It can be rather challenging to obtain the right compensation for injuries sustained during a truck accident. It is typical for insurance settlements to be rather complicated in big rig accidents and the insurer is going to do their best to keep the payout as low as possible.
One of the primary reasons that Miami truck accident claims seem to be much more complicated is the fact that these accidents tend to lead to more severe injuries and property damages. With this in mind, a large truck accident claim is going to be rather expensive. Of course, an adjuster is going to do whatever they can to deny any claim or minimize the value of the case.
Another issue with large truck accident settlements is the fact that a number of parties may be held responsible for the accident. In some cases, this can include the driver, the owner of the truck, the loading company that packed the truck, or the company that manufactured the freight being carried on the truck. All of these parties have a direct interest in denying any responsibility and their attorneys and insurance parties are going to try and protect their bottom line.
If you have a number of mounting bills and medical expenses, you might jump at a truck accident settlement. Many insurance companies know that the victims of serious large truck accidents are willing desperate and willing to settle. They will often use this to their advantage and offer very low settlement hoping to end negotiations as quickly as possible.
However, these types of settlements will rarely help individuals in the long term and may actually end up being the wrong choice. Whether you are planning to settle or take it to trial, it is always wise to have the assistance of a Miami large truck accident lawyer on your side throughout the process to help find compensation for:
- any medical bills that would be related to any injuries
- past and future physical impairments
- the general costs of prescriptions, medical equipment, rehabilitation, and in-home care services
- various services related to medical treatment such as transportation
- the average loss of income as well as future income
- general pain and suffering from the accident
- emotional trauma, mental anguish, and PTSD
- the loss of time and enjoyment with loved ones and regular activities
At Beharry Law Firm, we have one goal and that is to help victims of crashes while making the roads of Miami Dade and surrounding areas safer for everyone. This is a passion that drives every case that they take. You can count on us to:
- give you a much better understanding of your case
- take the time to find out the actual cause of the crash
- identify all possible sources of compensation
- discuss the situation with a number of experts including an accident reconstruction specialist
- help you understand and manage a number of important documents
- take measures to collect and care for evidence in the case
- discuss the situation with the other parties on your behalf
- employ proper and powerful negotiations to ensure a full insurance settlement
- take your case to court and argue for your best interests if a proper settlement is not reached
Please feel free to contact us today to find out how we can help you. We will provide a free consultation in which we will discuss all of your options and rights.
We can not stress how essential a lawyer is after a truck accident. There are many regulations in the trucking industry, which is one of the reasons why these cases are so much more complex. Below are just some of the more complicated aspects of negotiating through a truck accident claim.
Various Parties Involved In The Situation
There are a number of moving parts involved with any trucking company. When there is an accident, there can be a number of responsible parties for the damages. Some of these parties can be held liable for the accident including:
- The actual company that has hired the driver.
- The company who owns the truck.
- Of course, the driver of the truck.
- The company that manufactured the freight that was being transported on the truck.
- The loading company that placed the materials onto the truck.
- The original manufacturer of the truck.
- The manufacturers of specifics parts that have been placed on the truck.
It can be rather difficult to deal with just one individual in the case of an accident. However, when several individuals or entities are involved, it becomes even more complex and difficult.
Prepare For Aggressive Defense Manuevers
You should never expect any insurance company to offer a fair settlement after an accident. Each of these individuals and their insurance carriers are going to try and protect their bottom line and minimize their financial losses. These trucking companies and interested parties are going to employ a number of tactics to find a variety of reasons in which they do not owe you anything for your pain, damage, and suffering.
A Number Of Complex Regulations
You may feel as though you have some responsibility for the accident, but you should never admit this. Commercial trucks are highly complex vehicles that move through the roads under a set of complex rules and regulations. The drivers as well as their companies must adhere to these rules, which can include how many hours they are allowed to be on the road to the types of cargo they are allowed to carry.
The Federal Motor Carrier Safety Administration has developed these regulations in an effort to keep everyone on the roads safe. There are an extensive set of regulations which include:
- Proper driver qualifications
- Fully operational truck
- Correct amount of vehicle insurance
- Proper vehicle maintenance
- Regular safety inspections of vehicle
- Investigations about past accidents
- Necessary repairs on vehicle
- Proper weight distribution
In many cases, a long and thorough investigation will need to be conducted to determine the factors of the accident. A proper lawyer will be able to investigate the accident and decipher all of the evidence to come to a thoughtful conclusion.
