Miami Truck Accident Lawyer
After being involved in a truck accident, your life can be turned upside down. The trauma and extent of injuries can have far-reaching effects on your life and livelihood. Truck accidents often involve more serious injuries and fatalities due to their size and force of impact.
If you need an injury attorney in Miami, call Bernstein & Maryanoff for results you can trust.
Our Proven Results Speak for Themselves
Since 1983, Jack G. Bernstein has fought for injury victims seeking compensation. He’s involved in every personal injury case handled by the experienced attorneys at his law firm, providing expert oversight for the personal injury lawyers at Bernstein & Maryanoff, and helping to ensure clients recover the maximum compensation available.
$3 million settlement
Wrongful death in motor vehicle accident.
$3 million settlement
Secured for a client with neck injuries in car accident.
$2.76 million Settlement
Wrongful death in motor vehicle accident.
$2.25 settlement
secured for a client with paralyzed in medical malpractice.
$2 million settlement
secured for a client with brain injury in medical malpractice.
$1.75 million Settlement
Secured for a client with burns and dystrophy in slip and fall accident.
It is understandable to be confused and uncertain about what to do after a truck crash that can leave you with pain and injuries you may not ever fully recover from. Obtaining assistance from our compassionate and caring Miami truck accident lawyers is vital because of the complexities of truck accident cases that involve federal regulations, multiple negligent parties, and aggressive tactics used by insurers.
In 2023, 5,472 people were killed in large truck crashes nationwide, accounting for 13.4% of all U.S. traffic fatalities, even though large trucks make up only about 5% of registered vehicles (NHTSA). Those numbers reflect the severity of commercial truck accidents and the lasting damage they cause to victims and families in South Florida.
For over four decades, Bernstein & Maryanoff have helped truck accident victims in Miami secure the compensation they deserve for their medical costs, lost wages, emotional distress, and impacts on their livelihood. Ensure you protect your legal rights by requesting your free consultation today.
NO FEES UNLESS WE WIN
Protecting Your Rights Since 1983
For more insight into your case, contact our team for a free consultation today.
Hablamos Español
Steps To Follow if You Get Injured in a truck accident
- Report the accident: Call 911 for emergency medical care and the police. Florida law requires that all accidents resulting in personal injuries and damages exceeding $500 be reported.
- Get medical attention: Seek immediate medical attention for your injuries, even if they seem minor, as you could have internal injuries that could become life-threatening if not treated quickly.
- Document the accident: Take pictures and videos of the crash scene, including your injuries and all damages, exchange information with the truck driver, and obtain contact details from any witnesses.
- Avoid making statements: Do not make formal statements about the accident, other than to provide facts to the police. Never admit any level of fault, as it could hurt your claim.
- Keep all medical and expense records: Your medical records and expenses for medical treatment are valuable pieces of evidence for your injury claim.
- Do not speak to the insurance company alone: Insurance adjusters will use tactics and leading questions to attempt to get you to admit fault, which could result in a lower settlement or having your claim denied.
- Contact a truck accident lawyer: Do not delay in contacting a truck accident lawyer, as vital evidence needed to support your claim can get lost the longer you delay. The statute of limitations for truck accidents is only two years.
Role of Florida Truck Accident Attorneys
The role of Florida semi-truck accident attorneys is to provide support, guidance, and represent your interests to obtain a favorable settlement, as follows:
|
Service |
What we do |
|---|---|
|
Case management |
We handle everything from gathering evidence to filing your truck accident claim and securing your settlement, while you focus on healing and recovery. |
|
Communication |
We provide regular updates about the status of your case and handle all communications with the defendant, their trucking company, and their insurance company. |
|
Evidence gathering |
Our Miami truck accident attorneys gather the necessary evidence to build a strong case showing the other person was negligent and their actions caused your injuries. This includes working with accident reconstruction experts when needed. |
|
Damage calculation |
We accurately evaluate all of your damages, from your medical expenses and lost wages to future financial impacts and lost income. |
|
Settlement negotiation |
We handle all settlement negotiations with all insurers to secure fair compensation for your injuries. We are fully aware of all the tactics they use and aggressively advocate on your behalf. |
|
Trial representation |
Our Florida truck accident lawyers have a depth of trial experience, and our legal staff have been trained under the best litigators in South Florida. If the insurance company refuses to settle, we are ready to take them to court. |
Over 40 years Of Experience
Meet Jack G. Bernstein, Esq.
Jack G. Bernstein is a strategist with a genuine passion for helping clients obtain the justice they so rightfully deserve. He has more than 40 years of experience as a lawyer and has represented clients in a wide variety of personal injury cases, including motor vehicle accidents, medical malpractice, premises liability, and wrongful death.
Additionally, Mr. Bernstein is proud to call Miami his home. Not only has he had the privilege of serving as Judge Manual A. Crespo’s clerk before graduating from the University of Miami.
Jack G. Bernstein prides himself on achieving outstanding results for his clients, and is personally involved with all cases at Bernstein & Maryanoff, Injury Attorneys.
