When it comes to motor vehicle accidents, those involving large trucks can often have the worst outcomes. Whether it's a commercial truck, delivery truck, or even a construction truck, these vehicles are significantly larger and heavier than a standard car and can cause devastating damage to your car and serious personal injury to you and your passengers.
At the Hickey Law Firm, P.A., attorney John H. (Jack) Hickey understands how serious accidents with large trucks can be and the far-reaching consequences that may result. Accidents with trucks can be complex because of the many entities that may be held liable. As an experienced trial lawyer, Mr. Hickey knows how to protect your rights and the importance of holding the responsible parties liable so that you can get the just compensation you deserve for your pain and suffering.
If you've been in an accident with a large truck and need quality representation in the Miami area, please call our office today at 305-371-8000 for a free case evaluation. We proudly represent those who live in and near Miami, Florida.
Truck Accident Causes
In our busy world, daily commuting has become almost a necessity. Whether it's to drive to work, run errands, or take or pick up children for their activities, more and more time is spent on the roads. Unfortunately, all that commuting can lead to higher chances of an accident occurring.
According to the National Highway Traffic and Safety Administration (NHTSA), in 2016 there were over 4,300 fatalities involving large trucks and in 2015, 116,000 people were injured because of accidents involving large trucks in the U.S. These stats are alarming when you think of the damage and injuries that can result from a crash with a large truck.
While there are many state and federal regulations to ensure the safety and responsibility of truck driving, there are many ways in which an accident can still occur. Driver negligence is not the only way in which a truck may cause an accident, other causes may include:
- Truck driver exhaustion
- Truck driver speeding
- Truck driver impairment
- Using illegal maneuvers while driving
- Distracted driving
- Poor maintenance of the truck
- Lack of adequate training
- Tight delivery schedules
- Improper loading of cargo
Any of the above instances can be caused by the negligence of someone, making them liable for your injuries. Because of the amount of time truck drivers spend on the roads, and the need to make their deliveries on time, negligence on behalf of the truck driver can result in an accident. However, negligence from the trucking maintenance crew or those who load the cargo can also cause a truck accident.
According to the Federal Motor Carrier Safety Administration, other causes of truck accidents may happen because:
- The truck driver moved into another lane or off the road unexpectedly
- A truck driver lost control because of shifting cargo; driving faster than they should; system failure in the truck; or poor road conditions
- The truck driver follows too closely and rear ends the vehicle in front
These are just a few examples of the many different types of causes of truck accidents. Having an experienced truck accident lawyer on your side can help you navigate the complexities of this type of case and make sure that the person or party responsible is held liable.
Common Injuries in Truck Accidents
Injuries from accidents with large trucks can often be quite severe because of the significant amount of damage they can cause. At the Hickey Law Firm, P.A., we make it our mission to pursue the maximum of amount of compensation to help you with medical bills and to help you and your family return to your normal life. The catastrophic injuries can dramatically impact the quality of your life and we believe that you should have all the help you require in your time of need.
There are many types of injuries that may result from an accident with a truck, some of the most common include:
- Traumatic brain injury
- Spinal cord injury
- Scarring and disfigurement
- Burn injury
- Broken bones and fractures
- Chronic regional pain syndrome (CRPS)
If you've suffered an injury due to an accident with a truck, our Miami injury attorneys will work every stage of your case to make sure you're taken care of. As a former lawyer for insurance companies, Mr. Hickey has unique experience and insight as to the strategies insurance companies often use to avoid paying victims the maximum compensation they deserve. He and his team will help you seek the full amount of compensation you deserve. Mr. Hickey is also an experienced board-certified trial lawyer and is prepared to take your case to trial if a settlement is not reached.
What to Do After a Truck Accident
Just as in a car accident, there are certain steps you can take immediately after a truck accident to help protect yourself and aid in your claim. What you do in the time after an accident may be critical in proving your injuries were the result of the accident and showing fault was on the other driver.
The Hickey Law Firm Has Recovered Multi-Million-Dollar Settlements and Successful Verdicts for Injured Clients
In our decades of practice, our Miami accident lawyers understand that following a few simple steps after an accident can have dramatic effects on the outcome of your claim and better the odds in the event your claim goes to trial.
After an accident, it's vital that you protect your health and your legal rights. That's why we recommend that you:
- Get medical help: This is important to make sure that you and your passengers are not in any immediate danger relating to your injuries. Let a paramedic examine you at the scene if possible and seek medical attention at a hospital or your primary care physician right away.
- Obtain information: Exchange personal and insurance information with the other party in the accident and refrain from admitting any wrongdoing. Personal information should include their driver's license number, license plate number, and contact information. You should do this for any witnesses that happened to be at the scene as well.
- Photograph the scene: Take as many pictures as you can of the vehicles involved, any damage that occurred, you and your passengers' injuries if any, the road conditions, and the scene of the accident.
