Truck accident
Truck Accident Attorneys in Miami, Florida
The firms in this guide
1. Gerson & Schwartz, P.A.
Practice Focus: Truck accidents, 18-wheeler collisions, semi-truck crashes, commercial vehicle accidents, catastrophic injury litigation, wrongful death claims from trucking incidents
Case Types Handled: Tractor-trailer accidents, delivery truck collisions, cargo vehicle crashes, driver fatigue accidents, distracted driving incidents, mechanical failure crashes, brake failure accidents, tire blowout incidents, hazardous material trucking accidents
Legal Services: Accident investigation, evidence preservation, federal trucking regulation compliance analysis, driver qualification file review, hours of service violation investigation, insurance claim negotiations, litigation, trial representation, settlement negotiations, wrongful death claims
Background: Gerson & Schwartz, P.A. has over 50 years of experience in personal injury law. The firm focuses on representing accident victims in South Florida and has developed experience handling complex trucking cases involving federal motor carrier regulations.
Location: Miami, FL
Contact: (305) 371-6000 | https://www.gslawusa.com
Consultation: Free consultations available; contingency fee arrangements
2. Hickey Law Firm, P.A.
Practice Focus: Truck accidents, car accidents, bus accidents, Uber accidents, boat and cruise ship accidents, wrongful death
Case Types Handled: Truck accidents, car accidents, bus accidents, rideshare accidents, bicycle accidents, brain and burn injuries, maritime and cruise ship injuries, wrongful death
Legal Services: Free case review, accident and injury trial work, representation in Spanish, Portuguese and French
Background: Hickey Law Firm is a Miami accident and injury trial firm led by John H. (Jack) Hickey, who is board certified by The Florida Bar in civil trial and in admiralty and maritime law. The firm’s site states that he represented cruise lines and marine insurance companies for the first 20 years of his career.
Location: 12150 SW 128th Ct, Suite 225, Miami, FL 33186
Contact: 305.371.8000 | https://www.hickeylawfirm.com/
Consultation: Free consultation, no fee unless the firm wins
3. Wolf & Pravato
Practice Focus: Truck accidents, car accidents, motorcycle accidents, pedestrian and bicycle accidents, e-bike accidents, wrongful death
Case Types Handled: Truck accidents, car accidents, motorcycle accidents, pedestrian, bicycle and e-bike accidents, wrongful death
Legal Services: Free case evaluation, personal injury claims filed in the Miami-Dade County Courthouse, contingency fee representation
Background: Wolf & Pravato is a South Florida personal injury firm founded in 1993 with five offices, including a Miami office on Brickell Avenue. Partner Richard Pravato has been board certified in civil trial law since 2004.
Location: 1111 Brickell Avenue, 11th Floor, Miami, FL 33131
Contact: 954-522-5800 | https://wolfandpravato.com/florida/hialeah/
Consultation: Free consultation; the client pays nothing unless the firm wins
4. Lipcon Law Firm
Practice Focus: Truck accidents, 18-wheeler crashes, commercial vehicle collisions, semi-truck accidents, catastrophic injury litigation, wrongful death from trucking incidents
Case Types Handled: Tractor-trailer accidents, delivery truck collisions, commercial fleet crashes, driver negligence incidents, trucking company liability cases, intersection truck accidents, highway trucking collisions
Legal Services: Case investigation, evidence gathering and preservation, federal regulation compliance analysis, insurance negotiations, litigation, trial representation, settlement negotiations, medical treatment coordination, lost wage recovery
Background: Lipcon Law Firm is a Miami-based personal injury practice handling trucking accident cases in South Florida. The firm has experience with complex litigation involving commercial vehicle accidents and federal trucking regulations.
Location: Miami, FL
Contact: Contact through website | https://www.lipcon.com
Consultation: Free case evaluations
5. Ben Crump Law, PLLC
Practice Focus: Truck accidents, commercial vehicle collisions, 18-wheeler crashes, semi-truck accidents, catastrophic injuries, wrongful death from trucking incidents
Case Types Handled: Large truck collisions, tractor-trailer accidents, delivery vehicle crashes, commercial fleet incidents, driver fatigue cases, trucking regulation violation cases, wrongful death claims
Legal Services: Comprehensive accident investigation, evidence preservation, federal trucking regulation analysis, driver qualification review, insurance claim negotiations, litigation, trial representation, settlement negotiations, wrongful death claims
Background: Ben Crump Law, PLLC is a national civil rights and personal injury firm with offices serving Florida. The firm handles complex truck accident cases and has resources for litigation against large trucking companies and their insurers.
Location: Serves Miami, FL (national firm)
Contact: (844) 430-1030 | https://bencrump.com
Consultation: Free consultations available
Federal Carrier Rules, Florida Deadlines and Damages Limits for Miami Truck Crashes
A Miami truck crash claim draws on federal rules for interstate carriers and on Florida’s two-year negligence deadline, its 50 percent fault bar and its punitive damages limits.
Which Trucks the Federal Rules Reach
Under 49 CFR 390.5, a commercial motor vehicle includes a vehicle used on a highway in interstate commerce with a gross vehicle weight rating or gross combination weight rating, or actual gross weight, of 10,001 pounds or more, whichever is greater, along with passenger and hazardous materials thresholds.
Carrier Coverage and Driving Limits
Under 49 CFR 387.9, a for-hire carrier hauling nonhazardous property in interstate or foreign commerce in a vehicle rated 10,001 pounds or more must carry at least $750,000, and 387.7 bars operating until that coverage is in effect. Except as otherwise provided in 395.1, 49 CFR 395.3(a) limits a property-carrying driver to 11 hours of driving after 10 consecutive hours off duty and bars driving after the 14th consecutive hour on duty.
Post-Crash Testing
Under 49 CFR 382.303, a fatal crash requires alcohol and drug testing of the surviving driver, and an injury or tow-away crash requires it when the commercial driver is cited for a moving violation arising from the crash within 8 hours (alcohol) or 32 hours (drugs); alcohol testing attempts stop at 8 hours and drug testing attempts at 32 hours.
Punitive Damages Limits
Florida Statutes 768.73(1) limits punitive damages to the greater of three times compensatory damages or $500,000, rises to four times or $2 million where the conduct was motivated solely by unreasonable financial gain and its unreasonably dangerous nature and high likelihood of injury were actually known by a managing agent, director, officer or other policy maker, and sets no cap where there was a specific intent to harm.
Miami Truck Accident Questions
How long do I have to sue?
Two years under Florida Statutes 95.11(5)(a) for an action founded on negligence, and two years under 95.11(5)(e) for wrongful death. When a public entity’s truck is involved, 768.28(5)(a) limits recovery to $200,000 per person and $300,000 per incident, and (6)(a) requires a written injury claim within 3 years.
Can I recover if I was partly at fault?
Yes, unless your share is greater than 50 percent under Florida Statutes 768.81(6). For example, imagine $300,000 in damages and 30 percent of the fault on the injured driver: the recovery would be $210,000.
Is each defendant liable for the whole judgment?
No. Under Florida Statutes 768.81(3), judgment is entered against each party on the basis of that party’s percentage of fault, and a defendant must plead and prove any nonparty fault.