Commercial trucks in the Miami area pose a serious risk to motorists since collisions can cause serious injuries to motor vehicle occupants. A truck accident can leave you with a mountain of medical bills, lost income from missed work, and life-altering injuries.
Our Miami truck accident lawyers are here to advocate for maximum compensation. The Schiller Kessler Group can help you stand up to businesses that operate commercial trucks, their attorneys, and their insurance companies.
Our experienced team has over three decades of experience and has served over 30,000 injury victims. Learn how our Miami personal injury lawyers can help you during a free consultation. Call us today.
Our Miami Truck Accident Lawyer Fights for the Compensation You Deserve
A Miami truck accident attorney from The Schiller Kessler Group can help you calculate your losses after a crash. Your financial records, including medical bills, pay stubs, and historical precedents for similar instances, may be reviewed. Your attorney may also consult with professionals, such as doctors or economists, to determine the true value of your claim.
While every situation is unique, you may be able to recover a wide range of damages, including:
- Medical expenses: This category includes all costs related to your treatment and care, both now and in the future. In Florida, drivers and passengers must first use their PIP (Personal Injury Protection) coverage for medical costs, regardless of fault, before pursuing additional compensation from the at-fault party.
- Lost wages and reduced earning capacity: This can include the income you’ve already lost and the loss of future earnings.
- Property damage: You’ll need compensation to cover the repair or replacement cost of your damaged vehicle and any belongings destroyed in the crash.
- Non-economic damages: These are intangible losses, such as emotional distress, mental anguish, pain and suffering, loss of consortium, and diminished quality of life.
Our truck accident attorneys in Miami can assess the damages you are eligible to pursue based on the specifics of your case. We can take your case to court if negotiations for a truck accident settlement fail to produce a favorable outcome.
More people choose The Schiller Kessler Group because they know that we're a cut above other personal injury law firms.
Trucking Accidents Resulting in Wrongful Death
A wrongful death claim is often appropriate when someone dies in a truck accident due to the negligent actions of the responsible party. Examples of negligence include driving under the influence, disregarding traffic regulations, and texting while driving.
The primary focus of a wrongful death lawsuit is to recover financial compensation for the losses suffered by the accident victim. A Miami wrongful death lawyer from our team can help you pursue damages for various losses, such as medical treatments, funeral expenses, and loss of companionship and household services.
Florida law outlines eligibility criteria and the types of damages courts may award in wrongful death cases. Generally, the verdict aims to compensate you for the economic losses resulting from your loved one’s passing.
No matter what time of day it is, you can contact The Schiller Kessler Group to schedule a free, no-obligation consultation.
How Our Miami Truck Accident Attorneys Determine Liability to Maximize Your Compensation
Determining responsibility in a Florida truck accident involves considering various factors. Liability can extend beyond the truck driver to other entities.
Here are some of the parties our attorneys can help you hold responsible, depending on the specific details of your case:
- The truck driver: Truck drivers may be held responsible for accidents caused by negligence, fatigue, or violations of traffic laws.
- The trucking company: Trucking companies can be held accountable if their negligence in hiring, training, or maintenance contributed to the crash.
- A maintenance company: Improperly maintained trucks can significantly contribute to accidents. If negligence in maintenance leads to a crash, the party responsible for maintaining the truck may be liable.
- The truck manufacturer: If a truck manufacturer fails to conduct proper safety testing or cuts corners in the manufacturing process, they can be held liable for any resulting damages due to defective equipment.
- A parts manufacturer: If defective truck parts caused or contributed to the collision, the parts manufacturer can be held liable for losses.
- A third–party driver: The improper actions of another driver not directly involved in the crash may have caused the accident to occur.
These are not the only parties that can be held liable for your truck accident, and, in many cases, there are multiple liable parties, making legal representation imperative.
Comprehensive investigations are required to uncover negligence in the responsible party, especially with larger commercial trucks, such as semi-trucks, 18-wheeler trucks, and tractor-trailers.
Consulting an experienced truck accident attorney in Miami can help truck accident victims pursue fair compensation by holding the right entities accountable.
Florida’s Time Limit for Truck Accident Lawsuits
Florida’s statute of limitations sets the time you have to take legal action after an accident. Due to a change in Florida’s laws, injury victims now generally have two years from the incident date to file a personal injury lawsuit, per Florida Statutes § 95.11. This time frame applies to a wide range of personal injury cases, including lawsuits resulting from truck accidents.
