What To Know If You Have Been Injured In a Truck Accident
The State of Florida, due to its geography, is a center of trade given its number of ports and airports. A high volume of goods moves into and out of the state every day. Most of the transportation over land involves semi trucks, which can carry everything from produce to heavy construction equipment. Large transport vehicles are far more difficult to maneuver and operate than lighter passenger vehicles given their size and turn radius. In addition, the height of the trucks, long stopping distance and the extent of the blind spots of the driver make collisions with passenger vehicles far more fatal then other types of car accidents.
Trucking law involving personal injury fall within the category of negligence. That is the injured party, who may subsequently become a plaintiff, would have to prove the four elements of negligence, that is duty, breach, causation and damages. To prove the driver/operator of a truck was negligent, the injured party must prove that party had a duty, which was breached through some action or failure to act and resulted in damages. This standard is also shared with car accidents to do not involve a heavy truck.
However, truck accidents, unlike those involving passenger vehicles, may also involve not only traffic laws and civil liability rules but also the rules established by the Department of Transportation and also the Federal Motor Carrier Safety Administration (FMCSA). Trucking accidents often are a result of active negligence such as excessive speed, failure to observe distance with surrounding vehicles, driving under the influence of sleep suppressing drugs. Additionally, accidents may be caused by transporting excessive cargo loads and failing observe to observe all safety regulations while transporting dangerous cargo.
A large number of truck accidents are also caused by inaction. Trucks are commercial vehicles generating revenue when they are in service transporting goods. As such, these vehicles are under constant stress and require frequent maintenance and repairs. Unfortunately, many repairs are overlooked or delayed in order to avoid incurring extra costs. Moreover, a defective part may also cause the operator to lose control of the truck and also result in the trailer becomes detached mid transport causing significant damage.
Trucking accidents may become very complicated due to the large number of parties involved. Those liable for the accident may be the operator of the truck, the employer, the owner of the dangerous cargo and even the manufacturer of the truck or any of its part if they contributed to causing the accident. Due to the complexity of tracking accident litigation, it is important to consult an experienced attorney to preserve your rights and to seek just compensation for the damages and injuries caused.
At The Perazzo Law Firm, we pride ourselves in representing the people of Florida and their families. We will always put our clients’ needs at the forefront of the fight against the insurance industry. Our Miami personal injury lawyers have dedicated their entire careers in fighting for your rights. Whether you seek compensation for injuries, fighting for justice for wrongful arrest or looking for a home, you can rest assured our lawyers will be there for you.
If you or a loved one has suffered an injury, we encourage you to call us at 786 LAWS-411 (786-529-7411) to set up a FREE consultation to discuss your legal rights