Being involved in a collision involving a massive commercial vehicle may alter the way you live on an everyday basis. The size and weight of trucks can cause devastating harm to other people on the road who are struck by them. Often, a big rig crash is caused by the carelessness of a commercial driver in executing a certain maneuver that he or she should be able to perform safely. The knowledgeable truck accidents at the Law Offices assist individuals in Miami and the surrounding cities who have been hurt as a result of a trucker’s or trucking company’s negligence.Holding a Negligent Driver Accountable for an Override Accident
One of the most devastating types of collisions involving a big rig is an override accident. This happens when the front of a truck runs over another vehicle, such as a car or motorcycle, in front of it. People who are struck from behind by a tractor-trailer unfortunately may suffer devastating injuries, such as brain trauma, spinal cord damage, and multiple fractures. In most instances, these accidents could have been avoided if the trucker had been using reasonable care.
A person who has been harmed by a careless driver may try to assert his or her right to compensation by showing that the driver acted negligently. Negligence is established by showing that the victim was owed a duty of care by the defendant and that the defendant did something that fell short of the appropriate standard in the situation. The breach also must have directly resulted in the accident, which could not have happened if the defendant had not acted carelessly. The plaintiff must identify actual damages that he or she incurred because of the accident.
A commercial driver or anyone else who is operating a motor vehicle owes a duty of care to people in the vicinity to act reasonably under the circumstances. Failing to yield at an intersection, neglecting to observe the proper following distance on a freeway, or falling asleep behind the wheel are all common examples of negligent conduct that may result in an override accident. If the trucker was acting in the course and scope of his or her employment, such as driving the big rig on business, the company that employs the driver also may be held vicariously liable for the crash.
Under Florida’s statute of limitations, most personal injury lawsuits must be filed within four years from the date of the accident. Damages that may be available include loss of income or earning capacity, property damage, medical bills, the costs of future treatment, and pain and suffering. Even if a victim is partially at fault for an accident, damages may still be available. Since Florida follows a pure comparative fault theory of negligence, you may be entitled to damages proportionate to the defendant’s degree of fault. For instance, even if you were found 30 percent responsible for causing the accident, you may still be able to recover up to 70 percent of your costs and losses from a defendant.Seek Legal Representation after a Motor Vehicle Collision in the Miami Area
If you have been involved in a motor vehicle collision caused by a careless truck driver, the Miami attorneys at the Law Offices can assist you in seeking the compensation you need. Our firm has the experience to pursue a legal claim on your behalf while you focus on recovery. We also represent injured individuals in the Fort Lauderdale area and throughout Miami-Dade, Broward, and Palm Beach Counties. Call (877) 499-4878 or contact us for a free, no-obligation consultation about your case.