




We know how to investigate and build strong trucking accident cases in Miami and Florida and we get results for families of people injured or killed in these accidents.
We use accident reconstruction specialists, automotive and civil engineers, and traffic safety experts to investigate and provide evidence for insurance and trucking companies.
Over 500K truck accidents are reported in the U.S. each year, resulting in approximately 5K fatalities and around 140K serious injuries. Every 16 minutes, a U.S. resident is killed or injured in a big rig accident. According to DHSMV, 17 Commercial Motor Vehicle (CMV) fatalities and 921 CMV injuries occur annually in Miami-Dade County. In 98% of the truck cases, the victims are the driver or vehicle occupants of the passenger car. Also, 15% of the fatalities caused by trucks are motorcyclists, bicyclists, or pedestrians. Catastrophic injuries, including severe brain injuries and spinal cord injuries, are reported with high frequency following these crashes.
Truck accidents represent some of the most serious cases we handle at The Law Offices of Sean M. Cleary. Knowing what to do after a truck accident in Florida can be overwhelming. Even knowing where to start can be confusing. We can help. We have years of experience handling 18-wheeler accidents on I-95, SR 112, SR 826 and other highways and roads in Miami and the rest of Florida. We're familiar with the common causes of truck accident injuries. We're here for you and ready to fight for your rights.
Obtaining compensation for serious injuries caused by truck accidents is no easy matter. Truck accident cases can be complex and involve many factors and parties large and affluent enough to fight liability vigorously.
After you are involved in an accident with a commercial truck, you will likely be flustered and not know how to react. Despite this, it is important to act in order to protect your rights. Besides the steps you should take immediately after the accident - call the police and file a report, take pictures of the scene, identify any potential witnesses, go to the emergency room or a doctor - you can subsequently take the additional following steps:
It takes experience and very careful preparation to overcome all the obstacles that insurance and truck companies will place in our path. At The Law Offices of Sean M. Cleary, you get the benefit of 20 years of experience by a top-rated Miami personal injury firm, with access to all the truck accident experts and technology needed to:
To enlist the help of our truck accident lawyer in Miami or surrounding counties, contact us today. The sooner you call us, the better our chances to identify and preserve the evidence in your favor. We prepare for trial those cases that are likely to go to trial, and we put in posture for settlement those cases that are going to be settled, which leads to both better and quicker verdicts and settlements.
Due to the sheer size of large commercial trucks and the force of impact, truck accidents cause a large number of catastrophic injuries. As a result, if you were involved in a truck accident, you likely require intensive and long-term medical treatment.
Fortunately, you can often recover significant compensation for your injuries. Tort law seeks to put you back into the position in which you were before the accident by compensating you for your injuries, as much as possible. However, serious or fatal truck accidents can be extremely complicated and you may have only one opportunity to obtain the financial compensation to which you are entitled. Don't take chances with your future. Contact us. We have expertise in the state and federal laws governing trucking accidents. We know how to successfully resolve complicated legal cases.
There are different types of damages you may claim in the State of Florida when you have sustained injuries after a trucking accident. Most damages that are awarded in personal cases are compensatory damages, meaning that they seek to reimburse you for a loss you suffered because of an injury.
Our attorney, Sean Cleary, will assist you in making a claim for personal injury for both your economic and non-economic damages that relate to your quality of life. Economic compensatory damages in the State of Florida may include:
Non-economic compensatory damages may include:
These are some examples of the types of compensatory damages that may be available in your case. Also, depending on the circumstances, there may be punitive damages available after your truck accident case, designed to punish a trucking company for its willful violation of safety regulations. Florida law allows punitive damages to be awarded in limited circumstances, but the conduct of truckers and trucking companies in accident cases often fits theses limited circumstances, so punitive damages are typically awarded in truck accident cases.
If you prevail on the punitive damages claim, the amount awarded would most likely be capped:
Our role is to seek maximum recovery for you and your family, going beyond seeking compensatory damages and seeking recovery of punitive damages as well where warranted. If you would like to learn more about seeking damages in a truck accident case that has impacted you or a family member, please contact the seasoned truck accident attorney at The Law Offices of Sean M. Cleary for a free consultation about your case.
Our thoughts and hearts go out to all affected by truck accidents. We've helped injured clients or families of victims killed in truck crashes recover the money they deserved, and we're here to help you too. Here are some informative examples of Miami truck accident cases and their verdicts and settlements:
During a truck accident, people may suffer multiple types of injuries as vehicles crumble under pressure and bodies are thrown forward and back upon impact. In an instant, you or a loved one can sustain a serious injury that leaves you unable to move or work normally for weeks or months or even for the rest of your life.
