Miami Truck Accident Lawyer

Commercial trucks share the roads with smaller vehicles in the Miami area, and when everyone follows the roads of the rule and navigates traffic safely, they all have a better chance of getting to their destinations safely. However, when this doesn’t happen, accidents can happen.

Unfortunately, truck accidents often result in worst outcomes than passenger car accidents. Commercial trucks, specifically, are heavy and do not have the same braking capability as automobiles. If you or a loved one is recovering from a truck accident, a Miami truck accident lawyer with Chalik & Chalik Injury Lawyers can review your personal injury case and advise you on how to pursue an insurance claim or personal injury lawsuit against the negligent and liable party. You can call us for a free consultation today.

How Our Trucking Accident Lawyers in Miami Can Help Your Case

The truck accident lawyers at the Chalik & Chalik Injury Lawyers are committed to advocating for their clients and working on their behalf to recover monetary settlements or court-ordered awards that help them recover after devastating accidents and injuries.

We’ve helped past clients hold negligent truck drivers and trucking companies accountable for the harm an accident caused. In one case, we recovered a $325,000 settlement for a truck accident that resulted in a complex regional syndrome.  As our case results show, we protect our clients’ interests and seek fair compensation for the costs that accompany the task of putting one’s life back together after a crash.

We offer the following to our Miami-area personal injury clients:

Free Consultation

Understanding the details of your Miami trucking case is necessary for us to determine the best legal steps to take. The complimentary consultation gives us a chance to evaluate these details and begin collecting all the necessary information for your case.

Calculating Your Damages and Assigning a Value to Your Case

Some damages trucking victims suffer are not easy to calculate. It can be challenging to come up with an appropriate amount to cover your costs for expected future medical needs, diminished earning capacity, and pain and suffering.

The actual amount you receive will depend on your case. We will assist you in coming up with an amount that appropriately covers your damages.

Collecting Necessary Truck Accident Evidence

As we build your case, we will look at all relevant evidence that will help us establish liability and negligence, which are necessary to receive financial compensation. When we investigate the accident, we will use all our resources to collect the evidence that proves what happened. We will work on your behalf to collect these important documents:

• Medical records
• Police report
• Vehicle/truck inspection report
• Photos of the accident scene, your injuries, and damaged vehicles
• Repair documents
• Income statements
• Witness statements
• Images from the accident scene
• Statements from expert witnesses, such as an accident reconstructionist

Each of these documents plays an important role in your case. Some evidence will be readily available at the scene or shortly after the accident. Other evidence, however, may require a truck accident lawyer‘s help to get, such as:

• Traffic camera footage
• Electronic data recorder (the truck’s black box)
• The trucker’s logbook, which can tell us if they violated any hours-of-service rules from the Federal Motor Carrier Safety Administration (FMCSA)
• The trucker’s employment, training, and licensing history
• Results of any chemical tests (DUI test results)

We Will Represent You for Free While We Work on Your Miami Truck Case

We understand how overwhelming it can be to deal with the legal system while also taking care of your health. Truck accident victims’ lives turn upside down suddenly after experiencing such a serious collision, so we want to do everything we can to make life easier for them.

Working with our truck accident attorney in Miami can make the process easier, allowing you to focus on your well-being while we work on your case. Helping you get the compensation you deserve is important to us.

Our Miami truck accident attorneys work on contingency, which means you don’t have to pay us any retainer fees or costs for our legal services. It is free to consult with us as you decide whether to move forward on your case, and it is free for us to work for you while pursuing the parties that should pay for your damages. You will pay us only if we win your case. This arrangement, which we can cover during your free consultation, allows you to put your financial concerns aside to get the legal representation you deserve. It also allows us to get to work as soon as possible for you.

Recoverable Miami Truck Accident Damages

Suffering injuries from a car accident involving a large truck can leave you with many costs, both financial and emotional. We understand how overwhelming it can be to deal with new medical conditions while also attempting to keep up with your household expenses. Additionally, if you are unable to work, more challenges arise.

We will work to recover the damages you suffered because of the truck accident:

• Medical expenses (past, present, and future)
• Rehabilitation costs
• Transportation
• Childcare
• Property damage
• Pain and suffering
• Diminished earning capacity
• Lost income and benefits
• Pain and suffering
• Loss of enjoyment of life

Wrongful Death Damages

Losing a loved one after a truck accident can be devastating for a family, especially when it comes to their monetary well-being. Our wrongful death lawyer serving Miami will be here for your family as we work to recover compensation for your loved one. Parties who recover damages with a wrongful death action can cover:

• Funeral, burial, and cremation costs
• The decedent’s final medical expenses, rehabilitation services
• The decedent’s lost household income
• Other related losses

Statute of Limitations for Miami Truck Accident Cases

We must follow Florida’s statutes of limitations as they apply to truck accidents. As a general rule, we must file all truck accident cases within two years of the date of the accident. If a case involves wrongful death, then we must file it within two years from the date of the death.

For this reason, it is important to discuss the details of your case with a truck accident attorney in Miami as soon as possible. We will file your case on time, which means you can focus on recovering from the accident while we take care of the paperwork on your case.

 Potentially Liable Parties in a Miami Truck Accident

Our trucking accident lawyers serving Miami will investigate your accident to determine what happened and who is responsible for it. While 18-wheeler truck operators are often at fault for accidents, they are not the only ones you could hold liable for an accident.

