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Negligent Truck Driver

Getting in an accident on a highway with a commercial truck can be a harrowing experience that could cause serious damage to your vehicle and devastating physical injuries to you and your passengers. Often time’s damages involving commercial trucks are severe due to the size and impact of a truck smashing into a much smaller car. An injury from one of these accidents can cause life-changing differences in your life that can forever adversely affect your home, work, and social life.

If you have been in an accident with a commercial truck you need to act quickly to ensure that the driver who was negligent takes responsibility for their actions, as well as the driver’s employer. Rest assured that from the date of the incident, the commercial trucking company will do anything in their power to suppress or avoid liability all together, and they surely will seek immediate advice from their own corporate lawyer. Therefore, it is imperative that you defend yourself, and contact your own attorney to defend and uphold your rights from the inception of the case.

Negligent Truck Driver Lawyer

An accident with an 18-wheeler is a nightmare that only takes seconds to unfold. Abrams Justice focuses on doing everything in their power to make the best of a tragic situation for the injured party and their loved ones. Ivan and Isabel Abrams handle all such cases with a personal touch as they truly care about each and every one of their clients. Your case will not be passed off to a paralegal or junior associate, rather your case will be handled by an experienced trial lawyer every step of the way.

Make sure you are ready to defend yourself with lawyers who will have your back every step of the way. If you live in Miami-Dade County including, Miami, Cutler Bay, Homestead, Palmetto Bay, Florida City, contact Abrams Justice Trial Attorneys at (305) 709-0880 or fill out an online form for your free consultation.

Negligent Truck Driver Information Center

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Determining Negligence

Liability in an accident is often complicated to prove when a commercial truck is involved. In Florida, there are four steps in proving negligence. The following are the four elements of negligence.

  • Duty– All drivers have a legal obligation to act with reasonable care towards others on the road.
  • Breach– A determination of negligence requires a showing that the accused party breached their duty by acting in a way that a reasonable person would not have. A breach of duty can include texting and driving, driving while intoxicated, and disobeying any traffic laws.
  • Direct Cause- It also must be shown that the negligent driving of the driver was a direct cause of the victim’s injury.
  • Damages- If there is no injury to the plaintiff then there is nothing to sue over. There must be a showing of damages. This can include property loss and physical injuries.

Florida adopted a comparative fault statute in 1973, which allows a court to assign negligence for an accident to multiple parties. This can reduce the award given to the injured victim by his or her percentage of fault. For example, if a court determines you are 30 percent at fault for causing an accident, your award will be reduced by 70 percent. Insurance companies also use this rule when determining how much they will pay for a claim.

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Types of Commercial Truck Accidents

There are many ways a commercial truck driver can be negligent, including but not limited to:

Jackknife: This occurs when the brakes are improperly applied, and the trailer of the truck is thrown off balance by the sheer force of the attempted speed change. This is when the truck can “jackknife” and swing out perpendicular to the truck and collide with adjacent vehicles.

Lane change: This is similar to when a regular driver’s license holder is on the road and switches lanes without noticing someone in their blind spot, except a commercial truck driver has a huge vehicle and is likely hauling a heavy load.

Rollover: This can happen when the grips of the tires fail to stop the truck from rolling over on its side. This commonly occurs during sudden jerks to the steering wheel during an overcorrection or going to fast around curves and turns.

Cargo Spill: This happens because of a lack of awareness from the driver that their cargo may be unsafe. If the cargo is unsafe it can fall out of the trailer and onto the road or another vehicle causing a crash.

Tire Blowout: This happens when a driver fails to inspect his tire correctly before getting on the road or because of objects on the road that a driver fails to avert. When a blowout happens the tire on the truck burst while the vehicle is moving at a high rate of speed making it impossible for the driver to control the vehicle.

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Miami-Dade County Resources for Accidents Caused by a Negligent Truck Driver

Florida Statute 320.01– This link provides information on proper licensing and procedures one must take to obtain a commercial driver’s license. This website is the official page for the Florida State Legislature and also provides resources for drivers interested in knowing what a CDL is and who qualifies for it.

e-CFR- This link provides information on measures a commercial truck driver must take to ensure safety on the road. This page shows everything from what are the proper brakes a truck should have to the cargo regulations that govern what and how much consignment a truck is allowed to carry with them on the road.

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Abrams Justice Trial Attorneys | Miami-Dade County Negligent Truck Driver Lawyer

If you or a loved one has had a recent run in with a negligent truck driver and are in need of a lawyer to ensure that you are well taken care of, contact Abrams Justice Trial Attorneys at (305) 709-0880. Bringing a lawsuit for an injury caused by a negligent commercial truck driver can be one of the most stressful and time-consuming things you do in your life.

Abrams Justice will ensure that they take all of the necessary steps to protect your interests, and to get you the compensation and treatment you deserve.

If you live in Miami-Dade County including, North Miami Beach, Miami Gardens, Homestead, Hialeah, Doral, Pinecrest, Palmetto Bay, or Cutler Bay, and other surrounding areas in South Florida contact Abrams Justice Trial Attorneys at (305) 709-0880 to be your voice in court.

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