How a Miami Truck Accident lawyer can help you
When a Miami truck accident occurs, there’s only likely to be one outcome: devastation. Regardless of whether it’s pedestrians, motorcycles or cars involved, it is bound to be a serious accident. Usually because of the massive weight difference between trucks and other vehicles. Accidents are complex and it is best to speak with a Miami truck accident lawyer.
Truck weight and size
This is because a truck is almost like a monster on the road. Weighing between 70,000 to 80,000 pounds when fully loaded, it is almost 20 times heavier than the next biggest vehicle. Even a minor rear-end collision by a normal car standards has can be damaging or even fatal when a truck is involved.
This huge difference in the weights of trucks and other vehicles imposes a high standard of care on trucks and their drivers. A single mistake can lead to not only thousands of dollars in damage, but serious injury or even death.
Damages and expenses
If you or any of your loved ones have been injured in a truck accident, you will likely be facing expenses. Truck accidents come with serious injury, and the damage they cause can be devastating. This is why it is best to speak with a Miami truck accident lawyer or Doral accident accident for a case evaluation. Without adequate compensation, you may find yourself struggling with these expenses.
Claim and compensation
Know that you legally have a right to compensation if you have been injured in a Miami truck accident. Whether you can get that compensation is something else entirely. To file a claim you should speak with a Miami truck accident lawyer that cares about your best interest.
At Peregonza Law Group, we have experience serving accident victims. Our team is skilled in personal injury and Miami truck accidents. Our lawyers have only one goal: to find the best way to get you the best possible outcome.
There are several things you need to understand about your truck accident claim before starting the process. This article explains your rights in the event of an accident and how you can assert them.
Miami Truck accidents can be very dangerous
According to Federal Motor Carrier Safety Administration (FMCSA) data, Florida is one of the top ten states with the highest average of fatal large truck crashes. Miami is a huge city in Florida and a contributor to these statistics. It is important to always speak with a Miami truck accident lawyer.
The top ten states represent 51% of all deadly truck accidents. That means ten states, including Florida, account for more than half of all deadly truck crashes in the US.
According to the Florida Department of Highway Safety and Motor Vehicles, in 2016, there were over 41,000 accidents involving large trucks in Florida. More than 7,000 of those resulted in injury, causing the deaths of 276 people.
One of the reasons for the huge number of truck accidents is its commercial sector. The state is a major international hub for imports and exports. Miami has one of the most active ports in the Americas. This means there are a lot of freight-bearing trucks on Florida roadways. This increases the possibility that accidents will happen.
What are the causes of Miami truck accidents?
None of these accidents happen by themselves. Sometimes it takes a skilled Miami Truck accident lawyer to determine the cause. There is always a root cause. Finding this root cause is often one of the most important aspects to the task of establishing your accident claim.
These causes may include any one or more of the following:
The Truck Safety Coalition reports that more than ¼ of US bridges are structurally unsound. More than 1 out of 3 major roads need serious repair. These poor road conditions are always a risk factor for heavy trucks. Potholes, uneven pavements and sharp curves offer serious accident potential for heavy trucks moving at speed.
According to FMCSA data from 2014, 20% of trucks were pulled out of service because they violated too many safety standards. In the same period, almost 5% of drivers violated more than one safety standard. Where the accident is caused due to poor maintenance or safety standards, the company will be responsible.
This is one of the all-time leading causes of accidents. The FMCSA reports that truck drivers are at least 23 times more likely to crash when texting. And yet many still drive and use their phones, despite the FMCSA 2012 regulations banning their use.
Although large truck drivers rarely drive intoxicated, prescription drug use has been identified as an associated factor in 28.7% of truck crashes. If your injuries were caused because the truck driver was driving impaired, you may be able to claim compensation against both driver and company.
This is often a big problem for truck drivers. A tired driver is a slow driver and when they react slowly, accidents will always happen. Despite FMCSA regulations that limit truck drivers to only 11 hours straight driving after a 10-hour rest, accidents still happen due to fatigue.
In many cases, a rear end truck accident will occur because of unexpected traffic incidents, such as a sharp turn or sudden stop. This can be deadly when trucks are involved. While a small vehicle traveling at 55 mph will take around 130 feet to stop, a truck will take around 400 feet, about the length of a football pitch.
In every scenario it is important to consult with a Miami truck accident lawyer to determine your best course of action.
Who will be responsible for your Miami truck accident injuries?
Determining fault in truck accidents is not easy. There may be several factors that contributed to your accident and each factor may point to a different party. This determination is important because it will help your Miami truck accident lawyers plan your claim strategy. It will determine how you can approach the task of recovering compensation.
Case against truck driver
Depending on the cause of the accident, you may have a claim against the truck driver, the truck company, the loading company, the cargo owner or the road authority. the particular circumstances of your case will determine who you must go after.
If the accident is down to only driver error, or if the driver was driving impaired contrary to regulations, responsibility may lie only with them. This would also be the case if the driver was acting contrary to specific instructions from the trucking company. Or if he was “on a frolic of his own”.
Case against trucking company
In many other circumstances however, such as where the truck did not attain to safety standard, the trucking company may be responsible. If the trucking company ordered or encouraged the driver to stay at the wheel beyond the legal limit, they may also be responsible. Where the cargo was improperly loaded onto the truck by the loading company, you may be able to claim against the loading company.
Case against county or state
And if the accident was caused mostly due to bad or poorly maintained roads, you may be able to pursue remedy against the county or state. You may be able to sue the agency responsible for maintaining the road. It is important to always consult with a Miami truck accident lawyer or Doral accident attorney in order to determine the best course of action for your case. Our attorneys are ready to help.
