Hurt in a Delivery Truck Crash in South Miami? You Don't Have to Sort It Out Alone

Hurt in a Crash With an Amazon Delivery Truck in South Miami? Start Here

A crash with an Amazon delivery truck or van does not make Amazon automatically responsible. The company name on a vehicle does not decide who is at fault.

Responsibility can rest with the driver. It can also rest with the company that employs or contracts the driver. It can rest with the vehicle’s owner. More than one party can be responsible at the same time.

If you have ever sat in traffic on Sunset Drive at rush hour, you know how crowded South Miami roads can get. Delivery vans stop often. They turn across lanes. They share the street with cyclists, pedestrians and school traffic.

One sudden stop or lane change can change a life in seconds.

Many people hurt in these crashes face several problems at once. They may be in pain. They may be going to doctor visits. They may be missing paychecks.

They may also be getting calls from insurance adjusters. Adjusters are the people who review insurance claims for the insurance company.

Often, they do not know who may be responsible. They also may not know whether they have a claim.

This guide explains common causes and typical injuries. It also covers who may be responsible. It describes the Florida rules and deadlines that matter.

This is general information, not advice about your own situation. Use it to understand your options. Then talk through the details with a lawyer.

What Causes Amazon Delivery Truck Crashes on South Miami Roads?

Delivery truck crashes often trace back to four things. These are time pressure, fatigue, distraction and blind spots.

Tight delivery schedules push drivers to rush between stops. Rushing leads to shortcuts.

A tired driver reacts more slowly. A tired driver may also misjudge a gap in traffic.

Federal trucking rules limit how long drivers may work. A driver of a property-carrying commercial vehicle, meaning a truck that carries goods, may not drive until he or she has taken 10 consecutive hours off duty, under the federal hours-of-service rule. This is a federal limit on driving hours.

The hours-of-service rule in 49 CFR 395.3 requires a driver to take 10 consecutive hours off duty before driving; it does not cover texting, which a separate federal rule addresses. A separate federal rule bars truck drivers from texting while driving, and it also bars motor carriers, the trucking companies, from allowing or requiring it (49 CFR 392.80).

Local roads add pressure. US-1 (South Dixie Highway) has frequent turns and stops. The Palmetto Expressway (SR 826) moves fast. Drivers there often change lanes quickly. SW 72nd Street is a busy cross street. Drivers merge and turn there.

Delivery vehicles and everyday drivers share these lanes every day.

Records matter after a crash. Photos, dashcam video, witness names and the police report all help show what happened.

Florida law requires a Florida Traffic Crash Report, Long Form, when a crash involves injury or a commercial motor vehicle. The report must be submitted within 10 days after the investigation is completed (Fla. Stat. § 316.066).

Common Injuries in Amazon Delivery Truck Accidents

Crashes with large delivery vehicles can cause serious injuries. These include spinal cord injuries, traumatic brain injuries, broken bones, internal injuries and severe burns. In the worst cases, a crash can lead to amputation or paralysis.

A large vehicle can transfer far more force to a car, a cyclist or a pedestrian. Smaller vehicles and people on foot or on bikes have less protection. That difference is one reason these crashes often cause severe harm.

Pain and symptoms can show up hours or days later. A person may feel shaken but mostly fine at the scene. Later, headaches, numbness, dizziness or stiffness can appear.

Tell your doctor about every symptom. Do this even if it seems minor.

Get medical evaluation promptly. Follow the care plan your treating doctors set. Early medical records help link your injuries to the crash.

Keep discharge papers, referral notes, prescriptions and receipts. A simple daily journal can also help. Write down your pain and the activities you missed.

This is general information, not medical advice.

Who Can Be Responsible When an Amazon Truck Crashes

More than one party may share responsibility for a delivery truck crash. Possible responsible parties include:

• The driver
• The company that employs or contracts the driver, such as a delivery service partner
• The vehicle’s owner

Whether each one can be held responsible depends on the facts.

Florida law can reach a vehicle owner in some cases. Whether a person or business may be responsible for an injury depends on the facts of each case, which is why a free consultation with a lawyer can help. Negligence means carelessness that causes harm.

Federal rules also place duties on companies. One federal rule says that when a duty is prescribed for a driver or a prohibition is imposed upon the driver under part 325 of subchapter A or this subchapter, the motor carrier must require the driver to observe it (49 CFR 390.11). Carriers and brokers can face claims over how they chose and supervised drivers. A broker arranges transportation between shippers and carriers.

Whether Amazon itself can be held responsible depends on several things. These include its contracts, who controlled the driver and how the delivery was run.

Claims that a company knew about a problem and failed to act are allegations. They remain allegations until a court decides them.

Florida Laws That Affect Your Claim: Comparative Fault and Deadlines

Florida uses a comparative fault rule (Fla. Stat. § 768.81(6)). Comparative fault means fault is divided by percentage. Florida also sets firm deadlines for filing a lawsuit.

In a negligence action, a person found more than 50 percent at fault for their own harm may not recover any damages, but this rule does not apply to an action for personal injury or wrongful death arising out of medical negligence under chapter 766. Damages means money awarded for losses. This rule appears in Florida’s comparative fault statute.

Under Florida’s comparative fault law, a person found more than 50 percent at fault for their own harm may not recover any damages in a negligence action, though this rule does not apply to personal injury or wrongful death claims arising from medical negligence. The court enters judgment against each liable party. That judgment is based on that party’s own percentage of fault. That is why identifying every responsible party matters.

Florida law also sets a deadline for filing a lawsuit. That deadline can be shorter than many people expect. The Florida limitations statute sets out the categories of civil actions it governs, and one of those categories is an action for wrongful death. However, a wrongful death action brought against a person for an intentional tort resulting in death from acts described in s. 782.04 or s. 782.07 may be filed at any time.

Other deadlines can apply. They depend on the claim and on who is being sued. Deadlines apply, so contact a lawyer promptly. Waiting can limit your options, even while your injuries are still being treated.

When a Delivery Truck Crash Takes a Life: Support for Families

Losing someone you love in a crash is a loss no law can fully measure. Florida’s wrongful death law gives families a way to pursue a claim. Wrongful death means a death caused by another person’s wrongful act.

Under the Florida wrongful death statute, the party who would have been liable if the injured person had lived remains liable. This is true even after the death.

• A surviving spouse may recover for loss of companionship and protection. A spouse may also recover for mental pain and suffering.
• Each parent of a deceased minor child may recover for mental pain and suffering.
• A survivor who has paid medical or funeral expenses may recover those costs.

Families often face many tasks at once. These include funeral arrangements and lost household support. They also include questions from investigators and insurers, and requests for records.

Florida law makes crash reports available to the parties involved and their legal representatives. Many families find it helpful to speak with a lawyer. Do this before answering detailed insurer questions.

Frequently Asked Questions About Amazon Truck Accidents in South Miami

Talk With CHG Personal Injury Lawyers About Your South Miami Crash

Igor Hernandez, one of the firm’s lawyers, is responsible for this page. CHG Personal Injury Lawyers is a Florida-based firm. It is admitted in Florida and serves clients throughout Florida.

The firm offers a free, confidential, no-obligation first consultation. CHG charges no attorney’s fees and no case costs unless there is a recovery.

If a delivery truck crash has left you with medical bills, missed work or a claim adjuster asking questions, request your free consultation. We will help you understand whether someone may be responsible.