Were you seriously injured in a truck accident? Get the help you need filing your injury claim from our Miami truck accident attorneys with a free consultation today.
Common Causes of Miami Truck Accidents
Truck crashes in Miami and across South Florida happen for many reasons. The following are the most common causes our experienced truck accident attorneys see:
|
Cause |
Details |
|
Distracted driving |
Texting, using the GPS, eating, adjusting the radio, or drinking while operating a commercial truck or tractor trailer. |
|
Driver fatigue |
Driving for long hours and insufficient rest breaks contribute to slower reaction times and impaired judgment. Drowsy driving and fatigued driving are among the most documented risk factors in the FMCSA Large Truck and Bus Crash Facts 2022, and hours-of-service violations remain one of the most commonly cited driver out-of-service deficiencies at roadside inspections. |
|
Construction zone accidents |
Unexpected lane shifts, uneven pavement, and poorly managed construction zones involving large trucks and other vehicles. |
|
Reckless and aggressive driving |
Tailgating, speeding, road rage, and improper lane changes by commercial truck drivers or other motor vehicle operators. |
|
Driving under the influence |
Driving under the influence of drugs or alcohol impairs cognitive functions and can result in slower reaction times and poor judgment. The risk is especially concerning in commercial trucking: NHTSA reported a 19% increase in alcohol-impaired large-truck driver fatalities in 2023, the only vehicle category to see a rise while all others declined. |
|
Speeding |
Driving too fast for conditions or faster than the posted speed limit makes it more difficult to maintain control of a semi-truck or commercial vehicle. |
|
Vehicle defects |
Mechanical failures, improper maintenance, defective parts, and other vehicle defects can be causes of semi-truck accidents, a factor that contributed to the 5,472 people killed in large truck crashes in 2023 (NHTSA) nationwide. |
|
Driver and trucking company negligence |
Improper screening and monitoring, pressuring drivers to drive longer than allowed, improperly loaded cargo, unsecured loads, and failure of the truck owner to maintain vehicles. |
|
Inadequate training |
Inexperienced or inadequately trained commercial truck drivers might lack the necessary skills to drive a semi-truck safely on Florida highways. |
|
Miami congestion |
Heavy traffic in Miami and the surrounding metro area creates elevated crash risk for commercial vehicles, a pattern documented in the Florida Traffic Crash Facts 2023 (FLHSMV), which tracks commercial motor vehicle crashes at the county level statewide. |
Common Truck Accident Injuries
The sheer size and weight of commercial trucks means that injuries from truck crashes tend to be far more severe than a typical car accident. Our Miami truck accident lawyers regularly handle cases involving the following injuries:
|
Injury type |
Description |
|---|---|
|
Whiplash |
The sudden and forceful movement of the neck during impact. |
|
TBIs (traumatic brain injuries) |
Severe head trauma that affects cognitive functioning, vision, and memory. |
|
Spinal cord injuries |
Damage to the spinal cord that could result in partial or complete paralysis. |
|
Herniated discs |
The force of impact can cause discs in the spine to pop out of place and become herniated. |
|
Fractured and broken bones |
Bones can fracture and break from the force of the impact with a large truck. |
|
Internal injuries |
Internal bleeding and other injuries to the organs that are life-threatening. |
|
Catastrophic injuries |
The force of impact with a semi-truck can cause catastrophic injury with long-term impacts on livelihood. |
|
Scarring and disfigurement |
Permanent scarring and disfigurement based on the extent of injuries experienced. |
|
Burn injuries |
Vehicle fires and chemical burns, especially in accidents involving hazardous materials. |
|
Loss of limb injuries |
Fingers, hands, arms, legs, feet, and toes could all be lost from crushing injuries. |
|
Shoulder, neck, and back injuries |
Vertebral and rotator cuff fractures, soft tissue injuries, and nerve damage. |
|
Soft tissue injuries |
Sprains, strains, bruising, cuts, and lacerations. |
|
Psychological injuries |
Emotional distress, anxiety, depression, and PTSD. |
|
Wrongful death |
Fatalities that occur from the size and weight of a commercial truck and the force of impact. |
If your loved one suffered traumatic brain injuries or spinal cord injuries in a truck crash, our attorneys can help you understand your legal options and pursue the compensation you need for long-term medical care.
Who can be held liable in a Miami truck accident case?
Truck accident cases often involve multiple at-fault parties. Unlike a standard car accident, liability may extend beyond the truck driver. Depending on the circumstances of the accident, the following parties could bear responsibility:
- The truck driver, for negligent or reckless behavior such as speeding, distracted driving, or driving under the influence.
- The trucking company, for pressuring drivers to violate hours-of-service rules, failing to maintain vehicles, or negligent hiring.
- The truck owner (if different from the driver or carrier), for failure to properly maintain or inspect the vehicle.
- Cargo loading companies, for improperly loaded or unsecured cargo that shifts during transit.
- Parts manufacturers, if a defective brake, tire, or other component caused or contributed to the crash.
- Government entities, for poorly designed or maintained roadways and construction zones.
