North Miami Truck Accident Lawyer

Were you injured in a truck accident in North Miami caused by someone else’s carelessness? Reach out to Neufeld & Kleinberg, PA today for a complimentary consultation. Our experienced North Miami truck accident attorneys are here to help you get the justice you deserve.

North Miami is a vibrant community with busy roads and plenty of shopping, dining, and entertainment. However, anywhere where there is a lot of people, there are also a lot of trucks. Trucks are an integral part of our society, transporting important consumer goods, machinery, gas, oil, and other items throughout Florida and beyond. Unfortunately, truck accidents do sometimes occur, and they can be devastating.

Many truck accidents in North Miami tend to lead to serious injuries, property damage, and deep emotional distress for victims who suddenly find themselves juggling medical bills, lost wages, and insurance hassles. Dealing with a truck accident can feel incredibly overwhelming. You might wonder who will pay your mounting medical costs or how you’ll handle aggressive insurance companies that seem more interested in saving money than helping you recover.

Worse yet, it can be tough to figure out who’s truly at fault—could it be the driver, the trucking company, or someone else? In such a confusing situation, every day that goes by without professional representation can place a bigger strain on your finances and well-being.

At Neufeld & Kleinberg, PA, we understand what you’re going through and we’re ready to guide you. Our North Miami truck accident lawyer team focuses on helping people just like you. We know truck accident laws inside and out, and we’ll stand by your side from start to finish.

Whether you need help filing a claim, negotiating with insurers, or taking your case to court, we’re here to fight for the full compensation you deserve. Let us lift the burden from your shoulders so you can focus on healing and getting your life back on track.

Common Causes of Truck Accidents in North Miami

North Miami’s roads and highways are often busy with commercial trucks transporting goods throughout Miami-Dade County. Whether you’re driving near Biscayne Boulevard, passing by the FIU Biscayne Bay Campus, or heading toward Oleta River State Park, large trucks are a common sight.

Unfortunately, these vehicles can also pose a significant risk to other motorists. Here’s what you need to know about common causes and types of truck accidents in North Miami, FL.

Here are some of the factors that cause North Miami truck accidents:

• Driver Fatigue and Hours-of-Service Violations: Many truck drivers work under tight deadlines, sometimes pushing themselves beyond legal driving limits. When drivers don’t take mandated rest breaks, fatigue impairs reaction time and judgment, raising the risk of accidents. Fatigue-related crashes often occur during nighttime hours when drivers are more likely to fall asleep at the wheel.
• Distracted or Impaired Driving: Truck drivers who text, eat, or engage in other distractions put everyone on the road in danger. Impaired driving—due to alcohol, drugs, or prescription medications—further heightens the risk of a serious crash. Even minor distractions in a multi-ton vehicle can have catastrophic consequences.
• Inadequate Vehicle Maintenance: Commercial trucks require regular inspections and maintenance. Worn brakes, faulty tires, and defective steering systems can all lead to catastrophic failures on highways like I-95. Failure to replace critical parts or skipping routine checks can result in deadly accidents.
• Overloaded or Improperly Loaded Cargo: A truck that exceeds weight limits or has unevenly loaded cargo can lose balance, resulting in rollovers or falling debris. Improperly secured loads can shift suddenly, affecting the truck’s center of gravity and leading to loss of control.
• Violation of Traffic Laws: Speeding, ignoring traffic signals, and failing to yield are common infractions that can lead to severe collisions, especially given a truck’s large size and reduced maneuverability. These violations are particularly dangerous in congested areas or during bad weather.

Common Types of Truck Accidents

Unfortunately, there are many ways a truck accident can occur. They happen on highways, side streets, and even in parking lots. Here are some of the most common types of truck accidents we see that lead to serious injuries and property damage.

