A truck accident can leave you facing serious injuries, unexpected expenses, and questions about what happens next. The steps after a collision with a commercial truck may feel overwhelming, especially when you are trying to recover while dealing with insurance companies and unfamiliar legal issues.
Berger & Hicks, P.A. represents people injured in truck crashes throughout West Kendall and the surrounding Miami-Dade County area.
Commercial truck accident claims involve more than a typical car accident case. Federal trucking regulations, multiple parties, and commercial insurance policies may affect how a claim is evaluated. Understanding what happened before the crash and identifying the responsible parties are important parts of building a case.
Martin Berger and Zachary Hicks handle these cases directly and may begin by requesting that important trucking records be preserved before they are lost or overwritten. Call (305) 670-7050 or fill out the contact form on this page to discuss your truck accident and learn what steps may be available.
Schedule Your ConsultationWhat Makes a Truck Accident Claim Different From A Car Accident Claim?
A truck accident claim differs from a car accident claim because federal safety regulations, corporate liability, and significantly larger insurance policies all shape the case from the start. Commercial trucks operate under rules that a passenger vehicle driver never has to follow.
Certain crash patterns show up again and again on the corridors connecting West Kendall to the distribution hubs near Homestead.
- Wide Turn Collisions: A tractor-trailer's turning radius forces it to swing wide, striking vehicles in an adjacent lane.
- Underride And Rear Impact Crashes: A passenger vehicle collides with the rear or side of a truck that stopped or slowed suddenly.
- Blind Spot Collisions: A truck driver changes lanes without seeing a vehicle in one of several large blind zones around the trailer.
- Cargo Shift Or Spill Incidents: Improperly secured cargo shifts during transport, causing the truck to lose control or spill onto the roadway.
Each of these patterns points toward a different combination of driver error, company policy, and mechanical condition, which is why the investigation into a truck accident looks nothing like a standard fender bender review.
Why West Kendall Truck Accident Victims Choose Berger & Hicks, P.A.
Truck accident claims require more than filing an insurance claim and accepting the first offer. They involve commercial insurance policies, trucking companies, federal regulations, and evidence that may become harder to obtain over time.
Berger & Hicks, P.A. represents injured truck accident victims directly, giving clients access to experienced attorneys instead of being passed between case managers or a large intake team.
Martin Berger brings 32 years of legal experience to serious injury cases and holds an AV Preeminent rating. Zachary Hicks brings 21 years of experience and recognition from Super Lawyers.
The attorneys handle truck accident claims by reviewing the facts of the collision, identifying potential sources of liability, and working to preserve important evidence that may affect the outcome of the case.
Together, they help injured drivers, passengers, and families throughout West Kendall, Homestead, and South Miami-Dade pursue claims involving tractor-trailer crashes, delivery truck accidents, and other commercial vehicle collisions.
Experience Handling Complex Truck Accident Claims
Truck accident cases involve more than a collision between two drivers. They require reviewing driver records, company policies, vehicle maintenance information, crash reports, and other evidence related to the cause of the crash.
Berger & Hicks, P.A. applies decades of litigation experience to evaluate these claims, identify responsible parties, and build cases focused on the injuries and losses caused by the collision.
The attorneys work directly with clients to understand how the crash occurred, review available records, and determine what evidence may support the claim.
Spanish-Speaking Legal Support For South Miami-Dade Families
Berger & Hicks, P.A. provides legal guidance in English and Spanish. Spanish-speaking truck accident victims and their families can discuss their concerns directly with the firm and better understand the claims process, available options, and next steps after a serious crash.
Review Your Truck Accident Claim Risk-Free
After a truck accident, injured victims do not have to decide how to move forward without understanding their options. Berger & Hicks, P.A. offers free consultations, advances case-related costs, and charges no fee unless there is a recovery.
Whether your accident involved a tractor-trailer, delivery truck, commercial vehicle, or another large truck, Berger & Hicks, P.A. helps injured victims understand their rights and the steps that may be available.
Call (305) 670-7050 or complete the contact form to schedule a free consultation with a truck accident attorney. There is no fee unless there is a recovery.
