Proving Negligence In A Miami Truck Accident Lawsuit (2025)

Negligence in Miami Truck Accident Cases: An Overview

Proving negligence in a Miami truck accident lawsuit requires establishing that the other party failed to act as a reasonable person would have. Florida has modified comparative negligence laws, which allow you to bear some fault in the collision as long as you don’t hold more than 50% of the liability.

Elements to Prove Negligence in a Miami Truck Accident

To succeed in your claim, you’ll need to prove the different elements that make up the legal concept of negligence. Generally, this means showing that the other party owed you a duty of care and that they breached it, resulting in injuries for which you can be compensated.

Causes and Types of Negligence in Truck Crashes

Negligence in a Miami truck accident lawsuit can include driver errors, like speeding, distracted driving, intoxication and fatigued driving. But product liability issues could also be at play if a truck part malfunctions.

Trucking company negligence could be to blame if the company demanded unsustainable work schedules or if they didn’t offer enough training to employees.

Determining Fault and Liable Parties in Miami

Numerous parties can be held liable for truck accidents. The trucker is usually at fault, but the company that employs them could also be responsible because of vicarious liability. Loading companies could share fault if they didn’t secure the cargo or overloaded the truck, and even maintenance teams could be to blame.

Compensation Available in Miami Truck Accident Cases

In truck accident cases, you can receive compensation for your medical expenses, lost wages and pain and suffering. Loss of earning potential damages could apply if you can’t return to work, and if a loved one dies, you can also receive compensation for funerary expenses.

Deadline to File a Miami Truck Accident Lawsuit

In Florida, you generally have two years from the date of the accident to begin a claim. There could be exceptions to this deadline, however, so it’s essential that you speak with an attorney.

How a Miami Truck Accident Lawyer Can Help

If you have suffered losses in a truck accident, a Miami lawyer can assist you in gathering evidence, proving negligence and negotiating with insurance companies. At ConsumerShield, we can put you in contact with leading lawyers in your area. Fill out our form to get started today.