TRUCK ACCIDENTS ATTORNEY IN MIAMI, FLORIDA

Statistics from a Florida Traffic Crash Facts Annual Report indicate that there were over 32,000 crashes involving medium or heavy trucks statewide in 2019. Commercial truck accidents are often more devastating than other kinds of traffic collisions. An accident involving a semi-truck can cause serious or catastrophic injuries or even death to occupants of the other vehicle. If you or someone you know was injured in a truck accident caused by someone else's negligent actions, you may be eligible to seek financial compensation for your injuries or loss.

For more than 20 years, attorney Eduardo de la Cruz Muñoz has been providing comprehensive legal guidance, support, and representation to clients in their truck accident cases. As an experienced Florida personal injury attorney, he will investigate the surrounding details of your situation and educate you about your available options to recover damages. Using his extensive experience, he will fight to protect your rights and help you seek fair compensation for your injuries, vehicle damage, additional pain and suffering, or loss.

The Law Office of Eduardo de la Cruz Muñoz, P.A. proudly represents truck accident victims throughout Miami, Florida, and surrounding communities.

Florida Laws Regarding Truck Accidents

Under Florida Statutes Section 316.062, the driver of any vehicle involved in an accident that results in an injury is required to:

• Provide their name, address, vehicle registration number, and driver's license to a police officer or any other person involved in the crash.

• Render "reasonable assistance" to the accident victims, such as transporting or making adequate arrangements to take the victim to a physician, surgeon, or hospital for medical treatment.

Florida Trucking Rules & Regulations

There are some important rules and regulations affecting truck drivers and trucking in Florida, including:

• All commercial truck drivers must have the licenses and qualifications required for driving trucks in the state.

• Truck drivers are required to observe a 10-hour or 11-hour daily limit if carrying passengers or cargo, respectively.

• Under Florida law, there is a maximum of 80,000 pounds allowed on the interstate and intrastate highways.

• Florida state laws prohibit driving a commercial motor vehicle with a BAC level of 0.04% or greater.

• Truck drivers in Florida must consent to random alcohol tests at any time.

• Under Florida regulations, truck drivers must drive safely and leave up to 300 feet between the motor vehicle ahead of them and the front of their truck.

Statute of Limitations

The statute of limitations sets the maximum amount of time that individuals involved in a truck accident have to initiate legal proceedings.

• Personal Injury: Under Florida Statutes Section 95.11(3)(a), an action to recover damages for personal injury must be commenced within four years of the date of the accident or injury.

• Wrongful Death: According to Florida Statutes section 95.11(4)(d), a wrongful death claim must be filed within two years of the date of the victim's death.

Assessing Liability in a Truck Accident

A number of different parties may potentially be held responsible for damages in a truck accident, depending on the surrounding circumstances resulting in the accident. These include:

• Trucker Drivers: The truck driver may be held responsible if the accident occurred while the driver was violating traffic laws, driving fatigued, speeding, driving under the influence, or driving without the necessary permits, qualifications, or license.

• Trucking Companies: The trucking company may be held liable for setting unreasonable expectations, hiring an unqualified or inexperienced driver, or faulty safety inspections.

• Truck Manufacturers: The truck manufacturer or parts manufacturer may be held responsible if the accident was caused by a defective part, mechanical failure, bad tires, or a malfunctioning brake.

• Persons Who Loaded the Cargo: The cargo loaders may be held responsible for improperly loaded or unsecured cargo, causing the cargo to shift during transit and result in an accident.

• Maintenance Personnel: The maintenance personnel may be held liable if the truck accident occurred due to failure or oversight in performing their expected duties, such as routine inspections, adequate maintenance, and safety checks.

Filing a Personal Injury Claim

Florida is a "no-fault" insurance state. Under this system, the injured party will turn to their insurance provider to pay for medical bills and lost wages up to the $10,000.00 limit.

However, if the truck accident results in a "serious injury" to the victim, such as a herniated disc, bone fracture, significant disfigurement, or a significant disability or impairment, they can seek to hold the at-fault driver responsible for their injuries.

In order to recover damages, you can file:

• A third-party insurance claim against the at-fault party's insurance provider.

• A personal injury lawsuit against the at-fault party in court.

Representing an Incapacitated Loved One

To recover damages on behalf of an incapacitated loved one, you will need to establish guardianship. After a court appoints you as the legal guardian of the injured person, you can sue the at-fault party and file personal injury claims on behalf of your ward (the victim).

Wrongful Death Claims

If a person died as a result of the truck accident, the personal representative or executor of the deceased person's estate can bring a wrongful death action in court.

Work with a Knowledgeable Personal Injury Attorney

Getting injured in a truck accident can be a devastating experience. If it results in severe injuries, hospitalization, or death of a loved one, such an incident can affect your mental, physical, and financial well-being. You should never bear the challenges and financial liability all alone. It is important that you retain a knowledgeable personal injury attorney immediately to fight for your legal rights and help pursue fair financial compensation.

Attorney Eduardo de la Cruz Muñoz is committed to helping truck accident victims and their families during such a difficult period. As your attorney, he will:

• Fight to protect your best interests and work to hold the responsible parties accountable.

• Review every detail of your case and conduct an in-depth, investigation.

• Gather all necessary information, medical documentation, evidence, and witness testimonies.

• Determine the full magnitude of your injuries, accident-related losses, and estimate case value.

• Seek to prove fault and establish liability.

• Help negotiate a fair settlement with the insurance companies involved.

• File a personal injury or wrongful death lawsuit, where required.