Who Is Responsible for Your Moving Truck Accident?

Posted on by in Truck Accidents

The trucking industry is the backbone of the US economy. Nationwide about 9.2 billion tons are moved annually by over three million drivers. However, moving truck accidents resulting in life-changing injuries and even death have been on the rise, and these cases aren't always easy to solve with respect to liability.

Moving accidents are considered complex and deadly occurrences and can be absolutely devastating due to the size and power of the moving vans or trucks.

Moving trucks come in many sizes. Smaller trucks weigh around 8.000 lbs., while large ones weigh between 18.000 and 25.000 lbs.

Contrast that with the average four-door car weighing around 4.000 lbs., and it's not hard to see how a moving truck accident can cause someone in the smaller car to get hurt.

What could make things worse is the driver behind the wheel of this ten-ton vehicle. Many moving trucks are operated by poorly-trained or inexperienced drivers, which can increase the chances of a collision. Driving an enormous truck like this is a completely different experience from driving a passenger car. The truck is longer, wider, and heavier. Changing lanes takes a good deal of extra space. Turns are wider. Stopping a vehicle this size requires significantly more time. Drivers who operate a large moving truck untrained and unprepared might find it hard to judge how much space they need to merge, turn, or stop. And a simple miscalculation is all it takes to cause an accident.

Miami Moving Truck Accident Scenarios

One moment everything seems fine, and the next, you've been hit by a truck. Some accidents completely catch you by surprise, and you have no time to react. Commercial moving van accidents may often be very similar to commercial truck accidents and can have the same severity of repercussions. Here are such accident scenarios:

  • An accident involving a moving truck left a woman with serious leg injuries after a moment of negligence coming from the driver.
  • A rear-end collision caused by a moving truck resulted in a herniated disc injury that required extended pain management to deal with the injuries.
  • A moving truck burst into flames after it crashed into an overpass pillar on I-95. Two people were inside the truck at the time of the crash, and, unfortunately, both the passenger and the driver were killed.
  • A moving truck whose reckless driver didn't respect his hours of service caused an accident and severe injury.

Injuries that may be sustained by victims in a moving van accident can include:

Even though financial compensation cannot repair the injuries or make the pain disappear, it can be helpful in obtaining money to cover:

  • The medical bills for treating the physical injuries you suffered
  • The wages you lost while your injuries kept you from working
  • The physical and emotional pain and suffering you went through

However, moving truck accident claims are much more complex than those regarding car accidents because matters of negligence and causation must be discussed to solve the case. Also due to:

  • Extensive damages
  • Various causes
  • Higher insurance limits
  • Liability issues

Who Can Be Sued in a Miami Moving Truck Accident Case?

Depending on the particularities of the accident, lawsuits can be filed against any of the following parties:

  • The truck company. Some companies have negligent policies that can contribute to the cause of the crash and render them liable for injuries. These policies include:
    • Paying drivers per mile
    • Influencing drivers to drive at a higher speed
    • Poor employee training
    • Maintenance of the trucks
  • The driver. If the driver is an employee of a moving company that owns the van, then the driver will be liable, and so will his employer. When carelessness contributes to accidents, drivers can be held liable for the victim's injuries. Some of the aspects that lead to catastrophic truck accidents:
    • Driving too fast
    • Getting distracted
    • Disrespecting resting periods
  • The moving company's insurance. If the driver that struck you was an employee of a moving company that owned the moving truck, the company's insurer would more than likely be held liable for damages in the event of an accident. For moving companies, insurance is essential. The interesting part is that, unlike in cases of car accidents, the insurance company working with the truck company can be directly sued for financial compensation in serious truck accident cases.
  • Extra insurance purchased from the rental company. Operations that rent out trucks and vans for moving services often offer supplemental liability coverage. If the renter purchased this extra coverage, the insurance company has to pay if an accident happens with a third party. If an investigation shows that the renter purchased this coverage, you should be able to pursue compensation from the insurance company.

Call a Miami Moving Truck Accident Attorney

At The Law Offices of Sean M. Cleary, we represent individuals seeking compensation following accidents involving moving trucks and cut through the complexities to recover benefits for our clients. Our truck accident attorney:

  • Will review the terms of the contract and other insurance policies to clarify the issue of insurance coverage.
  • Will advocate on your behalf to the insurance companies and the moving truck company.
  • Will help you recover the compensation you need to pay for medical treatment and other expenses related to your injuries.

If you have been injured in an accident involving a moving truck or any other incident involving an 18-wheeler, big rig, or another large commercial vehicle, our experienced truck accident attorney can help you pursue the compensation you need and deserve.

Disclaimer: Please note that the information provided on this site is not formal legal advice, also the site does not allow you to form an attorney-client relationship.