- Take notes: After you've sought medical care, take the time to write a brief account of what happened. This should include everything you remember leading up to, during, and after the accident.
- Obtain documentation: Request copies of any official reports created after the accident. This includes police reports and medical records.
- Contact a personal injury lawyer: Finally, you should speak with our Miami truck accident lawyers as soon as possible about your next steps.
Who Is Liable in a Truck Accident Case?
In truck accident cases, liability can be harder to determine than other personal injury cases. Because of the many parties that may be involved, it's important to have an experienced truck accident attorney on your side to investigate and get to the bottom of whose negligence is at fault.
In most cases of car accidents, liability is easy to determine as more often than not the driver's negligence caused the accident. Regarding truck accidents, however, there are various people beyond the driver who may be at fault. Those who may be liable for a truck accident include:
- The Truck Driver: Most truck accidents come down to driver error or negligence, which often includes drowsy driving, driving under the influence of drugs or alcohol, exceeding the maximum number of driving hours per shift, and speeding.
- The Driver’s Employer: Companies who employ truck drivers sometimes skip important safety precautions in favor of increasing profit margins, which can involve implying or asking drivers to falsify their driving records to meet guidelines when they actually broke regulations to meet a deadline or allotting too little time to maintenance and cargo loading.
- The Manufacturer of Any of the Truck's Parts: Defective manufacturing or parts can lead to severe accidents and put everyone on the road at risk. There are federal laws that regulate the repair and manufacturing of these trucks and these claims can fall under product liability.
- The Shipping Company or Cargo Company Who Loaded the Truck: There are weight limits on how much an individual truck or trailer can carry. Improperly loaded or overloaded trucks can lead to disastrous consequences, especially if the truck was carrying hazardous waste at the time of the accident.
As you can see, there are many different parties who may be responsible for the truck's malfunction and subsequent accident. These claims can be quite complex and it’s crucial to have quality representation for your truck accident claim. At the Kelleher Firm, we work hard to determine the cause of the crash and who is liable for the subsequent damage, injuries, or death. Our attorneys will help you hold them responsible for the pain and suffering you and your family have endured.
How We Can Help You
At the Hickey Law Firm, we take every step of your case seriously and diligently pursue the facts to make sure that we can help you to the fullest during this stressful time. Our attorneys understand the system and how to navigate the various legal hurdles that may come into play. When you come to us for your truck accident claim, you can be sure that we'll do everything we can to prove fault and get the compensation you deserve.
Some of the many things we can do to aid in your case include:
- Investigating the facts of the accident
- Researching the law to determine where you will need to bring your lawsuit. This may include a state or federal court
- Determining if it was the driver's fault or mechanical issues that caused the accident
- Determining exactly who the responsible entities may be
- Talk to the representatives of any parties on your behalf
- Determining the exact amount of time you have to bring your accident claim
- Determining what type of expert to use to help prove the fault
- Determining the right strategies to provide you with a successful case
- Representing you in court if a fair settlement is not reached
Compensation We Can Pursue
As we mentioned, accidents involving large trucks can have serious effects on you and your entire family. Since serious injuries may result, you may require expensive medical care and rehabilitation to get your life back. When an accident is caused by the negligence of another person or entity, we'll fight for justice for you and the compensation you and your family need for peace of mind.
Whether your injuries are minor or catastrophic, you may be entitled to compensation for:
- Medical costs
- Rehabilitation costs
- Physical and emotional therapy
- Lost wages from missed time at work
- Diminished future earning capacity
- Pain and suffering
- Funeral expenses (wrongful death cases)
Tools Necessary for a Successful Truck Accident Case
Accidents with commercial trucks are more complex than your average auto accident involving personal motor vehicles. Truck accident litigation requires an experienced, knowledgeable attorney to help you compile the tools needed for a successful lawsuit. Our attorneys have helped many injured victims and surviving family members reach a settlement or favorable verdict. As these collisions often lead to death or catastrophic injuries to the brain, back, and spine, the awarded damages is typically quite high. From lost earnings and loss of companionship to compensation for partial or full paralysis, truck accident settlements must take all factors of the crash into consideration.
The Hickey Law Firm will help you:
- Identify all of the areas of insurance coverage for your injuries or the death of a loved one.
- Compile the evidence as well as expert witnesses.
- Perform thorough evaluations and determine the facts of your case.
- Determine the true cause of the truck accident be it negligent maintenance or substance abuse.
- Pursue legal action on a contingency-fee-basis.
We can help you through this difficult time by covering the financial burden through the claims process and only get paid if we recover compensation for your truck accident injuries.
Contact our Miami Truck Accident Attorneys
At the Hickey Law Firm, our Miami truck accident attorneys are committed to protecting your rights and bringing justice to the party at fault. Led by attorney Jack Hickey, we'll make sure that your case gets the due care it deserves.