Miami Truck Accident Attorney

If you were hurt in a truck crash on US-1, I-95, or any of Miami’s congested highways, it’s critical to speak with a Miami truck accident lawyer right away.

Truck accidents are far more complex than car crashes, often causing serious or life-changing injuries. You may be entitled to compensation for your injuries, medical bills, and other losses.

At Steinger, Greene & Feiner, we know how to navigate both Miami’s roads and its laws, fighting to secure the maximum compensation and justice you deserve. Get your free case consultation today

Why Are Truck Accidents So Severe?

While commercial truck accidents make up a smaller percentage of overall traffic incidents in Miami, their consequences are often far more severe. Nationally, truck accidents accounted for 9% of all fatal crashes in 2022, and for 5% of all injury and property-damage MV crashes, despite trucks making up only 4% of registered vehicles according to NHTSA Report. In Florida, there were over 32,000 commercial vehicle accidents in 2023, with truck-related fatalities rising by 13% from 2022 to 2024 according to Florida Department of Highway Safety and Motor Vehicles.

The disparity in vehicle size contributes significantly to the severity of these accidents. According to the Federal Motor Carrier Safety Administration (FMCSA), fully loaded commercial vehicles can weigh up to 80,000 pounds – 20x the weight of the average passenger vehicle. This substantial weight difference is a key factor in the often devastating outcomes of truck-passenger vehicle collisions. Survivors of these incidents frequently sustain severe or permanent disabilities.

Because these accidents cause extensive harm, claims often involve higher compensation amounts, multiple layers of liability, and the need for legal representation.

What to Do After a Truck Accident

Your safety is the top priority after a truck accident.

1. Call 911 or the Miami Police Department immediately.
   Even if the crash seems minor, a police report is critical for insurance and legal purposes. Emergency responders will also evaluate injuries and ensure everyone receives medical attention.
2. Seek medical treatment right away.
   Some injuries, like whiplash or internal bleeding, aren’t immediately visible. Getting examined creates a medical record linking your injuries to the accident, which becomes essential for your claim.
3. Document everything at the scene.
   • Use your phone to:
   • Photograph all vehicles, license plates, and visible damage
   • Record witness names and statements
   • Capture weather and road conditions
   • Take pictures of injuries as soon as possible
   • Exchange insurance and contact details with other drivers involved, but avoid any discussion of fault.
4. Do not admit fault or post about the crash online.
   Anything you say, or share on social media, could later be used against you by insurers or defense attorneys.
5. Contact a trusted Miami truck accident lawyer immediately.
   Truck crashes often involve multiple insurance policies, commercial carriers, and federal regulations. An attorney can preserve critical evidence such as black box data, driver logs, and traffic camera footage before it’s lost or altered.

At Steinger, Greene & Feiner, our legal team acts quickly to gather this evidence, communicate with insurers on your behalf, and protect your rights from the start of your claim.

Common Causes of Truck Accidents

While human error is a factor in almost any type of accident, certain aspects of the trucking industry contribute to increased risk, making large truck crashes especially dangerous. Common causes of truck accidents in Miami include:

• Driver Fatigue and Hours of Service (HOS) Violations: The pressure on truck drivers to meet deadlines often leads to extended driving hours, compromising safety despite federal regulations mandating rest breaks.
• Distracted or Impaired Driving: Long hours on the road can lead to texting, using navigation apps, or even substance use—any of which can delay reaction time and lead to fatal mistakes.
• Impaired Driving: The use of substances to combat fatigue, including prescription, over-the-counter, or illicit drugs, can impair decision-making and response times.
• Equipment Malfunctions: Inadequate vehicle inspections or failure to address mechanical issues can lead to accidents. In cases of defective equipment—components like tires, brakes, and lights – manufacturers may be held liable for the accident.
• Speeding and Reckless Driving: Especially given the size and weight of commercial trucks, speeding makes it harder to stop suddenly and increases the risk of accidents.
• Poor Weather Conditions: Inclement weather makes the road more slippery than normal and reduces visibility, further increasing the risk of accidents.
• Oversize Truck Load: When a truck carries an oversize load without the proper permits, precautions, or securing mechanisms, it can increase the risk of accidents. Such loads can affect the truck’s stability, braking distance, and maneuverability, especially when traveling on narrow or congested roads, making accidents more likely.
• Inexperienced or Inadequately Trained Drivers: Inexperienced or inadequately trained truck drivers pose a significant risk on the road, as handling a large commercial vehicle requires specific skills and knowledge. Poor training can lead to errors in judgment, improper vehicle handling, and failure to follow safety protocols.

