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Fatal Truck Accidents

Losing a loved one in a truck accident is a life-changing event.  While no amount of monetary compensation can make a family feel whole following a loss, it can help manage the financial expenses that are associated with the accident.

The last thing a grieving family wants to deal with is the thought of a lawsuit. But if the death was caused by the actions of another person, that individual should be brought to justice.

Lawyer for Fatal Truck Accidents in Florida

Abrams Justice Trial Attorneys is here to help those involved in tragic situations. Our attorneys are empathetic towards the victim’s family and will strive to make sure their rights are protected and the best possible outcome for their situation is achieved.

Call us today at (305) 709-0880 or submit your information in our online form and one of our attorneys will review your case for free.  We proudly serve those in communities around the grated Miami-Dade area that include Miami, Homestead, Hialeah, Pinecrest, Miami Gardens, Miami Beach, North Miami, Doral, Doral Gables and Cutler Bay.

Fatal Truck Accident Information Center

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Who is Liable?

Because the commercial trucking business is a complex and vast operation, it can create a confusing legal situation. One of the biggest issues is figuring out who is liable for the accident that resulted in the victim’s death. Below are the parties who may be liable for a fatal truck accident:

  • Trucking company
  • Truck driver
  • Owner of the truck
  • Company leasing the truck
  • Manufacturer of the parts of the truck
  • Owner of the trailer

Often times, the mentioned parties and their insurers will make the process more confusing by casting the blame on the victim. To properly figure out who is liable for the death of your loved one, it is important that an experienced truck accident attorney handles your case.

To prove who is liable for the death, there is key evidence that needs to be gathered for the case. Abrams Justice Trial Attorneys conducts its own investigations after deadly accidents to gather crucial evidence. Some of this evidence can include the following:

  • Witness Statements: Bystanders who witnessed the travesty prove to be useful a testimony. Sometimes they can back up the story or add new facts.
  • The Black Box: Almost all commercial trucks are equipped with an electronic data recorder that is often referred to as a black box. The recorded data is important supporting evidence, but sometimes, the truck company will try to block access to it.
  • Truck Company Records: Commercial trucking is a heavily regulated business and the companies are legally obligated to follow all state and federal regulations. Records regarding truck repairs and the driver’s records could prove to be relevant. If the evidence reveals the company was violating a safety regulation, it can help prove negligence.

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Can I Sue for Wrongful Death?

Wrongful death laws in Florida are designed to shift blame from the victim to the wrongdoer. If the victim’s death was the result of wrongful acts, negligence, default or breach of contract, then the right to sue for wrongful death is initiated.

If you decide to bring a wrongful death suit against someone, the victim’s personal representative must file it. The personal representative is usually established by a will, but if there is no will, the probate court will appoint the personal representative. While the personal representative is the one bringing the case, they are suing on behalf of the victim’s estate and all those who benefit from it.

Auto accidents are one of the most common scenarios where a wrongful death suit is filed. Mainly because there are numerous ways a driver’s negligence can turn deadly.

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What can be Recovered?

Florida law allows for a wide range of damages to be sued for by the victim’s family. Recovery will only come in money and is paid to the estate before it is distributed to the appropriate beneficiaries. Listed below are some of the monetary damages that can be recovered.

  • Medical and funeral expenses
  • Value of support and services with interest. This also includes future loss.
  • Spouses can recover loss of companionship, protection, mental pain and suffering.
  • Minor children of the deceased can recover loss of parental companionship, guidance, mental pain and suffering
  • Parents of deceased children can recover for mental pain and suffering.

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Florida Fatal Truck Accident Resources

FMSCA Commercial Truck Regulations– View full text of the Federal Motor Carrier Safety Administration’s performance requirements and standards for commercial trucks in the United States. Some of the regulations include brake requirements, cargo regulations and emergency equipment.  The FMSCA regulates the trucking industry in the United States.

Florida Statute 768.18 – Follow this link the Florida Statute that defines what it considered wrongful death. The statue explains the circumstance where wrongful death is justified.  The statute is featured on Online Sunshine, the official Internet site of the Florida Legislature.

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Lawyer for Fatal Truck Accidents in Miami, Florida

Dealing with a lawsuit following the death of a loved one is the last thing you want to deal with. But if someone else’s actions resulted in the death of another, then that person needs to be brought to justice. Our attorneys are experienced in fatal truck accidents and they will strive to protect your rights.

We represent injured people in communities all over the Miami-Dade area that includes Miami, Homestead, Hialeah, Coral Gardens, Miami Gardens, Miami Beach, North Miami, Doral, Coral Gables, Kendall, Palmetto Bay, and Cutler Bay. Call Abrams Justice Trial Attorneys today at (305) 709-0880 or submit your information in our online form and one of our attorneys will review your case for free.

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