Trucking Accidents in Hialeah
Anything can happen in and around Hialeah, Florida. The city sees dozens of truck accidents annually, and the damage can be severe. If a truck driver’s negligence led to your injuries, an attorney helps you get the reimbursement the other party owes you.
A Hialeah truck accident lawyer from Dolman Law Group can help you handle your case. Our team listens to your story and works with you to devise a strategy to meet the defendant head-on.
Our team is not afraid to take on negligent carriers as well. We are willing to take even large trucking companies like Andoba Trucking to court. You can rest easy knowing our office is by your side.
Table of Contents
- Why Choose Dolman Law Group
- Where Do Truck Accidents Occur in Hialeah?
- Common Causes of Truck Accidents
- Who Is Negligent in a Truck Accident Claim?
- Possible Defenses in a Truck Accident Claim
- What Evidence Does a Truck Accident Lawyer Need?
- Compensatory Damages in Truck Collision Cases
- Contact a Hialeah Truck Accident Lawyer
- Frequently Asked Questions
Why Choose Dolman Law Group
The legal process for a claim can be strenuous to navigate, especially if someone is unfamiliar with state laws. A truck accident attorney has the necessary qualifications to find the liable party and take on insurance companies. Dolman Law Group knows how to approach each client’s case and work toward a fair settlement.
Our team has been in practice for years, and our results show how we dedicate ourselves to achieving the best outcome. Past cases ended in settlements like $3.85 million for a traumatic brain injury following a semi-truck crash. Another client received $1.75 million for their losses. Not every resolution is the same, but our goal is to maximize your potential compensation.
Our office listens to every client and treats them with the utmost care. We understand the struggles you face because of a truck accident. As a result, we pay attention to your medical needs and can get you in touch with our network of doctors.
We have an office in Hialeah, so residents in the area can work with someone they can trust. Reach out to us for a one-on-one meeting at any time.
Where Do Truck Accidents Occur in Hialeah?
Interstates and highways allow truck drivers to reach different cities within hours. Since Hialeah connects to multiple major roadways, several residents have suffered from truck collisions. Interstate 75 passes by the area, and the stretch of the road tends to see heavy congestion during the day. The number of vehicles on the interstate increases the risk of a collision.
Another place with a potential for truck accidents is State Road 826. The Palmetto Expressway sees over 250,000 vehicles daily, and many are semi-trailers. The chances for a negligent-based crash increase during the peak of rush hour.
Hialeah can experience frequent rainy weather, especially during the summer months. The rain can make traveling conditions unsafe, and the major roads have a higher accident potential. No matter the location of the incident, we are ready to help you with your claim.
Hialeah Truck Accident Lawyer Near Me 833-552-7274
Call a Hialeah Truck Accident Lawyer Today
Semi-trailers generally leave lasting consequences for victims. You should not have to face the aftermath of a crash alone. We at Dolman Law Group are ready to assist you in any way we can. We have the resources you need to deal with insurance companies.
One of our truck accident lawyers can work with you directly and keep you updated on your claim’s current status. You can focus on your comfort while we deal with all the paperwork for you. Do not delay getting an attorney’s help for your case. Contact us for your free consultation.
Common Causes of Truck Accidents
The Florida Highway Safety and Motor Vehicles report over 32,000 truck incidents yearly. Many reported cases involve injuries, and some lead to a fatality. Victims generally have the right to pursue legal action if the crash was due to someone else’s carelessness.
When you file a claim, you must show how the driver was negligent. A part of the process involves finding the cause of the collision.
Reasons a truck accident happens may include:
- Improper training. A different set of skills is necessary when someone handles a semi-trailer. The driver needs to know how to maneuver around heavy traffic. They need to be aware of how to brake safely as well.
- Incorrect cargo loading practices. Trucks are already heavy, and cargo adds to the weight. If workers overload items in the trailer, the vehicle could experience swaying and other issues.
- Mechanical errors. Several accidents are due to faulty truck parts. Roughly 55 percent of crashes have had at least one mechanical defect. Issues with the brakes account for a majority of damaged equipment. A deficiency may happen due to infrequent repairs or an unsafe product design.
- Fatigue. Truck drivers tend to travel for a long time. Some operate during the night or early morning hours. While federal regulations require break periods, a driver may still experience fatigue. They are less likely to respond to other vehicles in time.
Other factors could have contributed to your collision. A cause may not seem evident at first, but a close inspection can reveal the facts of the event. Our firm can review your case to determine if negligence took place.
Who Is Negligent in a Truck Accident Claim?
For a free legal consultation with a truck accidents lawyer serving Hialeah, call 833-552-7274
The Truck Driver
Many factors contribute to a truck accident, and different entities can be responsible for damages. In many instances, the truck driver behaved negligently. They have many ways to make the environment unsafe for other vehicles. The person likely went over the speed limit or ignored the hours-of-service regulations.
