Passenger Rights in Miami Truck Accident Injury Claims

matthew-t-rader-1shWwOrkxEM-unsplash-copy-300x199It is common for the driver of a smaller vehicle to be severely hurt in a Miami truck crash, but these incidents also put any occupant in the car at risk of serious, catastrophic injuries. Some experts would argue that the threat of bodily harm is even greater for passengers who are not in the driver’s seat. The Insurance Institute for Highway Safety reports that many sedans, SUVs, pickups, and other vehicles have major weaknesses when it comes to protecting occupants who are not behind the wheel. 

Fortunately, you do have rights as an injured passenger, including legal options for recovering compensation for your losses. You should trust a Miami truck accidents lawyer to handle the details, but you may find some general information useful.

Liability in Miami Truck Crash Claims

Most motor vehicle collisions are the result of driver carelessness, including truck accidents. You must prove four essential elements to recover monetary damages for your losses:

  • The truck operator owed a duty of care to exercise reasonable caution while driving;
  • He or she breached this duty;
  • The breach of duty was the direct cause of the truck crash in which you were injured; and,
  • You suffered losses as a result of the collision.

These four elements are generally directed at just two concepts for liability purposes — fault and the nature of your injuries. Because you were a passenger, you would expect fault to be eliminated as a subject of dispute. That is not always the case, and – even if it was – it does not make it any easier for you to obtain the compensation you deserve.

The Insurance Claims Process for Injured Passengers

Initially, you would file an insurance claim to recover monetary damages from a truck accident. A typical truck insurance policy could cover hundreds of thousands of dollars in damages, far more than the coverage for the average driver. With these amounts at stake, you can be sure the insurance company will fight your claim from every possible angle. The insurer will usually deny that the truck driver was at fault and inform you that you should seek your compensation from the driver of the other vehicle, which might be the person you were riding with at the time of the crash.

Compensation is Available for Victims of Miami Truck Collisions

Most accident claims are based upon the theory that you should be made whole as the victim of a crash that was not your fault, and the same is true for truck crashes. Depending on the nature and severity of your injuries, you may be able to get compensation for:

  • Your medical costs;
  • Lost wages resulting from your inability to work;
  • Pain and suffering;
  • Diminished quality of life; and,
  • Much more. 

Speak to a Miami Truck Accidents Attorney About Your Rights

To learn more about your legal options as a passenger in a truck collision, please contact Gerson & Schwartz, PA. We are happy to set up a no-cost case assessment for you at our offices in Miami, Fort Lauderdale, or West Palm Beach, FL. Once we review your circumstances, we can develop a strategy for getting the monetary damages you deserve as a victim.