Injured Truck Passengers
Truck drivers owe all road users, including their passengers, a duty to drive in a responsible manner. When a driver breaches this duty, leading to a passenger’s injuries, he or she should be held accountable, as should any other party that may have contributed to a victim’s harm. Rental truck drivers are particularly susceptible to being careless behind the wheel. However, any truck driver, trucking company, or a manufacturer of a defective part may be liable when they act negligently. The Miami truck accident attorneys at the Law Offices of Robert Dixon help injured truck passengers, as well as families of loved ones who have lost their lives. Robert Dixon and his staff offer experienced legal representation for residents of Broward, Miami-Dade and Palm Beach Counties. If you’ve been injured or a loved one has passed away in a South Florida trucking accident, please contact our office today to set up a free consultation to discuss your legal options.Common Causes of Truck Passenger Injuries
Many times, it is a truck driver’s careless or reckless actions that can cause an accident and injure passengers. Some common situations giving rise to injury, and often indicating negligence, include:
- Distracted driving practices including texting, navigational equipment use, or eating. All of these activities cut down a driver’s reaction time when there are changes in traffic patterns or hazards in the road.
- Lack of experience, either as a truck renter or due to inadequate training by a trucking company. Oftentimes an inexperienced driver is not equipped to handle the size and weight of such a large vehicle.
- Driving while under the influence of drugs or alcohol.
- Speeding, which many drivers are prone to do when trying to accomplish on-time deliveries and other tasks.
Defective equipment, such as faulty brakes or tires, can also lead to a crashes and injuries to both truck drivers and their passengers. In the aftermath of a truck accident, it is important to consult a lawyer as soon as possible who can help you determine what happened and who may be liable for your harm.Who’s Responsible When Injured Truck Passengers Seek Damages
Depending on the circumstances, one or more parties may be accountable for contributing to a passenger’s injuries in a truck accident. Truck drivers are often found to have acted negligently behind the wheel. Negligence exists where a driver breaches his or her duty to act as a reasonable and prudent person would under similar situations, causing injury and resulting in damages. For instance, a truck driver who takes a sharp corner without slowing to a safe speed, causing the truck to rollover and injure a passenger, can be found to have acted unreasonably. A trucking company employer can also be held responsible, either through vicarious or direct liability. Vicarious liability refers to holding an employer responsible for negligent actions taken by an employee that are within the scope of employment, such as when a driver skips a rest break because he or she is pressured to make a delivery on time, and gets into an accident due to fatigue. Direct liability refers to a negligent act performed by the company itself, like failing to do proper background checks on its drivers and thereby hiring a driver with a bad driving record or convictions for driving under the influence. Manufacturers can also be held strictly liable for defective parts that cause accidents and injuries. If you were a passenger injured in a truck accident, you may be entitled to compensation for medical expenses, lost income, loss of earning capacity, or pain and suffering. Certain family members may also pursue a claim under Florida’s Wrongful Death Act on behalf of a relative who has died as a result of a fatal truck collision in order to recover damages for burial or funeral expenses, as well as loss of consortium.Truck Accident Lawyers Serving Miami Area Residents
Many questions arise in the aftermath of a truck accident as victims try to heal from their injuries and try to determine how they can afford that recovery. Injury attorney Robert Dixon and his staff at the Law Offices of Robert Dixon can help answer those questions and assist you throughout the legal process. Please call (877) 499-4878 or contact our office online to schedule a free, no obligation consultation about your potential claims as an injured truck passenger. We assist clients throughout South Florida communities including West Palm Beach, Miami, and Fort Lauderdale.