Miami Lawyers Assisting Victims of Motor Vehicle Collisions
In a major state like Florida, our roadways are packed with large trucks that transport freight across the country. These vehicles can carry incredibly heavy loads, making them not only efficient but also potentially dangerous. A series of federal and state regulations control safety issues such as how fast drivers can operate their trucks, how they must execute wide turns, and how long drivers can operate their vehicles before taking a rest break. Despite these efforts, there are many instances in which a truck driver’s negligence results in a devastating accident. At the Acosta Law Firm, our dedicated personal injury attorneys can help Miami residents and other victims fight for their rights.
Holding a Truck Driver or Company Liable for Damages
Many commercial drivers work for a larger trucking company that is responsible for ensuring the driver’s appropriate training and adherence to safety rules. According to Florida law, an employer may be held liable for its employee’s negligence if the careless act happened during the course and scope of the employee’s job duties and in furtherance of the employer’s business. Most trucking companies will provide their employees with routine training and supervision, but there are some companies that ignore these rules or try to bend them, especially when it comes to regulations governing how long a driver can operate his or her truck without taking a break.
Beyond the host of regulations governing truckers, they are also subject to the same duty of care as other motorists. This standard requires truck drivers to operate their vehicles with the same reasonable care that a prudent driver would use in a similar situation.
After showing that the truck driver or trucking company failed to adhere to applicable regulations or breached the duty of care, the plaintiff must prove that this failure or breach was the direct cause of his or her damages. In this stage of a negligence claim, the plaintiff needs to show that he or she would not have suffered injuries but for the defendant’s carelessness, and that the crash was a reasonably foreseeable result of the breach. This can become quite complicated in cases involving large trucks and fast-moving vehicles. An accident reconstructionist is often needed to help break down the mechanics of the crash and to illustrate how the plaintiff was harmed as a result of the defendant’s conduct.
A plaintiff should also be prepared to provide evidence supporting the damages that he or she is claiming in the lawsuit. These may include medical expenses, lost wages, and loss of future earning capacity, as well as more subjective forms of harm like pain and suffering or scarring and disfigurement.
Consult a Knowledgeable Injury Attorney in Miami
If you or a loved one has been hurt in a truck or car accident in the Miami area, the lawyers at the Acosta Law Firm are ready to guide you in pursuing compensation. Our lead attorney, Julio C. Acosta, used to represent insurance companies, which gives him valuable insights into how these companies try to resolve cases. Our diligent and aggressive team of legal professionals has represented accident victims throughout South Florida, including in Coral Gables, Fort Lauderdale, Pembroke Pines, West Palm Beach, Homestead, Kendall, Doral, Key Largo, and Key West, as well as other cities across Miami-Dade, Broward, Palm Beach, and Monroe Counties. Call us at 305-858-8880 or contact us online to set up a free consultation.