Sharing the road with truck drivers in Coral Gables always comes with risks. Any mistake a truck driver makes can have catastrophic consequences – usually for the driver of the smaller vehicle.
If you or a loved one has been involved in a car accident with a semi-truck, a Coral Gables truck accident lawyer at Steinger, Greene & Feiner is here to help. Although every truck accident case is different, we pride ourselves on our successful track record with years of experience serving our clients. We’re confident we can put our legal knowledge to work serving you, too.
When you’re a victim of a truck accident, you shouldn’t have to worry about how you’re going to pay for damages, medical bills, injuries, and lost wages on your own. Call us today at (786) 220-2990 or contact us online to schedule a free consultation to see what we can do to help you.
What Causes Truck Accidents in Coral Gables
Truck accidents in Coral Gables often result from a variety of factors unique to the area, including driver fatigue, distractions, mechanical failures, and challenging road conditions. Knowing these causes can be helpful if you’ve been affected by a truck accident.
- Driver Fatigue
Driver fatigue is one of the most common causes, as truck drivers often work long hours under tight deadlines. Despite federal regulations limiting driving hours, some push these limits, increasing the risk of accidents. This fatigue becomes even more dangerous at city busy intersections, such as those along LeJeune Road and Ponce de Leon Boulevard. - Distracted Driving
With Coral Gables being a popular tourist destination, truck drivers unfamiliar with the area often rely on GPS devices or maps while driving. Even a brief distraction can lead to severe accidents, especially in pedestrian-heavy zones like Miracle Mile, where a single lapse in focus can cause rear-end collisions or sideswipes. - Mechanical Failures
Mechanical issues, such as brake failures or tire blowouts, frequently contribute to truck accidents on high-traffic routes like U.S. 1. Federal and state regulations require trucking companies to maintain their vehicles, but when these standards are not met, the risk of rollovers and jackknife incidents increases significantly. - Poor Road Conditions and Limited Space
Streets not designed for heavy truck traffic often force trucks into situations where they’re more likely to clip other vehicles, struggle with wide turns, or face difficulty braking in time on congested roads. - Speeding and Aggressive Driving
To stay on schedule, some truck drivers speed or drive aggressively, especially on routes like Coral Way, where delays are common. High speeds make it difficult for trucks to stop in time and increase the chances of severe collisions when navigating tight turns or intersections.
What to Do After a Truck Accident
As with any automobile accident, it’s important to first assess any injuries and call an ambulance if anyone is critically injured. After that, call the police. An officer will file a police report with information about the accident and all parties involved, including statements from you, the other driver, and any eyewitnesses.
However, you shouldn’t just leave it up to the police to gather evidence at the scene of the accident. You can also gather evidence, taking photos to document any damages to your vehicle, roadway conditions and markings, injuries, and the other vehicle.
Finally, don’t forget to write down the contact and insurance information of the other driver, as well as any contact information from witnesses. Call our Coral Gables personal injury law firm at (786) 220-2990 or visit our office in person: 120 Aragon Ave, Coral Gables, FL 33134.
Should You Accept a Settlement?
If it’s clear that the truck driver is to blame for the accident, the driver’s insurance company or the insurer representing the trucking company may begin negotiating a settlement.
An experienced personal injury attorney knows how insurance companies try to shortchange accident victims. Your lawyer will work to ensure that you receive the legal compensation you deserve.
We know from firsthand experience that insurance companies – even your own – are not your friend. Their ultimate goal is to get you to settle for as little as possible. Too often, truck accident victims agree to a low settlement in an effort to put the case behind them and move on with their lives as quickly as possible.
However, losing the compensation they need to cover medical expenses and damages to their vehicle hurts them in the long run. That’s why it’s important that you never sign anything until a truck accident attorney has looked it over.
An experienced attorney at Steinger, Greene & Feiner can negotiate with the insurance company on your behalf to make sure you receive a fair settlement. If you and your insurance company cannot agree, your case will go to court.
