Truck accident
Truck Accident Attorneys in Hialeah, Florida
The firms in this guide
1. Steinger, Greene & Feiner
Practice Focus: Truck accidents, 18-wheeler accidents, semi-truck collisions, commercial vehicle accidents, tractor-trailer crashes, catastrophic injuries, wrongful death, car accidents, motorcycle accidents
Case Types Handled: Driver fatigue accidents, distracted driving accidents, brake failure accidents, overloaded truck accidents, jackknife accidents, rollover accidents, rear-end truck collisions
Legal Services: Federal Motor Carrier Safety Regulations investigation, trucking company negligence claims, driver log analysis, vehicle maintenance record investigation, black box data retrieval, insurance claim negotiation, litigation, trial representation, settlement negotiations, medical expense recovery, lost wage claims, pain and suffering damages, wrongful death claims
Background: South Florida personal injury law firm serving Miami-Dade County including Hialeah. Extensive experience handling serious truck accident cases throughout Florida.
Location: Serves Hialeah, FL and South Florida
Contact: Contact firm for consultation
Consultation: Free consultation available
2. Schilling & Silvers Property and Accident Attorneys
Practice Focus: Truck accidents, commercial vehicle accidents, 18-wheeler crashes, tractor-trailer accidents, car accidents, motorcycle accidents, wrongful death, personal injury
Case Types Handled: Driver negligence accidents, trucking company negligence, mechanical failure accidents, fatigued driver accidents, distracted driving accidents
Legal Services: Accident investigation, evidence gathering, federal trucking regulations analysis, insurance claim negotiation, litigation, trial representation, settlement negotiations, medical expense recovery, lost wage claims, pain and suffering damages, wrongful death claims
Background: Florida personal injury law firm serving the Miami area including Hialeah. Handle truck accident cases throughout South Florida.
Location: Serves Hialeah, FL
Contact: Contact firm for consultation
Consultation: Free case evaluation
3. Lipcon, Margulies & Winkleman, P.A.
Practice Focus: Truck accidents, semi-truck collisions, commercial vehicle accidents, 18-wheeler crashes, catastrophic injuries, wrongful death, personal injury, maritime injuries
Case Types Handled: Driver fatigue accidents, hours of service violations, mechanical failure accidents, brake failure accidents, overloaded truck accidents
Legal Services: Federal trucking regulations investigation, driver log analysis, vehicle maintenance record review, insurance claim negotiation, litigation, trial representation, settlement negotiations, medical expense recovery, lost wage claims, pain and suffering damages, wrongful death claims
Background: Miami-based law firm serving South Florida including Hialeah. Handle complex personal injury and truck accident cases.
Location: Serves Hialeah, FL (Miami based)
Contact: Contact firm for consultation
Consultation: Free consultation available
4. Morgan & Morgan
Practice Focus: Truck accidents, semi-truck accidents, 18-wheeler accidents, commercial vehicle accidents, catastrophic injuries, wrongful death, personal injury
Case Types Handled: Driver fatigue accidents, distracted driving accidents, mechanical failure accidents, improper cargo loading accidents, brake failure accidents
Legal Services: Trucking company negligence investigation, federal trucking regulations analysis, driver log review, insurance claim negotiation, litigation, trial representation, settlement negotiations, medical expense recovery, lost wages, pain and suffering claims, wrongful death claims
Background: Large national personal injury firm with extensive Florida presence. Handle truck accident cases throughout the state including Miami-Dade County and Hialeah.
Location: Serves Hialeah, FL (offices throughout Florida)
Contact: Contact firm for consultation
Consultation: Free consultation, contingency fee basis
5. Neufeld, Kleinberg & Pinkiert, PA
Practice Focus: Truck accidents, tractor-trailer accidents, commercial vehicle accidents, 18-wheeler crashes, catastrophic injuries, wrongful death, car accidents, personal injury
Case Types Handled: Driver negligence accidents, trucking company negligence, fatigued driver accidents, distracted driving accidents, mechanical failure accidents
Legal Services: Federal Motor Carrier Safety Administration investigation, evidence gathering, driver log analysis, insurance claim negotiation, litigation, trial representation, settlement negotiations, medical expense recovery, lost wage claims, pain and suffering damages, wrongful death claims
Background: Miami personal injury firm serving South Florida including Hialeah. Experience with complex trucking litigation.
Location: Serves Hialeah, FL
Contact: Contact firm for consultation
Consultation: Free case evaluation
Weekly Hours, Accident Records and Public Claims in Hialeah Truck Crash Cases
A Hialeah truck crash claim can look back over the driver’s past week of hours and the carrier’s accident and inspection records. If a public vehicle or road was involved, Florida’s sovereign immunity statute sets caps and its own claim steps.
Weekly Hours
Under 49 CFR 395.3(b), a property-carrying driver may not drive after 60 hours on duty in 7 consecutive days if the carrier does not operate every day, or after 70 hours in 8 consecutive days if it does; 395.3(c) allows a restart after 34 or more consecutive hours off duty.
Accident Records and Inspection
Under 49 CFR 390.5, an accident is a commercial motor vehicle occurrence resulting in a fatality, an injury treated immediately away from the scene, or disabling tow-away damage, and under 390.15(b) the carrier keeps an accident register for 3 years. Under 396.17, each commercial motor vehicle, including each unit of a combination, must have passed a periodic inspection within the preceding 12 months.
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); if the alcohol test is not given within 2 hours the carrier records why.
A Public Vehicle or Road
Under Florida Statutes 768.28(5)(a), public entities are liable as private persons would be, without punitive damages or prejudgment interest, up to $200,000 per person and $300,000 per incident absent further legislative act. The written claim is due within 3 years after accrual under (6)(a), and suit within 4 years under (14).
Hialeah Truck Accident Questions
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 $150,000 in damages and 35 percent of the fault on the injured driver: the recovery would be $97,500.
How long do I have to sue the carrier?
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.
Who brings the claim when a truck crash is fatal?
The personal representative, for the survivors and the estate, under Florida Statutes 768.20; section 768.21 lists the survivors’ and estate’s recoverable damages.