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What Compensation Can You Receive in a Truck Accident Claim?> Most Miami Truck Accidents Are Caused by Driver Error> Miami Truck Accident FAQs> Why Choose Elstein Legal to Represent your Case?>

When you or a loved one is involved in an accident where a large truck has hit you, it can lead to devastating injuries and other consequences. Truck accidents are often severe due to the sheer size and weight differences between commercial and passenger vehicles. Injuries from these accidents can be life-threatening or permanently disabling. 

If you have been in a truck accident, the skilled legal team at Elstein Legal can work with you on your claim. Our Miami truck accident lawyers help you protect your rights with a personalized approach to ensure you get the compensation you need to recover from your injuries.

What Compensation Can You Receive in a Truck Accident Claim?

Truck accident victims often want to know what compensation they may receive for their claim. After all, an accident usually involves sudden, unexpected financial hardship. Therefore, your injury settlement is crucial to ensure you can recover from the accident.

Compensation that you may receive in a truck accident claim includes:

  • Emergency medical bills, including ambulance costs
  • Surgery, X-rays, scans, and medication
  • Long-term medical expenses
  • Physical and occupational therapy
  • Mental health care to treat issues like PTSD or anxiety
  • Lost wages and disruptions to your career trajectory
  • Lost contributions to family and household
  • Property damage
  • Pain and suffering
  • Emotional anguish
  • Injury to lifestyle

Many accident victims underestimate the value of their claim because they may not be aware of all of the types of damages recoverable. Not all your losses are easily quantifiable in a dollar amount. Disruption to your ability to earn an income, pain and suffering, and less tangible losses should all be fairly compensated.

At Elstein Legal, we can use the facts of your accident and the different impacts on your daily life to calculate a fair settlement value after your truck accident.

Most Miami Truck Accidents Are Caused by Driver Error

Although truck drivers should use extra caution while on the road, especially while navigating Miami’s crowded streets and highways, too often their actions lead to severe injuries. Some of the most common causes of Miami truck accidents include: 

  • Failure to follow federally mandated hours of service regulations
  • Speeding while trying to log too many miles in a day
  • Distractions such as texting or talking on the phone
  • A lack of training, poor oversight, and management of employees
  • Motor carriers hiring unqualified drivers
  • Loading errors or failure to follow load securing regulations
  • Poor maintenance and inspection of vehicles
  • Driving under the influence of alcohol or drugs
  • Reckless driving
  • Failure to leave an adequate following distance with other vehicles

There may be multiple factors that cause a crash to occur. Even if you are not immediately aware of the cause of the collision, our Miami truck accident lawyers can help you investigate to establish and prove the cause of the accident.

Miami Truck Accident FAQs

Can I sue after a truck accident in Miami?

Yes, you can sue after a truck accident in Miami. Florida negligence laws apply to all accidents caused by a lack of careful behavior by another person. Depending on your injuries and damages, you may receive compensation through your no-fault insurance policy or a third-party claim.

Who is legally responsible for a truck accident?

Several different parties may be liable for your accident, including:

– The truck driver
– Another vehicle driver
– The owner of the truck
– Employer of the truck driver
– Vehicle manufacturers
– A third party who causes a distraction or an obstruction
– Those responsible for maintenance of the road

Someone is considered liable for a Miami truck accident when they are negligent or fail to drive with reasonable care while on the road. 

What laws apply to truck accidents in Miami?

Florida negligence laws apply to truck accidents in Miami. Florida law 768.81 apportions fault between all parties involved in the accident. Then, parties may claim financial compensation based on their share of relative responsibility.

How do I protect my rights after a truck accident in Miami?

After a truck accident in Miami:

Report the crash to law enforcement as required by Florida law 316.065.
Seek medical attention right away to protect your health and document your injuries.
Gather party and witness information, take photographs if you can, and report the accident to your insurance company.

When should I work with a Miami lawyer for truck accidents?

Hiring a lawyer as soon as possible is often a good idea for Miami truck accident victims. This is because Florida limits the time to file a claim to four years from the accident in most cases.

If death occurs, the time may be as short as two years. Don’t be fooled by the insurance company’s stall tactics. You must formally start your claim by filing your claim in the Miami-Dade County or Circuit Court by the expiration of the time limit.

Why Choose Elstein Legal to Represent your Case?

Since opening Elstein Legal in 2018, Brian L. Elstein has recovered millions on behalf of his deserving clients. A cum laude graduate of Nova Southeastern University, Brian Elstein honed his skills early as a member of the Nova Trial Association.

Today, he is recognized by The National Trial Lawyers as a Top 40 Under 40 Lawyer in Florida and has been selected to the 2022 Florida Rising Stars list by Super Lawyers Magazine – a distinction given to only 2.5% of attorneys in Florida, and named 2022 Best Litigation Attorney by Expertise.com.

2022 Florida Rising Stars Award Super Lawyers Magazine
The National Trial Lawyers: Top 40 under 40
Best of the bar
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Contact Us for a Free Consultation

If you have been injured in a truck accident, contact Elstein Legal for a free consultation with experienced Miami truck accident lawyer Brian L. Elstein. You will gain an advocate for every stage in the claims process until you have the compensation you deserve.


Elstein Legal is available to help you handle your accident claim in the Miami metropolitan area and beyond. Brian L. Elstein and his team can offer you the personalized service and legal representation you deserve after a car accident.

Call us at (305) 299-2835 or contact us today for a free consultation to discuss your case.

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