Miami Truck Accident Attorney

As a major tourist destination and home to over three million local residents, Miami is as popular a place to visit as it is to call home—which means it can also be a dangerous place to drive. If you’ve been in a truck accident on US-1 or any of Miami’s crowded roads, it’s important to consult with an truck accident lawyer in Miami immediately. You may be entitled to compensation resulting from your injuries and other damages incurred.

Truck accidents present unique legal complexities and pose severe damages for those involved—especially when compared to car accidents—making timely legal consultation imperative. At Steinger, Greene & Feiner, we know how to navigate these intricacies like we do Miami’s roadways. We put our knowledge to work for you, securing the maximum compensation and justice you deserve during your time of need.

Why Are Truck Accidents So Severe?

While commercial truck accidents make up a smaller percentage of overall traffic incidents in Miami, their consequences are often far more severe. Nationally, truck accidents accounted for 9% of all fatal crashes in 2022, and for 5% of all injury and property-damage MV crashes, despite trucks making up only 4% of registered vehicles according to NHTSA Report. In Florida, there were over 32,000 commercial vehicle accidents in 2023, with truck-related fatalities rising by 13% from 2022 to 2024 according to Florida Department of Highway Safety and Motor Vehicles.

The disparity in vehicle size contributes significantly to the severity of these accidents. According to the Federal Motor Carrier Safety Administration (FMCSA), fully loaded commercial vehicles can weigh up to 80,000 pounds – 20x the weight of the average passenger vehicle. This substantial weight difference is a key factor in the often devastating outcomes of truck-passenger vehicle collisions. Survivors of these incidents frequently sustain severe or permanent disabilities.

From a legal standpoint, claims arising from truck accidents typically involve higher compensation amounts due to the extensive nature of injuries sustained by victims. The comprehensive nature of these claims reflects the profound impact that truck accidents can have on victims’ lives. For this reason, choose a lawyer like Steinger, Greene & Feiner who specializes in MV accident law, as this increases the probability of securing fair and total compensation.

What to Do After a Truck Accident

Your safety is the top priority after a truck accident. Call 911 or the Miami Police Department, and seek medical attention immediately, even if your injuries seem minor. A medical report is crucial for documenting your injuries for any potential claims.

Afterward, consult a trusted truck accident injury lawyer who can help you gather evidence and build a strong case. Use your phone to record eyewitness accounts, take videos of the accident scene, and photograph any injuries. Make sure to exchange contact and insurance details with other drivers involved.

Avoid admitting fault or discussing the accident with anyone but your lawyer. Never post about it on social media, as opposing counsel may use this to weaken your case. Your conversations with your attorney will remain confidential, ensuring you’re fully protected throughout the process.

At Steinger, Greene & Feiner, we are committed to fighting for your rights and securing the compensation you deserve.

Common Causes of Truck Accidents

While human error is a factor in almost any type of accident, certain aspects of the trucking industry contribute to increased risk, making large truck crashes especially dangerous. Common causes of truck accidents in Miami include:

Driver Fatigue: The pressure on truck drivers to meet deadlines often leads to extended driving hours, compromising safety despite federal regulations mandating rest breaks.

Distracted Driving: Long hours on the road can lead to attention-diverting activities such as texting, watching media, or daydreaming.

Impaired Driving: The use of substances to combat fatigue, including prescription, over-the-counter, or illicit drugs, can impair decision-making and response times.

Equipment Malfunctions: Inadequate vehicle inspections or failure to address mechanical issues can lead to accidents. In cases of defective equipment—components like tires, brakes, and lights – manufacturers may be held liable for the accident.

Speeding and Reckless Driving: Especially given the size and weight of commercial trucks, speeding makes it harder to stop suddenly and increases the risk of accidents.

Poor Weather Conditions: Inclement weather makes the road more slippery than normal and reduces visibility, further increasing the risk of accidents.

Oversize Truck Load: When a truck carries an oversize load without the proper permits, precautions, or securing mechanisms, it can increase the risk of accidents. Such loads can affect the truck’s stability, braking distance, and maneuverability, especially when traveling on narrow or congested roads, making accidents more likely.

Inexperienced or Inadequately Trained Drivers: Inexperienced or inadequately trained truck drivers pose a significant risk on the road, as handling a large commercial vehicle requires specific skills and knowledge. Poor training can lead to errors in judgment, improper vehicle handling, and failure to follow safety protocols.

Common Injuries After a Truck Accident

Because of the sheer size of semi-trucks, accidents with these vehicles often result in severe, and sometimes fatal, injuries. These injuries can take a lifetime to recover from. Some of the most common truck accident injuries include:

• Spinal cord injuries: Spinal cord injuries can occur because your body was thrown around in the wreck, the spinal cord was crushed, or for other reasons. Spinal cord injuries often cause temporary or permanent paralysis or death.
• Back and neck injuries: Besides the spinal cord, the muscles, tendons and ligaments in your back and neck can cause serious issues. One of the most common back or neck injuries is whiplash, which can have long-lasting effects.
• Head injuries: Head injuries and traumatic brain injury (TBI) can range from mild to severe. Even mild TBIs can have a serious impact on your quality of life, and serious ones can be fatal.
• Broken bones: Because our bodies aren’t designed to withstand the impact of an accident, broken bones in the face, ribs, arms and legs are common. Broken ribs can also lead to organ punctures or lacerations.
• Wrongful death: In far too many cases, truck accidents result in fatalities. If the truck driver is at fault for the accident, they may be held liable for wrongful death damages, such as medical bills, funeral expenses and more.

