Truck Accident FAQs

After any accident during which injuries are sustained, a victim first should seek immediate medical attention to assure that their needs are handled properly. Ideally, they also should talk to witnesses and others at the scene to make sure that evidence is preserved for any insurance claims or personal injury lawsuits that become necessary. Consulting a knowledgeable attorney following these actions may be beneficial in understanding and asserting your legal rights. The Miami truck accidents at the Law Offices of Robert Dixon can help address any of your concerns or questions if you have been involved in a collision with a big rig. Here you will find information regarding some of the most pressing issues that may be on your mind.

Multiple parties may be responsible for the injuries and costs that result from a collision. A driver, the driver’s trucking company employer, and a truck or part’s manufacturer may be liable for causing a crash. A negligent or reckless driver may be held liable for their behavior if it is shown that the driver failed to act as a reasonable and prudent driver would have acted under similar circumstances. A trucking company may also be held liable for a driver’s negligence if the driver was acting within the scope of employment at the time of the accident. Additionally, a truck crash may be a result of a defective part that a manufacturer was responsible for putting on the market.

Many different factors may lead to a truck accident. Often, fatigued drivers continue to travel to meet deadlines after long hours on the road, when they should be taking a rest break as required by federal regulations. Additionally, speeding, lack of training, and the improper maintenance or loading of a truck may cause an accident to occur. Overloading, poor driving weather, road hazards, and brake failures or defects may also lead to serious injuries.

In Florida, personal injury lawsuits, including those originating from a truck accident, must be filed within four years from the date of the injury. If a fatality occurs, family members have two years from a victim’s death in which to file a wrongful death claim.

Each case is different, and each victim may suffer different losses in the aftermath of a truck accident. Types of damages that may be awarded in a personal injury claim include medical expenses, loss of income, lost earning capacity, pain and suffering, and property damage.

Trucking companies and other parties involved in the industry have strong incentives to prevent lawsuits from being pursued. As a result, sometimes a party will intentionally lose or destroy evidence in order to avoid legal proceedings. This is termed “spoliation of evidence.” When spoliation is found, a court may issue sanctions against the offending party in the form of fines, adverse inferences, or even a default judgment.

If you have been injured in a truck accident, or a loved one has lost their life due to injuries sustained in a collision, the Miami truck accident attorneys at the Law Offices of Robert Dixon are available to discuss your legal options with you and explain the scope of your rights. Call 877.499.4878 or contact us online to see how our motor vehicle collision attorneys may assist you. We offer free initial consultations to people in Miami, West Palm Beach, and other cities in Miami-Dade, Broward, and Palm Beach Counties.