Bernstein & Maryanoff

Miami & Statewide Florida Trucking Accident Lawyers

Trucking accidents are responsible for a disproportionate share of serious injuries and deaths on Florida highways. The reason for this is the size and weight of the truck. While cars weigh an average of 4,000 pounds, a semi with a fully loaded trailer can weigh 80,000 pounds or more. In a collision with a car, it is the people in the car who are going to be hurt, not the driver of the semi.

If you have been injured or a loved one killed in a trucking accident, the lawyers and staff at Bernstein & Maryanoff have the financial resources and experience to help you pursue the maximum compensation. Our lawyers have obtained numerous settlements and verdicts in excess of $1 million for vehicular and trucking accident victims. With a principal office in Miami, numerous other offices across Florida, and the willingness to make house calls, our attorneys will be there when you need them.

A large truck is subject to special Florida and federal Department of Transportation (DOT) regulations to prevent deaths and injuries to other motorists. For example, truck drivers have a legal duty to take rest breaks to prevent accidents caused by driver fatigue. Drivers are also required to document the hours they are on the road in a logbook. However, since truck drivers are paid by the mile, they have a financial incentive to drive as long as possible. As a result, many drivers falsify their logbooks. In the event of a trucking accident, an experienced lawyer can compare the driver logbook with gas receipts, toll receipts, and the truck's GPS records. If truck drivers falsify their logbook and cause an accident due to fatigue, they may be legally responsible for any deaths and injuries that occur.

Florida laws also require trucks to carry larger insurance policies than smaller vehicles to compensate accident victims for their losses. The heavier the truck, the more insurance it is required to carry.

Employer responsibility in an 18-wheeler crash

In most cases, a trucking accident will also involve an employer who owns the truck. There is a body of law in Florida that allows an injured person to hold the employer responsible for negligent hiring, negligent retention, and negligent supervision of an employee driver. The employer can also be responsible for injuries that drivers cause in the scope of their employment.

When a trucking company hires someone to drive a truck, they have a duty to make certain that person is not a bad driver with a history of accidents and tickets, or potentially a drunk driver or drug user. If an employer fails to check the truck driver's history, and that driver injures or kills someone in a semi collision, then the employer can be independently responsible apart from their responsibility as the owner of the truck. The employer can be liable for punitive damages if the driver did something that was grossly negligent, which is a critical factor in how much money you are entitled to.

Our lawyers hire experts and engineers, as needed, to properly evaluate vehicle speed and other factors that determine responsibility in a semi collision.

Free consultation: There is never a charge to talk to a trucking accident attorney at the law firm of Bernstein & Maryanoff. With a principal office in Miami, numerous other offices across Florida, and the willingness to make house calls, our attorneys represent clients throughout the state. We handle all cases on a contingency fee basis.