Were you recently injured in a truck accident in Hialeah, Florida? Our experienced Hialeah truck accident lawyers are ready to fight for your legal rights and help you obtain the compensation you deserve. Call us today for a free consultation and case evaluation.
You may be entitled to seek compensation for medical bills, loss of income, pain and suffering, and more. Contact our Hialeah law offices to discuss the legal options that might be available to you following your truck accident. The next steps are crucial. Let Schilling & Silvers Personal Injury & Car Accident Lawyers assist you with your 18-wheeler or truck accident case today.
Truck accidents in Hialeah, Florida, are not uncommon occurrences. The bustling Miami-Dade County, where Hialeah is situated, experiences a significant number of truck crashes annually. According to the Florida Department of Highway Safety and Motor Vehicles’ latest data for CMV (Commercial Motor Vehicle) crashes, Miami-Dade County reported 2,970 CMV crashes in 2021 alone.
This statistic underscores the prevalence of truck accidents not just in Hialeah but throughout the county. With a 5.58% increase in CMV crashes from the previous year, it’s evident that these incidents pose a significant risk to motorists on the roads of Hialeah and its surrounding areas.
Florida, as a whole, sees a considerable number of truck accidents annually. According to the National Safety Council, in 2021 alone, Florida reported 373 deaths from such accidents, ranking third among states with the highest number of fatalities.
For immediate legal assistance or to speak with a truck accident attorney in Hialeah about your rights, contact our law firm today.
Florida, known as the Sunshine State, boasts a flourishing trucking industry driven by its strategic location and robust economy. This sector plays a pivotal role in the state’s economy, facilitating the transport of goods across Florida and beyond. Major highways like I-95, I-75, and the Palmetto Expressway are bustling arteries, carrying a significant volume of commercial trucks, especially in and around Hialeah.
The trucking industry in Florida is vital, acting as a gateway for shipping goods to Latin America and the Caribbean. This strategic position has attracted international companies to establish distribution centers, enhancing the industry’s growth. Nearly 500,000 people find employment in Florida’s trucking sector, making it a major contributor to the state’s economy.
Florida boasts a well-developed infrastructure supporting seamless transportation. Highways like I-95 and I-75, coupled with ports such as Port of Miami and Port Everglades, offer efficient routes for transporting goods. These highways, including U.S. Route 27, are essential for the trucking industry, but the high volume of traffic, particularly during peak seasons, can lead to congestion, delays, and crashes.
A Hialeah truck accident lawyer can ensure your rights are protected if you have been involved in a crash with an 18-wheeler in the city.
Truck accidents can take various forms, each with its own set of challenges and potential injuries. Some common types of truck accidents include:
Truck accidents can leave a trail of devastation, from severe injuries to emotional trauma. In addition, these types of claims are intricate legal matters, often involving multiple parties and intricate state and federal trucking regulations. Handling such claims without expert legal guidance can be risky.
Our truck accident lawyers in Hialeah are renowned for their assertive advocacy and unwavering commitment to our clients. We understand the complexities of truck accident cases and know how to navigate the legal landscape to secure the compensation you deserve.
When you turn to our legal team for your truck accident claim, you can expect:
In the realm of trucking accidents in Florida, understanding comparative negligence laws is essential. This legal framework, updated in 2023, shapes how fault and compensation are determined in these cases.
Under Florida’s modified comparative negligence law, if the plaintiff filing a negligence suit is found to be more than 50% responsible for the damages they are seeking, they may not be able to recover any damages. This nuanced law underscores the importance of either you or your truck accident attorney in Hialeah establishing clear liability in a injury lawsuit.
Trucking companies, maintenance contractors, cargo loaders, vehicle manufacturers, parts suppliers, and government entities could all share liability.
Navigating the intricate web of liability in truck accidents requires expertise. A proficient attorney can help in various ways:
In the aftermath of a truck accident, numerous factors come into play when determining the settlement amount. These factors can significantly impact the compensation a Hialeah truck accident lawyer can help you receive for your injuries and losses.
One of the most critical factors is the extent of your injuries sustained in the truck accident. Severe and catastrophic injuries often result in substantial medical bills, ongoing treatment costs, and long-term rehabilitation needs. Victims may suffer from conditions such as post-traumatic stress disorder (PTSD) or permanent physical impairments, all of which can significantly impact the final settlement amount.
The higher your medical bills and related expenses due to the accident, the greater the potential compensation you may receive. This includes costs for emergency medical treatment, surgeries, hospital stays, rehabilitation, medications, and therapy. These expenses are carefully considered to ensure you are adequately compensated for the financial burden caused by the accident.
Another crucial factor in determining a settlement amount is the loss of income resulting from the accident. If your injuries prevent you from working temporarily or permanently, you may be entitled to compensation for lost wages. Additionally, future earning capacity may also be considered, especially if the injuries result in long-term or permanent disability.
In addition to personal injuries, property damage to your vehicle is also a significant factor in calculating a settlement. Whether your vehicle requires repairs or replacement, the costs incurred will be factored into the overall compensation amount.
Truck accidents can have a profound impact on your emotional well-being, leading to emotional distress and pain and suffering. These non-economic damages are considered in the settlement to compensate for the mental anguish, trauma, and loss of enjoyment of life experienced as a result of the accident.
Insurance policy limits set by entities like the Federal Motor Carrier Safety Administration (FMCSA) can also affect the settlement amount. These limits determine the maximum amount that can be recovered from the at-fault driver’s insurance company. Negotiating with insurance companies within these limits is crucial to securing fair compensation.
