehicle under the influence of alcohol or drugs–even legal prescription medications–is generally a recipe for disaster. When the drunk driver is a trucker, you essentially have an 80,000-pound missile targeting every other person on the road. This is why Florida has far stricter DUI standards when it comes to drivers of commercial motor vehicles than for most other motorists.
• Equipment Failures: Unlike your personal car, a commercial truck requires constant monitoring and maintenance. Federal regulations not only require truck owners and operators to regularly inspect their vehicles. They must also keep careful records of any maintenance or repairs. And if a mechanical failure in the truck itself is to blame for an accident, the trucking company can be held liable if the records show they did not perform proper maintenance. Additionally, the manufacturer of the truck itself or a part can be held legally responsible under Florida’s product liability laws for any defects in the design or manufacturing process.
• Improper Loading: Safe trucking involves more than making sure the vehicle is properly maintained. It also requires the persons and companies responsible for loading a truck’s cargo to do so in a safe manner that complies with federal regulations. If a truck is improperly loaded–or loaded past its maximum legal weight–that can make the truck impossible for the driver to control while on the highway. In the worst case scenario, cargo may actually come loose during transport and fly out onto the road, effectively functioning as projectiles aimed at other vehicles.
• Negligent Hiring: Trucking companies are vicariously liable for truck accidents caused by their employees. But employers can also be held responsible for negligent hiring practices. For example, if a trucking company fails to perform a routine background check that would have revealed a newly hired driver had an extensive history of traffic violations or drunk driving, that employer could be sued for negligent hiring if that driver causes an accident.

It is important to note that many truck accidents have more than one cause. That is why it is essential to work with a Hialeh truck accident attorney who has experience investigating semi-truck crashes. The investigation process alone may take several months, especially when there is a substantial amount of evidence to sort through.

What Are the Most Serious Injuries Caused by a Trucking Accident in Hialeah?

Truck accidents are dangerous for several reasons. First, they often involve multiple vehicles. Consider a “jackknife” accident where the trailer of an 18-wheeler swings out into traffic. A dozen or more vehicles can easily strike the dislodged trailer, potentially killing or seriously injuring the occupants of those vehicles.

Second, trucks often carry highly flammable cargo. We are not just talking about the truck’s fuel, although that can be a major hazard. We are also talking about trucks that carry hazardous chemicals that must be stored and transported in a specific manner. Even cargo that is not inherently toxic can still become dangerous if it spills out uncontrolled onto a busy interstate.

Third, the sheer weight of a commercial truck can easily crush another vehicle. For instance, if a passenger vehicle is pushed underneath a tractor-trailer–what is often referred to as an “underride accident”–the occupants of the smaller vehicle will likely be crushed. And of course, if there is a head-on collision between a commercial truck and a passenger car, the latter will obviously absorb the brunt of the impact.

In terms of specific injuries, here are some of the more common ones we see with truck accidents at Dolan Dobrinsky Rosenblum Bluestein, LLP:

• Burn Injuries: A truck accident can cause the vehicle’s fuel tank or cargo to explode and catch fire. This puts everyone at the accident scene at risk of second- and third-degree burns. In severe cases, such burn injuries can leave permanent scarring and disfigurement, as well as emotional trauma.
• Brain Injuries: When a person’s head sustains a sudden impact, they can suffer a traumatic brain injury. Even a mild traumatic brain injury–i.e., a concussion–can produce serious neurological symptoms. More severe traumatic brain injuries can lead to a permanent loss of cognitive function.
• Spinal Cord Damage: The impact of a truck accident can severely damage a person’s spinal cord. This often means paralysis and impaired motor function that may be permanent. Indeed, many truck accident victims who sustain spinal cord damage require a lifetime of medical care and assistance just to perform basic tasks of daily living.
• Internal Injuries: Many truck accident victims assume they escaped the crash without serious injuries because they do not see any visible signs such as external bleeding. Unfortunately, that assumption is often mistaken. The trauma of a truck accident can easily produce internal injuries that are not readily apparent, such as organ damage.
• Soft Tissue Damage: A truck accident produces a light of debris, such as broken glass and metal fragments, which commonly produce lacerations and damage to a victim’s soft tissue areas. Even when such injuries are not life-threatening, they can still lead to chronic pain and substantial bleeding that requires emergency medical treatment.
• Emotional Trauma: Truck accident victims are often diagnosed with post-traumatic stress disorder (PTSD) and other clinically recognized forms of emotional trauma. Many such victims require extensive counseling or therapy to cope with the aftermath of their accidents.