• Rear-End Collisions: Trucks take longer to stop because of their weight and size. If a driver is speeding, following too closely, or distracted, they can slam into the car ahead—sometimes with devastating consequences. The sheer force of a truck’s impact can cause severe injuries or fatalities, especially in smaller vehicles. Poor weather conditions, such as heavy rain or fog, can further increase stopping distances and the likelihood of rear-end crashes.
• Jackknife Accidents: In these incidents, a truck’s trailer swings to form a 90-degree angle with the cab, resembling a folding knife. Jackknifes often happen when drivers brake suddenly on wet roads or during sharp turns.
• Rollover Incidents: A truck can roll onto its side if the driver over-corrects steering, or if the truck’s load is unbalanced. Rollover accidents can block multiple lanes of traffic, creating chaos during rush hour.
• Underride Collisions: When a smaller vehicle slides underneath a truck’s trailer, the results can be catastrophic. In North Miami’s congested streets, sudden stops can lead to this dangerous type of crash.
• Blind Spot Accidents: Trucks have significant blind spots along their sides and rear. If a passenger car drives in these “no-zones,” a lane change or turn by the truck driver can lead to a serious collision.

The Importance of Hiring a Specialized Truck Accident Lawyer

Dealing with a truck accident in North Miami can be vastly different from handling a standard car crash. Trucks are governed by additional regulations, involve multiple parties, and often carry larger insurance policies. Here’s why hiring a specialized truck accident attorney can make all the difference in your case.

Navigating Complex Regulations

• Federal Motor Carrier Safety Administration (FMCSA) Guidelines: Trucks traveling on I-95 or local North Miami roads must adhere to federal rules on driver hours, vehicle inspections, and cargo loading. A lawyer knowledgeable in FMCSA regulations can determine if the truck driver or company broke these rules.
• State-Specific Trucking Laws: Florida has its own set of statutes that govern trucks, including weight limits and driving hour restrictions. A specialized lawyer stays updated on these laws, making sure your case is handled with precision.

Determining Liability

• Truck Drivers: A driver may be liable if they were speeding, impaired, or fatigued. Lawyers look for evidence like logbooks, accident reports from North Miami Police, or eyewitness statements.
• Trucking Companies: Companies can bear responsibility if they failed to maintain the truck, ignored hours-of-service rules, or pressured drivers to meet unrealistic deadlines.
• Vehicle Manufacturers: Defective parts like brakes or tires may lead to an accident. An attorney can investigate and hold the manufacturer accountable if a design or production flaw contributed to the crash.
• Cargo Loaders: Improperly loaded cargo can cause a truck to lose balance. If a loading company overlooked standard safety procedures, they too could be liable.

Handling Insurance Companies

• Dealing with Multiple Insurers: Trucking accidents may involve several insurance policies—for the driver, the trucking firm, and even the cargo. Understanding these layers is essential to avoid confusion and ensure fair compensation.
• Strategies to Counteract Lowball Settlement Offers: Insurance adjusters often aim to settle quickly and cheaply. An experienced truck accident lawyer knows how to gather the evidence needed to show the true value of your claim.

How Neufeld & Kleinberg, PA Can Help You

When a truck accident in North Miami disrupts your life, you need a legal team that understands the complexities of commercial vehicle crashes. At Neufeld & Kleinberg, PA, our goal is to handle every part of your case so you can focus on healing. Below, we’ll explain the key steps we take to protect your rights and pursue fair compensation.

Comprehensive Case Evaluation

1. Free Initial Consultation: We start by listening to your story. You’ll have an opportunity to share details about the accident—where it happened, how it occurred, and what injuries you’ve suffered. This first meeting helps us understand the basics of your case and determine if moving forward together makes sense.
2. Assessment of Case Merits: During the initial review, we’ll identify potential strengths and challenges. Is there clear evidence the truck driver was at fault? Are there possible violations of federal regulations? By carefully evaluating each factor, we can give you an honest outlook on the chances of a successful claim.

Evidence Collection and Investigation

1. Gathering Accident Reports: We obtain official reports from local authorities, such as the North Miami Police Department or the Florida Highway Patrol, to confirm how the accident was documented.
2. Securing Electronic Logging Device (ELD) Data: Many commercial trucks use ELDs to track driving hours. These records can show if the driver was on the road longer than allowed by the FMCSA’s hours-of-service rules. Violations can significantly bolster your case.
3. Interviewing Witnesses: Witnesses who saw the crash can offer valuable testimony. Whether they noticed the truck weaving in and out of lanes on I-95, for example, or recalled the driver appearing fatigued, their statements may strengthen your position.
4. Collaborating with Accident Reconstruction Experts: In complex cases—like a multi-vehicle crash—a reconstruction specialist can analyze skid marks, vehicle positions, and other evidence to piece together the exact sequence of events. Their expert findings can be a game-changer in court or settlement discussions.

