Large trucks are seen throughout Florida and the United States. While commercial trucks are a vital part of the country’s economy, they also present a serious hazard to others on the road. The massive size and weight of these trucks seriously make any accident they are involved in.
If you are involved in an accident with a large truck, contact our Hialeah truck accident lawyers for assistance. Our legal professionals will gather evidence and work to help you recover the compensation you deserve.
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Steps to Take After a Hialeah Truck Accident
Highways and interstates let truck drivers easily reach different cities quickly. Hialeah connects to several major roadways, and the city’s high truck traffic has resulted in many residents being involved in truck accidents. For example, Interstate 75 passes by Hialeah, a congested area during the day. A large number of vehicles and trucks in this area increases the possibility of a collision.
Other areas with a high risk of truck accidents are State Road 826 and the Palmetto Expressway, where more than 250,000 travel daily. Many vehicles are large trucks and semis, which significantly increases the possibility of an accident.
Any residents of Hialeah also know that the area gets sudden storms and rain showers throughout the year – especially in the summer. The rain makes traveling in congested conditions even more dangerous. Our Hialeah truck accident attorneys are ready to help with your lawsuit regardless of where you are when an accident occurs.
Don’t Wait to Contact A Hialeah Truck Accident Lawyer
Accidents with semi-trailers usually have lasting consequences for accident victims. You should never have to deal with the aftermath of an accident on your own. Our legal team is ready to help you in any way possible. We have the experience and resources to help you deal with insurance companies and get the compensation you deserve.
Our truck accident lawyers can work with you directly and help you stay updated about the current status of your claim. You can focus on your recovery while we handle the legal process. You shouldn’t wait to get in touch for help with your case. We offer new clients a free consultation to ensure they get the legal services they need.
Common Causes of Hialeah Truck Accidents
According to the Florida Highway Safety and Motor Vehicles report, there are over 32,000 vehicle-related incidents yearly. Many reported cases involve serious injuries, while some result in fatalities. If you find yourself in this situation, you may have the right to seek legal compensation if the accident was caused by another party’s fault.
When you file a truck accident claim, it’s necessary to show how the other driver was negligent. A part of this process includes finding the underlying cause of the collision.
Some of the top reasons that truck accidents occur include:
- Improper training: Unique skills are needed when someone handles a semi-trailer. The driver needs to be trained to maneuver around traffic and in congested conditions. They should also be aware of how to brake safely.
- Incorrect cargo loading practices: Trucks alone are heavy. When cargo is added, the weight increases more. An overloaded truck may sway or experience other issues.
- Mechanical errors: Some accidents occur because of faulty truck parts. It’s estimated that around 55% of accidents involve some type of mechanical defect. Braking issues account for most damaged equipment. Deficiencies may also occur because repairs aren’t made as needed or because of an unsafe product design.
- Driver fatigue: Many truck drivers are on the roads for long hours. Some even operate at night or during the early morning hours. Even though there are federal regulations in place that require regular breaks, many drivers are still fatigued. When this happens, the driver is much less likely to respond to other vehicles on time.
Other factors can also contribute to a truck accident. In some cases, the cause may not be immediately evident; however, after a close investigation of the truck and accident scene, it is possible to determine the cause. Our legal team is ready to review your case and investigate the evidence available to determine if negligence was the cause of your truck accident and injuries.
Potentially Negligent Parties in Truck Accident Claims
Several parties may be negligent or partially negligent in a truck accident. These are described below.
The Truck Driver
Several factors can lead to a truck accident. One potentially negligent party is the driver. The driver may act in a way that makes the road around them unsafe for any other vehicles. Sometimes, this can be caused by speeding or not following the hours-of-service rules.
Truck operators must inspect their vehicles to ensure everything works properly. Even minor problems can cause significant issues on the road. If the driver failed to solve a maintenance issue or if they were negligent in any other way, it’s possible to hold them liable for the accident and your injuries.
The Trucking Company
As a truck accident victim, it may be possible to hold the driver’s employer responsible. The trucking carrier is usually responsible for the drivers and vehicles they use for deliveries. For example, the employer may not use proper hiring practices, which leads to an unqualified driver getting behind the wheel of a company vehicle.
Also, the trucking company may pressure their drivers to work longer hours than they should. They may have pushed the driver to exceed their hours of service, and as a result, the driver was behind the wheel while they were fatigued.
Other carrier responsibilities include performing ongoing inspections and needed repairs for their fleet of trucks. A company must check for potential mechanical errors and make repairs as needed. In some cases, the records related to truck maintenance and repairs may show how this was neglected and prove the truck carrier’s liability for the accident.
The contractor is another possible defendant in a truck accident claim. Not all truck drivers work for the company directly. Some records may show that a third-party contractor hired an operator with a history of violations.
When the contractor is a government agency, filing your claim against the government is necessary. Also, the driver would have to have been on the road working, or this type of lawsuit isn’t possible.
Semi-truck and part manufacturers can be liable if their negligence causes a mechanical error. Sometimes, you may think that issues with the brake pads or an engine that isn’t working properly are due to poor maintenance; however, that’s not always the case. Our legal team will investigate the situation to see if the company may have cut corners during the design or production or determine if the part had unsafe flaws when it was installed.
Sometimes, trucking companies utilize third-party vendors to handle specific tasks. For example, the vendor may oversee various administrative work while someone else handles the dispatching. Vendors may be considered negligent if the duty they performed involved some type of background check.
When you hire our attorneys, we will investigate the situation to determine if the third-party entity did its duty and exercised reasonable care. Vendors are at-fault parties if the driver joins the staff even after failing a drug test. Also, the vendor may have control of the dispatching process. In this case, the company may be considered liable for an accident.
Our Hialeah truck accident attorneys will examine all evidence of your accident to determine what party owes you compensation. We often discover that several parties are liable and will seek compensation accordingly if this is the case.
Possible Defenses for a Truck Accident Claim
When you are working to establish liability, the opposing side may try to make arguments to avoid having to pay. Some of the most common ways that the at-fault party may try to get out of paying compensation include:
- Blaming the incident on another party.
- Claim that you (the accident victim) have exaggerated the extent of your injuries and damages.
- The statute of limitations has expired.
Some defendants will attack your character to change the jury’s opinion. We work to protect our clients from any defenses the other side may use. We will help you prepare arguments from the defense and ensure you have the legal representation you deserve.
Contact our Hialeah Truck Accident Lawyers Today
Don’t wait to get in touch for help with your truck accident claim. Our attorneys have years of experience handling these cases and can help you recover the compensation you deserve.
The first step is to schedule a free consultation. During this initial meeting, we will look at the evidence and plan to help you recover from your damages and injuries.