How Do You Seek Compensation Following a Truck Accident in Westchester?

Florida is a “no-fault” state when it comes to motor vehicle accidents. This means that if you are injured in a truck accident, you normally must first seek compensation from under your own auto insurance policy’s personal injury protection (PIP) coverage. Unfortunately, PIP benefits are unlikely to fully compensate you for the full measure of your out-of-pocket and other accident-related losses.

If you meet the “serious injury” threshold required by Florida law, however, you can go beyond your no-fault policy and file a personal injury lawsuit against any third party whose negligence caused or contributed to your truck accident. This may include the truck driver, trucking company, or any company responsible for maintaining the truck or its cargo. Keep in mind, as the victim of a truck accident you have the legal burden of proving a defendant’s negligence. And while it might seem obvious to you that a negligent truck driver caused your accident, you still need to gather sufficient evidence to prove that in court.

You also must prove any damages you sustained as a result of the defendant’s negligence. Damages are the term used to describe the financial compensation a truck accident victim is entitled to under the law. Some common examples of damages include:

• Economic Damages: Your out-of-pocket losses are classified as economic damages. This includes your medical expenses or bills, lost income, damage to your car, and any other measurable out-of-pocket losses. Please note that economic damages may also cover expected future losses, such as the costs of providing long-term medical care or your diminished earning capacity.
• Non-Economic Damages: Losses that do not come with a bill generally fit within the scope of non-economic damages. Such damages cover your pain and suffering, emotional trauma, loss of enjoyment of life, and the impact of any permanent injury like an amputation or disfigurement.
• Punitive Damages: In rare cases, a Florida court may award punitive damages to punish especially egregious acts of wrongdoing or intentional misconduct. For example, if your truck accident was caused by a drunk driver, you may have a claim for punitive damages.

Frequently Asked Questions About Westchester Truck Accident Lawsuits

QUESTION: Is there a limit on the amount of damages I can seek in a truck accident lawsuit?

ANSWER: Florida law does not formally restrict or cap awards of economic damages. There are also no limits on non-economic damages outside of medical malpractice cases. There are, however, caps on punitive damage awards.

QUESTION: Is there a time limit to file a truck accident lawsuit in Florida?

ANSWER: Yes. Florida’s current statute of limitations for personal injury claims is 2 years. This normally requires you to file your lawsuit within 2 years of the date of the actual truck accident.

QUESTION: Do most truck accident lawsuits settle out of court?

ANSWER: Yes. Well over 90 percent of all personal injury claims, including those arising from truck accidents, are settled without the need for trial. That said, accident victims typically receive a far more favorable settlement when they work with an experienced Westchester truck accident lawyer.

Contact Our Westchester Truck Accident Lawyers Today

A truck accident is often devastating for victims and their families. And the complex web of legal issues surrounding such accidents can often seem overwhelming. That is why it is crucial to work with a skilled Westchester truck accident lawyer who can guide you through the process of dealing with trucking and insurance companies. Call Dolan Dobrinsky Rosenblum Bluestein, LLP, today or contact us online to schedule a free initial consultation. We represent injured victims in Westchester and throughout South Florida, including in Miami Beach, Homestead, Fort Lauderdale, Coral Gables, Boca Raton, West Palm Beach, and Jupiter.