There are many different issues that arise when a person has been in a serious accident with a commercial truck. The skilled and dedicated Miami car accident lawyers at Greenberg Stone and Urbano have more than 130 years of experience in representing clients who have been injured in a horrific accident and we present some of the most commonly asked questions here.
What is a commercial truck?
A commercial truck is any large vehicle that is used in the course of conducting business, including the transportation of goods locally or across the country. In addition, there are vehicles that carry hazardous materials, construction waste, and other industry by-products. While pick-up trucks sometimes are used in support of a business, generally the use of the term “commercial truck” refers to something much bigger than a pick-up.
What are the usual causes of truck accidents?
There are many different things that can lead to a truck accident, including negligence in the maintenance of the truck, poor driver training, distracted driving, driving under the influence of drugs or alcohol, and reckless or aggressive driving. Many times, the driver of a smaller vehicle may cause an accident because of underestimating how a truck driver reacts to a sudden or unexpected movement.
Why are large crash accidents so dangerous?
A fully-loaded tractor-trailer traveling on the roads of South Florida can weigh as much as 80,000 pounds while the average passenger car weighs around 3,000 pounds. The size disparity of these two vehicles means that when there is a crash, the impact forces transmitted to the occupants of the passenger vehicle are far greater than those experienced in a collision with a smaller vehicle.
If the truck driver was responsible for the accident, can I sue the trucking company for which he works?
Depending on the circumstances of the crash, it is possible to bring a legal action against both the driver and the trucking company. It is necessary to analyze the employment relationship between the driver and the trucking company. When the driver was an employee of the company acting in the regular course of his job responsibilities, it is possible to hold the company liable for the accident under the legal theory of respondeat superior. There are other times when the trucking company exhibited negligence in the hiring, training, and oversight of the driver or the maintenance of the truck. If the truck driver is an independent contractor, then it is necessary to analyze the extent of the responsibility that the company exercised over the driver.
If I developed respiratory problems after being involved in a truck accident with a truck carrying flammable materials, can I recover for that injury?
Yes, if the evidence supports that the injuries can be attributed to the chemicals involved in the accident and spill.
Is the truck driver automatically liable in a jack-knife or rollover accident?
There are times when the accident occurs based on environmental conditions over which the driver had no control. When there is no negligence, it may not be possible to recover against the truck driver or trucking company.
Greenberg Stone and Urbano Fights for the Interests of Truck Accident Victims
An accident with a large commercial truck can happen for many reasons. If you have been involved in a crash with a tractor-trailer or other commercial truck, the South Florida truck accident law firm of Greenberg Stone and Urbano will apply more than 30 years of experience to achieve a just outcome for you. The firm has received an AV rating from Martindale Hubbell in recognition of our legal excellence. We also 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 initial appointment so that we can discuss your case.