Miami Truck Accident Lawyer: Sean M. Cleary

Truck Accidents are More Complicated Than Car Accidents

Truck accident claims here in Miami and Florida State are more complex than car accident claims due to the fact that they involve issues specific to trucks, the most prominent being:

• The disparity in both size and mass between the truck and passenger cars. These features place occupants of passenger cars at risk of sustaining fatal and catastrophic injuries.
• The dangers of improperly loaded and overloaded trucks. Overloaded cargo, or cargo that is not loaded properly, may cause the vehicle to lose control, leading to serious traffic accidents. Roughly 25% of accidents involving trucks are caused by inadequate cargo securing.
• The special knowledge and training truck drivers must have. Truck drivers have to know the safe speeds to travel given certain circumstances and how much room they would need to stop to avoid accidents. They must know how to perform the proper maintenance checks that are required after each trip. Commercial truck drivers have a limited time they can drive, after they must rest. They need to keep a logbook that accurately documents each trip. Driver fatigue is the most common cause of trucking accidents. Distracted drivers are 20 times more probable to be involved in a crash than non-distracted drivers.
• The extensive regulation of interstate trucking by both the state and the federal government. Trucks have weight restrictions, road restrictions, and maintenance requirements. Trucking companies have to follow federal regulations when it comes to hiring, training, scheduling, as well as maintenance. They must follow HAZMAT regulations when they transport hazardous cargo.
• The complicated relationships between owners, maintenance technicians, shippers, drivers, lessees, and other parties involved with the truck and its load.
• The large amount of liability insurance trucking companies must carry. Trucking companies carry higher levels of insurance because of the potential for catastrophic injuries and property damage. The coverage can run in the millions, so insurance companies put their most experienced, skilled adjusters on truck accident cases to protect their bottom line. You can be sure they'll make low-ball offers in response to your claim for compensation.

At The Law Offices of Sean M. Cleary, attorney Sean Cleary has been tackling complicated trucking accident cases for almost two decades and focuses the law practice on helping the victims achieve maximum financial recovery.

Types of truck accidents

Different factors can cause the many potential types of trucking accidents. Below are some of the most common types:

• Head-ons.
  As a result of a head-on collision, victims often endure devastating, and even fatal, injuries.
• Rear-ends.
  Rear-end collisions can cause serious property damage and injury due to the weight of a truck.
• Side collisions (T-bone).
  When a truck driver runs a red light, there is a chance the semi will hit another vehicle’s side.
• Rollovers.
  When a truck driver runs the wheels off the pavement or up against a curb it causes the truck to flip onto its side. A jackknifed truck is also likely to roll over.
• Tire blowout.
  The driver can lose control of the truck and leave debris on the pavement, which may cause an additional accident. The usual cause of blowouts is the failure to maintain and inspect the tires properly.
• Jackknife accidents.
  Usually, these accidents are caused by a big rig driver abruptly applying the axle brake. The trailer keeps going forward, causing the rig to buckle at a dangerous sharp angle with the cab.
• Oil spills.
  The pavement becomes slippery and dangerous, polluting the environment and creating a danger of fire.
• Hazmat releases.
  The spilling of toxic gases or chemicals may cause illness or respiratory problems when breathed in or may catch on fire causing burn injuries and harm to the environment.
• Underride accidents.
  Often caused by sudden braking of the truck when a car is behind it, cause the car to go under the truck, which often takes the entire top off of the car. Underrides are often fatal to the car’s driver and passengers and can be prevented by equipping the truck with an underride guard.

