Truck drivers in Miami, FL, need to be precise when loading cargo onto their commercial trucks. Given their high center of gravity, large trucks are inherently difficult to maneuver, and uneven cargo distribution increases this risk. An unstable truck is hard to control and is more prone to rolling over, jackknifing, blowing a tire, and other accidents.
Shaked Law Personal Injury Lawyers offers legal support to individuals affected by truck accidents in Miami, Florida, due to improper cargo weight distribution.
If you were injured in a truck accident, contact our law offices to arrange a free consultation with a Miami improper cargo weight distribution lawyer at (305) 937-0191. Our Miami improper cargo weight distribution attorneys are here to help you understand your legal rights and options.
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How Shaked Law Personal Injury Lawyers Can Help You After a Truck Accident Caused by Improper Weight Distribution in Miami
If you are injured in a truck accident in Miami, FL, and discover that poor weight distribution was a factor, you might qualify for a substantial settlement to compensate for your losses. Our Miami truck accident attorneys are committed to securing the funds necessary to cover your medical care, property damage, lost earnings, and other expenses.
We prioritize the success of our clients’ cases and always keep your best interests in mind. Unlike some attorneys who may rush clients into decisions to quickly earn their fees and move to the next case, we are dedicated to ensuring you are satisfied with your settlement.
Our Miami improper cargo weight distribution attorneys can help you in the following ways:
- Conduct a thorough investigation
- Gather evidence
- Handle communications with insurance companies
- Negotiate for a fair settlement agreement
- Go to trial if needed
Our legal team includes Miami personal injury lawyers who have been recognized as:
- Board Certified Civil Trial Lawyers
- Members of the Multi-Million Dollar Advocates Forum
- Expertise Best Car Accident Lawyers
- National Trial Lawyers Top 100 Trial Lawyers
- Super Lawyers
To find out how our knowledgeable Miami personal injury lawyers can assist you in pursuing justice after a truck accident, call today for a free consultation.
Establishing Negligence Due to Improper Distribution of Cargo Weight
Establishing that the other party owed you a duty of care is the initial step in proving negligence. Every driver has a responsibility to take reasonable precautions while driving. Federal regulations, which specify the correct method for loading freight to ensure even weight distribution, can help demonstrate this duty.
Next, you must prove that the truck driver or the trucking company breached this duty of care. You need to show that the cargo was improperly balanced and that this imbalance caused a rollover, a jackknife, a cargo spill, or another type of incident that resulted in your injuries.
Additionally, it is crucial to prove that your injuries are a direct consequence of the accident, not pre-existing conditions.
As this process can be complex, having a skilled personal injury attorney by your side can significantly impact the outcome of your case.
What Damages Are Available After a Truck Accident?
When seeking reimbursement from the trucker’s or trucking company’s insurance after being injured in a truck accident, you can claim the following compensatory damages:
- Medical costs
- Lost income
- Pain and suffering
- Vehicle replacement or repair
- Automobile rental
- Loss of consortium or companionship
Our truck accident lawyers at Shaked Law Personal Injury Lawyers are adept at identifying all possible sources of compensation. We’ll exhaust every option in our pursuit of damages for you.
Can I Recover Damages Even if I Was Partly to Blame?
Florida operates under the modified comparative negligence theory. Depending on how much of the blame for the collision is attributable to you, your compensation will be adjusted accordingly. If you are 51% or more at fault, you will be barred from recovering compensation.
For example, if your damages amount to $100,000 and it’s determined that you were 10% at fault for the collision, your damages will be reduced by 10% ($90,000).
Insurance companies will try to pin most of the blame on you so they can avoid a large payout. Our Miami truck accident lawyers will push back so insurance companies don’t get away with that tactic. Having a skilled personal injury lawyer at your side can make all the difference in how much compensation you’re awarded.
How Much Time Do I Have To File a Lawsuit?
You have the right to file a lawsuit against the truck driver or their employer if the vehicle’s cargo was loaded improperly. It’s crucial to adhere to state regulations and timelines when pursuing this legal action.
In Florida, there is a two-year statute of limitations for filing a claim related to injuries sustained in a truck accident. Once this period expires, you are prohibited from suing the negligent party for damages.
Get Help From a Miami Truck Accident Attorney Today
Don’t face the aftermath of a truck accident alone if improper cargo weight distribution was a factor. Our Miami truck accident lawyers at Shaked Law Personal Injury Lawyers are prepared to help you secure compensation for injuries caused by an improperly loaded truck.
There’s no upfront cost for our services, meaning you pay nothing unless we win. Contact our Miami, FL, law office today for a free, no-obligation consultation.