After reviewing your accident, any of the following could be among the liable parties:

• The truck driver’s employer or contractor
• The company that owns or leases the truck
• Manufacturer of the truck
• Manufacturer of the truck parts
• A company responsible for cargo-loading crew
• The truck’s maintenance crew
• The governmental agency responsible for maintaining the accident site
• A passenger car driver, bicyclist, motorcyclist, or pedestrian

We will advise you on the negligent parties you could seek compensation from. We will also determine what percentage of fault each party has and request the appropriate payment from them.

Proving Negligence in a Miami 18-Wheeler Truck Accident Case

Before you can recover damages, our personal injury attorneys must establish how the liable parties caused the accident. No matter if the driver was under the influence, tired, or driving recklessly, we must show how their behavior caused your injuries and subsequent losses.

Four elements must be present in a case to show negligence occurred.  They are:

• Duty of care: Truck operators must operate their rigs with reasonable care and keep everyone on the road safe from harm, including themselves.
• Breach of duty of care: We must show how they did not carry out their duty through their actions or inactions.
• Causation: We must show how their breached duty of care directly caused the accident.
• Damages: You must have compensatory damages from the accident.

What Happens After a Trucking Attorney Proves Negligence Occurred?

Once we identify the negligent parties and prove how they were reckless, we can set out to negotiate with their insurance company for your monetary compensation. This compensation should cover every loss you or your loved one experienced. We will handle this entire process and advocate for the damages owed.

If you receive any potential settlement offers, we can review them for you and advise on how to proceed. If the offer is too low, you can always negotiate for a higher award, although there is no guarantee an insurer will come back with a better offer. If not, you can file an injury lawsuit against the party or parties that harmed you. Of course, we will leave the final decision up to you.

What Can I Do to Protect My Rights After a Truck Accident in Miami?

If a truck accident has left you with severe injuries, it is only right to have the responsible party pay for those damages. Still, there are things you can do to protect your compensation case from the start. The first thing to do, if you physically can, is to check yourself and other passengers or people at the scene to ensure they are safe. You should call for emergency help from medical personnel and law enforcement.

• Get prompt medical help. You can’t afford to wait to check your health status after getting into an accident with an 18-wheeler. Even if you believe you’re fine, get a medical examination at the scene, in a hospital emergency room, or in an urgent care center. Not all injuries surface right away; some can take days or weeks to show. Follow all medical treatment prescribed to you and keep records documenting your wellness efforts.
• Get a copy of the police report. You must have a document that confirms what happened at the accident. Police can investigate the accident, get witness names and statements, and record their observations about what happened.
• Gather evidence to support your case. If you can, take photos and video footage with your cellphone and record anything that can help you remember the accident later, as well as help others understand your account of the accident. This can include information about the vehicles involved, the accident site, and the surrounding area.
• Get all involved parties’ contact information if you can. This includes their name, driver’s license number, license plate information, vehicle insurance information, and other relevant information. Be cordial but do not discuss the accident with others. Do not mention fault or anything that could jeopardize your case.
• Call our Miami trucking accident attorney. We’re ready to help you with legal counsel that protects your rights and interests at this critical phase. You can call us from the accident scene or shortly after the accident. We can also speak with insurance companies at this stage on your behalf to ensure you say nothing that could jeopardize your case.

Miami-Dade County Truck Accidents Statistics

There are thousands of truck accidents each year in Florida. The number of accident investigations involving trucks has increased by the year. Per a Florida Department of Highway Safety and Motor Vehicles Traffic Crash Facts Annual Report 2021, there were 7,903 commercial motor vehicle (CMV) crashes in Miami-Dade County in 2021.

This is a 25.62% increase from 2020, which had 6,291 commercial motor vehicle crashes that year. The crashes caused 27 fatalities in 2021 and 17 fatalities in 2020.

The destructive power of trucks far exceeds similar accidents involving cars. As tractor-trailers, semi-trucks, and big rigs can weigh up to 30 times more than a passenger vehicle, their devastation can be inconceivable.

Common Causes of Truck Accidents in Miami, Florida

There are many types of truck accidents, and many things can cause them. Some of the most common causes of truck accidents include:

• Driver fatigue
• Distracted driving
• Improper truck or vehicle maintenance
• Improper safety equipment
• Driving under the influence
• Aggressive driving
• Failing to follow local road signs and road laws

If you have had this experience, a personal injury lawyer at our firm can complete the necessary investigation to determine the cause of your truck-related accident.

Types of Truck Accident Injuries

Truck accident injuries are often catastrophic, even life-changing, because they can require ongoing medical procedures and care for the rest of your life. The injuries commonly associated with a trucking accident include:

• Back and neck injuries
• Paralysis
• Traumatic brain injuries (TBIs)
• Spinal cord injuries
• Internal bleeding
• Internal organ damage
• Broken bones
• Burns, soft tissue injuries
• Loss of limb
• Wrongful death

Your accident may have caused injuries not listed here as this is not a complete list. For specific legal counsel on your situation, our truck accident attorneys can tell you more when they talk with you.

Call Us Today – Our Truck Accident Lawyer in Miami Can Help

Commercial truck accidents are often dangerous when they happen, causing devastating injuries and losses. Many people struggle through the aftermath of these accidents as they work to recover from them and move forward with their lives.

A Miami truck accident lawyer with Chalik & Chalik Injury Lawyers is here to help you and your family recover the compensation you need. You will have everything you need when working with our injury team, as our attorneys know federal truck laws and how to navigate the process. We care about you and your family and are ready to work with you. Call us today for a free consultation.