Truck operators need to inspect their rigs to ensure everything works in the correct order. Even a minor issue can create a significant problem during transportation. If the driver did not solve a maintenance problem, you could hold them liable.
The Trucking Company
A victim of a truck collision could name the driver’s employer as the negligent party. The trucking carrier is responsible for the semi-trailers and drivers they send during deliveries. The employer might have inadequate hiring practices, and an unqualified operator got behind the wheel.
In addition, the trucking company could have pressured employees to work long hours. They likely pushed the worker to go past their hours of service. As a result, the driver experienced the effects of fatigue.
Other responsibilities of a carrier include regular inspections and repairs of semi-trailers. A company has to check for possible mechanical errors and fix them. Records could show the driver’s employer neglected their duty.
Another potential defendant in a claim is a contractor. Not every truck driver works directly for a company. Records might show a third-party contractor knowingly hired an operator with a history of traffic violations.
If the contractor is a government agency, you go through the process of filing a claim against the government. The driver needed to have been on the road within the scope of their employment.
Manufacturers of semi-trailers and truck parts are liable if mechanical errors were due to their negligence. Someone might link faulty brake pads or an engine to the creator instead of poor maintenance on the truck driver’s end. Your lawyer may discover how a company cut corners during production or the design had unsafe flaws.
A trucking company’s operations might involve other third parties to perform specific tasks. A vendor might be in charge of administrative work, and another handles dispatching. A vendor could be negligent if its duty involved conducting background checks.
A lawyer investigates to see whether the third-party entity did its duty with reasonable care. A vendor becomes an at-fault party if a driver joins the staff despite failing a drug test. The vendor may exercise significant control of dispatching duties. Therefore, the company could be liable.
Dolman Law Group examines every document to learn who owes you compensation. Our attorneys could discover multiple parties were negligent and help you take legal action.
Possible Defenses in a Truck Accident Claim
While you work to establish liability, the opposing side may have one or more arguments to prevent a payout.
A few common defenses include:
- Blame the accident on another party. The truck driver could attempt to place the fault on their employer. A trucking company might use a vendor as a scapegoat. The evidence you collect during the investigation can prove otherwise.
- The plaintiff exaggerated the extent of the damages. Insurance companies can reduce payment if they successfully argue the victim embellished the severity of their injuries. If the plaintiff delays treatment, the other side is more likely to use the argument.
- The statute of limitations expired. The other party could have the judge dismiss a case if the plaintiff ran out of time to file a claim. You only have a few years to take legal action against the at-fault group. A lawyer helps you avoid a technicality from impacting your ability to get compensation.
Some defendants resort to attacks on the plaintiff’s character to sway the jury’s opinion. Your attorney protects you from whatever the other side may do. We can assist you with preparing any arguments from the defense.
What Evidence Does a Truck Accident Lawyer Need?
When a plaintiff attempts to prove negligence, they need strong evidence to back up their argument. Their lawyer collects various types of documents to establish liability. An example would be a black box. A black box is in the cab, and the device records data from the truck.
You can get information on how the mechanical system functioned during transport. You can learn whether the at-fault party applied the brakes correctly. Black boxes can tell people how fast the driver was going as well.
Your lawyer may obtain camera footage from someone’s dash cam. Many semi-trailers contain a camera to monitor how the truck driver maneuvers on the road. You can provide your footage if you own a dash cam. A witness could have recorded the incident as well.
In addition, many streets have CCTV cameras to record traffic. A truck accident lawyer can get a copy of a video from one of the devices.
Since federal regulations dictate how long a truck driver can be behind the wheel, truckers must document their shifts. They need to have a logbook to track how long they have worked. Your lawyer can use the at-fault driver’s logbook as evidence.
A logbook might reveal one or more workload violations. If the person fell asleep behind the wheel, the records may show how negligence contributed to their exhaustion.
Medical records play a role in truck accident claims. You can use them to prove the accident caused severe physical damage. Every X-ray scan, test result, and doctor’s note can invalidate an insurance company’s argument of exaggerated injuries.
Additionally, copies of bills and receipts help plaintiffs during negotiations. They know how much money to ask for from the insurance company. You can use expenses you expect to pay in the future as well.
Our truck accident lawyers know what pieces of evidence your case needs. We help you collect the necessary information and keep the proof safe.
Compensatory Damages in Truck Collision Cases
Truck accident claims contain several possible losses plaintiffs can recover. Once you progress with your treatment, you can get an estimate of how much money to claim. The other side reimburses you for hospital stays and any surgical procedures. A settlement includes additional expenses for future medical care as well.
You can recover the money you lost for the period you were unable to work at your job. Pay stubs can show how much the other side owes you in wages. Furthermore, debilitating injuries affect people’s ability to earn income in the same way as before. They can receive reimbursement for loss of earning capacity.