What will the process of recovering compensation involve?
The Miami truck accident claims process can get very complicated. You may think that it should be no different from a car accident, since it’s pretty much only a bigger vehicle. But that may not be the case.
At Fault parties
This is because several parties may be at fault all at once. Trucks often have multiple insurance policies active on them. The driver may have their own policy, so will the trucking company and the loading company. The owner of the cargo will often purchase insurance protection for the cargo as well.
All of this means that there will be several interests at play in the process. One or more of these insurance companies may contact you, wanting to ask you questions about the accident. Some may even call to offer you a settlement figure if the fault is clearly against them.
Speak to a Miami truck accident lawyer before accepting any offer
It is important that you resist any temptation to accept offers at this stage. Due to the fact that truck accidents involve a lot of interests, and, truthfully, often large sums of potential compensation, insurers will try to make you a low ball offer. Their interests will be best served by killing the case quickly and for much less than would be fair to you. This is why you should always speak with a Miami truck accident lawyer before any settlement.
So it is in your best interest to ensure you contact a qualified Miami truck accident lawyer immediately after the accident. Just by hiring a Miami truck accident lawyer, you may be able to significantly improve on the amount that an insurer will be willing to settle for.
When you contact us at Peregonza Law Group, here’s how the claims process will go:
We will look carefully into the facts and circumstances of your case. The aim here will be to ascertain the strengths and weaknesses of your case, as well as the evidence you will need to make a strong claim. An investigation may also be carried out into the cause(s) of the accident, in order to determine who should be responsible.
If your injuries are lower than your own Personal Injury Protection, Florida no fault laws require that you claim from your own insurer. We may write a claim letter to your insurer requesting compensation up to policy limits. But if the damage you have suffered and your injuries exceed your policy limits, we may write a demand letter to the responsible party, outlining the facts of the accident and claiming compensation.
The other party will respond to the letter, either accepting liability and the amounts you want, or making a counter offer. There could be a lot of back and forth at this stage until we reach an amount that is fair for you. Our Miami truck accident lawyers always have your best interest every step of the negotiation process.
Filing a case in court
If no settlement is reached or if the other party rejects liability, we may file a case in court on your behalf with your consent. Due to the fact that we fight aggressively to protect the interests of our clients, this is the last thing insurers or the other party ever want. It may even force them to reconsider their stance and make you a better offer. If they don’t, we are prepared to fight the case all the way and help to ensure that you get the compensation you really deserve. Speak to one of our Miami truck accident lawyers to learn more about your specific case.
How do you manage your medical bills and all other bills before recovering compensation?
This is likely to be a top worry. The process of recovering compensation is not easy. This may be specially true when you have big injuries. There’s a very good chance that it will drag on for a few months or even more than a year.
In the meantime, bills keep piling up and you cannot work to offset them either. In this situation, you can turn to your medical insurance coverage to foot your medical bills pending recovery of compensation. If you are eligible, you can also look to government health insurance such as Medicare. If you have uninsured or underinsured motorist coverage, your medical bills may be settled through that medium. A Miami truck accident lawyer can help explain this process.
What if you don’t have insurance?
Even if you don’t have the insurance to cover your medical bills, all hope is not lost. At Peregonza Law Group, we work with an extensive network of many different doctors and health providers throughout Miami, Doral and even Florida that can help treat you on a medical lien. This basically means that they can provide you medical care but only collect payment after you recover compensation.
What kind of compensation can you recover for your Miami truck accident?
You may be able to recover compensation for any injuries caused to you as a result of the accident and any property damage you have suffered. The range of compensation you may be entitled to increases in relation to the seriousness of your injuries.
The items that you may have a chance to recover compensation for include the following:
- Cost of medical treatment
- Cost of seeking professional help for emotional trauma and shock
- Physical therapy or specialist treatment such as a chiropractor’s services
- Out of pocket expenses
- Lost wages
- Permanent incapacitation or disfigurement
- Lost earning capacity
- Loss of consortium
- Pain and suffering
- Punitive damages
What should you do after a Miami truck accident?
Seek medical attention
In order to make sure that you have the best foundation for a strong claim, it is highly important that you seek medical attention immediately after the accident. While you are at the scene of the accident, call emergency services and let them attend to you once they arrive. Also, keep in mind that you should consult with a Miami truck accident lawyer as soon as possible.
If, for some reason or the other, you are unable to receive medical attention at the accident scene, visit a doctor no more than 48 hours after. If you fail to go to a doctor immediately, insurance companies can seize on this to dispute your claim.
Inform your insurer
Since Florida is a no fault state, your first recourse to compensation will be with your own insurer. Ensure that you inform them about the accident immediately after it occurs. Be careful in your conversation though. Don’t admit fault for the accident and don’t say anything that tends to trivialize the crash.
If you are able to handle yourself deliberately after the accident and act immediately, you will give yourself the best chance of recovering fair compensation. Most important, consult with a Miami truck accident lawyer as soon as possible.
Contact a Miami truck accident lawyer
The journey to successful claims process starts with hiring a competent Miami truck accident lawyer. You don’t have to worry about how you will pay your lawyer. Although many attorneys charge by the hour, meaning you will have to pay upfront, our procedure at Peregonza Law Group with certain cases is different.
We don’t charge hourly rates or upfront fees for contingency based cases. Rather, we work on a contingency basis. This means that if you don’t win, we don’t get a dime.
If you would like to know more about how we can help you build a winning claim, call us today at (786)650-0202 to book a free, no-obligation consultation today.