Florida Truck Accident Injuries | Alan Goldfarb, P.A. https://www.goldfarbpa.com Tue, 05 Dec 2017 17:33:24 +0000 en-US hourly 1 https://wordpress.org/?v=6.5.2 Young Child Dies In Tragic Accident On Florida Turnpike https://www.goldfarbpa.com/young-child-dies-in-tragic-accident-on-florida-turnpike/ Tue, 05 Dec 2017 17:33:24 +0000 https://www.goldfarbpa.com/?p=3368 Read More »]]> Losing someone you love is always heartbreaking, but the pain is only amplified when the victim is a young child who had their whole life ahead of them. An example can be found in the tragic accident that occurred on Florida’s Turnpike in Southwest Miami-Dade where a 5-year-old girl lost her life.

The young girl was a passenger in a Jeep Liberty being driven by a 22-year-old woman and occupied by another woman and three children. A semi-trailer suddenly began to close in on the Jeep, according to investigators, which then caused the driver of the Jeep to brake to avoid a collision. This caused her to lose control causing the vehicle to roll over multiple times, according to The Miami Herald. Four of the occupants in the Jeep suffered serious injuries and, sadly, the 5-year-old girl passed away due to the severity of her injuries.

Taking Action to Hold the Negligent Party Accountable

If you were injured or you lost a loved one in an accident caused by a truck, a Miami personal injury attorney can help you file a civil lawsuit to pursue financial restitution for the expenses you have been saddled with as a result of the collision.

When a commercial tractor-trailer is involved in a collision, a personal injury or wrongful death

claim is filed against the truck company that owned the actual big rig, in addition to the truck driver. The truck company is liable due to a long-standing legal principle known as respondeat superior. This is a legal term that essentially means an employer is responsible for the negligent acts of their employees if the acts are committed while the employee is performing a work-related duty. When a truck operator is hauling materials on a road or highway, they are within the scope of their employment.

How a Miami Truck Accident Attorney Can Be of Service to You

If you are contemplating taking legal action against a large truck company, do not go it alone. Truck accident injury claims are some of the most complex and heavily litigated in the field of personal injury law. As mentioned, there are likely multiple parties who may be liable for your injuries. Nevertheless, it is quite common for defendants to deny fault and refuse to agree to a fair and reasonable settlement. This is where an experienced and skilled attorney can be of service. They can go to work for you collecting evidence from the crash, contact witnesses, retain experts, review your medical records, and take other actions to help strengthen your injury claim.

Having an attorney on your side is also beneficial because, following a serious collision, many truck companies immediately commence an investigation of the accident. Level the playing field by having a lawyer investigate the wreck on your behalf.

Contact a Miami Personal Injury Lawyer Today

Now is the time to reach out to an attorney to schedule a free case review. In Florida, there is a statute of limitations for all civil claims so you only have a finite period of time to file a lawsuit. The Miami injury lawyers at the office of Alan Goldfarb, P.A. are ready to help.

Resource:

miamiherald.com/news/local/community/miami-dade/kendall/article184273578.html

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Suing for a Miami-Dade County Truck Accident Depends on Liability https://www.goldfarbpa.com/suing-for-a-miami-dade-county-truck-accident-depends-on-liability/ Thu, 09 Mar 2017 18:08:16 +0000 http://www.goldfarbpa.com/?p=2422 Read More »]]> In February 2017, a 53-year-old man was killed by a truck on State Road 90, according to Patch. The accident happened west of SW 158 Avenue. According to Florida Highway Patrol, the truck driver allegedly hit the individual around 1 p.m.

The 53-year-old man was returning to his vehicle, 1999 Chevrolet Prizm, located along the right shoulder of the highway. The truck allegedly hit the rear of the Prism along with the driver. Florida Highway Patrol is currently investigating the accident. It’s unknown whether the truck driver will be charged with a crime or cited for any traffic violations.

Miami-Dade County had More than 1,400 Commercial Vehicle Accidents in 2015

According to the Florida Department of Highway Safety and Motor Vehicles, the number of commercial vehicle accidents decreased by 1.58 percent from 2014. A commercial motor vehicle is used to transport passengers or cargo from one place to another. The motor vehicle is generally larger than a passenger vehicle.

A truck accident may have occurred because of a series of factors. These factors may not involve negligence. This means the accident was an unfortunate accident and no one is at fault. However, if a truck accident happened because of negligence, filing a personal injury claim depends on who was at fault.

Negligence in Miami involves a Driver’s Actions Causing a Truck Accident

Negligence occurs when a driver fails to operate a motor vehicle in a reasonable manner, and that failure leads to damage. Every person operating a motor vehicle in Florida has a duty to pedestrians, passengers and other drivers.

For instance, a truck driver must watch out for all drivers stopped on the shoulder of the highway. If another truck driver of reasonable skill would have watched out for an individual walking to his car on highway’s shoulder, the truck driver who caused the accident would be liable. This means the truck accident was preventable and the truck driver had a duty to avoid harming the individual on the shoulder of the highway.

In a truck accident, more than the truck driver could be liable for the accident. Other parties who could be sued are:

  • Trucking companies who encourage bad behavior or failed to regulate their drivers. Encouraging bad behavior may include encouraging their drivers to drive more than sleep to get to their destination.
  • Tractor trailer manufacturers who may have made a defective part. The defective part may have led to the truck accident.

We Have Experience Fighting for Victims Harmed in a Truck Accident

Truck accident injuries can range from minor to serious. Unfortunately, these accidents could cause devastating injuries or even death. If you or a loved one was hurt in a Miami truck accident, contact us for help. We will fight for compensation for you. Contact us at the office of Alan Goldfarb, P.A. for a free consultation to learn more about obtaining money to help you recover from your injuries.

Resources:

patch.com/florida/miami/53-year-old-man-killed-truck

flhsmv.gov/pdf/crashreports/crash_facts_2015.pdf

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