Legal Representation and Negotiation

1. Filing Claims and Lawsuits: We handle all the paperwork, ensuring deadlines are met and your claim is filed according to Florida’s legal requirements. If negotiation doesn’t lead to a fair result, we’re ready to file a lawsuit and go to trial.
2. Negotiating Settlements: Insurance companies often try to minimize payouts, especially when multiple policies are involved in a truck accident case. We take charge of discussions with insurers, using the evidence we’ve gathered to argue for the compensation you truly need.
3. Preparing for Trial if Necessary: Sometimes, insurers refuse to settle or deny liability altogether. In these situations, we don’t back down. Our attorneys have courtroom experience and will vigorously represent you in front of a judge or jury.

At Neufeld & Kleinberg, PA, we pride ourselves on delivering personalized attention. We know that each truck accident case is different—maybe yours involved an overloaded cargo truck on NE 6th Avenue, or an 18-wheeler that skidded while turning onto NE 125th Street.

Regardless of the specifics, we believe in a hands-on approach. Our firm’s mission is to lighten your burden during an already stressful time. By performing a thorough investigation, gathering essential evidence, and advocating for you in court, we strive to secure a fair outcome. With Neufeld & Kleinberg, PA on your side, you’ll have a dedicated team working hard to protect your interests and help you move forward after a serious truck accident.

Compensation Available to Truck Accident Victims

Truck accidents in North Miami can be life-altering. From steep medical bills at local hospitals to long-term physical therapy and emotional distress, the aftermath can leave you feeling overwhelmed. Fortunately, Florida law allows victims of truck accidents to seek various types of compensation.

• Medical Expenses: These costs can include emergency room visits, surgeries, hospital stays, prescription medications, and any necessary assistive devices like wheelchairs or braces. If you need ongoing therapy or specialized treatment, that should also be factored into your claim. We recommend keeping all bills and medical records from facilities in and around North Miami for accurate documentation.
• Lost Wages: Truck accidents often lead to severe injuries that prevent you from working. If you miss days, weeks, or months of employment, you can claim compensation for those lost wages. If your injuries impact your ability to work at the same level in the future, you may also seek damages for lost earning capacity.
• Property Damage: The damage to your vehicle—or any personal property inside it—can be included in your economic damages. Save receipts for towing, rental cars, and repair costs to present a clear picture of your financial losses.
• Pain and Suffering: Truck collisions can cause lasting physical pain, from broken bones to chronic back issues. This category covers the negative impact that pain has on your day-to-day life and overall well-being.
• Emotional Distress: Surviving a serious crash can trigger anxiety, depression, or even post-traumatic stress disorder (PTSD). If your mental health has declined due to the accident, you may receive compensation for therapy and the emotional toll of your ordeal.
• Loss of Consortium: If your injuries affect your personal relationships—such as your ability to care for your family or maintain a normal relationship with a spouse—loss of consortium damages may apply.
• Punitive Damages: While most damages aim to compensate you for your losses, punitive damages are different. They’re designed to punish exceptionally reckless or malicious behavior. A classic example might be if a trucking company willfully ignored major safety regulations or if a driver was extremely intoxicated while behind the wheel. If their conduct goes far beyond simple negligence, the court could award punitive damages as a deterrent.

Ways to Strengthen Your Claim

• Documentation: Keep detailed records of medical treatments, lost workdays, and repair estimates. The more evidence you have, the easier it is to accurately show your losses.
• Witness Statements: Collect contact information from anyone who saw the crash.
• Expert Opinions: Accident reconstruction experts, medical specialists, and even vocational analysts can help clarify your damages and the severity of the truck driver’s negligence.

How Long Does It Take to Resolve a Truck Accident Case?

Truck accident cases can vary widely in complexity. Some are resolved relatively quickly, while others might drag on for years. Understanding what factors affect the duration of your case can help you prepare for the legal process ahead.

Factors Influencing Case Duration

1. Severity of Injuries: Cases involving serious injuries, ongoing medical treatments, or long-term rehabilitation typically take longer. The more severe the injuries, the more extensive the medical documentation and expert evaluations needed.
2. Liability Disputes: If it’s not clear who caused the accident, the investigation stage might be prolonged. Multiple parties—such as the truck driver, trucking company, or vehicle manufacturer—can all be potential defendants. Determining each party’s share of fault often requires accident reconstruction and expert testimony.
3. Insurance Coverage: Trucking companies often carry multiple layers of insurance. Negotiations can become more complicated and time-consuming, as different insurers may dispute liability or try to minimize their share of any payout.
4. Court Backlog: If your case goes to trial, court scheduling and backlogs can add months (or even years) before a judge or jury can hear your case.

