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Who Is Responsible for Your Moving Truck Accident?

Posted on by in Truck Accidents


The trucking industry is the backbone of the US economy; about 9.2 billion tons are moved annually by over three million drivers nationwide. 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 will weigh around 8K pounds, while large ones will weigh between 18K and 25K pounds.

Contrast that with the average four-door car weighing around 4K pounds, and it's not hard to see how a moving truck accident can cause someone in the smaller car to get hurt. What makes 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 by a moving truck resulted in a herniated disc and extended pain management to deal with the injuries.
  • A moving truck burst into flames after it crashed into an overpass pillar on I-95. Florida Highway Patrol said two people were inside of the truck at the time of the crash. Both the passenger and the driver were killed in the crash.
  • A moving truck driven recklessly after hours caused an accident and serious 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 physical injuries you suffered
  • The medical bills for treating those injuries
  • The lost wages while your injuries keep you from working
  • The physical and emotional pain and suffering you went through because of this collision

However, moving truck accidents claims are much more complex than those regarding car accidents simply because of the extensive damages, various causes, and higher insurance limits. Knowing who to hold liable for the damages is also important. Matters of negligence and causation must be discussed to solve the case.

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

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

  • The truck company. Some companies have negligent policies that can contribute to the cause of the crash. These policies include paying drivers per mile, influencing drivers to drive at a higher speed, poor training of the employees, and negligent maintenance of the trucks make truck companies liable for injuries.
  • 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. Driving too fast, getting distracted and disrespecting resting periods are just some of the aspects that lead to catastrophic truck accidents. When carelessness contributes to the accidents, drivers can be held liable for the victim's injuries.
  • The moving company's insurance. If the driver that struck you was an employee of a moving company that owned the moving truck, their insurance 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 cases of car accidents, the insurance company working with the truck company can be directly sued for financial compensation in serious truck accidents.
  • Extra insurance purchased from the rental company. Operations that rent out trucks and vans for moving services often offer a product called supplemental liability coverage. If the renter has purchased this extra coverage, the insurance company should have to pay should an accident happen 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 moving truck accidents, cutting through the complexities to recover benefits for our clients. Our attorney will review the terms of the contract and other insurance policies that might provide coverage. We will advocate on your behalf to the insurance companies and the moving truck company to piece together the coverage you need to pay for costly medical treatment and repair bills to your vehicle. 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 attorney can pursue the compensation you need and deserve. If you've been in a moving truck accident in Miami, call 305.416.9805 to schedule a free consultation.

For questions and free legal advice to help individuals please call us

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.