Fatal Truck Accidents
Collisions with large, heavy commercial vehicles can be the most devastating crashes on the road, often leading to fatalities. The truck accidents at the Law Offices can compassionately assist Miami residents and other individuals who have lost a loved one to a careless driver. We are dedicated to making sure that families do not forgo their legal rights while they focus on dealing with their grief. Our firm aids people throughout Miami-Dade, Broward, and Palm Beach Counties in pursuing compensation from those responsible for an accident.Bringing a Wrongful Death Claim against a Negligent Driver or Company
A truck’s size alone can turn what might otherwise be an ordinary collision into a severe crash resulting in devastating injuries. If a driver is fatigued, excessively speeding to make a delivery on time, or otherwise engaged in a reckless action, these collisions may prove deadly. Studies have shown that the likelihood of a fatality increases significantly with each ton of a vehicle’s weight. In 2008, the National Highway Transportation Safety Administration reported that over 4,000 fatalities were due to accidents involving large trucks. Truck drivers, or their employers, often act negligently in causing these fatal accidents and should be held liable for their actions. Although it does not make up for the loss of a loved one’s life, pursuing a wrongful death claim against any responsible parties may at least ease a family’s financial burden and provide a sense of justice.
If your loved one has passed away as a result of a fatal truck accident, surviving family members may be entitled to damages in a wrongful death claim. Under Florida's Wrongful Death Act, children, spouses, parents, and other specified relatives can potentially seek compensation by showing that a defendant was negligent. To establish negligence, a plaintiff must prove that:
- The victim was owed a duty of care by the defendant;
- That duty was breached by the defendant’s actions;
- The breach was a proximate cause of the victim’s death; and
- There were quantifiable damages as a result.
Truck drivers owe all others on the road a duty to act as a reasonable and prudent person would behave under similar circumstances. As a result, a trucker operating a massive vehicle who speeds excessively, fails to engage in proper maintenance, or otherwise creates a dangerous environment may be held liable for any tragic deaths that result. Once negligence is shown, a plaintiff may be awarded damages such as medical costs, burial and funeral expenses, and loss of income or companionship.
Although legal action may be the farthest thing from your mind when dealing with the loss of a loved one, it can be vital to making sure your rights are protected. Florida’s statute of limitations for wrongful death claims is two years from the date of the victim’s death. Also, truck accidents carry with them a distinctive set of barriers to overcome. Many parties are often involved in the investigation of these types of accidents, including truck companies and insurance providers, who all may have their own agendas to follow. These types of situations create incentives for “spoliation,” which occurs when key evidence is altered or destroyed in an effort to hinder legal action. If spoliation is established, courts may issue sanctions against the responsible party.Explore Your Options with a Miami Lawyer after a Truck Accident
If you have lost a family member in a truck crash in Miami or the surrounding area, the wrongful death attorneys at the Law Offices can help you explore your options and seek proper compensation from the liable parties. Call (877) 499-4878 or contact us online for a free, no-obligation consultation to discuss your claim. We also represent residents of Fort Lauderdale and other South Florida cities.