Unsafe Driving/Driving Too Fast for Conditions

Truck drivers are often in a hurry to meet their delivery deadlines. Some drive above the speed limit or in other unsafe manners given the road conditions and size of their loads. This behavior can lead to serious collisions and injuries for others on the road. If you’ve been injured as a result of a truck driver’s unsafe driving, the Miami truck accident attorneys at The Law Offices of Robert Dixon can help you seek compensation. Assisting clients in Miami-Dade, Broward, and Palm Beach Counties, our seasoned attorneys have the knowledge and skill to pursue your claims.

Trucking companies expect their drivers to meet certain strict deadlines in delivering their cargo, and those expectations can force drivers to rush. The incentive to gather more miles is also prevalent in the trucking industry, since truck drivers are often paid based on mileage. Given these circumstances, many drivers will speed, even when faced with treacherous weather or hazardous road conditions. Since South Florida is known for its severe afternoon thunderstorms, speeding trucks can be especially dangerous when rushing to meet deadlines. In 2012, the National Highway Traffic Safety Administration found that over 15 percent of truck drivers involved in fatal accidents had at least one previous speeding ticket. Speeding, distracted driving, careless driving, and inclement weather conditions all contribute to over one-fourth of serious truck accidents.

To recover damages for injuries sustained in a truck collision, the victim must show that one or more parties were negligent and caused the accident. To prove negligence, the victim must show:

• The defendant breached a legal duty of care owed to the victim;
• The defendant’s breach caused the victim’s injury; and
• The victim sustained damages as a result.

A trucker driving too fast for the conditions on the road, or driving in some other unsafe manner, has often engaged in negligent behavior. In Florida, all drivers are required to drive at a reasonable and prudent speed, based on weather as well as road conditions, and they must be mindful of actual or potential hazards. A truck driver who fails to act in a reasonable way, and who operates his large vehicle in an unsafe manner given the circumstances, may be liable for accidents that occur as a result.

The company that employs the driver also may be liable for accidents that occur as a result of the driver’s negligent actions if they are taken in the scope of his or her employment. An employee acts in the scope of employment if the action is a requirement of the job, occurs during the time of employment, and is taken to assist the employer. Thus, a truck driver speeding to meet strict deadlines imposed by his or her employer is often found to be acting in the scope of his or her employment. Since each situation is different, it’s important to consult with an attorney who is knowledgeable about the trucking industry and these specific types of accidents.

Being involved in a truck crash brings with it a host of unique issues not at play in a typical car accident. For one, the trucking industry is overseen by both federal and state agencies, which have strict regulations regarding drivers, trucking companies, and their vehicles. Additionally, after an unsafe driving accident, the various parties may scramble to conduct their own investigations. This could lead to “spoliation” of the evidence, which occurs when important evidence is altered, destroyed, or simply lost in an effort to thwart claims.

An accident that results from truck drivers driving too fast for conditions can cause devastating injuries. The fast speed combined with the size of a truck can sometimes even be lethal. Victims of such crashes may sustain damages for past and future medical expenses and lost income, as well as pain and suffering. In the tragic event that unsafe driving leads to the death of a loved one, family members may have a wrongful death claim. Because of the additional issues involved in these types of accidents, it is vital to discuss them with an experienced attorney.

If you or a family member has been injured due to a truck driving too fast for conditions, or otherwise engaging in unsafe behavior, the Miami truck crash attorneys at The Law Offices of Robert Dixon are here to help you with your claim and pursue the compensation that you deserve. Please call 877.499.4878 or contact us online for an initial consultation at no cost to you.