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.
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.
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?
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.
A Contractor
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.
A Manufacturer
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.
Vendors
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?
Black Box
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.
Video Footage
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.
Logbook
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
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.
Punitive Damages
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
Matthew Dolman, Hialeah Personal Injury Accident Lawyer
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.
Feel free to call us if you have other questions regarding truck accidents. You can contact us at (727) 451-6900 for a free consultation to review your case and discover your options.
Matthew Dolman
Personal Injury Lawyer
This article was written and reviewed by Matthew Dolman. Matt has been a practicing civil trial, personal injury, products liability, and mass tort lawyer since 2004. He has represented over 11,000 injury victims and has served as lead counsel in over 1000 lawsuits. Matt is a lifetime member of the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum for resolving individual cases in excess of $1 million and $2 million, respectively. He has also been selected by his colleagues as a Florida Superlawyer and as a member of Florida’s Legal Elite on multiple occasions. Further, Matt has been quoted in the media numerous times and is a sought-after speaker on a variety of legal issues and topics.