Common Types of Truck Accidents in Coral Gables
Since truckers often drive long hours, it’s always possible that a trucker is driving drowsy or distracted. One mistake or lapse in concentration can prove disastrous.
There are a few types of truck accidents that tend to be more common than others. A truck accident attorney will review your case and determine your legal options in one of these scenarios:
- Jackknifing: The driver brakes too hard too quickly, causing the cab to fold backward against the trailer of the truck
- Rollovers: A truck goes too fast around a curve, causing it to topple over
- Sideswipes: A truck changes lanes, hitting another driver traveling in its blindspot or forcing that driver off the road entirely
- Wide turns: a truck makes a wide turn, hitting a driver in the opposite lane
- Rear-end collisions: Trucks take longer to brake than smaller vehicles, which means that the need to make a sudden stop can cause the truck to hit the car in front of it
- Mechanical failure: If the brakes give out or a tire blows, the trucker may lose control of the vehicle
Common Injuries in a Truck Accident
When one of the above situations happens, the truck’s enormous size means that serious or even fatal injuries are highly likely. Some of the most common types of truck accident injuries include:
- Spinal cord injuries: These are serious and can cause temporary or permanent paralysis
- Back and neck injuries: Common injury due to the body being thrown violently forward during a collision (known as whiplash)
- Head injuries: Concussions and traumatic brain injuries (TBIs) can range from mild to severe with lifelong repercussions
- Broken bones: Broken bones in the face, ribs, wrists, arms, and legs are common and can lead to secondary complications
- Wrongful death: If the truck driver was at fault in the wreck, he may be held liable for wrongful death damages, including medical expenses, funeral bills, and more
Compensation You Are Entitled to After a Truck Accident
After a truck accident, you may be entitled to both economic and non-economic compensation, covering a range of damages to help you recover financially and emotionally.
Economic Damages
Medical Expenses
Covers all accident-related medical costs, including emergency care, surgeries, rehabilitation, and future medical needs. Keep thorough records of all treatments and bills to strengthen this part of your claim.
Lost Wages and Future Earnings
If your injuries prevent you from working, you can claim lost income. For long-term or permanent injuries, compensation may also include future lost earning potential, calculated based on factors like age, career, and injury severity.
Property Damage
You are entitled to compensation for repairs or replacement of your vehicle and other property damaged in the accident. If damages exceed insurance limits, additional claims may be filed against responsible parties.
Wrongful Death
If a loved one was fatally injured, eligible family members can seek compensation for funeral expenses, loss of financial support, and the emotional impact of the loss.
Non-Economic Damages
Pain and Suffering
Compensation for physical pain and emotional distress resulting from the accident, covering the impact on your quality of life, mental health, and daily activities.
Loss of Enjoyment of Life
If injuries prevent you from participating in hobbies or activities you previously enjoyed, you may seek additional compensation for this loss.
Document all medical treatments, income losses, and property damage. Consulting a knowledgeable lawyer early can help you identify all available sources of compensation, ensuring that you recover the full amount you’re entitled to.
Laws and Regulations in Florida Trucking Accidents
Florida has specific laws and regulations governing the trucking industry, designed to protect both drivers and pedestrians on the road. If you’ve been injured in a trucking accident, these regulations play a significant role in determining liability and the compensation you may be entitled to.
Federal Hours-of-Service Rules
Truck drivers are required to comply with federal hours-of-service (HOS) rules, which limit how long they can drive without rest. Under these rules, truckers can drive a maximum of 11 hours after 10 consecutive hours off-duty, intended to reduce the risk of accidents caused by driver fatigue. When a trucking accident occurs, examining the driver’s logbooks and electronic logging devices can reveal whether HOS violations contributed to the crash. Violations are serious and can make the trucking company liable for damages.