If a truck accident results in the victim’s death, the surviving family members can obtain compensation. The person in charge of the claim may seek payments for funeral and burial costs.
Some damages do not represent an economic loss. The effects of a catastrophic injury can result in pain and suffering. An accident can leave someone with feelings of anxiety and a lack of appetite.
Truck collisions may create permanent scars on the body. In a settlement, someone can claim disfigurement for the physical and emotional impact. Your attorney calculates the worth of non-economic damages and argues for fair compensation.
Only a few judges in truck accident cases award punitive damages to the plaintiff. Generally, punitive damages punish the defendant for egregious behavior. The judgment discourages the liable party from repeat offenses.
Find a Hialeah Truck Accident Lawyer Today
Dolman Law Group has a track record of success and is ready to listen to your side of the story. Our Hialeah truck accident lawyers work with you during each phase of the legal process. We look into every aspect of the case to achieve the best results possible.
What Truck Accidents Are Dangerous?
All of them.
Semi-trailers are responsible for the transportation of most cargo throughout the state. Due to the frequency of large vehicles on the road, around 11 percent of traffic accident fatalities involve at least one truck. The size and weight of a commercial truck make accidents more dangerous to passenger vehicles.
One of the most severe types of truck accidents is an underride collision. An underride is when a car becomes stuck underneath the trailer. The truck usually crushes the vehicle as a result. This happens when the semi-trailer brakes and the driver in the back does not stop in time. Most trucks have guard rails, but some do not.
Another common semi-trailer crash is a rollover. Rollovers happen when the commercial truck flips over. Truck drivers risk falling onto their sides when speeding through turns or curves on the road. Semi-trailers can create extensive damage, especially if it carries a heavy load.
Some people suffer acute injuries from a jackknife accident. Jackknife refers to the appearance of the truck when the trailer swings toward the front. Improper braking or sudden stops causes the back of the vehicle to sway from the momentum and hit nearby cars.
Who Sues on Behalf of a Minor?
Many of the 44,307 annual truck accidents in Florida involve underaged victims. The injured party usually is the one to represent themselves in the average truck accident case. However, minors do not have the legal ability to file a claim. Nevertheless, a child can still obtain reimbursement for injuries.
Parents can begin a lawsuit on behalf of their injured children, and they can sue for economic and non-economic damages. Compensation includes hospital and physical therapy bills related to the accident. A child can get money for loss of enjoyment of life, disfigurement, and pain and suffering.
Large settlements involving minors require the parents to file a Petition for Approval of Settlement to gain the court’s agreement. The document’s purpose is for the judge to ensure the terms of the settlement are in the child’s interests.
In several cases, the parents receive the funds for their children’s care. Alternatively, the judge has the money go to a secure bank account. Compensation may remain in the account until the child turns 18. However, the court can allow a parent or guardian to withdraw funds for the minor’s housing or medical needs.
If your child sustains injuries from a truck accident, Dolman Law Group can assist you with the specific procedural requirements. We work hard to ensure the outcome favors you and your family.
What Is the Deadline for Truck Collision Claims in Hialeah?
After an injured person gets the medical care they require, they should speak to a lawyer as soon as possible. They do not have unlimited time to establish a claim and pursue compensation. Florida’s statute of limitations sets a deadline for all truck accident cases.
You have four years from the moment of the collision to take any legal action against the at-fault party. However, a few exceptions entitle people to pause the statute of limitations. In addition, claims for property damage have the same deadline.
An individual must file a wrongful death lawsuit if the truck accident brought about fatal injuries. The statute of limitations is only two years from the day of the person’s death. A personal representative of the victim’s estate is responsible for the claim.
A person should not need to worry about losing their right to financial reimbursement. A truck accident lawyer prevents the possibility from happening. Our attorneys handle most of a claim’s legal work and submit the appropriate documents on time.
What Fee Do Truck Accident Lawyers Charge?
Litigation can become costly, and people assume truck accident lawyers are out of their budget. Moreover, some insurers reinforce the idea of expensive attorneys. They want to stop the victim from hiring a firm’s services. However, most truck collision attorneys operate on a contingency basis.
A contingency fee is a form of payment where the client does not pay the lawyer unless they win a case. The settlement check arrives at the firm first. Then, your attorney deducts their fee before mailing the remaining funds to you.
Usually, a contingency fee is a fixed percentage. The exact amount may depend on the firm and the risks of a claim. A complex case with the potential for a large settlement could have a higher fee percentage.
A few truck accident lawyers use a variation of the contingency agreement. An example would be a mixture with an hourly arrangement. Additionally, some people can negotiate for a lowered rate.
The discussion of a lawyer’s fee occurs during the initial meeting. You can learn the specifics of how you would pay an attorney before you hire them.