Common Injuries After a Truck Accident

Because of the sheer size of semi-trucks, accidents with these vehicles often result in severe, and sometimes fatal, injuries. These injuries can take a lifetime to recover from. Some of the most common truck accident injuries include:

• Spinal cord injuries: Spinal cord injuries can occur because your body was thrown around in the wreck, the spinal cord was crushed, or for other reasons. Spinal cord injuries often cause temporary or permanent paralysis or death.
• Back and neck injuries: Besides the spinal cord, the muscles, tendons and ligaments in your back and neck can cause serious issues. One of the most common back or neck injuries is whiplash, which can have long-lasting effects.
• Head injuries: Head injuries and traumatic brain injury (TBI) can range from mild to severe. Even mild TBIs can have a serious impact on your quality of life, and serious ones can be fatal.
• Broken bones: Because our bodies aren’t designed to withstand the impact of an accident, broken bones in the face, ribs, arms and legs are common. Broken ribs can also lead to organ punctures or lacerations.
• Wrongful death: In far too many cases, truck accidents result in fatalities. If the truck driver is at fault for the accident, they may be held liable for wrongful death damages, such as medical bills, funeral expenses and more.

Types of Truck Accidents

Because of our long history working with accident victims and our track record of success, we’ve seen almost every type of accident imaginable.

Some of the most common types of truck accidents include:

Rear-End Collisions: Often caused by factors such as distracted driving, fatigue, or brake system issues, rear-end collisions are typically intensified by the size and weight of commercial 18-wheeler trucks.

Jackknife Accidents: Because of their resemblance to a folding knife, jackknife accidents occur when a trailer folds towards the truck cab, typically due to loss of traction. These can be triggered by adverse weather, improper braking, or sudden maneuvers, posing significant risks on busy highways.

Rollover Incidents: When a truck rolls over, it’s usually due to factors like excessive speed, overloading, or abrupt steering maneuvers. These types of accidents can be potentially catastrophic.

Underride Collisions: Underride collisions occur when smaller vehicles become wedged beneath a truck’s rear or side. Often resulting in severe injuries or fatalities, these accidents can be exacerbated by inadequate truck safety features.

Blind Spot Accidents: Because of their size, trucks have substantial blind spots in which smaller vehicles may not be visible. Blind spot accidents frequently occur during lane changes or turns, particularly when vehicles linger in these areas.

Each of these accident types requires detailed reconstruction, expert testimony, and access to driver and vehicle data. Our trucking accident lawyers make sure every possible evidence is collected.

Truck Accident Laws and Regulations in Florida

Truck accident cases in Miami are governed by both federal and state laws. These regulations help establish fault and ensure trucking companies maintain safety standards:

• FMCSA Regulations:
  Federal laws limit hours of service, mandate ELD (Electronic Logging Device) use to track driving time, and require regular maintenance checks.
• Florida Statute & 316.550:
  Governs weight limits and permits for oversized loads. Failure to comply can result in heavy liability after an accident.
• Florida Statute Modified Comparative Negligence:
  You may still recover damages if you are less than 50% at fault. However, your compensation is reduced by your degree of fault.
• Statute of Limitations:
  Truck accident injury claims must be filed within two years of the crash. Wrongful death claims also have a two-year deadline.

These regulations, paired with strict oversight of federal and state trucking laws, make it crucial to consult with a Miami truck accident attorney to ensure all avenues of liability are pursued and victims receive maximum compensation for their injuries.

Understanding Liability in Truck Accident Cases

Since multiple parties may bear responsibility in truck accidents, establishing liability is a particularly complicated and delicate process. Even if the injured party is partially at fault, they may still be eligible for a case. 

