Miami Semi-Truck Accident Lawyer
A truck accident can be a devastating experience for any family. Unfortunately, so many semi-truck crashes cause severe injury or death for the victim while the truck driver is often able to walk away from the crash. The Federal Motor Carrier Safety Administration (FMCSA) writes strict regulations to govern the trucking industry in an attempt to make trucking safer for others on the road. Many of these rules are violated – but when they are, the rules can become excellent tools to help hold the truck drivers and trucking companies legally responsible.
After a severe truck accident, it is important to talk to a lawyer. If you or a loved one faced severe injuries or you lost a loved one in the crash, Miami semi-truck accident attorney Prosper Shaked may be able to help. Call The Law Offices of Prosper Shaked at (305) 690-0024 any time day or night to set up a free consultation on your truck accident case and to learn more about what your case might be worth.
Suing Trucking Companies for Semi-Truck Crashes in Miami, Florida
Trucking companies are often liable for the injuries that their drivers cause. It makes sense that the employer would be held responsible for the actions of an employee. In many instances, Florida law allows victims to hold both the truck driver and the trucking company that hired them liable for any injuries and harms that stem from a truck accident. Florida has a “vicarious liability” rule that can hold trucking companies liable for the truck driver’s negligence, but there are also ways to hold the company directly liable for its own negligence.
Under a legal doctrine known as “respondeat superior,” a court can make the employer answer for injuries its employees cause. As long as the negligence occurred while the employee was performing their normal job duties for the benefit of their employer, respondeat superior rules state that the employer can be made to pay any damages stemming from the negligence. Since truck drivers are hired to operate the vehicles, perform certain routine inspections and maintenance, and load/unload the vehicles, any truck accidents that occur while they are driving would qualify under these rules and justify taking the trucking company to court.
In addition, the trucking company may make its own mistakes that you can seek direct compensation for. All trucking companies are required to follow federal and state trucking regulations. These may include maintenance requirements, equipment requirements, rules for who can qualify as a driver, and laws limiting how long a driver can work at a time (called “Hours of Service” rules). If a trucking company hires a driver with a history of DUIs, bad traffic offenses, or medical issues that make it dangerous to drive a truck, they could be held liable for negligent hiring or negligent retention of an employee. There are also well-documented cases where trucking companies have withheld paychecks and forced drivers to falsify driving logs to hide Hours of Service violations. Trucking companies also routinely overload their vehicles in violation of weight limits. The trucking company can be held directly responsible if any of these issues lead to your semi-truck accident.
Damages for Semi-Truck Accidents in Florida
After a car accident, you might think you are required to file through your car insurance. Since Florida is a “no-fault” insurance state, you may not be able to sue for your car accident injuries unless the case is worth more than $10,000 or deals with “permanent” injuries. Talk to an attorney before using your insurance or accepting damages from an insurance company, since you might be entitled to higher damages in court.
When filing a lawsuit for a truck accident case, you might be entitled to full compensation for medical expenses, lost wages, and pain and suffering. These medical expenses can fully cover the cost of any treatment that stems from the injuries you faced. That includes the cost of surgeries, doctor’s visits, follow-up appointments, medical imaging, rehabilitation, physical therapy, wheelchairs and ramps, and other related damages. If you missed work or are too injured to go back to work, your damages could fully include these missed wages. That means not only the wages you missed during your recovery but any wages you will miss out on in the future because of permanent injuries.
While some of these damages may be covered by insurance, pain and suffering damages and punitive damages are only available through a lawsuit. The damages for pain and suffering can be a large portion of the damages you receive, especially for severe injuries. Punitive damages (also called “exemplary damages”) are ordered by the court to punish the truck driver or trucking company. Especially if they routinely violated trucking regulations or committed serious negligence by intentionally disregarding these rules, a judge could order them to pay you additional money to punish their bad actions.
Call Today for a Free Consultation With Our Miami Semi-Truck Accident Attorney
Miami semi-truck accident lawyer Prosper Shaked represents the victims of large truck crashes and fights to get them the compensation they need. After being injured in a serious truck accident, it is important to talk to an attorney as soon as you can to ensure that your claim is preserved and filed on time. For a free consultation on your case, contact The Law Offices of Prosper Shaked today at (305) 690-0024.