Navigating the complexities of truck accident settlements requires skilled legal representation. Experienced Hialeah truck accident lawyers are well-versed in Florida’s laws and can advocate on your behalf. They know how to negotiate with insurance companies, gather evidence to support your claim, and fight for fair compensation.
As truck accident attorneys in Hialeah our legal team is well aware that these types of accidents present unique challenges that often make them more intricate than standard car accident claims. Here’s why navigating a truck accident claim in Hialeah can be particularly complex:
In many truck accident cases, determining liability goes beyond the truck driver. Other parties, such as the trucking company, maintenance contractors, cargo loaders, and even vehicle manufacturers, may share responsibility for the accident. This multi-faceted liability landscape requires a thorough investigation to identify all potentially liable parties.
The trucking industry is governed by a myriad of federal regulations set by authorities such as the Federal Motor Carrier Safety Administration (FMCSA). Violations of these regulations, such as exceeding hours of service limits or improper vehicle maintenance, can significantly contribute to accidents. Unraveling these regulatory complexities requires a deep understanding of the law.
Unlike typical car accidents, truck accidents demand a meticulous collection of evidence. This includes obtaining black box data, scrutinizing driver logs to check for compliance with hours of service regulations, and reviewing maintenance records of the commercial vehicle. Analyzing this wealth of information calls for the expertise of seasoned legal professionals.
Truck accidents often result in severe injuries, ranging from spinal cord injuries to traumatic brain injuries. Victims may require extensive medical treatment, leading to a comprehensive trail of medical records. These records not only document the severity of injuries but also provide insights into the long-term impact on the victim’s life. Building a robust case around these medical records requires thoroughness and attention to detail.
Given the severity of injuries and the complexity of truck accident cases, insurance companies often vigorously defend against claims. They may attempt to minimize settlements or shift blame onto the victim. Skilled legal representation is essential to navigate these challenges, advocate for your rights, and secure the fair compensation you deserve.
When seeking accountability for a truck accident in Hialeah, multiple parties may be held liable based on the circumstances of the incident. Our Hialeah truck accident lawyers meticulously investigate the details, gathering crucial evidence to determine liability. Here are the potential parties we may pursue for compensation on your behalf:
In Florida, the trucking industry operates under strict guidelines set by the Florida Department of Transportation (FDOT) and the Florida Department of Highway Safety and Motor Vehicles (FLHSMV). These regulations, aimed at enhancing road safety, encompass crucial aspects such as:
Drivers must adhere to specific limits on driving hours to prevent fatigue-related accidents. These regulations, like the ones outlined by the Federal Motor Carrier Safety Administration (FMCSA), dictate how long drivers can operate a commercial vehicle before mandatory rest periods.
Florida mandates that commercial truck drivers hold a valid Commercial Driver License (CDL) and meet minimum requirements for safe operation.
The FLHSMV’s CDL Enforcement ensures drivers are properly licensed and trained to handle commercial vehicles.
Commercial trucks must undergo routine inspections and maintenance checks to ensure they are safe for the road.
FMCSA’s guidelines outline detailed requirements for motor carriers to maintain their vehicles in optimal condition.
If a truck driver or company violates these laws and regulations, it can lead to accidents resulting in severe injuries or fatalities. When negligence or non-compliance is a factor in a truck accident, victims may hold the driver, trucking company, or other parties accountable for damages.
In legal terms, various commercial vehicles fall under the classification of “trucks,” including:
Other types of trucks include: garbage trucks, flatbed trucks, tankers, cement mixers, and more…
Under Florida law, you or your truck accident attorney in Hialeah generally have four years from the date of a truck accident or the discovery of injury to file a personal injury claim. This is one of the most generous statutes of limitations for personal injury cases in the nation. However, it’s crucial to act swiftly to protect your rights.
Exceptions to this time limit exist in specific situations, potentially extending or shortening the filing period. For instance:
Delaying in seeking legal counsel after a Tampa truck accident can jeopardize your case. Missing the Florida statute of limitations deadline may result in the courts refusing to hear your claim, preventing you from obtaining compensation. Additionally, waiting could lead to the loss of crucial evidence, such as witness statements or accident footage, essential for building a strong case.
For those injured in Hialeah, Florida, prompt medical attention is crucial. Here are trusted resources available in the area:
United Wellcare Center Physical Therapy -Tailored physical therapy and medical rehabilitation services to aid in recovery.
Aire Performance Physical Therapy – Specializing in helping individuals recover from injuries and return to their normal lives.
Hialeah Hospital Emergency Care – 24/7 Emergency Room services for immediate medical needs such as heart attacks, strokes, and trauma.
Mount Sinai Emergency Center Hialeah – Open 24/7 for emergency medical care and a range of specialty services.
At Schilling & Silvers Personal Injury & Car Accident Lawyers, we understand the complexities of truck accident cases in Hialeah. With years of experience representing clients in similar situations, our Hialeah truck accident lawyers are committed to advocating for your rights and securing the compensation you deserve.
If you’ve been injured in a truck accident, don’t hesitate to reach out for a free consultation. Let us handle the legal complexities while you focus on your recovery. Contact us today to learn more about how we can help you navigate the path to justice.
Areas near Hialeah we serve include Fort Lauderdale, Pompano Beach, Miami, and more.
Our Personal Injury Law Offices
Fort Lauderdale Office
1700 NW 64th St Suite 460
Fort Lauderdale, FL 33309
(954) 712-8877
Hialeah, FL Office
2300 W 84th St Ste 213
Hialeah, FL 33016
(954) 712-8877
