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When the Truck Driver Dozed Off
The sheer size and weight of semi-trucks, tractor-trailers and 18-wheelers means that when they do happen, they almost always result in serious, if not fatal injuries. Not surprisingly, victims often suffer catastrophic injuries, such as brain injuries and spinal cord injuries. No doubt, with so much on the line, you need the best attorney you can find that has experience handling trucking accident cases. An experienced Miami truck accident lawyer will help guide you to success. We know the importance of understanding the dynamics of your case how the law applies to it. If you were injured in a Miami 18 wheeler accident or a Florida truck accident, call us today. for a free consultation.
The average long-haul truck driver works approximately 60 hours per week, driving over 107,000 miles annually, according to the Center for Disease Control and Prevention. These types of hours mean overworked, tired, and distracted drivers, which can often lead to fatal accidents.
For truck drivers, most accidents can be attributed to fatigue, improper training, blind spots, overloading the truck, equipment failure, and tire blowouts. In fact, truck drivers are required by the Department of Transportation to undergo field tested enforcement and compliance programs to reduce preventable tragedies from commercial motor vehicle crashes, fatalities, and injuries.
The use of drugs and alcohol, speeding, and illegal lane changes can also lead to trucking accidents. No matter the cause of a trucking accident, the resulting damages can be severe and lifelong. Given the complexities involved in litigating a trucking accident, it is important you have a strong legal advocate on your side. The attorneys at Delgado Trial Attorneys fight hard for the rights of victims of trucking accidents, ensuring that you receive the compensation you deserve for your injuries.
An experienced Miami truck accident attorney will you that getting medical attention immediately after a truck accident is critical. Due to the size of semi-trucks and the fact that many of these accidents occur on the Interstate where vehicles are traveling at a high rate of speed, the injuries that result from trucking accidents are some of the most severe. The following types of injuries that are most reported in trucking accidents include:
All Florida drivers must carry personal injury protection (PIP) insurance in order to operate a car legally in our state. PIP covers $10,000 per person for any injury due to an accident, and Florida operates on a no-fault insurance basis, meaning that any injured driver makes a claim against his or her own PIP insurance policy first for any injuries. However, PIP policies have a cap of 80 percent on all medical expenses and 60 percent on lost income. Given the fact that trucking accidents can result in significant injuries, a PIP policy usually will not cover all the damages sustained.
Other than PIP insurance, a truck accident victim may have additional sources of insurance coverage from the at fault truck driver. Truck drivers that travel interstate are regulated by Federal law and the Federal Motor Carrier Safety Administration (“FMCSA”). The FMCSA requires that truck drivers engaged in interstate transportation are typically required to carry minimum liability insurance between $750,000-$1 million.
There are often additional layers of insurance coverage that are available in certain circumstances including insurance on the truck’s trailer, liability insurance for the dispatcher and for the named broker/shipper which are unique to truck accidents. In addition, Uninsured/Underinsured Motorist coverage is available to Floridian drivers automatically if their auto insurance policy was issued in state unless they signed a written rejection when they purchased their policies or changed their policy coverage limits.
In Florida, you have four years from the date of the accident to file a personal injury claim for damages. If the trucking accident resulted in a fatality, you have two years from the date of the death to file a wrongful death lawsuit.
It is advisable to hire an experienced trucking accident lawyer, immediately after the crash. The trucking company will have its own set of investigators and lawyers gathering evidence within hours of the accident. You are going to need your own team of experts at the accident scene to do the same. It is important to have all vehicles inspected as soon as possible after the crash and preserve any evidence that can help prove fault.
Victims of trucking accidents often suffer long-term, debilitating injuries. Working with an experienced Miami trucking accident attorney can help you obtain maximum compensation for your injuries. At Delgado Trial Attorneys, our experience allows us to effectively strategize and advocate for every client we represent.
Counseling clients through their most difficult times is at the core of our legal practice. We make sure our clients understand the process to eliminate unnecessary stress and anxiety. This is especially true for first time accident victims unfamiliar with the adversarial nature of filing a claim. We believe in ensuring our clients understand exactly what lies ahead, providing them the peace of mind they need for recovery and treatment while we fight for their rights. Call us today at (305) 596-7911 and speak with an experienced Miami trucking accident lawyer for a free consultation. Virtual sign-ups available.
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