Truck Accident Cases in Miami and Florida

Case descriptions for truck accident cases:

• A couple was killed after a tractor-trailer rear-ended their van and pinned it against another tractor-trailer stopped in an intersection in Miami. The tractor-trailer was traveling above highway speed - $5,5 million
• A truck driver in Florida ran a red light striking a car and causing brain injury to the driver of the passenger vehicle - $20 million
• A man was injured when his car slid underneath a trailer after the truck attempted a U-turn on a Miami highway at night time - $1.8 million
• A woman was struck by a commercial delivery truck while riding her bicycle in Miami - $6 million
• The driver of a bus was killed when a tractor-trailer attempted to merge in front of him, resulting in a collision in a highway in Miami - $4.8 million
• A tractor-trailer changed lanes into a vehicle causing a man's death - $1.5 million
• A tractor-trailer collided in an intersection in Florida with a stopped vehicle causing a man to suffer mild traumatic injury - $1.125 million

The #1 cause of tractor trailer wrecks? Driver error.

Speeding. Semi trucks need more time and distance to decrease their speed than a regular car. Most truck drivers are paid by the mile and may also have an unrealistic deadline. So some truck drivers try to earn more by driving faster. This is illegal and increases the risk of an accident.

Information about the truck's speed and direction of travel at the time of the accident could be captured on the truck's onboard electronic control module (ECM) or electronic data record (EDR)-sometimes called the "black box." If you've been injured in a trucking accident, it's essential to call an attorney as soon as possible, before the trucking company has a chance to erase this data.

Distracted driving. Everyday truck driver distractions include glancing at the screen of onboard computers, texting, talking on a cell phone, changing the radio station, eating, and reading or filling out paperwork.

We conduct a full investigation of each trucking accident. This can include looking at witness statements, police reports and cell phone records.

Driver fatigue due to long working hours and few rest breaks are a significant factor in driver error-caused tractor-trailer collisions. Drowsy drivers have slow reaction time and impaired judgment. They make careless mistakes, such as not paying attention to their speed, failing to stop at a red light, failing to check blind spots or falling asleep behind the wheel.

Substance abuse. A driver with a blood alcohol content (BAC) of .08 or above is considered legally drunk and is not allowed to drive. Because driving trucks can be dangerous, the legal limit for commercial truck drivers is even lower. A BAC of .04 is considered legally drunk. Drugs also affect a driver's decisions and response times and also create a dangerous situation. Some truck drivers take drugs that allow them to stay awake longer and put in more miles.

Our investigators review all driver's logs, schedules, police reports, interview witnesses and examine the physical evidence for any evidence of drowsy driving and for any signs the driver was under the influence.

Inadequate or improper training. An improperly trained driver lacking skills in safety elements like handling the vehicle or defensive driving is a high risk to the motorists on the road.

Unfamiliarity with roads or inexperience. Truck drivers who aren’t prepared for curvy, narrow, or rough roads or familiar with problematic routes can quickly lose control of the truck. It's the commercial truck driver's responsibility to recognize road restraints and act accordingly. Failure to do so and taking needless risks can put people's lives in danger.

• A driver was killed in a crash caused by a propane truck that ran out of control - $1,395 million
• A wheel came off a tractor-trailer and hit a vehicle traveling in the opposite direction, causing it to roll over - $16 million
• A tractor-trailer collision resulted in axle crossing median wall and hitting a man’s vehicle - $4.3 million
• A logging truck turned, and the logs penetrated a car's windshield - $2.25 million

Common causes for these wrecks that can be attributed to the negligence of the owner or some other party include:

Overloading, under-filling tanks carrying liquids, or failing to secure the load or the trailer properly. A load that is too large can lead to tire blowouts, causing the tractor-trailer to jackknife and tip over or produce flying debris that can cause cars to swerve and collide. If the load is not adequately secured, it may slide around and become imbalanced over time, or even fall off the truck into the roadways and traffic.

The driver of a tractor-trailer is rarely the same person who loaded the items before leaving the original facility. If the truck wasn't correctly loaded, the driver may not know to be cautious until it's too late.

Mechanical or equipment failure or poor maintenance. Worn tires or braking systems can lead to horrific accidents. Because all the maintenance checks must be documented, a truck company can be held responsible for a crash if the faulty equipment is to blame.

