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How Liability is Decided in Trucking Accidents in Homestead and Other Florida Cities

If you are injured in a trucking crash in Homestead or anywhere in Florida, you may be rushed to the hospital or you may need to contact your insurance carrier if you have sustained some vehicle damage. Behind the scenes of a trucking accident, however, there is a lot of work being done, and understanding how the process works can help you secure fair compensation and justice in your case.


Truck carriers and drivers are protected by teams of attorneys and by larger insurance companies. When an accident involving a commercial truck takes place, these companies take action right away. An investigator or insurance adjuster is usually sent to the scene very quickly. The aim of these experts is to investigate the cause of the accident and to determine liability. Since they are working for the trucking company, they often want to reduce the liability of the trucking company and reduce the amount of money the insurance company will need to pay out. The investigation will usually involve securing evidence that includes:

  • Photos and video. Experts arriving at the scene may take photos and video. The drivers may also take photographic evidence. In addition, local traffic cameras, security cameras, or truck cameras may have captured the accident or its aftermath.
  • The vehicles involved. The vehicles themselves may be examined for evidence. In addition, commercial trucks may have a black box, logs, and other information that can be examined. However, truck carriers are only expected to keep this information for a short time and evidence from the truck may be overwritten or lost.
  • Witness testimony. Witnesses may be interviewed to determine what they saw and what chain of events led to a collision.
  • The drivers involved. The drivers of passenger cars may be required to provide sworn statements, while passengers of commercial trucks usually are not required by law to provide these statements.
  • Information about the trucking company. Investigators may look at routes traveled, vehicle maintenance schedules, and more.

It is important to understand that in some cases police and local authorities will use the same information to conduct their own investigation. This can be problematic, since the evidence gathered may not present the passenger car driver in the best light. When conducting independent investigations, personal injury attorneys in Homestead and other communities sometimes find evidence that is not part of the official investigation – evidence that could help an injured driver or passenger secure compensation.

For this reason, it is important to consult with a personal injury attorney as soon as possible if you have been injured in a traffic collision. Attorneys who work for you have your best interests in mind and by acting quickly they can seek to secure evidence before it is lost. They can also gather and bring to light any evidence that can help secure compensation on your behalf.

Attorneys, like the ones at Flaxman Law Group, can help you understand your rights and can help you determine whether pursuing a legal claim makes sense in your case. They can also help launch an investigation into your claim and handle every detail of your case. To find out whether you have a claim, contact Flaxman Law Group today for a free, no obligation case review.