Key parties that may be held liable include:

1. Truck Driver: Responsible for negligence, errors, or regulatory violations.
2. Trucking Company: Liable for inadequate driver screening, training, vehicle maintenance, or forcing drivers to exceed legal hours, potentially contributing to the accident. Under U.S. law, companies are often held accountable through vicarious liability when their employees act negligently within the scope of their duties.
3. Shipping Company: May be at fault for improper cargo loading or imposing unreasonable deadlines.
4. Broker: Can be held responsible for non-compliance with federal regulations or providing false information.
5. Truck Manufacturer: Liable for faulty parts or failure to address known issues.
6. Maintenance Providers: For negligent inspection or repair work.
7. Third-Party Drivers: May share responsibility if involved in the accident.

Other potential liable parties include:

• Truck Owner (responsible for maintenance): If the truck is privately owned, the owner is accountable for ensuring regular maintenance and safety inspections.
• Highway Designers: Liable if road design defects or poor signage contributed to the accident, particularly in cases involving hazardous intersections or dangerous road conditions.

Employee vs. Independent Contractor and Vicarious Liability

Determining a truck driver’s employment status is a key factor in identifying who can be held responsible for your accident.

• Company Employees:
  When a truck driver is employed by a trucking company, the company is generally liable for their negligence under the legal principle of respondeat superior (a form of vicarious liability). This means the employer is responsible for negligent actions the driver commits while performing work duties—even if the employer wasn’t directly involved in the crash.
• Independent Contractors:
  Trucking companies sometimes claim that drivers are independent contractors to avoid financial responsibility. However, this defense often fails if the company exercises significant control over the driver’s schedule, assigned routes, or cargo. In these cases, the company can still be held accountable under vicarious liability principles.
• Misclassification Penalties:
  In Florida, intentionally misclassifying drivers as independent contractors to evade liability or reduce insurance costs is a felony offense.

In short, vicarious liability ensures that companies cannot simply shift blame onto drivers when the driver’s actions were performed within the scope of their employment. Your Miami truck accident lawyer will investigate the driver’s employment status, company contracts, and control structures to determine whether the trucking company, or other parties, should be held financially responsible for your injuries.

Proving Negligence in a Truck Accident Case

To win a truck accident case in Florida, your attorney must establish the four legal elements of negligence:

1. Duty of Care: The truck driver and company had an obligation to drive and operate safely.
2. Breach of Duty: They violated traffic laws or safety standards.
3. Causation: The breach directly caused your injuries.
4. Damages: You suffered physical, emotional, or financial losses.

Attorneys use evidence such as:

• Black box data showing speed, braking, and hours of service
• Maintenance logs proving neglect
• Eyewitness accounts and expert analysis
• Police and medical reports

When FMCSA or Florida trucking laws are violated, it strengthens the argument for negligence and increases your chances of maximum compensation.

However, prompt action is crucial to preserve evidence and build a strong case. Savvy truck wreck attorneys will help you gather this evidence while it’s still fresh, things like logbooks, traffic images and video, black box data, and eyewitness accounts.

Given the complexity of truck accident cases and the potential for multiple liability, consult with an experienced MV accident attorney like Steinger, Greene & Feiner as soon as possible to protect your rights and pursue fair compensation.

Compensation for Truck Accident Victims

In Florida, under the modified comparative negligence system, compensation is prorated based on fault. For example, if you are found 20% responsible for the accident, your total compensation will be reduced by 20%.

Compensation for truck accident victims is divided into two main categories:

Economic Damages

These cover measurable financial losses, including medical bills, lost wages, property damage, and any other out-of-pocket expenses related to the accident.

Non-Economic Damages

These compensate for intangible losses, such as pain and suffering, mental anguish, and permanent disabilities or impairments.

In cases of fatal truck accidents, surviving family members may file a wrongful death claim to recover compensation for medical expenses, funeral costs, and loss of companionship.

At Steinger, Greene & Feiner, we understand the tactics that insurance companies use to minimize payouts and maximize their profits. If necessary, we will go a step further and represent your case in court, working tirelessly to ensure you receive fair compensation for economic and non-economic damages.

Truck Accident Claim Process and Timeline

Filing a truck accident claim in Miami involves several key stages. Each step is crucial to building a strong case and ensuring you receive the compensation you deserve.