Settlement vs. Trial Timelines

Settlement Negotiations

Many truck accident claims reach a settlement without going to trial. In straightforward cases—where liability is clear and injuries are well-documented—insurance companies may offer a fair settlement within several months.

However, if insurers push back or undervalue your claim, negotiations can last longer as both sides exchange evidence and counteroffers.

Trial Process

When a fair settlement can’t be reached, going to trial becomes the next step. This process involves filing a lawsuit, undergoing discovery (where both sides exchange information), attending pretrial motions, and eventually presenting your case in court.

Each of these steps can extend the timeline, especially if the defense files multiple motions or if expert witnesses need scheduling. Furthermore, once the trial concludes, either party could appeal the verdict, adding even more time.

In general, a simpler truck accident case might be resolved in a matter of months, while a highly contested case could take a year or more. Being aware of these variables can help you maintain realistic expectations about the timeline.

A skilled truck accident lawyer can guide you through each stage, working to expedite negotiations and, if necessary, prepare for trial to seek the compensation you deserve.

What If I Am Partially at Fault for the Accident?

Thinking you may be at least partly responsible for a truck accident can be unsettling. You may worry that you’ll lose your right to compensation or face legal consequences. However, under Florida law, being partially at fault doesn’t necessarily mean you’re barred from recovering damages. Let’s go over the way comparative negligence works.

Comparative Negligence Laws in Florida

Florida follows a pure comparative negligence standard. This means that each party’s percentage of fault determines how much compensation they can recover. For example, imagine you’re found 30% responsible for a collision on a busy highway because you were speeding, while the truck driver is deemed 70% at fault for failing to yield.

If the total damages in your case are $100,000, your award would be reduced by your percentage of fault (30%), leaving you with $70,000.

In some states, being more than 50% at fault might prevent you from receiving any compensation. In Florida, however, you can still recover damages even if you bear the majority of the blame—though your final recovery will be adjusted accordingly.

Impact on Compensation

1. Reduced Settlement Amount: If you share fault, expect your settlement or verdict to reflect that proportion. Insurance companies are quick to argue a higher fault percentage on your part, aiming to lower the payout.
2. Negotiation Strategies: Establishing the truck driver’s or trucking company’s negligence becomes even more crucial if you’re partially responsible. Evidence like electronic logging device (ELD) data, eyewitness testimony, and accident reconstruction can shift more fault away from you.
3. Importance of Legal Representation: Navigating the comparative negligence framework can be complicated. A skilled lawyer will help gather evidence to demonstrate the truck driver’s degree of fault—such as hours-of-service violations or poor vehicle maintenance—to minimize any blame that might be placed on you.

Statute of Limitations in Florida

When you’re involved in a truck accident in Florida, it’s crucial to be aware of legal timeframes. Missing these deadlines can jeopardize your ability to pursue compensation. Below is a brief overview of Florida’s statutes of limitations, along with some exceptions.

• Personal Injury Claims: In most Florida personal injury cases, including truck accidents, you generally have two years from the date of the incident to file a lawsuit. This deadline ensures that evidence remains relatively fresh and that both parties can mount a fair case.
• Wrongful Death Claims: Tragically, truck accidents can sometimes result in fatalities. If you’ve lost a loved one, you typically have two years from the date of death to file a wrongful death lawsuit in Florida.

During this period, you can claim funeral expenses, medical bills incurred before death, loss of companionship, and other damages on behalf of the deceased’s estate and surviving family members.

Exceptions to the Statute of Limitations

1. Discovery of Injuries: In certain situations, injuries may not be immediately apparent. If a medical condition or complication surfaces later, the clock for filing a claim might start from the “date of discovery.” However, proving that you couldn’t have known earlier can be a legal challenge, requiring thorough medical documentation and expert testimony.
2. Minors Involved in the Accident: If the injured party is a minor, Florida law may extend the statute of limitations until they reach the age of 18. This extension recognizes that minors can’t initiate legal proceedings on their own and should have the chance to do so once they’re legally adults.

