Determining who the at-fault party is in a Miami truck accident requires examining evidence, including police reports, witness statements, driver logs, expert opinions, and black box data. A Miami truck accident lawyer can help you identify the at-fault party.
Our Miami truck accident lawyers have been representing accident victims since 2005. We will investigate the crash and gather evidence to determine fault and fight to recover the financial compensation you deserve for your damages.
How Do You Identify the At-Fault Party in a Miami Truck Accident Case?
You can determine who is at fault for a commercial truck accident by gathering evidence, including the following:
- Traffic camera footage: Video recordings of the accident can include footage before, during, and after the crash.
- Photographs: Pictures of the accident scene, which you can take yourself before the authorities clean it up.
- Medical records: Your doctor can diagnose your injuries and document them along with any treatments you receive.
- Driver logs: Truck drivers must keep records of how many hours they drive and when and how long they rest.
- Black box data: This data can include speed, braking, force of impact, steering angles, and other information crucial to an investigation.
- Police report: The police will write a report on the accident with information on the location, names of the parties, road conditions, a diagram of the scene, and an assessment of fault.
- Expert opinions: An accident reconstruction expert can piece together the accident and explain the details to the jury and judge.
- Witness statements: Witness testimony can strengthen your case, making it important to obtain statements before their memories of the accident fade.
A Miami personal injury lawyer can handle the legal aspects of your case, including investigating the accident and gathering crucial evidence to identify the at-fault party so you can recover monetary compensation and get justice.
Parties that May Be Responsible for a Truck Accident
As a comparative negligence state, multiple parties could be at fault in a truck crash in Florida, including:
- Truck driver: A commercial truck driver could be held negligent for fatigue, speeding, tailgating, violating traffic laws, reckless driving, distracted driving, and intoxication.
- Trucking company: The truck company can be held negligent for failing to properly maintain vehicles, violating hours of service rules, failing to train or supervise drivers, and ignoring loading regulations.
- Maintenance provider: A maintenance provider must repair or replace defective parts that could cause an accident.
- Truck or parts manufacturer: If a defect in the truck or its parts contributed to the accident, the manufacturer could be held liable.
- Cargo loaders: Cargo must be secure to prevent shifting during transport that could cause an accident.
Types of Compensation Injured Truck Accident Victims May Be Entitled
Trucking accidents often cause severe injuries requiring immediate medical attention. According to the American Bankruptcy Institute, healthcare costs are the leading cause of bankruptcy in the United States. While healthcare costs and additional expenses threaten your finances, being unable to work to earn an income can further exacerbate your situation.
You should not be responsible for paying expenses because of an accident that is someone else’s fault. A Miami truck accident attorney can fight for a full and fair settlement covering your damages, including:
- Economic damages: You can claim compensation for financial damages such as medical expenses, lost income, home modifications, household services, property repair and replacement, rehabilitation, childcare, and transportation.
- Non-economic damages: You can claim compensation for non-financial damages such as emotional trauma, mental anguish, lost quality of life, loss of companionship, pain and suffering, disability, and disfigurement.
- Wrongful death damages: A Miami wrongful death lawyer can help you claim compensation for funeral costs, lost income, medical bills, and mental pain and suffering if you lost someone you love in a fatal accident because of someone else’s negligence.
Our firm is sincerely sorry for your loss, and we want to handle your case so you can focus on healing and grieving. Your loved one deserves justice, and your family deserves financial security. While compensation cannot bring your loved one back, it can help you rebuild your life.
How a Miami Truck Accident Lawyer Can Help Your Case
A Miami truck accident attorney from our firm will provide responsive legal representation to serve your needs because you become part of our family when you obtain our legal services. As our client, you can expect:
- 24/7 availability to respond to questions and concerns.
- A member of our team to come to you if you cannot come to us.
- Help to access top medical care.
- Scheduling of appointments on your behalf.
- Negotiations with the insurance company for you.
- Transportation arrangements.
- Frequent updates on your case to keep you in the loop.
- Assistance repairing or replacing your vehicle.
- Work on a contingency fee basis meaning no attorney fees unless we win your case.
We will carry the burden of your case so you can focus on getting back on your feet. Please review our client testimonials to learn what others are saying about our law firm and the legal services we provide.
What is the Deadline to File a Truck Accident Lawsuit in Miami, Florida?
You are generally required to file a personal injury or wrongful death lawsuit within two years if you wish to recover financial compensation through the legal process, according to Florida Statutes § 95.11. If the deadline in your case expires before you file a lawsuit, the court could dismiss your case.
A Miami truck accident lawyer from our firm will ensure you meet the deadline in your case so you retain your right to file a lawsuit.
Learn More About How to Determine Fault in a Miami Truck Accident Case by Contacting Us Today
You should not have to bear the financial burden of an accident caused by someone else’s negligence. A Miami truck accident lawyer from our law firm can help you handle your case so you can recover the compensation you deserve from the at-fault party.
To learn more about determining fault in a Miami truck accident case, or to receive a free initial consultation, please contact the Law Offices of Anidjar & Levine today.
We Can Help.