Accidents involving large commercial vehicles often result in the death of a driver or passenger in another vehicle. These devastating accidents wreak havoc on families' lives when you lose a loved one due to the reckless behavior of a commercial truck driver.
Injuries caused by commercial trucking accidents cover a wide range. Some of the most common and serious ones we encounter at The Law Offices of Sean M. Cleary include:
Whatever type of injuries you or your family are dealing with, you must seek immediate medical attention. Make sure you take your injury seriously right from the start. Contact The Law Offices of Sean M. Cleary.
We have also been advocating on behalf of the injured and families who lost loved ones for more than 20 years. One case result for a fatally injured truck accident victims was a $5,5M settlement. In case after case, we have consistently obtained sizable verdicts and settlements for injured individuals throughout Florida.
The law involving truck accidents, for the most part, follows the law of motor vehicle accidents; that is, you must establish negligence, causation and damages.
When it comes to determining liability in a truck accident, several entities might be responsible, according to the Florida State Law. A detailed investigation is often necessary to identify who was responsible for what and who acted carelessly or negligently and, therefore, caused the crash. Any of these parties may be legally liable for an accident, depending on the circumstances.
Other unique aspects of truck accident litigation may include:
If the truck driver was injured in the crash, without being at fault, he or she might also sue the employer or other responsible parties. With so many potential defendants it is important to work with an experienced Florida trucking accident lawyer who can investigate the circumstances at the scene, analyze the vehicles involved, conduct interviews and carefully review State and Federal statutes to determine the compensatory damages that may be recovered in a claim.
Under Florida’s statute of limitations, you have four years from the date of the accident to file a personal injury claim. If you lost a loved one in a truck accident, you have two years from the date of death to file a wrongful death lawsuit.
If an injury sustained in the accident was not discovered until later, the four years would begin with the date of diagnosis. If an accident victim was a minor at the time of the crash, their age can also impact the statute of limitations on a lawsuit.
Regardless, keep in mind that truck accidents are complex. Multiple parties may need to be investigated, and experts may need to be consulted. Trucking companies usually have aggressive lawyers and insurance agents who will start working on the case as soon as possible and they will aim to minimize the settlement you’re entitled to receive.
We suggest scheduling an initial consultation with a truck accident attorney experienced with Florida cases as soon as possible. The sooner you file your legal claim, the better your chances of receiving full compensation for the damages you’ve suffered.
In commercial trucking accident claims, experience matters. Filing a claim in the state of Florida, collecting evidence at the scene, proving fault, and obtaining fair compensation from the insurance companies are the major aspects of every truck crash case. Our skilled and experienced Miami truck accident lawyer, Sean M. Cleary, will handle your case while you and your family can focus on recovering from your injuries.
We are highly familiar with the rules and regulations that apply to truck accident cases here in Florida, and we've successfully represented injured individuals 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 M. Cleary, Miami-based attorney at The Law Offices of Sean M. Cleary, to find out about your eligibility to file a claim and the compensatory amounts available.
At The Law Offices of Sean M. Cleary, we have helped numerous injured individuals recover from their severe losses by holding truckers and trucking companies responsible for the injuries and deaths they cause. Initial consultation for injured individuals and family members is always free, and you do not pay any attorney 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.
If you are deemed to be partially at fault for the accident, you could still win the lawsuit if that percentage is under 50%, under the comparative negligence doctrine. You should therefore still sue, with the help of an experienced attorney.
View full answerIf the truck driver responsible for an accident was employed by a trucking company, the company can be directly held responsible for the driver's negligence. This can maximize your chance of receiving maximum compensation for your accident.
View full answerIf you were involved in a truck accident, pull over when safe, check yourself and passengers for injuries, call the police and do not alter the accident scene. Get medical attention if at all necessary. Cooperate with the police, but do not give or sign any statement without first contacting an attorney.
View full answerIf you were the victim of a truck accident, contact an experienced attorney who can help you collect the correct compensation for medical expenses, lost income, emotional trauma, suffering and pain etc. The attorney can correctly determine liability of either the driver, the company, the manufacturer etc.
View full answerIf involved in a truck accident, contact a lawyer as soon as possible. They will help you sue the correct responsible party and file a claim for the maximum compensation. A lawyer will collect all the case documents and evidence, from the trucking company as well as from experts, police etc.
View full answerFor questions and free legal advice to help individuals please call us
305.416.9805