When an accident occurs between a commercial truck and a car, the damages can be catastrophic, most of the times even fatal.
This happens largely because a truck can weight up to 80,000 pounds, while a car weighs merely 3,000 pounds and, logically, the smaller vehicle experiences most of the damages.
Here, at The Law Offices of Sean M. Cleary, we represent victims of truck vs. car accidents on a regular basis and we have a magnificent record of success regarding these cases. You can contact us for a free initial evaluation.
Who Can be Held Responsible for a Crash in Miami?
In order to reach a fair settlement, the victim must name all parties who could share responsibility for the crash - meaning the truck driver and the transportation company they work for. Under the respondeat superior doctrine, the employer is directly liable for any act committed by the employees of the course and purpose of their work.
In order to hold a truck company liable, a few elements must be present:
- The truck driver must have been doing his job under his employer's instructions
- The employer must have been in a position to control the employee's activity
- The employee's actions occurred within the purpose of his work duties
Who Will Pay for the Damages?
If the truck company is indeed responsible for the accident you have suffered, their insurance will then pay for all damages. These companies are well aware that accidents are quite possible and when they happen, they will be held liable. That is the reason why they cannot afford to pay huge amounts of money to cover the claims of car accident victims and that is why they are insured - trucking is a very competitive field and companies operate under tight profit margins so, each year, companies prefer to pay insurance carriers to protect themselves. If you decide to file a claim, the matter is already in the hands of the truck company's insurer.
Contact Sean M. Cleary, Miami Car Accident Attorney
You have to know that each car accident that involves a truck is different and if you want to have the best chance of recovering money, you must understand all aspects involved in filing a personal injury claim.
Don't let others take advantage of you just because you're unfamiliar with the process of claiming what is rightfully yours and contact us at 305.416.9805 for a free case evaluation.