Learn about the rising danger of Florida truck accidents and who may be responsible for your injuries and damages after an accident in Miami.
Sharing the road with massive commercial trucks is a daily reality for Miami residents. While these trucks deliver the goods that fuel our economy, they also pose a significant danger.
According to the National Safety Council, large truck crashes are on the rise nationwide. In 2021 alone, 5,700 large trucks were involved in fatal crashes, representing an alarming 18% increase from 2020 and a staggering 49% increase over the past decade.
Florida, unfortunately, finds itself at the center of this growing problem. With 373 deaths attributed to large truck crashes in 2021 alone, Florida ranked 3rd in the nation for the most fatalities in such accidents.
If you’ve been injured or lost a loved one in a Miami truck accident, understanding your rights and legal options is crucial. This article explores the devastating consequences that these accidents can have and who may be legally responsible when a trucking accident leads to catastrophic injuries or wrongful death.
Recent Miami truck accidents in the news
Mother tragically killed in a truck accident while pushing her baby in a stroller
On February 24, 2024, in Miami, a tragic incident occurred on Valentine’s Day when Jaklin Sabag, a 33-year-old mother, was fatally struck by a dump truck while crossing Biscayne Boulevard with her infant in a stroller, according to a report by the Miami New Times.
The accident happened in congested traffic as Sabag, who was not using a crosswalk, walked in front of the stopped truck while traffic was at a standstill. The truck driver, who could not see Sabag in front of his truck, accelerated when traffic resumed, pinning her under the truck, where she died at the scene. Detectives said he was only going about 5 mph when he struck the victim.
Fortunately, the infant, who was knocked out of the stroller, was not seriously injured, thanks to a bystander who moved the child to safety.
After a thorough review involving witness statements, surveillance footage, and an interview with the driver, Miami Police Department detectives determined that the truck driver was not at fault, noting that the pedestrian accident occurred because Sabag had walked into the street away from a crosswalk. As a result, there are currently no plans to charge the driver.
Underride accident in Miami
In December 2023, a serious rear-end accident occurred on I-75 northbound near Miami Gardens Drive when a Mercedes Benz slid underneath a tanker trailer around 9:30 a.m., leading to significant traffic delays, according to a report by NBC 6 South Florida.
This type of accident, known as an “underride crash,” can be particularly dangerous and often fatal. In response to such incidents, the National Highway Traffic Safety Administration (NHTSA) implemented new regulations in 2022 requiring rear impact guards on trailers and semi-trailers.
These guards are designed to prevent smaller vehicles from sliding underneath trucks during collisions. However, the effectiveness of these guards diminishes at very high speeds.
At the time of their report, it was unclear if the truck involved was equipped with these safety features. The speed the Mercedes was traveling at the time of the accident and the driver’s health condition immediately after the accident were also not known.
A tanker truck carrying cooking oil caught fire after a crash on Interstate 595
In October 2023, a severe accident disrupted traffic for over 8 hours on Interstate 595 westbound in Davie when a tanker truck carrying cooking oil crashed and caught fire. According to NBC 6 South Florida, the incident occurred between Pine Island and Nob Hill Road.
The Florida Highway Patrol reported that the crash was likely caused by tire failure, causing the driver to lose control of the vehicle. The driver, a man in his 30s, sustained significant burns and was rushed to the Ryder Trauma Center in Miami for treatment.
The westbound lanes were closed well into the evening rush hour as emergency services, including Broward Sheriff’s Office Fire Rescue and Hollywood Fire Rescue hazmat teams, responded to the accident. The crash led to a substantial oil spill on the interstate, which complicated cleanup efforts.
How are commercial truck accidents different than other accidents?
Commercial truck accidents differ in key ways from car accidents. Learn how this could affect your compensation after an accident in Miami.
Common injuries from truck accidents
Due to their massive size and weight, which can be as much as 80,000 pounds, truck accidents can result in a range of severe injuries, often more catastrophic than those typically seen in collisions between cars.
These are some of the most common injuries we see in the occupants of trucks and other vehicles after these accidents:
- Traumatic brain injuries (TBIs). These injuries can happen when the head forcefully hits an object, like a steering wheel or window, or from the violent shaking of the head (often seen in rear-end collisions). TBIs can range from mild concussions to severe brain damage that have a lasting impact on a person’s quality of life.
- Spinal cord injuries and paralysis. The impact of a truck accident can damage the spine, potentially resulting in partial or complete paralysis. These injuries can be life-altering, requiring long-term medical treatment and personal care.
