truck accidents

What is Common Carrier Liability for Truck Accidents in Florida?

Published on: August 16, 2024 | by Gerson & Schwartz, P.A.

Florida’s interstate and highway systems are vital for commerce, but they also pose a significant risk for passenger drivers sharing the road with massive commercial trucks. In fact, The Zebra, an online resource and marketplace for auto insurance, ranks I-95 as the most dangerous highway in the US. Plus, there are many other truck routes around Miami that carry heavy traffic from semis and 18-wheelers, such as I-75 and the Florida Turnpike.

When a truck accident occurs, the consequences can be devastating. If you were injured in a collision involving a Commercial Motor Vehicle (CMV), understanding legal liability for common carriers is crucial for seeking fair compensation. Your Miami truck accident lawyer has the in-depth knowledge necessary to enforce rights, but some information is useful.

What is a Common Carrier Liability?

Employer Liability for Truck Accidents in Florida

Published on: August 18, 2023 | by Gerson & Schwartz, P.A.

Truck accidents thankfully make up a small number of the total motor vehicle crashes that occur on Florida roads every year, but statistics show that they are still massive in their devastation. The Federal Motor Carrier Safety Administration (FMCSA) reports that there are more than 10,300 crashes involving semis, 18-wheelers, tractor-trailers, and other large commercial trucks every year statewide. Around 350 people are killed, while another 5,300 victims suffer injuries ranging from minor to catastrophic.

You may be aware that you have rights under Florida law, and the most logical party to hold accountable is the truck driver who caused the accident. However, a trucking company or other employer may also play a key role in terms of putting a safe truck and operator on the road. Failures with these responsibilities could also cause a truck crash, even when the employer is miles away from the collision. Your Miami truck accident lawyer will explain reasons to pursue the company as a potential party because it may be liable for the following.

Negligent Operations

Florida Truck Accidents Caused by Improper Loading

Published on: April 22, 2022 | by Gerson & Schwartz, P.A.

Trucking is the lifeblood of the US economy, transporting the consumer goods, construction materials, medical supplies, vehicles, and many other essential products we rely on for home and work. Like any other vehicle sharing the road, large trucks are involved in their fair share of accidents. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reports that, in South Florida alone, there are almost 16,500 crashes annually that include an 18-wheeler, semi, or other large commercial motor vehicle (CMV). Dozens of individuals are killed, while another 3,300 suffer injuries that carry extreme physical, emotional, and financial losses.

There are many different factors that people commonly point to when determining causes of truck crashes, such as speeding, texting, or erratic lane changes. However, one issue you might not consider is how the CMV cargo could play a role in a collision. You should talk to an attorney about Miami truck accidents caused by improper cargo loading, especially since the complications could impact your rights.

Multiple Parties to Pursue

Four Laws That Impact Your Florida Truck Accident Claim

Published on: December 17, 2021 | by Gerson & Schwartz, P.A.

It should come as no surprise to learn that truck accidents are some of the most deadly, devastating incidents occurring on the nation’s roadways, but a key statistic might shock you: According to the Federal Motor Carrier Safety Administration (FMCSA), Florida places third among all US states when it comes to fatal truck crashes. There are more than 300 collisions involving semis, 18-wheelers, tractor-trailers, and other large commercial vehicles every year, and only Texas and California rank higher. Hundreds of thousands of victims also suffer serious bodily harm in the 102,000 total injury-causing truck accidents nationwide.

Fortunately, victims and their families have the authority to pursue the at-fault driver in a truck crash. As with any legal matter, there are multiple laws that apply and some of them are important to know. A Miami truck accident lawyer will address the details, but take note of the following issues that impact your claim.

Florida Fault Laws

Evidence You Need to Win a Miami Truck Accident Claim

Published on: August 20, 2021 | by Gerson & Schwartz, P.A.

You do not need a background in physics to know that catastrophic damage is the likely result of a truck accident and that the individuals in the passenger vehicle will probably sustain the most devastation. Statistics from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) confirm the disproportionate effect of a collision on commercial vehicles versus automobile occupants. Just 12% of the total crashes in South Florida involve trucks, semis, 18-wheelers, and other large rigs; however, truck collisions lead to 28% of the injuries and dozens of fatalities.

Florida law does provide you with legal options, but the process for recovering compensation is highly reliant on having solid, credible evidence. Since victims’ statements are often considered as self-serving, other sources of proof become more critical for your rights. Our Miami truck accidents lawyer will handle investigations, but some insights on evidence in a truck crash case may be helpful.

Solid Evidence Makes or Breaks a Truck Collision Claim

Four Most Dangerous Types of Truck Accidents in Miami

Published on: July 9, 2021 | by Gerson & Schwartz, P.A.

The sheer size of a semi, 18-wheeler, or other big rig is an indication of the massive devastation that can result from a truck accident, but statistics are solid proof of the dangers. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reports that there are 8,706 commercial vehicle collisions every year in Miami-Dade County alone, causing around 24 fatalities and almost 1,400 injuries to victims. Plus, the highest percentage of people killed in truck crashes are occupants of the smaller vehicle, at 68%.

While truck accidents may be caused by many of the same factors as other motor vehicle crashes, there are unique considerations when a longer, heavier, wider vehicle causes a collision. It is essential to discuss your rights with a Miami truck accidents lawyer if you were involved in any of the most dangerous types of crashes in Florida.

Underride Collisions: This type of truck crash occurs when a smaller vehicle following the semi cannot stop in time to avoid an impact and becomes wedged underneath. Often, the smaller car’s roof is shorn off, so underride accidents are often fatal. Trucks should be equipped with underride guards that prevent a smaller auto from traveling beneath the tractor or trailer. However, not all trucks have this safety equipment installed, and improperly installed guards can also lead to devastating injuries.