From semi-trucks to big-rigs to tractor-trailers, large commercial trucks, buses, and other commercial vehicles have the potential to do a significant amount of damage in a collision. Unfortunately, even when a trucking accident is caused by a truck driver or trucking company’s negligence, other victims involved in the accident are often the ones who suffer the worst injuries and financial damages. If you were injured or a loved one was killed in a trucking accident in Miami, you may be able to seek damages by filing a personal injury or wrongful death lawsuit against the person or party whose negligence caused the accident. Contact our Miami truck accident attorneys at Robert Brown Law today to find out whether you may be entitled to compensation for the harm you and your family have suffered.

Trucking Accident Injuries

 Car accident injuries and truck accident injuries can be similar, but the size and weight of semi-trucks mean injuries caused by trucking accidents tend to be far more severe than those caused by passenger car accidents. There were more than 340,000 traffic accidents in Florida in 2020 alone, and many fatalities that occur on Florida highways each year can be attributed to commercial truck accidents. The following are some common types of trucking accident injuries:

• Traumatic brain injury (TBI)
• Concussion
• Spinal cord injury
• Whiplash
• Head injury
• Neck injury
• Broken bones
• Amputation
• Internal injuries
• Severe burns
• Paralysis
• Permanent disfigurement
• Wrongful death

Common Causes of Trucking Accidents

Many motor vehicle accidents are preventable accidents that could have been averted were it not for the actions of the truck driver or motor carrier. In fact, thousands of people die and are injured every year in avoidable trucking accidents that occur because of the actions or a failure to act on the part of truck drivers, trucking companies, and other negligent parties. The following are some common causes of trucking accidents in Florida:

• Driver fatigue
• Driver intoxication
• Distracted driving
• Texting while driving
• Reckless driving
• Speeding
• Poor cargo loading
• Improper vehicle maintenance
• Defective vehicle parts
• Tire wear
• Failure to negotiate curves or downgrades properly
• Inadequate driver training
• Poor road conditions
• Inclement weather

Any person injured in a preventable trucking accident that arises because of one or more of the above factors may have grounds to file a personal injury claim against the negligent party or parties. That may include the truck driver, the trucking company, or a negligent third party.

Seeking Compensation for Truck Accident Injuries

The consequences of a trucking accident can be significant and long-lasting for injured victims and their loved ones. If you have suffered injuries in a trucking accident, you may be able to file a lawsuit to recover compensation for medical bills, vehicle repairs, loss of income due to missed time at work, lost earning capacity due to temporary or permanent disability, pain and suffering, emotional trauma, and more. If your loved one was killed in a trucking accident that was someone else’s fault, your family may be entitled to damages for funeral expenses, loss of companionship, loss of financial support, and emotional trauma, among other damages. No amount of money can bring back a family member who dies in a trucking accident, but a wrongful death lawsuit can help compensate survivors for the premature death of their loved one.

It is always a good idea to consult an experienced trucking accident attorney before speaking to an insurance company or accepting any settlement offer after being involved in a truck accident. The motor carrier’s insurance company will do everything in its power to settle your claim for as little money as possible, and without a knowledgeable attorney on your side, you may not know how much your claim is worth. Even worse, the insurance company may drag your claim out or deny it outright, leaving you and your family in a financial bind.

Filing a Trucking Accident Lawsuit

Sometimes, the best way to recover the full amount of compensation you deserve after a trucking accident is to file a lawsuit against the negligent person or party. In order to succeed in a negligence claim in the state of Florida, you must prove that someone else owed you a duty of care and breached that duty by failing to act in a way that a reasonable person would in the same situation. Some trucking accidents occur because of a truck driver’s negligent driving, i.e. a truck driver fails to operate his truck in a safe and reasonable manner on the road. However, multiple parties can carry some level of blame in an accident involving a commercial truck, including the trucking company, which may also be at fault for a truck driver’s negligent actions resulting in a collision. A knowledgeable trucking accident attorney can ensure that a complete investigation is conducted in order to identify all potential liable parties following a trucking accident.

Florida’s Pure Comparative Negligence Rule

One important thing to remember after being injured in a truck accident is that Florida recognizes the “pure comparative negligence” rule, which means even if you are partially at fault for the accident, you may still qualify for compensation in a negligence action, albeit at a reduced amount. For instance, if you are involved in a collision with a semi-truck driver who fell asleep behind the wheel and it is determined that you were speeding at the time of the accident, sharing blame for the accident does not automatically bar you from filing a lawsuit and pursuing compensation from the truck driver. Any damages award you are entitled to for your injuries would simply be reduced by an amount proportionate to your percentage of fault.

Our Miami Trucking Accident Attorneys Can Help

Anyone who has suffered injuries or lost a loved one in a trucking accident in Florida may have the right to sue the negligent persons or parties and recover compensation for injuries or losses caused by the accident. Determining what caused the trucking accident and holding the negligent parties accountable can be difficult, especially if you are recovering from a serious injury. To learn more about your rights following a Miami truck accident, contact our reputable personal injury attorneys at Robert Brown Law for qualified legal help. We will utilize our extensive resources to your benefit, thereby improving your chances of recovering full and fair compensation for your trucking accident injuries.