1. Evidence Collection:
   Your attorney begins by gathering and preserving all critical evidence, including police and crash reports, Electronic Logging Device (ELD) data, medical records, witness statements, and video footage. This information helps establish liability and the extent of your damages.
2. Insurance Negotiation:
   Once your case is supported by solid evidence, your lawyer negotiates directly with the insurance company. The goal is to secure a fair settlement that fully compensates you for medical expenses, property damage, lost wages, and pain and suffering, while protecting you from lowball offers or delay tactics often used by insurers.
3. Litigation (If Necessary):
   If the insurer denies or undervalues your claim, your attorney will file a lawsuit and take your case to court. This step involves presenting the evidence before a judge or jury, proving negligence, and pursuing full compensation for your losses.
4. Trial and Judgment:
   During trial, your legal team presents witness testimony, expert reports, and physical evidence to demonstrate fault and damages. The court then determines liability and awards appropriate compensation.

Throughout every stage of this process, our team handles all communications, filings, and negotiations, so you can focus on your health and recovery while we fight for your rights.

The Role of a Miami Truck Crash Lawyer

At Steinger, Greene & Feiner, our Miami truck accident attorneys combine professionalism, experience, and compassion to help you through every stage of your case. Here’s what you can expect when you work with our team:

1. Free Consultation
   We start by learning about you, your injuries, and the details of your truck accident. This initial meeting is completely free and gives us a chance to understand how the crash has impacted your life.
2. Thorough Investigation
   Our attorneys immediately gather and preserve vital evidence—such as police and medical reports, photos, videos, witness statements, expert analyses, and black box data. This evidence becomes the cornerstone of your claim and strengthens your position during negotiations.
3. Negotiation with Insurance Companies
   We use the evidence we’ve built to negotiate directly with insurers on your behalf. Our goal is to secure the full and fair compensation you deserve for medical expenses, property damage, lost wages, and pain and suffering.
4. Litigation When Necessary
   If the insurance company refuses a fair settlement, we’re fully prepared to take your case to court. We’ll file a lawsuit, present the evidence, and litigate aggressively to prove negligence and hold all responsible parties accountable.
5. Full Legal Support Through Every Step
   From pre-trial preparation to courtroom representation, we’re with you the entire way. We handle all communications and filings so you can focus on your recovery, not legal paperwork.
6. Protecting You From Insurance Tactics
   Never give a recorded statement or accept an early settlement offer without speaking to your attorney. Insurance companies often make low offers to save money—we make sure they pay what’s fair.

With decades of experience and a proven record of multimillion-dollar verdicts, our attorneys understand the complexities of truck accident claims in Miami. We remove the stress of navigating legal processes and insurance negotiations, standing up to insurers that try to minimize your payout.

What Our Clients Say

When you’ve been injured in a serious truck accident, the right lawyer can make all the difference. Our clients often share how our dedication, clear communication, and relentless pursuit of justice helped them rebuild their lives. Here’s what real clients say about their experience with Steinger, Greene & Feiner:

Areas We Serve in Miami

Miami’s roadways are some of the busiest in Florida, and that means more risk for serious truck accidents. Our attorneys handle cases across Miami-Dade County and surrounding areas, especially along high-traffic routes where truck collisions frequently occur. We serve clients injured in crashes on:

• I-95 and I-195 – Heavy truck traffic connecting Miami to Broward and Palm Beach.
• US-1 (South Dixie Highway) – Common site of commuter and delivery truck accidents.
• Florida’s Turnpike – A major corridor for long-haul trucking and frequent accident scenes.
• SR 826 (Palmetto Expressway) – Known for congestion and high crash volume.
• SR 836 (Dolphin Expressway) – Frequent commercial vehicle incidents near downtown Miami.
• I-75 and the Florida East–West routes – High-speed trucking corridors with severe crash potential.

No matter where your accident happened, Steinger, Greene & Feiner is ready to fight for your recovery anywhere in the Miami area.

If you or someone you love has been injured in a truck accident, don’t wait. The sooner you contact us, the stronger your case will be. Call us or reach out online today for a free, no-obligation consultation.

Frequently Asked Questions