Failing to file within the allowable time frame may result in the loss of your right to seek compensation for injuries sustained.
Hiring an experienced Miami truck accident lawyer allows for the streamlining of your case. The sooner you reach out to a lawyer, the sooner they can start gathering and preserving important evidence that could be vital to your case’s success.
Truck Crashes in Miami Often Result From Negligence
Truck accidents happen for a wide range of reasons and can result in more than one person or business being held liable. Because so many people and organizations are involved in operating a commercial truck, many things can go wrong or be overlooked.
These missteps and oversights within the trucking industry constitute negligence. A Miami truck accident attorney can investigate your case to pinpoint the cause of your accident and establish the negligence of all the parties that contributed to the crash.
Fatigued Driving
While numerous factors contribute to these accidents, one common cause is driver fatigue. Many drivers do not get enough rest when working long shifts. To minimize the instances of fatigued truck drivers on the road, there are laws limiting the hours of service for truckers.
Unfortunately, tight deadlines often push truck drivers to ignore the regulations and drive longer than they should, leading to dangerous situations on the road.
An experienced truck accident attorney in Miami will move quickly to collect and preserve evidence of “hours of service” violations and other instances of drowsy driving.
Distracted Driving
Distractions are also a factor, as interruptions can make it hard for drivers to keep their full attention on the road, increasing the likelihood of mistakes or misjudgments.
Cell phone use, eating, adjusting the radio, and simply failing to pay attention behind the wheel can all cause accidents.
Poorly Loaded Cargo
Improperly loaded or unsecured cargo can also contribute to accidents, as heavy loads may shift, leading the truck driver to lose control of the vehicle. The cargo loading company can be held responsible for an accident if the load wasn’t properly distributed or inspected for safety.
Mechanical Failure or Improper Maintenance
Mechanical failures with a truck’s brakes, axle, or other components can occur due to a lack of maintenance or improper repairs. If the trucking company is found to have not maintained the vehicle properly, they or the mechanic may be held liable for any resulting accidents.
Furthermore, if a particular part is found to be defective, the vehicle or parts manufacturer can be held financially responsible. One of our truck accident lawyers in Miami can look into maintenance and inspection reports to find any failures in maintenance or other problems that can be responsible for the accident.
Benefits of Hiring Our Miami, FL, Truck Accident Lawyers to Build Your Claim
Understanding the benefits of hiring an experienced truck accident lawyer in Miami can help you make an informed choice when deciding whether or not to seek legal help with your case.
No Upfront Costs or Retainer Fee
Hiring a truck accident lawyer with our firm does not require any out-of-pocket costs or a fee to retain our services. We work on a contingency basis, which means we only get paid when we recover compensation on your behalf. You owe nothing unless you receive a court award or settlement, so there is no risk of additional financial burdens.
Knowledge of the Trucking Industry
We understand the intricate web of state and federal regulations pertaining to commercial vehicles and can use this knowledge to your advantage.
We can investigate to determine if a truck driver, employer, or trucking company allowed for violations of Federal Motor Carrier Safety Administration (FMCSA) regulations, such as hours of service regulations.
Thorough Investigation
A lawyer with experience handling truck accident cases will have the means to investigate the incident thoroughly. They can access evidence like the truck driver’s driving records, the trucking company’s inspection reports, event data recorder (EDR) information (sometimes called black box data), accident reports, and toxicology reports to back up your claims.
Communication With Opposing Parties
Personal injury claims involving freight companies or other large businesses can usually involve several defendants, corporate lawyers, and multiple insurance companies. Standing up against companies with deep pockets can be challenging on your own. Your lawyer will craft a compelling legal strategy and negotiate aggressively on your behalf.
Preparation and Documentation
Truck accident cases can be complex, and trying to focus on an insurance claim or lawsuit can be incredibly difficult when dealing with an injury. Fortunately, our legal team will handle all the necessary paperwork and documentation for you so that you can focus on healing. This assistance can save you time and help you avoid costly mistakes.