Schedule Your ConsultationWhy Do Federal Hours Of Service Rules Matter After A West Kendall Truck Accident?
Federal hours of service rules limit how long a commercial driver may stay on duty, and a violation of these limits often points directly to driver fatigue as a cause of the crash. These regulations, found in 49 CFR Part 395, apply to nearly every commercial truck operating on Florida highways.
The rules set specific caps on driving and duty time.
- 11-Hour Driving Limit: A driver may drive a maximum of 11 hours after 10 consecutive hours off duty.
- 14-Hour Window: A driver cannot drive beyond the 14th consecutive hour after coming on duty.
- 30-Minute Break Requirement: A driver must take a break after 8 consecutive hours of driving.
- 60/70-Hour Weekly Cap: A driver cannot drive after accumulating 60 hours on duty in 7 days or 70 hours in 8 days.
Electronic logging devices track this data automatically, and any edit to a driver's log gets flagged with the editor's identity and the reason for the change. A pattern of edited or manipulated logs frequently signals that a driver or carrier pushed past these limits before the crash.
Who Can Be Held Liable For a Commercial Truck Accident In Florida?
More than one party may share liability for a Florida truck accident, since the trucking company, not just the driver, generally answers for a driver's negligence while on the job. This principle, known as vicarious liability, gives injured people access to a company's resources rather than just the driver's personal assets.
Liability in these cases frequently extends beyond the person behind the wheel.
- The Truck Driver: Direct negligence such as speeding, distraction, or fatigue while operating the vehicle.
- The Trucking Company: Vicarious liability for the driver's conduct, plus direct liability for negligent hiring or negligent supervision.
- The Maintenance Provider: A separate company responsible for inspecting or repairing the truck may bear liability for a mechanical failure.
- The Cargo Loading Company: A third party responsible for securing cargo may face liability when improperly loaded freight causes a crash.
Identifying every liable party early protects an injured person's ability to reach the full range of insurance coverage connected to the crash, rather than settling for whatever the driver's personal policy alone provides.
Why Does Evidence Disappear Quickly After A Truck Accident?
Evidence from a truck accident may become unavailable over time because trucking companies use retention schedules for records such as electronic logs, dashcam footage, and maintenance information. A formal preservation letter requests that important evidence be protected before it is lost or overwritten.
Martin Berger brings 32 years of trial experience and an AV Preeminent rating to these cases, and Zachary Hicks brings 21 years of experience and a Super Lawyers recognition. Both attorneys send preservation letters to trucking companies early to help protect evidence that may be important to establishing liability.
Several categories of evidence require this kind of prompt action.
- Electronic Logging Device Data: Duty status, engine hours, and location records tied to the truck's onboard system.
- Dispatch And Trip Records: Communications between the driver and the company regarding scheduling and delivery deadlines.
- Dashcam And Telematics Footage: Video and sensor data that many commercial fleets record and routinely delete after a set retention period.
- Driver Qualification And Drug Testing Files: Records showing the driver's training, licensing history, and post-crash testing results.
Waiting even a few weeks to request this material often means it no longer exists, which turns a strong liability case into a much harder one built on secondhand accounts instead of company records.
How Much Insurance Coverage Does A Commercial Truck Carry?
Commercial trucks hauling general freight generally carry a federal minimum of $750,000 in liability coverage under 49 CFR Section 387.9, a figure set in 1980 and never adjusted for inflation. Trucks hauling hazardous materials carry a higher federal minimum of $5 million.
That $750,000 figure sounds substantial next to Florida's standard auto insurance minimums, but severe truck accident injuries such as spinal damage or traumatic brain injury frequently produce costs that exceed it. Many trucking companies carry additional excess or umbrella coverage layered on top of the federal minimum specifically because of this gap.
Reviewing a carrier's full insurance structure, not just the primary policy, often reveals coverage that would otherwise go unclaimed in a serious injury case.
How Long Do You Have To File a Truck Accident Claim In Florida?
Florida law generally gives an injured person two years from the date of the crash to file a negligence-based truck accident lawsuit under the current statute of limitations in Florida Statute 95.11. The applicable deadline depends on the type of claim and when the cause of action accrued.
