When a person is involved in a serious accident involving a commercial truck, there are many struggles that present themselves. One of the challenges that might be the greatest unidentified threat is the power of the trucking company to influence the outcome of the crash case or settlement.
There is an unseen imbalance in power when a person gets into an accident with a commercial truck where there is a trucking company with authority over the driver involved in the crash. The dedicated Miami truck accident attorneys at Greenberg Stone and Urbano have more than 130 years of collective experience in representing the rights and interests of truck accident victims. We understand how to uncover the bias and the manipulation in order to ensure the right results for our clients.
When a large commercial truck weighing as much as 80,000 pounds gets involved in a crash with a car, the devastation for the car and any occupants often is horrific. This involves extensive damage to the vehicle and traumatic injuries for the occupants of the car. However, there also is an unseen force operating in many of these cases, working hard to limit the damages that a victim recovers.
Under Florida law, a trucking company is liable for the harm that was done by a driver who was operating the truck on behalf of the company at the time of the accident. The liability simply may be based on the driver acting as an agent of the trucking company. However, there may be direct liability because of negligence on the part of the trucking company. The basis for this liability might be that the trucking company was negligent in hiring the driver. In order to demonstrate this, it is necessary to locate evidence that the trucking company did not perform an adequate background check or ignored information that showed the driver might be unsafe on the road.
In addition, the company may not have provided proper oversights and training to the driver before sending him out on the road. Depending on the degree of the negligence, there may be the possibility of punitive damages, which are intended to act as a deterrent to prevent future bad acts. These damages might be awarded if the driver had a history of substance abuse or driving violations and the trucking company ignored these things in order to get the driver out on the road. All of this means that the trucking company has significant motivation to minimize the extent of its exposure.
Trucking companies that are large enough often have a procedure in place to respond to accidents as soon as they happen. This may result in the trucking company having a representative at the scene of the accident before the emergency personnel have left. These companies work with insurance adjusters who will attempt to get the truck accident victim to accept a low settlement. In addition, there may be an investigator working with the trucking company and the adjuster, trying to uncover reasons why the victim does not deserve adequate compensation to cover the medical bills, lost wages, and pain and suffering that resulted from the crash.
Another technique that trucking companies and insurance adjusters employ is to delay the payment of the claims as long as possible. This means that the money continues to earn interest while the victim suffers. It is important to have someone fighting against the power of the trucking companies and insurance representatives.
Greenberg Stone and Urbano Advocates for Truck Crash Victims
Accidents involving commercial trucks lead to devastating injuries that may require years of intensive medical treatment, if it is possible to recover at all. The South Florida truck accident law firm of Greenberg Stone and Urbano was founded more than 30 years ago on the principal that victims need tenacious and compassionate representation to get the compensation that they deserve. Our firm has received an AV rating from Martindale Hubbell because of our dedication to our clients and sophisticated advocacy. In addition, we were voted one of South Florida’s top-rated firms by the Miami Herald. Call us at (888) 499-9700 or (305) 595-2400 or visit our website to schedule an appointment so that we can fight for your interests.