Steps to Take Following a Truck Accident

The moments immediately after a truck accident can feel overwhelming. Yet, the actions you take—and the evidence you gather—can significantly influence your ability to secure compensation later. Here’s a straightforward guide to help you protect your well-being and legal rights.

1. Seek Medical Attention: Your health comes first. Even if you believe your injuries are minor, it’s wise to visit a hospital or urgent care. Some injuries, such as whiplash or internal bleeding, don’t show immediate symptoms. Keep all medical records and receipts. These documents can serve as critical evidence for your insurance claim or lawsuit.
2. Report the Accident to Authorities: Call 911 if anyone needs urgent medical care. If the police come to the scene, they’ll create an official accident report, which can be invaluable later. Be sure to obtain the report number or a copy once it’s available. It can clarify details about how the collision occurred.
3. Taking Photographs: Use your phone or a camera to capture the damage to all vehicles involved, skid marks on the road, traffic signs, and weather conditions. You should also photograph any visible injuries on yourself or your passengers. Visual evidence can paint a clear picture of the accident’s impact.
4. Collecting Contact Information: Exchange details with the truck driver, including their name, driver’s license, insurance information, and the trucking company they work for. Additionally, you should gather the names and phone numbers of any witnesses. Their statements can bolster your claim if the truck driver disputes fault.
5. Consulting with a Truck Accident Lawyer: A qualified attorney can guide you through reporting the accident to your insurance company, investigating liability, and negotiating with insurers. The sooner you involve a legal professional, the stronger your case can become.

Frequently Asked Questions

What Should I Do Right After a Truck Accident?

Your safety comes first. Call 911 if you or anyone else is hurt. If possible, move to a safe location and wait for the police to arrive. Ask for a copy of the accident report later. You should also gather contact information from the truck driver, any witnesses, and take photos of the scene. Finally, seek medical attention, even if you think your injuries are minor.

How Is a Truck Accident Different from a Regular Car Accident?

Truck accidents often involve larger insurance policies, federal regulations, and multiple parties—like the driver, the trucking company, or even parts manufacturers. Because trucks are bigger and heavier, injuries can be more serious, making the claims process more complex. Having an attorney who understands these differences can greatly help your case.

Who Can Be Held Responsible for My Truck Accident?

Liability could fall on the driver if they were speeding, distracted, or ignoring hours-of-service rules. The trucking company may also be at fault if it failed to maintain the vehicle or pushed the driver to skip rest breaks. Additionally, cargo loaders or vehicle manufacturers might share blame if improper loading or defective parts caused the crash.

What If I’m Partially at Fault?

Florida follows a “pure comparative negligence” rule. This means you can still recover damages even if you share some responsibility for the accident. However, your final compensation will be reduced by your percentage of fault. An attorney can help you gather evidence to minimize your share of the blame.

How Long Do I Have to File a Claim?

In most North Miami personal injury cases, you generally have two years from the date of the accident to file a lawsuit. If you miss this deadline, you will likely lose your right to seek compensation. It’s best to talk to an attorney as soon as you can to protect your rights.

How Much Compensation Can I Get?

Every case is different. Factors like the severity of your injuries, medical bills, lost wages, and pain and suffering all play a role in determining the amount of compensation. We at Neufeld & Kleinberg, PA will work closely with you to understand all your losses so we can fight for the maximum amount you deserve.

Contact a North Miami Truck Accident Lawyer

Truck accidents in North Miami can turn your life upside down. If you’ve been injured in a collision with a large commercial truck, you are probably dealing with serious injuries, mounting bills, and insurance companies that don’t seem to care about your problems. At Neufeld & Kleinberg, PA, we’re here to guide you through this challenging time.

Our North Miami truck accident lawyers know how to navigate the complexities of these cases. Whether the accident involved driver fatigue, overloaded cargo, or poor vehicle maintenance, we’ll dig deep to uncover the truth and identify all responsible parties. We’ll take the pressure off you by handling negotiations with aggressive insurance companies and fighting for the compensation you deserve.

Don’t let the stress of medical bills and legal questions overwhelm you. Call (305) 690-0617 today for a free consultation. At Neufeld & Kleinberg, PA, we’ll provide the compassionate support and legal expertise you need to move forward. Let us help you seek justice and secure the financial recovery you deserve.