Florida also applies a modified comparative negligence rule under Florida Statute 768.81. A person found more than 50 percent at fault for the crash cannot recover damages, which makes an accurate account of fault, supported by evidence such as ELD data and crash records, important when pursuing a claim.
How Do Trucking Companies And Their Insurers Respond To Claims?
Trucking companies and their insurers typically deploy a rapid response team to a crash scene within hours, long before an injured person has any legal representation of their own. This team's job is limiting the company's exposure before the full facts come out.
Certain tactics show up consistently once a trucking company's insurer gets involved.
- Early Scene Investigation: Sending investigators and adjusters to the crash site before the injured person has retained an attorney.
- Disputing Employment Status: Arguing the driver was an independent contractor rather than an employee to avoid vicarious liability.
- Blaming Mechanical Failure: Attributing the crash to a third-party parts manufacturer rather than the driver or company's own conduct.
- Offering A Fast Settlement: Proposing a quick payout before the full extent of injuries or lost earning capacity becomes clear.
None of these responses reflect a final determination of fault. They reflect a coordinated effort to control the narrative before an injured person has the resources to challenge it.
Ask Berger & Hicks, P.A.
Q: The truck driver who hit me says he wasn't technically an employee of the company. Does that matter?
A: Maybe, since trucking companies sometimes classify drivers as independent contractors specifically to limit vicarious liability. The actual working relationship, not just the paperwork label, generally determines whether the company still bears responsibility.
Q: How quickly do I need to act to get the truck's black box data?
A: Quickly, since electronic logging devices and telematics data often get overwritten on a routine schedule within weeks of the crash. A preservation letter sent promptly stops that data from disappearing.
Q: Can I still file a claim if the truck was owned by one company but leased to another?
A: Yes, you can still pursue a claim against both the owner and the lessee, since Florida law may hold either party responsible depending on who controlled the truck's operation at the time. Reviewing the lease agreement clarifies which company bears responsibility.
Q: What if the police report blames me for the crash?
A: A police report is not the final word on fault in a civil claim. Independent evidence such as ELD data, dashcam footage, and witness statements may support a different account of how the crash actually happened.
FAQ For West Kendall Truck Accident Lawyers
Do I need a different lawyer for a truck accident than I would for a regular car accident?
Yes, truck accident claims generally require attorneys familiar with federal trucking regulations and multi-party corporate liability that a standard car accident case does not involve. The evidence, insurance layers, and legal theories differ substantially from a typical two-vehicle collision.
Can I sue the trucking company directly, or only the driver?
Yes, you can generally sue the trucking company directly under vicarious liability for the driver's negligence, along with any direct negligence by the company itself. This often provides access to far larger insurance coverage than the driver's personal policy alone.
What if the truck accident happened because of a defective part, not driver error?
Yes, you could pursue a separate product liability claim against the parts manufacturer if a defective component caused or contributed to the crash. This claim can proceed alongside a negligence claim against the driver and trucking company.
Does it matter if the truck was crossing state lines at the time of the crash?
Yes, interstate trucking triggers federal FMCSA regulations that intrastate-only trucking may not, which affects hours of service compliance, driver qualification requirements, and insurance minimums. Confirming the truck's operating status helps identify which regulations actually apply.
How is a truck accident settlement calculated differently than a car accident settlement?
Truck accident settlements account for a broader range of damages and a larger pool of available insurance, given the severity of injuries these crashes tend to cause. The presence of multiple liable parties also affects how a settlement gets allocated among the parties involved.
See What Insurance Layers Apply To Your West Kendall Truck Accident
A trucking company's insurance rarely stops at the number printed on its federal filing, and finding every applicable layer takes someone who knows where to look. Martin Berger and Zachary Hicks review the full picture directly with every new client. Your consultation is free.
Call Berger & Hicks, P.A. at (305) 670-7050, submit the contact form on this page, or visit the firm at 9700 South Dixie Highway, Suite 850, Miami, FL 33156 to find out what coverage applies to your crash.
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