Far too many people are injured, some of them fatally, in commercial truck accidents each year. In 2019, over 4,000 individuals died in large truck crashes. Sixteen percent were truck occupants, 67 percent were occupants of passenger vehicles, and 15 percent were motorcyclists, pedestrians, and bicyclists. Sadly, deaths were 31 percent higher than they were in 2009. If you or someone you love has been injured or killed in a commercial truck accident, you probably have many questions. The Miami truck accident attorneys at Flagler Personal Injury Group answer some of your questions here.
How Is Fault Established in a Commercial Truck Crash?
To establish fault in a commercial truck accident, the accident scene will be investigated, eyewitness testimony will be taken, and the police report will be examined. A seasoned Miami truck accident attorney will also investigate the driver and the company they work for. Factors in establishing fault might include:
- The condition of the truck and if it was properly maintained
- How the truck driver was hired and trained
- How many hours the truck driver was working and if they took adequate breaks
Who Is Liable in a Truck Accident?
Depending on the investigation results, both the driver and the company that employs them could be held liable in a truck crash. Trucking companies attempt to avoid liability. They often claim that the driver doesn’t work for them or that they don’t own the vehicle involved in the accident. Having a Miami truck accident lawyer on your side can help uncover the truth of who should be held accountable.
Is There a Deadline for Filing a Trucking Accident Lawsuit?
Personal injury cases such as commercial truck accidents have filing deadlines known as the “statute of limitations.” Under the statute, injured individuals only have a specified amount of time to file a claim after the crash. Once the window expires, they generally cannot seek legal action.
The state of Florida has a four-year statute of limitations that applies to all personal injury cases, including commercial truck accidents. However, for wrongful death cases, a two-year statute of limitations applies beginning on the date of the death. If you’ve been in an accident, it’s imperative to contact a Miami truck accident attorney as soon as possible. Waiting too long can disqualify you from receiving the compensation you otherwise may have been entitled to receive.
Injured in a Commercial Truck Accident? Call an Experienced Miami Truck Accident Lawyer for Help Today
Commercial truck accidents can cause severe, life-altering, and life-threatening injuries. Many times, these accidents occur because of a negligent truck driver or trucking company. They should compensate victims for their many losses, such as pain and suffering, lost wages, and medical expenses. To get a full and fair settlement, you need a fierce and experienced advocate on your side. You will find such an advocate at our firm.
Schedule your free case consultation at Flagler Personal Injury Group today. Call at 305-424-8445 or contact us online to find out how we can help you.