Maintenance and Inspection Standards
Florida law, in line with federal regulations, requires trucking companies to routinely inspect, repair, and maintain their vehicles. Brake failures, tire blowouts, or steering issues are common factors in truck accidents, often resulting from inadequate maintenance. In cases involving mechanical failures, maintenance records are crucial evidence. If a truck is not properly maintained, both the driver and the trucking company may be held liable.
Weight and Load Regulations
Improperly loaded or overweight trucks pose a higher risk of rollovers, jackknifing, and braking issues. Florida enforces strict weight limits to ensure safe vehicle handling, especially on highways and bridges. These regulations require that cargo is evenly distributed and properly secured. Violating these standards can result in hefty fines and, if an accident occurs, add liability to the trucking company or the party responsible for loading the truck.
Florida’s Comparative Fault Rule
In Florida, liability for damages in a trucking accident is based on the concept of modified comparative fault. This means you may still recover compensation even if you are partially at fault, as long as your share of fault does not exceed 50%. For instance, if a truck accident partially resulted from your actions (such as sudden lane changes), your compensation may be reduced according to your percentage of fault. However, if you are less than 50% at fault, you are entitled to pursue damages from the other parties involved.
Statute of Limitations
Florida law recently adjusted the statute of limitations for personal injury claims, reducing the time frame to two years from the date of the accident. This shortened period applies to trucking accident claims as well. Failure to file within this window can bar you from recovering compensation, making it essential to act swiftly. If you’re injured, consulting a lawyer as soon as possible can ensure all legal requirements are met within the designated timeframe.
Trucking accidents involve unique regulations and multiple liable parties, including the driver, trucking company, and potentially the cargo loaders.
Who is Liable for Paying the Victim in a Truck Accident Case?
In truck accident cases, liability may fall on multiple parties, each potentially responsible for compensating the victim. Unlike typical car accidents, truck accidents often involve not only the driver but also the trucking company and, in some cases, other entities.
- The Truck Driver and Trucking Company
If the truck driver’s actions, such as speeding or distracted driving, caused the accident, the driver could be held liable. However, under Florida’s vicarious liability laws, trucking companies are usually responsible for their drivers’ actions when on duty. If the company encourages unsafe practices or fails to maintain the truck properly, it may bear further liability. - Cargo Loaders
Improperly loaded or unbalanced cargo increases accident risk, making the cargo loading company liable if their negligence led to the accident. This includes violations of federal load weight and securement standards. - Manufacturers and Maintenance Providers
If mechanical failure, like brake or tire issues, contributed to the accident, liability may extend to the truck’s manufacturer or the maintenance provider responsible for upkeep. - Insurance Companies
Florida requires trucking companies to carry high liability insurance. However, insurers often aim to reduce payouts, offering settlements that may not cover all losses. Working with a lawyer ensures fair compensation that truly reflects your medical bills, lost wages, and other damages.
If you’re injured in a truck accident, collect evidence like photos, police reports, and witness statements. An experienced attorney can identify all liable parties and pursue full compensation from each responsible source.
Get Experienced Legal Representation from a Truck Accident Lawyer Coral Gables
Were you or a loved one recently involved in a truck accident in Coral Gables where the other driver was at fault? Truck accidents are far more complex than car accidents often involving multiple parties, and due to the unique regulations governing the trucking industry, the significant weight and impact of large commercial trucks, and the higher levels of insurance coverage involved. These cases often demand specialized knowledge to handle intricate details like federal safety requirements, electronic logbooks, and vehicle maintenance records—all factors that can play a critical role in proving liability.
You shouldn’t have to shoulder medical expenses and damages alone while you focus on recovery. Let an experienced truck accident attorney from our team at Steinger, Greene & Feiner navigate the complexities for you. We’ll work tirelessly to secure the compensation you need and ensure all aspects of your personal injury case are thoroughly addressed.
Call us today at (786) 220-2990 or contact us online to schedule a free consultation. Find out more about the cases we’ve handled successfully as well as the knowledge and resources we can bring to your unique situation. You don’t pay us unless we win your case, so call us today. Our Coral Gables personal injury lawyers are here to help!