Identifying every liable party is where an experienced truck accident attorney makes the difference. Our personal injury law firm has the resources and know-how to investigate every angle of your truck accident case.
Understanding Compensation in a truck accident claim
The actual damages you can seek will depend on the extent of your injuries and the specific circumstances of your case. The types of compensation you could be entitled to after a truck accident in Miami include:
Economic damages
Tangible, calculable financial losses:
- Medical bills and ongoing medical treatment costs
- Lost wages and lost income during recovery
- Rehabilitative costs and future medical expenses
- Property damage to your vehicle
- Necessary home modifications for catastrophic injury
Non-economic damages
Intangible losses that do not have a set dollar amount:
- Pain and suffering
- Loss of enjoyment of life
- Loss of consortium and companionship
- Emotional distress and psychological trauma
Punitive damages
In some cases where the defendant’s behavior was reckless, malicious, or egregious, Florida courts may award punitive damages as a means to punish them and deter others from behaving similarly.
Learn more about how personal injury settlements are paid out and how much to ask for in a personal injury settlement.
How to prove truck driver’s negligence
Establishing negligence in a truck accident case requires showing that the truck driver or another party owed you a duty of care, breached that duty, and directly caused your injuries. The types of evidence our attorneys gather include:
- Police reports from the accident scene
- Electronic logging device (ELD) data showing hours-of-service violations
- Truck maintenance and inspection records
- Truck driver employment and training records
- Black box (event data recorder) information from the commercial truck
- Testimony from accident reconstruction experts
- Surveillance footage and dashcam video from vehicles involved
- Medical records documenting the severity of your injuries
Our team knows how to obtain this evidence before the trucking company has a chance to destroy or alter it. We also understand how to work with federal agencies such as the Federal Motor Carrier Safety Administration (FMCSA) to access compliance and inspection histories. For more on negligence in motor vehicle accidents, our attorneys can walk you through what applies to your case.
Laws Regulating the Trucking Industry in Florida
The laws regulating the trucking industry in Florida follow both state and federal requirements, and are related to vehicle weights and sizes, driving hours, inspections, maintenance, and the use of alcohol and controlled substances.
Federal regulations for commercial trucks
1. ELDs (electronic logging devices): Under the federal ELD mandate under 49 CFR Part 395 (FMCSA), all commercial truck drivers subject to hours-of-service rules must use certified ELDs to automatically track and record driving time. Non-compliance can result in out-of-service orders.
2. Texting and using handheld devices: Truck drivers are prohibited from texting or using handheld devices while driving under the federal ban on hand-held mobile device use by CMV operators (49 CFR § 392.82), with fines up to $2,750 per violation for drivers and $11,000 for carriers.
3. Fuel decals and registration: Trucks might require a fuel decal or be registered with the state.
Both trucking companies and independent operators must comply with these regulations to help reduce and minimize the risk of truck accidents. Experienced Florida truck accident attorneys in Miami understand these regulations and can easily identify violations that contribute to truck accidents.
The legal process for a Miami truck accident case
Understanding the legal process for a truck accident claim can feel overwhelming, especially while dealing with serious injuries. Here is what you can generally expect:
- Free consultation: You meet with our Miami truck accident lawyers to discuss the details of your case. We evaluate your situation and explain your legal options at no cost.
- Investigation: Our team gathers evidence from the accident scene, obtains police reports, secures truck maintenance records, and works with accident reconstruction experts to build your case.
- Filing the claim: We file your truck accident claim with the at-fault party’s insurance company and notify all relevant parties of the legal action.
- Negotiation: Our attorneys handle all settlement negotiations. Insurance carriers often try to offer low initial amounts, and we push back for fair compensation that covers all your damages.
- Litigation: If the insurance company refuses to settle for a fair amount, we file a personal injury lawsuit and prepare to present your case in court.
- Resolution: Your case concludes through a settlement agreement or a court verdict, and you receive your compensation.
Want to know how long a personal injury lawsuit takes? The timeline depends on the complexity of your truck accident case and whether it settles or goes to trial.
Call Bernstein & Maryanoff, Injury Attorneys, To Discuss Your Options
After being injured in a truck accident, you should not have to face filing your injury claim and legal processes alone. At Bernstein & Maryanoff, our Miami truck accident lawyers are here to help you during this challenging time.
Our lawyers have decades of experience, understand insurance company tactics, and help truck accident victims obtain the compensation they deserve for their injuries and losses. We manage all aspects of your case, allowing you to focus on healing and recovery. Contact us now to arrange your free legal consultation.
Results you can trust
With a proven track record, extensive experience, and a passion for justice, the personal injury attorneys at Bernstein & Maryanoff, Injury Attorneys, are committed to protecting your rights. View our verdicts and settlements.
Testimonials
Jack G. Bernstein has been practicing law since 1983 and it shows. His expertise in personal injury has gained him recognition in Miami and across the state of Florida. The unique strategy that led to his success rests on his passion for protecting his clients’ rights and genuine concern for those in need.
NO FEES UNLESS WE WIN
Protecting Your Rights Since 1983
For more insight into your case, contact our team for a free consultation today.
Hablamos Español