Types of Truck Accidents

Because of our long history working with accident victims and our track record of success, we’ve seen almost every type of accident imaginable.

Some of the most common types of truck accidents include:

Rear-End Collisions

Often caused by factors such as distracted driving, fatigue, or brake system issues, rear-end collisions are typically intensified by the size and weight of commercial 18-wheeler trucks.

Jackknife Accidents

Because of their resemblance to a folding knife, jackknife accidents occur when a trailer folds towards the truck cab, typically due to loss of traction. These can be triggered by adverse weather, improper braking, or sudden maneuvers, posing significant risks on busy highways.

Rollover Incidents

When a truck rolls over, it’s usually due to factors like excessive speed, overloading, or abrupt steering maneuvers. These types of accidents can be potentially catastrophic.

Underride Collisions

Underride collisions occur when smaller vehicles become wedged beneath a truck’s rear or side. Often resulting in severe injuries or fatalities, these accidents can be exacerbated by inadequate truck safety features.

Blind Spot Accidents

Because of their size, trucks have substantial blind spots in which smaller vehicles may not be visible. Blind spot accidents frequently occur during lane changes or turns, particularly when vehicles linger in these areas.

Truck Accident Laws and Regulations in Florida

Florida’s truck accident laws are a complex intersection of state and federal regulations designed to ensure road safety and protect victims of commercial vehicle crashes. The Federal Motor Carrier Safety Administration (FMCSA) sets forth stringent guidelines for truck operations nationwide, and in 2024, these regulations remain crucial for truck crashes cases in Florida. Under FMCSA rules, trucks must comply with weight limits, proper maintenance schedules, and mandatory use of Electronic Logging Devices (ELDs), which track driving hours to prevent fatigue-related accidents. Commercial trucks are also required to carry higher minimum liability insurance, ranging from $750,000 to $5 million, depending on the cargo and travel routes.

In Florida, additional state-specific regulations apply. Under Florida Statute 316.550, trucking companies must obtain permits for oversize loads, with failure to comply potentially leading to significant liability in accident cases. The Florida Administrative Code Chapter 14-87 further enforces truck safety protocols, including mandatory inspections to ensure vehicle safety. Companies that neglect regular inspections under 49 CFR Part 396 may be held responsible for equipment failures leading to accidents.

In the event of a Florida truck accident, evidence such as “black box” data (capturing vehicle speed, braking, and other crucial factors), traffic camera footage, and ELD records are essential in establishing fault. Liability in these accidents can extend beyond the truck driver to include the trucking company, maintenance providers, and even manufacturers, making a thorough investigation critical.

Florida’s modified comparative negligence rule, as outlined in Florida Statutes section 768.81, affects compensation claims. If the injured party is found less than 50% responsible for the accident, they can still recover damages, though their compensation will be reduced by their percentage of fault. Additionally, the statute of limitations for filing a personal injury claim in Florida has been shortened from four years to two years from the date of the accident, under the new legislation. Wrongful death claims must still be filed within two years of the victim’s passing, making timely legal action even more critical under these updated laws.

These regulations, paired with strict oversight of federal and state trucking laws, make it crucial to consult with a Miami truck accident attorney to ensure all avenues of liability are pursued and victims receive maximum compensation for their injuries.

Understanding Liability in Truck Accident Cases

Since multiple parties may bear responsibility in truck accidents, establishing liability is a particularly complicated and delicate process. Even if the injured party is partially at fault, they may still be eligible for a case. 

Key parties that may be held liable include:

1. Truck Driver: Responsible for negligence, errors, or regulatory violations.
2. Trucking Company: Liable for inadequate driver screening, training, vehicle maintenance, or forcing drivers to exceed legal hours, potentially contributing to the accident. Under U.S. law, companies are often held accountable through vicarious liability when their employees act negligently within the scope of their duties.
3. Shipping Company: May be at fault for improper cargo loading or imposing unreasonable deadlines.
4. Broker: Can be held responsible for non-compliance with federal regulations or providing false information.
5. Truck Manufacturer: Liable for faulty parts or failure to address known issues.
6. Third-Party Drivers: May share responsibility if involved in the accident.

Other potential liable parties include:

• Truck Owner (responsible for maintenance): If the truck is privately owned, the owner is accountable for ensuring regular maintenance and safety inspections.
• Highway Designers: Liable if road design defects or poor signage contributed to the accident, particularly in cases involving hazardous intersections or dangerous road conditions.

