Proving Negligence In A Miami Truck Accident Lawsuit (2026)

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 Florida truck accident claim, you’ll need to prove the 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.

Establishing Causation and Meeting the Burden of Proof

Another critical element of a negligence claim is causation. Under Florida law, the breach must serve as both the cause-in-fact and proximate cause of the truck accident injuries.

Cause-in-fact means that the injuries were a logical and natural result of the breach, while proximate cause means the breach was an act that could foreseeably injure someone.

It’s also important to note that you’ll need to meet a certain burden of proof when it comes to establishing negligence. For these cases, that involves proving your claim by a “preponderance of the evidence,” or more likely than not. This is a much lower standard than criminal law’s “beyond a reasonable doubt.”

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.

The duty of care for negligence will vary according to the party. A breach of the following duties may determine who is liable in a truck accident:

Truck Drivers

Truck drivers, like all drivers, need to comply with traffic laws. They must not speed, tailgate or run red lights. Drivers must also follow rules imposed by the Federal Motor Carrier Safety Administration (FMCSA). For example, the FMCSA requires drivers to inspect their loads whenever they drive three hours or 150 miles, whichever comes first. Drivers must also limit their driving to 11 hours and 14-hour shifts.

If there is no specific law, drivers must exercise reasonable care under the circumstances. For instance, drivers must avoid engaging in any activity that could distract them, even if there is no rule or law against it.

Trucking Companies

The liability for many truck accidents in Florida falls on trucking companies. Companies have vicarious liability for employee negligence, so the liability for most collisions caused by employee truck drivers falls on the employer.

However, even if the driver is an independent contractor rather than an employee, the trucking company may still be liable. Trucking companies must exercise reasonable care when hiring drivers by verifying their qualifications and conducting reasonable background checks. Companies must maintain their vehicles, trailers and tie-downs as well.

Cargo Loaders

If the trucking company loads the cargo, it is responsible for balancing and securing the load. In some cases, though, a third party loads the cargo. In these situations, the loader is responsible for these tasks.

Maintenance Providers

When trucking companies outsource their maintenance and repair work, the service providers have a legal duty to perform these tasks with reasonable competence and care. If they make an unreasonable mistake that leads to a crash, they may be liable to the accident victims.

For example, suppose a maintenance garage over-torqued the lug nuts on a truck’s wheel, breaking the studs. The garage may be liable when the wheel breaks free and causes the truck to roll over.

Manufacturers

Manufacturers can be held liable for negligence. The more common theory used to hold truck and truck part manufacturers liable is strict liability. Manufacturers are strictly liable for injuries caused by product defects that existed when the product left their hands.

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 truck accident 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.