Coral Gables Truck Accident Lawyer
At Spencer Morgan Law, our Coral Gables truck accident lawyer has the tools and tenacity to take on big companies and obtain maximum compensation for your serious injuries.
Our legal tools include tangible and intangible tools. We make the most of our available resources so we can take on large companies, much like David only needed five smooth stones to take out Goliath. David also had right on his side, and that makes a big difference as well. Our team is also very experienced. Nothing surprises us and we are ready for anything.
Furthermore, our tenacious lawyers never look for an easy way out or a quick settlement. Instead, we take the time to thoroughly prepare your case. The extra effort we expend in the beginning almost always means a much happier ending. So, when you partner with us, your case might take a little longer to resolve. The reward makes the wait worthwhile.
First Party Liability and Coral Gables Truck Accident Lawyers
Because they are professional drivers, truck drivers and other commercial operators have a higher duty of care than noncommercial motorists in Florida.
Truck drivers and other commercial operators have a duty of utmost care in Florida. These operators must affirmatively avoid accidents. For example, when it rains, noncommercial drivers must slow down and adjust to this adverse condition. Truck drivers and other commercial operators must stop until the rain stops or lets up.
The higher duty of care makes it easier for a Coral Gables truck accident lawyer to prove negligence, or a lack of care. In one way or another , truck driver negligence usually involves the strict time schedules these drivers must keep.
To meet their deadlines, truckers often stay on the road during adverse weather conditions. Such operation clearly violates their duty of care. Other drivers stay behind the wheel too long. Driving after eighteen consecutive awake hours is like driving with a .05 BAC level. That’s above the legal limit for truck drivers in Florida. Sometimes, to counteract the effects of fatigue, truck drivers use amphetamines or other drugs which are addictive, are at best a partial solution, and are a temporary fix.
Amphetamines are highly addictive. Users continually need higher doses to get the same effect. Higher doses mean more powerful side effects, like impaired judgment. These drugs often help drivers feel more alert for a little while. But they don’t address the underlying effects of fatigue, like slow motor skills. Finally, when these drugs wear off, users crash fast and hard.
Third Party Liability
Truckers are individually responsible for the wrecks they cause. The shipping or transportation company that owned the truck is financially responsible for damages, at least in most cases. The respondeat superior rule applies if the tortfeasor (negligent driver) was:
- An Employee: Most truck drivers are owner-operators or other non-employees for most purposes. But for negligence purposes, truck drivers are usually employees.
- Working in the Course and Scope of Employment: Any act that benefits the employer in any way, even something like driving an empty truck to a garage, is within the course and scope of employment.
Truck accidents often cause catastrophic injuries. Vicarious liability gives victims access to additional recovery sources, so they can pay the enormous medical and other bills associated with such severe injuries.
Reach Out to a Detail-Oriented Miami-Dade County Lawyer
Injury victims are entitled to substantial compensation. For a free consultation with an experienced Coral Gables truck accident lawyer, contact Spencer G. Morgan, Attorney at Law. Virtual, home, and hospital visits are available.