- Broken bones. The force exerted in a truck accident can easily break multiple bones. Common fractures in truck accidents include ribs, arms, legs, and pelvic bones.
- Internal injuries. The impact can cause internal bleeding and damage to internal organs. Injuries to the liver, spleen, kidneys, or lungs are common and can be life-threatening if not treated promptly.
- Loss of limbs. In severe cases, limbs may be crushed or severely damaged, requiring surgical amputation.
- Lacerations and burns. Sharp objects, broken glass, and metal can cause severe cuts, while fires resulting from a truck accident can lead to serious burn injuries.
- Neck and back injuries. Whiplash is one of the most common neck injuries resulting from the sudden back-and-forth motion of the neck due to the impact. Back injuries can include strains, fractures, and herniated discs, which can cause chronic pain and mobility issues.
- Psychological injuries. Beyond physical injuries, truck accidents can lead to significant psychological stress, including post-traumatic stress disorder (PTSD), anxiety, and depression, often due to the traumatic nature of the accident.
Given the severity of these injuries, it’s crucial for truck accident victims to seek immediate medical attention, even if no injuries are apparent immediately after the accident. Early diagnosis and treatment can significantly decrease the risk of fatal injuries and increase your chances of a full recovery.
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When is a truck driver or a third party liable after a truck accident?
In a truck accident, the truck driver and/or a third party can be liable for damages, depending on the specific cause of the accident. Below is a breakdown of how liability is determined in a truck accident.
Truck driver liability
A truck driver can be held liable if their actions or negligence contributed to the accident. Some common reasons for truck driver liability include:
- Drunk or drugged driving. Operating a truck under the influence of alcohol or drugs is a serious offense and grounds for liability.
- Distracted driving. Texting, talking on the phone, or any activity that diverts the driver’s attention from the road can be a cause for liability.
- Fatigue. Truck drivers have strict regulations on driving hours to prevent fatigue. Violating these rules and driving while excessively tired can lead to liability.
- Reckless driving. Speeding, tailgating, or other aggressive driving maneuvers can increase the risk of accidents and make the driver liable.
- Improper vehicle maintenance. Drivers have a responsibility to ensure their trucks are in safe operating condition. Neglecting necessary maintenance can lead to accidents and liability for truck drivers.
Third-party liability
In some cases, several parties other than the truck driver can be liable for a truck accident, including:
- Trucking company. The trucking company that employs the driver can be held responsible for accidents caused by factors like providing inadequate driver training, hiring unqualified drivers, or pressuring drivers to violate safety regulations.
- Truck manufacturer or parts manufacturer. If a malfunctioning part like brakes, tires, or steering systems contributes to the accident, the manufacturer of the faulty part or the truck itself could be liable.
- Cargo loading company. Improperly loaded cargo can shift during transit, causing the truck to become unbalanced and crash. The company responsible for loading the cargo could be liable for accidents caused by improper loading.
- Government agencies. In some cases, poorly maintained roads or faulty traffic signals might contribute to a truck accident, making the government agency responsible for road maintenance potentially liable.
The specific cause of the accident will determine who is liable for your damages after a truck accident. An experienced truck accident attorney can help investigate the cause of the accident, identify potentially liable parties, and pursue compensation for your injuries and damages.
Were you injured in a truck accident in Miami? Redondo Law can help!
If you or a loved one has been injured in a truck accident in Miami, you don’t have to navigate the aftermath alone. At Redondo Law, attorney Mike Redondo brings a wealth of experience and a history of success in representing victims of truck accident negligence.
Understanding the challenges that come with these types of personal injury cases, Mike is dedicated to ensuring client satisfaction and robust legal representation every step of the way. He’ll thoroughly investigate the details of the accident and effectively negotiate with insurers to minimize your liability and maximize your compensation.
Contact Redondo Law today for a free case evaluation to learn how we can help you seek the compensation you deserve.
References
DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration 49 CFR Part 571. (n.d.). https://www.nhtsa.gov/sites/nhtsa.gov/files/2022-06/Final-Rule-FMVSS-223-224-Rear-impact-protection-web.pdf
Large Trucks. (n.d.-a). Injury Facts. https://injuryfacts.nsc.org/motor-vehicle/road-users/large-trucks/data-details/
Large Trucks. (n.d.-b). Injury Facts. https://injuryfacts.nsc.org/motor-vehicle/road-users/large-trucks/