What Qualities Should Truck Accident Lawyers Have?
When searching for a Hialeah truck accident lawyer, you should keep a few aspects in mind. An attorney should display the necessary qualities to handle a complex case. For instance, your lawyer needs to be professional throughout the legal process.
Other qualities to look for include:
- Experience. Your truck accident attorney should have a history of handling claims like yours. They are more familiar with Florida’s laws and court procedures. An attorney with a track record understands what tactics the defense may use.
- Empathetic. Some firms treat clients as another case file and try to resolve claims quickly despite a low settlement offer. An attorney should listen to you and show respect. You deserve a lawyer who meets your needs and does not make you feel bothersome.
- Available for questions. Consultations give you time to ask questions, but you may have other inquiries down the road. A qualified attorney is around to address any concerns their client has on time. A person should not have to wait days or weeks for a response.
- A positive reputation. Many firms publish client testimonials on their websites. You can read about other people’s experiences with an attorney. Positive statements give you an idea of the lawyer’s professionalism and how well they care for clients.
- Willing to take on the defendant. The at-fault party may have plenty of resources for a strong defense. Your truck accident lawyer should not be afraid to take on the defendant or the insurer. An attorney needs to fight aggressively to secure a better settlement deal.
Dolman Law Group has years of experience with truck accident cases. Our knowledge and skills allow us to face the liable party head-on. Even if the defendant is Allied Trucking of Florida or another company, we do not back down. Many clients have benefitted from our aggressive representation, and we focus on their medical needs.
What Is the Purpose of Maximum Medical Improvement?
An injured individual should not accept an offer for reimbursement soon after a truck collision. They must wait until they have seen a doctor and started their recovery. Many lawyers recommend victims wait until they reach maximum medical improvement before issuing a settlement demand.
Maximum medical improvement identifies when a victim recovers to the fullest extent possible. The person’s doctor determines when they are stable and no longer need their current treatment plan. However, the individual may not have returned to their condition before the accident. They still may need additional care in the future.
The length of time accident victims need to reach maximum medical improvement can vary. The contributing factors include the extent of the injuries and how a body responds to medical care. Other conditions may develop and slow down a person’s recovery.
Usually, your attorney waits until you have reached maximum recovery before they negotiate with the insurer. They can ensure the payout covers all your medical expenses and future expected losses. Furthermore, you would know if the accident affected your ability to return to the same job and can seek loss of future earning capacity.
A truck accident victim does not need to wait and can accept a settlement early in the process. However, the funds they receive likely will not be enough to pay for accident-related expenses. They cannot reopen their claim if they discover more losses.
How Does Social Media Hurt Your Claim?
Some people feel the temptation to share their accident details on social media. They might want to update their followers on how they are doing. However, attorneys do not recommend a person post on social media if they file a claim.
What someone says online can cause a setback for their case and impact their final settlement. Insurance companies regularly look for ways to undermine the claims of victims. Social media is another tool for them to use. The other party’s insurer likely will look you up on various platforms.
The adjuster tends to search for status updates to suggest your injuries are not as severe as you say. They could use a seemingly harmless photo as evidence against your claims. The insurer can reduce your compensation if they are successful.
Privacy settings do allow users to control who views their posts. They could permit only friends and family to see their content and limit sharing abilities. Nevertheless, a friend can reblog a post on some sites. The adjuster could see the shared status update when they dig deeper.
Even though viewing your social media seems unfair, the court does allow the defendant to use your accounts as evidence. Still, a couple of legal boundaries may apply.
Do You Need an Expert Witness?
An expert witness is someone who testifies on behalf of the plaintiff. They become a part of truck accident cases due to their specific knowledge in a field related to an accident. An expert witness is impartial and provides a report of their opinion.
Semi-trailer accident claims benefit from the testimonies of expert witnesses. A forensic expert can be crucial when you need to prove negligence. If you suspect the truck driver was drunk behind the wheel, the forensic expert can find evidence of the substance in their system.
An expert witness maximizes the value of your claim as well. They prove how the accident led to damages and display the true extent of the injuries. If your lawyer gets a vocational expert, the witness discusses whether you can return to work and in what capacity. Their opinion is necessary for claims of missed wages.
The insurance is less likely to argue for a reduced settlement successfully. Your attorney can negotiate for a higher offer. Our team knows which expert witness might bolster your claim.
How Does a Lawyer Calculate Damages?
A portion of the settlement deals with the financial costs of the truck accident. The attorney adds all the bills, receipts, and pay stubs of missed income. They may factor in the expenses of anticipated future care as well.
Next, the lawyer calculates non-monetary damages. Firms may use different formulas since something like mental anguish does not have an exact value. Once they determine a figure, they combine it with the sum of the economic damages.
Attorneys are aware of which other factors could increase the value of a claim. They know how to get a settlement figure as accurate as possible.