Pedestrians and Cyclists Hit by Trucks
Even when they are protected by the safety of a vehicle, being involved in a collision with a truck can lead to significant injuries for victims. When a pedestrian or cyclist is hit by a truck, the harm caused by these massive vehicles can be even more devastating. The Miami truck accident lawyers at the Law Offices are dedicated to holding those responsible for a victim’s injuries legally liable. We work tirelessly to figure out who caused an accident, fighting to ensure that our clients’ legal rights are protected and asserted so that they may receive proper compensation for their injuries.
Our firm represents residents of Miami-Dade, Broward, and Palm Beach Counties, as well as people elsewhere in South Florida. We are experienced in personal injury and wrongful death cases arising from a truck driver or company’s negligence. If you have been injured or have lost a loved one due to a truck accident, contact our office today to schedule a free consultation to find out more about your legal rights and options.Legal Recourse for Pedestrians and Cyclists Hit by Trucks
Given a truck’s size, shape, and multiple blind spots, pedestrians and cyclists are at a greater risk of injury when sharing the road, especially when any party is acting carelessly. Cyclists and pedestrians can exercise certain caution and take measures to decrease their likelihood of being hit by a truck, such as keeping out of any blind spots, not attempting to pass a truck, and not traveling too closely in front of or behind a truck. However, when a truck driver hits a cyclist or pedestrian, despite the best efforts on their part to remain safe, that driver can be held liable for the injuries that result.
Both pedestrians and cyclists have a right to share the road with vehicles. Additionally, drivers have a duty to act reasonably when behind the wheel. When a driver breaches that duty, causing another person’s injuries, as well as damages, they can be found negligent. When a crash occurs while the driver was acting within their scope of employment, an employer trucking company may also be held vicariously liable for the driver’s negligent acts. If liability is shown, victims may be awarded damages for all of their past and future medical expenses, pain and suffering, lost income, and diminished earning capacity.
When a cyclist or pedestrian dies after being struck by a negligent truck driver, certain family members may file a wrongful death claim pursuant to Florida’s Wrongful Death Statute. These relatives can be reimbursed for a victim’s medical expenses incurred while they were still alive, as well as burial costs and loss of consortium damages. One issue that can arise in a truck accident case is that of spoliation, which occurs when evidence is altered, destroyed, or otherwise lost in order to thwart a victim’s litigation efforts. When spoliation is found, a court may issue sanctions against an offending party in the form of evidence exclusion, adverse inferences, or other remedies. Florida’s statute of limitations requires that wrongful death claims be brought within two years of a victim’s death, while victims have four years in which to file a personal injury lawsuit.Retain a Knowledgeable Truck Accident Attorney in the Miami Area
Trying to determine what led up to a truck accident involving a pedestrian or cyclist can involve a detailed investigation and collection of evidence, such as a truck’s black box data, a driver’s history, and a trucking company’s business practices. Consulting an experienced Miami lawyer at the Law Offices can be vital in preserving your rights in court. If you were a pedestrian or cyclist hit by a truck, or if you lost a loved one in a fatal collision, call (877) 499-4878 or contact us online today to schedule a free consultation to learn more about how we can help. Our attorneys represent people in Miami, Fort Lauderdale, West Palm Beach, and other South Florida cities.