Best Truck Accident Lawyers in Miami

Frequently Asked Questions

• What is the non-emergency contact number for the local police station in Miami, Florida?

  Citizens can contact the police department at (305) 579-6111.

• Where can you get a copy of the police report for the accident in Miami, Florida?

  You may get a copy of the police report by using the Police Public Records Center online system. You may also visit the office in person, but an online appointment is required first.

• How can the comparative negligence law affect your truck accident claim in Miami?

  If you are seeking damages for a truck accident, the comparative negligence law may dictate how much you can recover. Truck accidents could be the fault of more than one party. Miami uses the “pure comparative negligence” law stated under Florida Statutes 768.81. This awards damages in proportion to the party’s fault percentage. If you were awarded $500,000 in damages but were 20% at fault for the accident, your award will be reduced by 20% to $400,000. This means even parties who are 80% at fault can still seek compensatory damages.

• What evidence should you collect for your truck accident case in Miami?

  In addition to the usual accident scene photos and witness testimonies, a key piece of evidence to prove your claim is the electronic logging device (ELD), also called the “black box.” The ELD contains data, such as the truck’s speed, gear shifts, and brake application, which can prove the truck’s movement during the impact and may show errors in operation that could have led to the accident. Other pieces of evidence vital to the case include the truck's maintenance and repair records, as well as the trucker’s daily logs and drug and alcohol test results.

• How long can truck accident victims in Miami file a lawsuit?

  Truck accident victims in Miami have up to four years from the date the injury occurred, according to The 2022 Florida Statutes Chapter 95. However, for truck accidents that resulted in a fatality, the decedent’s representative must file the wrongful death claim within two years from the date of the victim’s passing. The statute of limitations may vary in exceptional cases. For example, the victim is a minor and has no one authorized to file a claim on their behalf.

• How common are truck accidents in Miami?

  According to a report by The Florida Department of Highway Safety and Motor Vehicles, the City of Miami accounted for 1,159 truck accidents in 2021. Most accidents occur around 9 PM on Friday to the following Saturday morning. Meanwhile, the state of Florida has the third most traffic fatalities nationwide, with almost 2,000 fatal crashes for the first six months of 2022 alone.

• Can you still get compensation for truck accident injuries in Miami if the driver is underinsured or uninsured?

  Yes, in Miami, you can recover compensation from your own insurance policy’s uninsured motorist coverage. Your lawyer may also file a suit against the driver’s truck company for your damages since it is the company’s responsibility to provide their drivers with adequate insurance. If the driver is an independent contractor, you can sue the driver directly and recover compensation from their personal assets.