It is not as easy as it may seem to prove that the trucking company or driver is at fault for the accident. In fact, there are two major factors that will help to prove liability in a truck accident.
The Investigation
A thorough investigation is going to help reveal the underlying cause of an accident. However, the investigation team of the trucking company is often going to find information that is not favorable to you. Remember the insurance company is only there to protect their client and save as much money as possible. There are some accidents that will be investigated by state and federal authorities, however, these are mainly to decide if a traffic violation was committed, not to help you with your case for compensation.
With this in mind, it is essential to discuss your options with someone who is on your side and willing to look for things that will help you. In addition, evidence can easily be lost or misplaced from the scene. An experienced lawyer is going to take all of the steps that are needed to help protect and preserve the evidence.
Evidence
In most cases, the trucking companies will hold a massive amount of data that will help to explain some of the factors that lead to an accident. Your lawyer will be able to take steps to obtain this vital evidence which can include:
- Records of inspections and regular maintenance
- Personal information on the employee
- Records of violations or complaints
- Vital black box data from the truck
- The logbook belonging to the trucker
- Accident report from the police
- Internal accident reports
- Results from alcohol and drug testing
In addition, our personal accident lawyer has the ability to interview witnesses who may have witnessed key moments from the event. In some instances, they may actually hire expert witnesses to explain specifics from the accident or injuries you may have sustained.
The physical evidence collected from the scene of an accident can also help to illuminate the possible cause. Additionally, there may be photos or videos of the accident that will help to paint a much more vivid picture of what actually happened. Our lawyer will be able to find out if there are any traffic or security cameras in the area that may have filmed the event, which can be illuminating evidence.
An experienced lawyer is going to know what to look for in terms of evidence that is going to further your case along.
Every state in the United States has specified limitations on how long you have to file for specific lawsuits. These guidelines are known as a statutes of limitations. In the state of Florida, the statute of limitations for personal injury lawsuits is maxed at four years. This would mean in are involved in a large truck accident and are unable to reach a suitable settlement, you would have four years from the date of the accident to file a personal injury claim. However, there are situations where the time limit can be less than four years, in which case you should contact an attorney as soon as possible.
We understand that four years sounds like a good amount of time. However, you must consider how long it will take you to recover from any injuries and begin to form a case as well as go through initial settlement negotiations. You will also want to act as quickly as possible while evidence and witnesses are available and you have access to many legal options.
A reputable Miami truck accident lawyer can begin to work on your case as soon as you are ready. You can contact us today for a free review of your case.
A commercial vehicle can easily weigh upwards of 80,000 pounds! If they are not being driven in the proper regard, this can be cause for great alarm. In many cases, it is the negligence of the driver and trucking company that create disaster for an innocent victim.
The most common cause of accidents involving large trucks include:
- Negligent supervision or hiring
- Lack of on the job training
- Speeding
- Too many distractions
- Driving while exhausted or fatigued
- Inadequate inspection and maintenance
- Following far too close to other vehicles
- making turns in an unsafe manner
- Under the influence of drugs or alcohol
- Not following the regulations of the road
- Driving with an incorrectly loaded load
There are a number of parties who can be held negligent in a collision involving a commercial truck and are all held legally responsible. Depending upon the specific circumstances of the accident, one or more parties may be held liable.
We have found that there are a number of reasons in which collision with large trucks occur in and around the Miami area. Some of the most common causes of these collisions include:
- Truckers who are intoxicated or under the influence of drugs, or simply drive in a reckless manner.
- A number of truckers who disregard traffic laws and common regulations of the road.
- The trucking companies that hire individuals who are unfit to drive a commercial vehicle.
- Trucking companies that do not properly train their supervisors or drivers.
- Companies that neglect their equipment and fail to do regular maintenance.
- Cargo manufactures who simply do not warn about hazardous materials.
- Loading companies that pack way more than they should onto trucks.
- Truck manufacturers that sell and distribute defective parts.
