South Florida Truck Accident Attorneys
With a large percentage of the supply chain supported by the trucking industry, it is no wonder that trucking accidents in the United States are on the rise. According to the U.S. Department of Transportation’s Fatality Analysis Reporting System (FARS), in 2020, there were 4,892 fatal truck crashes, and most trucking accident fatalities are occupants of the passenger vehicle—not the truck driver. In fact, the number of incidences has increased so dramatically, that it is estimated that by 2030, the fifth leading cause of death in the United States will be by trucking accidents.
Unfortunately, while much of the reason amounts to drivers taking on longer hours, carelessness, and poor training, trucking companies try to spin the cause of such accidents around onto you, the victim of a tractor trailer accident. That is why you need a South Florida truck accident lawyer to represent you or a loved one when seeking compensation for a truck-related incident.
When you need an 18-wheeler accident lawyer in South Florida who knows what to do and look for at the beginning of the investigation, trust in Robinson & Casey.
Why You Need a South Florida Truck Accident Lawyer
Trucks are 20-30 times heavier than a typical car, which is why such vehicles need to be operated with the utmost care. Thus, truck accidents are far more complicated and devastating than car accidents. Sometimes, you may not even know what caused the accident in the first place.
To uncover what happened, it is critical that you call a South Florida truck accident lawyer immediately. The accident scene, the truck itself, video recordings, key records and witnesses can all change, be altered, or disappear quickly. Truckers and trucking companies and their insurers swiftly send agents to the scene who represent their interests. You should too. Otherwise, the damages sustained to your vehicle, as well as the injuries you and your passengers sustained, could be overlooked.
That is why you need a truck or tractor trailer accident lawyer like those from Robinson & Casey. We do not merely represent you in court. Our team will send out investigators who immediately photograph the accident scene, secure physical evidence, and obtain witness statements to protect you. We also send preservation of evidence letters to the motor carrier and the truck driver. We will be sure that the carrier maintains the tractor’s engine control module and other in-cab electronics, including data on the tractor’s speed, the governor, lights, video, and GPS tracking.
Once key evidence is gathered, we may call in an accident reconstruction expert. It is his or her job to take the facts and materials we gather and work with an animator to create a video simulation of exactly what happened. All this is done to ensure that your representation is thorough and irrefutable, so you can get the compensation you deserve. Those who are responsible for the truck accident will be held accountable for their actions when Robinson & Casey is on the case.
What Does a South Florida Truck Accident Lawyer Do?
When investigating the cause of a trucking accident, there are some things that the South Florida truck accident lawyers at Robinson & Casey routinely look for.
Commercial Driver Hiring Practices
Was the driver qualified at the time of hiring to be driving the truck and fit to be on the road? The South Florida truck accident lawyers at Robinson & Casey scrutinize the truck driver’s personnel file, criminal record, and employment and driving history. This includes drug screens and evaluations from the driver’s probationary period with his or her current company.
Carrier Safety Policies
Truckers must comply with Federal Motor Carrier Safety Regulations and state CDL requirements. In fact, a key component of Federal law governs how many hours an operator may drive. Furthermore, drivers of so-called “longer combination vehicles” (typically two or even three trailers) must receive extra training.
Carriers also should conduct ongoing operator training and be able to provide evidence of completion for all drivers, including nighttime safety programs (midnight to 6:00 a.m. is known as the “danger zone” in the trucking safety world).
Should the attorneys at Robinson and Casey discover that the carrier safety policies were neglected in some way, your case will likely move forward.
Drowsy Driving/Hours of Service Violations
Driving tired is one of the main reasons for trucking accidents in the United States. As mentioned above, nighttime is a dangerous time to drive a truck, particularly when that driver is sleep deprived. If drowsy driving is suspected as the cause, the operator’s log and other records for hours of service are all thoroughly examined. It is also important to see if the trucking company required dispatcher clearance of the driver’s recent activities to assure that all drivers are rested and fit to drive.
In Florida, most truck drivers have a 14-hour driving window, in which only 11 hours can be spent driving the truck. The driver must also take 30-minute breaks for every 8 hours that they drive consecutively. Failure to comply with these rules or to record these hours of rest and drive adequately could result in fines for both the driver and the trucking company.
It is an open question whether courts can now hold truck manufacturers liable for not installing collision avoidance systems in newer trucks, when this technology is found in almost all new cars.
Tragically, companies like Volvo and Daimler provide collision avoidance in new trucks sold in Europe, but they do not in the U.S. because the Federal Motor Carrier Safety Administration (FMCSA) does not require it.
Load Balance, Securement and Overload
Those residing in South Florida are familiar with truck accidents involving overturned trailers. There are clear standards how loads are to be placed on tractor-trailers. Violations of these standards due to laziness, inexperience, or attempting to beat the clock sadly cause tragedies every day on United States roadways.
Shoulder Parking and U-Turns
Did the accident occur while the truck was parked on the shoulder or performing a U-turn? These actions are generally prohibited for large tractor trailers since they are very dangerous. This is particularly true at night.
Failure to Install Side Guards, Rear Guards, and Reflective Tape
Side guards, rear guards, and reflective tape play a critical role in promoting safety on the roadways. The trucking industry has known for many years about the danger of “side underride,” which occurs when a car is jammed under a tractor-trailer. Often times, those in the passenger vehicle suffer from severe head injuries and sometimes even death.
Trailer side guards are very effective at preventing this type of tragedy but are too seldom used.
Fortunately, reflective tape is now mandatory on tractor-trailers to avoid cars failing to see a turning trailer at night and during periods of poor visibility. Robinson & Casey carefully investigates the condition of the truck that caused the accident to see if these preventative measures had been used.
Tire Failure and Negligent Maintenance
One of the ways trucking companies attempt to reduce the cost of operation is to cut back on tire and brake inspection and maintenance. Since these things cost both time and money, truckers often leave the yard with poorly maintained trucks and trailers. When this kind of inexcusable behavior devastates a family, however, the trucking company must be held accountable.
The experienced team of tractor-trailer accident lawyers at Robinson & Casey know exactly which signs of negligence to look for when putting together your case.
What Damages Can I Receive in a South Florida Truck Accident Case?
When you are the victim of a truck accident in South Florida, there are many damages you could receive, depending on the circumstances. Some of the compensation you receive can be gained easily, while other cases are far more difficult. However, the experienced South Florida truck accident lawyers at Robinson & Casey know exactly how to get you what you and your family deserve.
Damaged owed to truck accident victims usually include:
- Medical expenses
- Property damage for your vehicle
- Loss of income, present and future
- Lessened quality of life due to injuries
- Funeral costs
- Pain and suffering
- In some cases, the trucking company may also have to pay punitive damages. Such damages are meant as punishment for reckless or negligent behavior.
Unfortunately, every trucking accident in South Florida is different, so estimating the damages you may receive can be difficult. That is why Robinson & Casey offers a free consultation. Sit down with a compassionate and knowledgeable South Florida truck accident lawyer today to go over your case, the expenses, and what may be owed to you.
