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A fully-loaded semi-truck can weigh over 50,000 lbs., making it one of the biggest dangers to personal vehicles, motorcycles, bicycles, mopeds, scooters, and even pedestrians along the roadway. If you’ve been in an accident with a semi-truck (a.k.a. tractor-trailer or 18-wheeler), you may be entitled to damages for your medical expenses, lost wages, property damage, and pain and suffering.
Miami truck accident lawyer Bobby Nunez represents clients on a contingency basis. That means you don’t have to pay for his professional legal advice out of pocket, and his firm is only compensated if he is successful in obtaining a recovery. Call today to be connected with one of the top Miami truck accident lawyers in the legal field.
During your initial consultation, attorney Nunez will review the details of your case to determine the likelihood all four of the following elements are present in your claim:
In order for a truck driver and/or trucking company to be responsible for your damages, a truck accident lawyer must first demonstrate that the defendant had a duty of care for your safety – in other words, the truck driver and/or trucking company failed to do something or did some improperly which lead to the crash. Because large truck drivers operate on public roadways, there is a special duty of care for everyone who accesses those same spaces. This means that a truck driver must adhere to not only the same traffic laws and legal regulations as every day drivers, as well as use reasonable caution in all that they do, but they have specific regulations that have to be complied with when driving around in the tractor-trailer.
A truck accident attorney must also be able to demonstrate that there was a breach of the duty of care. For instance, operating a truck at high speeds, not approaching an intersection safely, failing to maintain a semi-truck’s safety equipment properly, and driving during mandatory break periods all breach the driver’s or trucking company’s duty of care.
The third element of liability is causation. This means that whatever breach of duty the driver or trucking company committed caused the trucking accident that lead to injuries (a.k.a. damages). For example, if a fatigued driver runs a red light and t-bones a car that had the right of way, it would be pretty clear that the driver’s breach of duty caused the accident.
The final element that a truck accident attorney must show is that the person making a claim suffered injuries to their body and/or repairs are needed to their vehicle (or motorcycle, bicycle, moped, scooter, etc.). Damages can be monetary or non-monetary – for example, pain and suffering, mental anguish, loss of the enjoyment of life, or even scarring. As a Miami truck accident attorney, Bobby Nunez is adept at evaluating the total cost of medical bills, lost wages, vehicle damage, and non-monetary damages like pain and suffering.
If Mr. Nunez recognizes that your truck crash has all of these elements, he can immediately represent you.
While all car crashes are potentially dangerous, there are many factors that make large truck accidents much more potentially hazardous than car crashes. To begin with, the maximum weight of a loaded commercial vehicle in Florida is 80,000 lbs, while the average weight of a car is a little over 4,000 lbs. That means fully-loaded semi-trucks are 20 times heavier than passenger cars.
In addition to being much heavier, trucks are longer, which means that they’re less maneuverable than smaller vehicles. Trucks sometimes carry explosive or hazardous materials, which means that the impact during a truck collision may only be the start of the danger.
Because of these enhanced risks, the drivers of large trucks must undergo extensive training and follow a series of strict state and federal regulations. However, many truck drivers cut corners to make more money or keep their deliveries on schedule.
Miami-Dade County has a larger population than any other county in the State of Florida. Consequently, it has the greatest number of accidents, and truck accidents in particular. According to the Florida DHSMV, in 2021:
If you’re one of the thousands of drivers or passengers involved in a truck accident in South Florida, you need to contact a truck accident attorney with a reputation for winning. Call our accident law firm today.
As is the case with car accidents, truck accidents can arise from a number of causes. Here are some of the most common reasons for commercial truck accidents:
As a Miami truck accident lawyer, attorney Nunez will review the crash report, depose police officers, and consult with truck accident reconstruction experts to determine the cause of the crash. If the driver or trucking company was responsible for the accident, he can pursue your case through their insurers or in a civil court.
Truck accident injuries tend to be similar to car accident injuries. The difference is that because of the massive size of the truck, injuries are common in a motor vehicle accident involving one, even at low speeds. Here are some common truck accident injuries:
Whether you’ve suffered minor or severe injuries, you have a right to recover damages from your trucking accident. Reach out to our law firm immediately to discuss your Miami truck accident case.
We represent clients in all types of trucking accidents. Here are some of the types of truck accident cases we handle:
If you’ve been involved in a serious trucking accident that caused injuries, contact a South Florida personal injury lawyer right away. In Miami, attorney Bobby Nunez represents clients on a contingency basis, which means clients do not have to pay his legal or costs fees out of pocket until/when he wins the case; basically, he collects from the trucking companies’ insurers.
These tips should not be considered legal advice, but they could prevent further injury in a semi-truck accident and help you recover compensation for a truck driver’s negligence.
If you contact Miami truck accident attorney Bobby Nunez, he can review your claim. You’re under no obligation to hire him, and the consultation is free.
Florida allows plaintiffs in personal injury cases to pursue three types of damages. Economic damages and non-economic damages are compensatory damages, while punitive damages are non-compensatory.
Economic damages are a dollar-for-dollar reimbursement for the financial costs of an accident. They include medical expenses, lost wages, property damage, and future anticipated costs, like future medical bills and diminished earning capacity.
Not all costs of an accident involve a financial expenditure. Non-economic damages, or pain and suffering damages, attempt to reimburse injury victims for their physical pain, emotional trauma, diminished quality of life, and more. In a wrongful death case, non-economic damages also include loss of companionship and the victim’s pain and suffering before their death.
These are non-compensatory damages paid to accident victims to further punish the defendant for willful behavior or egregious negligence. Punitive damages are less common in commercial truck accident cases. Examples of where punitive damages might apply would be when a trucking company fails to correct known safety violations or when a driver is discovered to be severely impaired.
While there are no caps on economic and non-economic damages in the state of Florida, the law caps punitive damages at three times compensatory damages or $500,000, whichever is greater.
Damage calculations are complex, but Miami truck accident attorneys are familiar with established damage calculations, which is why it’s always better to pursue damage claims through a personal injury attorney.
These are some of the most frequently asked questions heard by Miami semi-truck accident lawyers. For answers to your specific questions, contact attorney Bobby Nunez today.
The statute of limitations in Florida is four years after the accident. After that, you will not be eligible to receive compensation for your accident. In cases of wrongful death, the four-year clock begins when the victim passes.
Insurance adjusters are known for lowballing settlement offers when dealing with individuals struck by commercial trucks. If they can get you to take a fast settlement and sign a waiver before you start talking to Miami truck accident lawyers, they can increase their profitability. As an accident victim, however, you may be settling for much less than you’re entitled to.
Personal injury lawyers work on a contingency basis, which means they collect their fees based on winning your case. They justify these fees by negotiating for a much higher settlement amount. Even if you ultimately decide not to use a personal injury lawyer to settle your claim, you owe it to yourself to hear what they have to say about the insurance company’s settlement offer. Mr. Nunez will review your claim in a free, no-obligation consultation.
Only the personal representative of the decedent’s estate can file a personal injury claim in Florida. In the event that the deceased individual didn’t have a will, the courts can appoint a personal representative after their death.
Truck drivers and trucking companies are obligated to maintain and operate their vehicles in a manner that’s safe for all other parties. When they fail in this responsibility and others are hurt, the victims deserve compensation. If you’ve been injured in a truck accident, attorney Bobby Nunez will represent you for free. Call today for a free consultation.
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For a Free legal consultation with a personal injury lawyer, Call (305) 390-2935