Miami Personal Injury Lawyer Blog
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?
In Florida, a common carrier refers to any company that transports people or goods for hire and offers its services to the general public. The category includes trucking companies, bus operators, and even airlines.
Common carriers are held to a higher standard of care compared to regular drivers. They have a legal duty to exercise the highest degree of care for the safety of all road users sharing the road with their vehicles. This level of care translates to taking every precaution to ensure a safe journey. Therefore, common carrier liability is a higher standard as compared to a typical traffic crash.
Presumption of Negligence
In most vehicle collisions, the injured victim or family member has the burden of proving negligence. On the contrary, when a common carrier truck is involved, the law presumes the carrier was negligent. The burden shifts to the at-fault party to prove otherwise, a factor that significantly strengthens your case.
In addition, your claim benefits from the scope of responsibility in truck accidents. A common carrier’s liability extends to the entire operation, including hiring qualified drivers, performing proper truck maintenance, and ensuring safe loading practices. If any of these factors contribute to the accident, the carrier could be held liable.
Common Causes of Truck Accidents in Florida
Truck accidents can occur due to various reasons, many of which are directly attributable to common carrier negligence. Here are some frequent causes:
- Fatigued driving, speeding, distracted driving, and driving under the influence are all forms of driver negligence that can have catastrophic consequences.
- Failing to maintain the truck’s equipment and other crucial components can lead to mechanical failure.
- Exceeding weight limits compromises stability and increases stopping distances.
- Improperly secured cargo can shift during transit, causing the truck to lose control or tip over.
Don’t Face Challenges Alone: Contact a Miami Truck Accident Attorney
Being involved in a truck accident can be overwhelming, especially when facing significant losses. Common carrier liability is a powerful tool to ensure truck drivers and their employers are held accountable. At Gerson & Schwartz, PA, our Miami truck accident attorneys have a proven track record in truck accident claims. Please call (305) 371-6000 or visit us online to schedule a free consultation at our offices in Miami, Fort Lauderdale, or West Palm Beach.
