Published on:

Who is Liable in Your Miami Gardens Truck Accident?

Determining liability in a commercial truck accident in Miami Gardens or Florida is often complicated, which is why working with a local personal injury attorney is a good idea. In many car accidents in Miami Gardens and other Florida communities, there is one at-fault driver. In a commercial truck accident, however, there may be multiple liable parties, including the truck driver, the truck company, and others. Who is liable often depends on the causes of the truck accident.

Truck Accidents Caused by Weather or Other Dangerous Conditions

In these situations, drivers are expected to use extreme caution to ensure that they drive safely. When drivers fail to do so, they may be held liable for the accident. Often, personal injury attorneys in Miami Gardens and other Florida communities must conduct careful investigations to determine exactly what has caused an accident.

Truck Accidents Caused by Driver Fatigue

Federal Motor Carrier Safety Regulations (FMCSRs) dictate how long commercial truck drivers can drive before taking a break. These regulations also set rules for rest periods and maximum driving time. The aim of these rules is to make sure that drivers do not fall asleep behind the wheel or drive so fatigued that their judgment and driving skills are impaired. If you are injured in a traffic accident in Miami Gardens or anywhere in South Florida, and it is determined that the truck crash was caused by a fatigued driver, both the trucking company and the truck driver may be held liable if they violated FMCSR regulations.

Truck Accidents Caused by Driver Inexperience or Under-Training

Truck companies who hire a new driver are expected to check the driver’s qualifications and must keep a record of the driver’s qualifications while the driver is working for the company and three years after the driver leaves the company. The driver’s file needs to include past employer recommendations, the driver’s work application, a copy of any road test, documentation about annual reviews, a certificate of physical qualification, any information pertaining to violations and accidents the driver has had, and additional documentation. If a driver causes a truck accident and the truck company did not maintain these records or failed to check a driver’s qualifications, both the driver and the truck company may be held liable in the case.

Truck Accidents Caused by Load Issues

In cases where a tractor trailer’s cargo is not loaded correctly, the cargo can shift unexpectedly, causing a risk of rollovers and potentially causing the truck driver to lose control of the vehicle. Multiple parties are responsible for the cargo. The persons loading the cargo are responsible for loading and securing the cargo correctly. The driver is responsible for ensuring that the cargo is secure and for reporting any issues or problems. The truck company is also responsible for any cargo transported in its trucks. In the event of a truck accident caused by cargo problems, all three parties can be held liable.

If you are injured in a truck accident in Miami Gardens to anywhere in South Florida, pursuing multiple parties can improve your chances of getting fair compensation to pay for your injuries. If you have been injured, you may have a case and may be entitled to compensation. To learn more, contact the Flaxman Law Group today to arrange a free accident consultation to discuss your situation.

Client Reviews
Mr. Flaxman is highly skilled and very pleasant to work with. He communicated with me at every step in the process, and clearly presented information relating to my case. To anyone considering retaining his firm, I highly recommend him. Clara Barman
THE BEST. Honest, very knowledgeable, fast and easy. has helped me in numerous situations and has never failed me. Joe Gee
Charlie is a very skilled attorney that advocates hard for his clients. But the best part is he is an all around great guy. He cares about helping and doing what is right for people and his community. And he is not afraid to fight against those who do wrong or against threats to our world. He is fluent in Spanish as well. Do yourself a favor and call him. Andy
I had a lawyer on another case and I never spoke to the lawyer and I hated that I never knew what was going on in my case. Mr. Flaxman was in constant communication with me, explained everything to me, and his staff was really great too. My phone calls were always returned immediately. It was refreshing to be able to speak to my attorney personally. I would HIGHLY recommend Mr. Flaxman as an attorney to anyone who has been in an accident. Gloria
I found Mr. Flaxman to be an excellent attorney for my personal injury case. This is actually the second time I have used him and he really represented my interests. He explained everything thoroughly and he was very available for my questions. Carol
Contact Information