Miami Truck Accident Attorney

Commercial vehicles, such as tractor-trailers and semi-trucks, pose serious and unique dangers on the road. These vehicles can greatly outweigh passenger cars, be difficult to steer, stop, and operate, and often carry hazardous materials. Drivers hired to operate commercial vehicles must understand and appreciate these dangers and exercise the utmost care when operating commercial vehicles on our roads.

According to the U.S. Department of Transportation National Highway Traffic Safety Administration (NHTSA), 276,000 large trucks were involved in traffic crashes in the United States during 2010, resulting in 3,675 fatalities and 80,000 injuries. Of these deaths, 76 percent were occupants of other vehicles and 10 percent were non-occupants. Of those injured, 73 percent were occupants of other vehicles.

Between 2009 and 2010, fatalities in crashes involving large trucks increased 9% and injuries increased 8%. The number of registered large trucks in the U.S. increased by over 37% during that same time.

“Large trucks were more likely to be involved in a fatal multiple-vehicle crash as opposed to a fatal single-vehicle crash than were passenger vehicles (82% of fatal crashes involving large trucks are multiple-vehicle crashes, compared with 58% for fatal crashes involving passenger vehicles).” – NHTSA

Commercial vehicle and trucking accidents can be caused by:

  • Driver Fatigue

  • Aggressive and Careless Driving

  • Falling Cargo

  • Poorly Maintained Equipment

  • Speeding

  • Improper Use of Mobile Devices

  • Inadequate Training

  • Improper Weight and Load Distributions

  • Poor Visibility

  • Inattentiveness

  • Following Too Closely

  • Driver Distraction

These are serious cases and deserve attention and diligence in prosecuting. An inadequate or untimely investigation can compromise any chance of achieving justice for those hurt and injured.

Accidents involving tractor-trailers, cranes, large trucks or other commercial vehicles are very different than those involving standard automobiles and lawyers handling these claims must have specific knowledge of the Federal and State laws governing the proper and safe operation of commercial vehicles. There are numerous federal and state laws that govern the regulation and operation of commercial vehicles. For example, the Federal Motor Carrier Safety Act (FMCSA) is a comprehensive set of laws that were enacted in order to ensure drivers of commercial vehicles follow specific rules to keep our roads safe.

Who must comply with commercial trucking regulations?

All non-exempt commercial motor vehicles that cross state lines, including big-rig trucks, are subject to the federal motor carrier safety regulations. If these semi-trucks are operating within one state, they need to abide by state-equivalent motor carrier safety regulations. The intent of the regulations is to cover all persons and entities involved in operating commercial vehicles, including:

  • Drivers

  • Hiring managers

  • Trainers

  • Supervisors

  • Managers

  • Dispatchers

Additional truck/commercial vehicle regulations covered by the FMCSA

As well as identifying all types of drivers, companies, and vehicles required to comply with the FMCSA, the Act also regulates:

  • CDL requirements

  • Driver qualification and testing

  • Operating or Driving a commercial truck or large vehicle

  • Proper equipment and Parts for safe operation

  • Logging hours of driving or operation

  • Routine inspection and maintenance requirements

  • Drug testing and screening

  • Insurance requirements

  • Maintaining and proper record keeping

Within each of these regulations, there are specific duties and requirements imposed on drivers, owners, and operators of trucks and commercial vehicles.

Understanding the rules and regulations of the FMCSA is necessary when representing an individual injured in an accident caused by a truck or commercial vehicle. Over the years, trucking companies have developed standards and industry practices common to all trucking companies. It is important to understand not only the rules and regulations but also how the industry has changed and implemented management and operational practices to comply with the rules and regulations of the FMCSRs.

Our Florida Office Locations

Viñas & DeLuca is headquartered in Miami, Florida and has offices available for consultation in Miami, Boca Raton/Palm Beach, and Tampa. We have handled cases in multiple state and federal jurisdictions throughout Florida. Click here for more information.

Contact a Miami Truck Attorney

If you or a loved one were injured in a Florida vehicle accident, contact Viñas & DeLuca for a free and confidential consultation by calling (305) 372-3650. Or, you can complete our Free Case Evaluation Form or easily chat with us online and one of our attorneys will contact you right away. We are here 24/7/365 to speak with you and answer your questions. If you cannot come to us, we will come to you.

 Our Process

The 4 Steps We Take After You Retain Us

01. Report

We notify all insurance companies and potential defendants that we represent you. From there, we handle everything. You will not need to speak with anyone but your lawyers. All communications go through us – your advocates.

02. RECOVER

We help you get the medical care you need when you need it. Our lawyers and staff help you make appointments, obtain medical advice, and recover from your injuries, both physically and financially. We are at your side each step of the way.

03. Review

Our lawyers and medical experts review your medical records to determine the most effective way to present your injury claim. This may require forensic expert reports, professional medical illustrations, or 3D animations of your accident or injury. We spare no expense when it comes to effectively telling your story.

04. ReSULTS

Drawing on decades of combined legal experience, our lawyers aggressively pursue top dollar settlements and verdicts for each of our clients. The vast majority of defendants in our cases choose not to go to trial against our law firm, setting the stage for our clients to receive satisfactory settlements and results.

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Francisco Viñas
Personal Injury Attorney
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Jarrett L. DeLuca
Personal Injury Attorney

South Florida Truck Accident Lawyer

The attorneys at Viñas and DeLuca have over 35 years of combined experience handling personal injury and wrongful death claims throughout Miami and the State of Florida.  Over the years, we have recovered millions of dollars for our clients, representing them in both state and federal court.  Each of our attorneys is AV rated by Martindale-Hubbell, signifying the highest level of professional excellence for legal knowledge, communication skills, and ethical standards.  The Attorneys at Viñas and DeLuca have also been recognized by Super Lawyers, The National Trial Lawyers Top 100 and Top 40 under 40, Avvo, and others. While the results of any case can vary depending on the facts, our commitment to winning big for our clients never changes.

Request A Free Consultation
With An Experienced Attorney

We offer our services on a contingency fee basis, which means that you do not have to worry about legal fees unless we win your case. That’s right. You get to focus all of your time, energy, and money on getting better while we handle your personal injury case. You only have a limited amount of time to file a claim, so contact us today. We’re available to assist injury victims throughout Miami-Dade County.

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          Tell Us About Your Case

          The attorneys at Viñas & Deluca, PLLC have the experience necessary to help you make the most of your case. Our principal office is located in Miami, Florida. All office visits are by appointment only.

          Contact@vdlegal.com

          +1-305-372-3650

          9200 S Dadeland Blvd Suite #400, Kendall FL 33156

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