Legal considerations in truck accident claims include:

Negligence

Proving negligence—or, a failure to act with reasonable duty of care resulting in harm—is the key to achieving favorable outcomes in MV accident litigation . Key steps include gathering critical evidence such as black box data, driver logs, and eyewitness testimony to establish fault, as well as demonstrating that the truck driver or company violated safety regulations or engaged in reckless behavior. If a lawyer can prove negligence, it will significantly increase the compensation amount you receive.

Vicarious Liability

Vicarious liability refers to holding someone responsible for the fault of a third party. Vicarious liability generally applies when an employee is performing work duties, not necessarily when they are personally at fault. Employers are held responsible for actions performed within the scope of employment.

Federal Regulations Interpretation

Your attorney is responsible for interpreting federal regulations applicable to your case. They will use their experience and best judgment to leverage these regulations in your favor.

Determining fault requires thorough investigation and expertise. The statute of limitations for trucking collisions in Florida is two years from the accident date. It’s two years if claiming a wrongful death. However, prompt action is crucial to preserve evidence and build a strong case. Savvy truck wreck attorneys will help you gather this evidence while it’s still fresh—things like logbooks, traffic images and video, black box data, and eyewitness accounts.

Given the complexity of truck accident cases and the potential for multiple liability, consult with an experienced MV accident attorney like Steinger, Greene & Feiner as soon as possible to protect your rights and pursue fair compensation.

Compensation for Truck Accident Victims

In Florida, under the modified comparative negligence system, compensation is prorated based on fault. For example, if you are found 20% responsible for the accident, your total compensation will be reduced by 20%.

Compensation for truck accident victims is divided into two main categories:

Economic Damages

These cover measurable financial losses, including medical bills, lost wages, property damage, and any other out-of-pocket expenses related to the accident.

Non-Economic Damages

These compensate for intangible losses, such as pain and suffering, mental anguish, and permanent disabilities or impairments.

In cases of fatal truck accidents, surviving family members may file a wrongful death claim to recover compensation for medical expenses, funeral costs, and loss of companionship.

At Steinger, Greene & Feiner, we understand the tactics that insurance companies use to minimize payouts and maximize their profits. If necessary, we will go a step further and represent your case in court, working tirelessly to ensure you receive fair compensation for economic and non-economic damages.

What Is The Process For Filing A Truck Accident Claim In Miami

Filing a truck accident claim in Miami begins with gathering evidence, including police reports, medical records, and key data such as Electronic Logging Device (ELD) logs and black box data from the truck. After compiling this evidence, the victim’s attorney will file a claim with the responsible party’s insurer, initiating negotiations to secure compensation for medical expenses, lost wages, and pain. If a fair settlement cannot be reached, the case may proceed to litigation, where the attorney will present evidence of negligence, leveraging FMCSA regulations and Florida’s modified comparative negligence law to build a strong case.

The Role of a Miami Truck Crash Lawyer

The experienced truck accident attorney at Steinger, Greene & Feiner take a professional approach when counseling on trucking accident law in Miami.

The process starts with a free consultation in which we take time to learn about you and the circumstances of your truck accident. Next, we conduct a thorough investigation, gathering key evidence like police and medical reports, photos/videos, eyewitness statements, expert testimony, and interviews with your family. This evidence is the foundation of your case and will later be used as leverage during negotiations with your insurance company. Depending on the outcome of those negotiations, as well as other circumstances of your case, we will advise if you should file a lawsuit to prove your offender’s negligence in court where we will litigate on your behalf. 

Holding negligent parties accountable in court not only uphold justice; it also prevents similar accidents from occuring in the future. It also compensates you for losses related to medical expenses, damage, and pain/suffering. While claim values vary based on severity and circumstances, we fight to maximize your financial recovery.

We have your back at every step of our legal process, from trial preparation to representation in court. Never provide your insurance company with a recorded statement or accept their settlement offer before consulting with an attorney. Insurers’ first offers are notoriously low, and accepting them forfeits your opportunity for a better, more fair amount.

Contact the Miami truck accident lawyers at Steinger, Greene & Feiner to get started.

How is liability determined in a truck accident case?

By meticulously examining all aspects of the incident, your truck accident attorney works to establish negligence and ensure that all responsible parties are held liable for their role in the accident. They will investigate drivers and their behavior, regulatory compliance, the trucking companies policies and procedures, as well as external factors like road conditions and weather at the time of the accident.

Choose Steinger, Greene & Feiner as Your Truck Accident Attorney in Miami

If you or someone you know has been injured in a truck accident and you’re wondering how you’re going to pay for all related medical expenses, we can help. The resourceful Miami truck accident attorneys at Steinger, Greene & Feiner law firm will put an end to the stress of uncertainty and get you started on the road to recovery. 

We relieve you of the burden that comes with navigating complex legal processes and insurance negotiations. While insurance companies add insult to your injuries with questionable strategies aimed at minimizing payouts, we’re your advocate for maximum compensation. With decades of experience on our side, we’re by your side. Contact Steinger, Greene & Feiner for a free consultation before it’s too late.

Frequently Asked Questions