Negotiation
After a commercial truck accident, your attorney can represent you in negotiations with insurance companies and opposing counsel. While many disputes can be settled out of court, doing so often requires skillful negotiation with insurance adjusters and the other side’s legal team.
A Miami truck accident attorney from our firm will work hard on your behalf to get you the most money possible for your losses.
Representation in a Trial
In the event of a trial, you could be up against a team of high-priced attorneys working on retainer for the trucking company. If you plan on taking legal action, you should secure the services of a Miami lawyer with extensive trucking accident experience.
Common Truck Accident Injuries
Unlike motor vehicle accidents, a collision with a large truck will likely result in severe injuries that require extensive and costly medical care. Here are some of the common injuries we see as a result of these crashes:
- Whiplash: Collisions can cause rapid head movement, leading to whiplash and neck strain.
- Spinal cord injuries: High-impact collisions may cause damage to the spinal cord, resulting in paralysis or long-term impairment.
- Head trauma: Head injuries from truck accidents can lead to concussions or more severe traumatic brain injuries (TBIs).
- Fractures and breaks: The force of impact in a truck collision can cause broken or fractured bones, often requiring extensive medical treatment.
- Internal injuries: Blunt force trauma can cause life-threatening internal injuries, impacting organs and necessitating immediate medical attention.
- Burn injuries: Truck accidents may result in burns, ranging from mild to severe, due to fires or contact with hot surfaces during the collision.
- Crush injuries: High-impact accidents can lead to crush injuries, causing damage to limbs and tissues under the intense pressure of the collision.
- Amputation: Severe accidents may result in the amputation of limbs due to irreparable damage.
- Post–traumatic stress disorder (PTSD): Truck accident survivors may experience PTSD, leading to symptoms such as anxiety, flashbacks, and nightmares.
If you or a loved one has suffered any of these injuries in a truck collision, our Miami semi-truck accident lawyers are here to help you seek the compensation you deserve.
High Rates of Truck Collisions in Miami
Miami-Dade County sees thousands of truck crashes each year. According to the Florida Traffic Crash Facts Annual Report 2023, 8,817 crashes involving commercial motor vehicles occurred in Miami-Dade. Miami’s high volume of freight traffic means truck accidents are a significant safety issue locally.
Highways like US-1, I-95, I-75 (Alligator Alley), and Florida’s Turnpike are known for heavy commercial vehicle traffic and high crash rates due to congestion, speed, and frequent ramps.
Locally, dangerous intersections such as SW 87th Ave & Bird Road and SW 147th Ave & Kendall Drive also see frequent trucking accidents, especially in busy areas near residential zones, industrial districts like Medley, and major interchanges.
Why Choose a Truck Accident Attorney from The Schiller Kessler Group?
The Schiller Kessler Group offers experienced legal representation designed to help clients secure the compensation they deserve. Here’s what sets our team apart:
- Personalized attention and clear communication: We provide individualized attention to every case and ensure that clients receive regular updates, so they always know the status of their case.
- Board-certified and federally admitted attorney: Our team includes an attorney who is board-certified in personal injury trial law and admitted to practice in federal court. This advanced level of trial experience and multi-jurisdictional capability means we are equipped to handle even the most complex cases.
- Respected legal advocacy: Our attorneys are active members of the Florida Justice Association and the American Association for Justice. These affiliations reflect our commitment to ongoing legal education and advocacy for individuals injured in truck accidents.
- Strategic advantage with insurance companies: One of our attorneys has prior experience defending major insurance companies. This insider knowledge strengthens our ability to effectively advocate for clients, anticipating insurer strategies and working to secure fair compensation.
The Schiller Kessler Group is committed to providing skilled legal representation with a focus on achieving the best possible outcomes for truck accident victims.
Let Our Miami Truck Accident Attorney Help
Being injured in a truck accident is a harrowing experience that may result in serious financial hardship without the right legal counsel. These cases usually involve huge trucking companies that draw on vast resources to defend themselves against any legal claims made against them.
At The Schiller Kessler Group, we understand how difficult it can be to take legal action against a powerful company. Our team of Miami truck collision lawyers is well-versed in the laws and regulations governing truck accidents and has a track record of success in these cases.
If you’ve been injured in a South Florida collision, our Miami team is here to help. Contact our law firm today for a free consultation with no obligation.
Injured? Call The Aggressive Attorneys Today
