Who’s Liable in a Miami Trucking Accident – The Driver, Company, or Both?
Determining liability in a Miami trucking accident is rarely a simple task. Unlike typical car collisions, these crashes involve multiple layers of responsibility that can point to the truck driver, the trucking company, or even additional parties. Identifying who’s at fault is critical to securing the compensation you deserve for injuries, property damage, and emotional distress. The experienced team at PWD Law Firm, based in Miami, specializes in unraveling this complexity to hold the right parties accountable. Here’s how liability breaks down in these high-stakes cases.
The Truck Driver’s Role
The truck driver is often the first focus of a liability investigation. Miami’s busy roads—like I-95, the Palmetto Expressway, and U.S. 1—see their share of reckless driving. If a driver was speeding, texting, or under the influence of drugs or alcohol, their negligence could make them personally liable. Federal regulations, enforced by the Federal Motor Carrier Safety Administration (FMCSA), cap drivers at 11 hours of driving after a mandatory 10-hour break. Yet fatigue remains a leading cause of truck accidents. If a driver violates these hours-of-service rules or disregards traffic laws, they become a prime target for blame. At PWD Law Firm, we dig into driver logs and witness accounts to expose such failures.
The Trucking Company’s Responsibility
The driver isn’t always the full story—trucking companies often share or bear sole responsibility. Under the legal doctrine of respondeat superior, employers are liable for their employees’ actions during work hours. If the driver was on the job at the time of the crash, the company could be on the hook. But liability doesn’t stop there. Companies face direct accountability if they cut corners, such as hiring unqualified drivers without proper licensing, neglecting truck maintenance, or enforcing grueling delivery schedules that push drivers beyond safe limits. For instance, if a truck’s brakes fail on I-95 due to skipped inspections, the company’s negligence could be the root cause. PWD Law Firm investigates maintenance records and employment practices to uncover these lapses.
Beyond the Driver and Company
Liability can extend beyond the driver and their employer. Third parties, like cargo loaders, might be at fault if they improperly secured a load, leading to a dangerous spill on Miami’s highways. Manufacturers could face scrutiny if defective equipment—think faulty tires or malfunctioning brakes—triggered the accident. Even government entities might share blame if poorly maintained roads, such as potholes or faded signage, contributed to the crash. The attorneys at PWD Law Firm cast a wide net, ensuring no responsible party slips through the cracks.
Florida’s Comparative Negligence Twist
Florida’s comparative negligence law adds another layer. If you’re found partially at fault—say, 20% for a lane change—the compensation you receive drops by that percentage. This makes it vital to have a skilled truck accident lawyer in Miami who can minimize your share of blame. Trucking companies often have deep pockets and aggressive legal teams ready to shift responsibility onto you. At PWD Law Firm, we leverage crash reports, witness statements, and electronic logging device (ELD) data—recording speed, braking, and more—to build a rock-solid case that maximizes your recovery.
Why You Need PWD Law Firm
In a Miami trucking accident, liability could rest with the driver, the company, both, or additional parties. Each case is unique, and trucking companies will fight tooth and nail to avoid accountability. The team at PWD Law Firm has the expertise to navigate federal regulations, state laws, and Miami’s chaotic roadways to identify all liable parties. Don’t let insurers or corporate lawyers bully you into a lowball settlement. Contact us today at https://www.pwdlawfirm.com/ to protect your rights and secure the justice you deserve in this high-stakes trucking world.