Truck Accident Lawyer Miami Typestrucks.Com The trauma of a truck accident in Miami can affect the lives of the victim. A truck accident lawyer Miami can help fix some of the leaks, but first there is a key question to answer: who was responsible?
The relationship between trucking companies and their drivers is complex. Depending on the situation, one or both may be responsible. The best way to find out what to do with your situation is to talk to an accident lawyer.
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Liability In a Truck Accident
Someone is legally liable when their failure to comply with their obligations. A violation can include simple negligence or, as is often the case with a commercial truck accident, a violation of federal or state safety law. Your truck accident lawyer Miami will make sure of it.
In Miami, there is another question to ask: Even if someone is to blame, can a victim sue? Miami follows a no-fault system when it comes to car accidents. If you are injured, your only chance is a no-fault claim with your carrier, unless the injury is considered “serious”.
Unfortunately, truck crashes typically cause more damage than passenger vehicles, so they’re more likely to sue for personal injury liability.
Liability on Trucking Companies
Federal and state laws are designed to protect people from the dangers posed by large trucks. They limit the hours a driver can drive at a time, require companies to perform driver background checks and specify how trucks should be inspected and should be documented.
Since these laws are designed to prevent accidents, the company could be held liable if their violation results in injury. Even if the driver caused the accident, for example by accelerating, following too close or falling asleep at the wheel, the company could be responsible for what is called an intervention.
This applies if the driver’s actions were accidental and he acted in the course of his employment. In most contexts, a company is not responsible for the wrongdoing of independent contractors, but the laws make companies responsible for drivers, even if they are contractors. Your truck accident lawyer Miami will investigate this.
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When The Driver Is Responsible?
For accidental errors related to driving, the company will be responsible for the driver. If the driver’s actions were not accidental, the driver may be personally liable. It could also be both are responsible, for example if the driver was intoxicated, the company should have known.
If a driver intentionally acted to cause the accident or did something else unrelated to work, the company will likely argue that he was not acting as an employee at work. If the judge agrees, the driver could be responsible.
Irresponsible company can cause problems because the compensation is more reliable than the recovery from a driver. Your truck accident lawyer Miami will explore all the options and present the strongest arguments that protect your interests.
Why Do You Need a Lawyer?
To receive fair compensation after an accident, you need to know how much your claim is worth, who is to blame, why and how to prove it. It’s a lot to deal with, but a Miami accident lawyer can take care of it for you.
The trucking company and the insurance companies are not on your side; they are only interested in saving money. When you have an experienced truck accident lawyer Miami, you can level the field.