Most of these causes all circle back to one fact, the increasing pressure to cut costs and edge around regulations to make harsher deadlines and lower budget allowances. Necessary vehicular maintenance is more and more often postponed or avoided entirely, and companies or drivers purchase equipment that is more prone to failure to save on cost short-term.

Truck Accidents: Who is Liable in Florida?

When it comes to determining liability in a vehicle accident, several entities might be responsible according to the Florida State Law. A detailed investigation is often necessary to identify who acted in a careless or negligent manner and, therefore, caused the crash. Any of these parties may be legally liable for an accident, depending on the circumstances.

• Truck driver: if he or she acted in a reckless manner, failed to obey traffic laws, was distracted or operated the vehicle under the influence of alcohol or drugs
• Trucking company: in case they failed to meet federal regulations or required their drivers to work beyond the legal limit
• Shipper of goods: in case the accident was the result of a hazardous material transported in the vehicle
• Truck manufacturer: if the crash was the product of a defective design like defective tires or faulty brakes
• Truck repair shop: in case the truck recently underwent a repair that hasn't been performed correctly
• Government entities: in case the accident resulted from unsafe road conditions, improper lighting or broken traffic signal

If the truck driver was himself injured in the crash, without being at fault, he or she might also sue his employer or other responsible parties. With so many potential defendants it is imperative to work with an experienced Florida based trucking accident lawyer who can investigate the circumstances at the scene, analyze the vehicles involved and conduct interviews to determine the number of compensatory damages that may be eligible in a claim.

Injuries and Compensatory Damages in Truck Accident Cases

During a truck accident, victims will often suffer multiple types of injuries as the vehicle crumbles under pressure, glass breaks and the body is jerked forward and back upon impact:

• Traumatic brain injuries
• Spinal cord injuries
• Paraplegia
• Quadriplegia (tetraplegia)
• Internal bleeding
• Organ damage
• Serious fractures and amputations
• Burn Injuries
• Neck and back injuries
• Herniated discs
• Facial injuries
• Scarring and disfiguration
• Chronic pain
• Psychological trauma

There are different types of compensatory damages you may claim for in Florida State if you have sustained injuries after a trucking accident. Our attorney, Sean Cleary, will assist in making a claim to recover compensation for both your economic damages and non-economic damages that relate to the quality of life. Compensatory damages in Florida State may include:

• Cost of current and future medical expenses
• Cost of transportation to medical appointments
• Cost of personal and household assistance with tasks you are unable to do because of the injury
• Lost earnings and future earning potential
• Cost of rehabilitation
• Cost of psychological counseling
• Cost of medical and assistive devices
• Cost of refitting home and vehicle to accommodate your disability
• Any other out-of-pocket expenses necessitated by the accident
• Pain and suffering
• Emotional anguish
• Disfigurement
• Disability
• Loss of enjoyment of life
• Loss of consortium

How Can The Law Offices of Sean M. Cleary Help You in a Trucking Accident Case in Florida?

In commercial trucking accident claims, experience matters. Filing a claim in the state of Florida, collecting evidence at the scene, proving fault, and gaining fair compensation from the insurance companies are the major aspects of every truck crash case. Our skilled and experienced Miami based trucking accident attorney, Sean Cleary, will handle your case while you and your family can focus on recovering from your injuries.

We are highly familiar with the specific rules and regulations that apply to truck accident cases here in Florida, and we've successfully represented victims and their families against the biggest insurance companies and large corporations. We want to help you heal both physically and financially. We are committed to giving our clients the resources they need to get on with their lives, by providing personal, compassionate representation.

If you, or someone in your family, has been injured in a truck accident, speak to Sean Cleary,  Miami based attorney at The Law Offices of Sean M. Cleary to find out eligibility and compensatory amounts.

At The Law Offices of Sean M. Cleary, we have helped numerous victims recover from their severe losses by holding truckers and trucking companies responsible for the accidents and deaths they cause. Initial consultation for victims and family members is always free, and you do not pay any attorneys fees unless we recover compensation for you. To find out more about your potential case and how we may be able to help you, call our Miami based office at 305.416.9805.