Miami 18-Wheeler Accident Lawyer
18-wheelers pose a significant risk to other vehicles on the road. Even some of the largest SUVs on the market are still only a fraction of the size and weight of some of these large trucks, and tractor-trailers have notoriously bad blind spots which increase the risk of serious 18-wheeler accidents. In many 18-wheeler accidents, the truck driver comes out with minor injuries, but the drivers and occupants of other vehicles involved in the crash may suffer serious injuries or death.
If you or a loved one was injured in a car accident involving a large truck, semi, 18-wheeler, or big rig, talk to an attorney today. Miami 18-wheeler accident attorney Prosper Shaked represents the victims of trucking accidents throughout South Florida. For a free consultation on your case, contact The Law Offices of Prosper Shaked today at (305) 960-0244.
Suing for a Tractor-Trailer Accident in Miami, FL
The federal government creates rules for the trucking industry through the Federal Motor Carrier Safety Administration (FMCSA). Whenever a truck driver or a trucking company violates these rules and causes an accident, the victim may be able to point to many of these rules to help prove the driver and trucking company were negligent.
These trucking regulations deal with requirements for the condition of the truck and the driver, as well as rules for how much time a driver can spend on the road.
The conditions for the truck place weight limits and equipment requirements to ensure that the truck can operate safely. Trucks cannot weigh more than 80,000 pounds without special permission. They must also be loaded evenly and safely, following rules for tie-downs and other things to secure cargo properly. The truck must be properly lit, have unworn tires, and follow other equipment requirements. There must also be regular inspections and maintenance following particular requirements. Failure to follow any of these rules can help show the trucker was negligent in causing the accident.
There are additional requirements for the health and well-being of the driver. It is illegal to work as a commercial truck driver in the US without having a doctor approve their health conditions and supply them with a card saying they are healthy. This means they cannot have sight or hearing problems, nor any issues with their limb control (e.g. a missing or disabled limb) or diabetes. There are other conditions such as sleep apnea which might not be subject to government regulation, but which may still make a driver too dangerous to work in this field. The driver must also be free of certain traffic offenses and other issues to qualify for a trucking license. Any failure to follow these rules can help prove the trucker was unsafe.
Lastly, there are “Hours of Service” requirements that limit how much time a driver can spend on the road. This gives them limits on how much they can drive at one time, how much they can drive in a single workday, and how much they can drive during a workweek. If either the driver or trucking company violates these rules, that could show the driver was dangerously overworked and tired when the accident occurred.
Even if the truck driver followed these rules, they can still be held liable for any accidents they caused by failing to check their blind spots, drinking and driving, or violating other traffic rules.
Compensation for Truck Accident Injuries
In most cases, you can sue the trucking company for a tractor-trailer accident their driver causes. In cases where the driver should have been fired because of prior drunk driving or traffic incidents, the trucking company might be responsible for wrongful hiring or wrongful retention. If the driver was performing their normal job duties for the benefit of their employer when the accident occurred, the trucking company may also be held vicariously liable for the accident.
When you file a personal injury lawsuit against the truck driver and their employer, the trucking company’s legal team may try to shut down your claim. Low settlement offers and complaints that you cannot sue in your situation may steer you away from filing your case in court. Because of this, it is important to have a truck accident attorney on your side who can help you fight against the big legal teams at these trucking companies.
If your case goes to court, you may ultimately be able to recover compensation for any harms you suffered as a result of the truck accident. This can include damages for medical expenses, lost wages, and pain and suffering. If you lost a loved one to a 18-wheeler accident, you may be entitled to even more substantial compensation for their suffering and your loss.
Miami 18-Wheeler Accident Victim Lawyer Offering Free Consultations
If you or a loved one was injured in a trucking accident in South Florida, talk to Miami 18-wheeler injury lawyer Prosper Shaked today. Prosper Shaked represents the victims of injury cases, including commercial truck accidents, and fights to get them and their family the compensation they need to cover their injuries and recovery. For a free consultation on your case, contact The Law Offices of Prosper Shaked today at (305) 694-2676.