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The Laws that Protect You and the Laws that Can Prevent Truck Accidents in Miami Gardens

There are many federal and state laws that are designed to protect you after a truck accident in Miami Gardens or anywhere in Florida. There are also a number of laws are designed to help prevent traffic accidents caused by commercial trucks. These laws include:

1) Laws regarding safe loading of trucks. Laws require truck carriers and those responsible for loading to carefully load and secure cargo onto trucks in a way that reduces the risk of rollovers and other types of truck accidents. Drivers, loaders, and motor carriers are responsible for ensuring that cargo is securely tied to the truck and is properly loaded. There are also strict laws concerning how much a cargo truck can carry. Weight scales on highways are designed to ensure that truck drivers do not overload their trucks, which can increase the risk of rollovers, brake failure, tire blowouts, and other types of traffic accidents.

2) Laws regarding screening of truck drivers. Laws require truck drivers to be carefully screened. Commercial truck drivers must pass extensive written test as well as road tests and must receive proper training in order to drive commercial vehicles. In addition, truck drivers are subject to health checks and drug and alcohol screening. This can make them safer than passenger car drivers, who are not subject to these types of laws. Statistics bear this out – drivers of passengers cars are more likely to be charged with DUI than commercial drivers. Motor carriers have a financial incentive for ensuring that they hire safe drivers with excellent records – riskier drivers are more likely to result in expensive lawsuits and increased insurance rates for motor carriers.

3) Laws regarding how long truck drivers can drive. Truck drivers are subject to many federal rules regarding how long they can drive before taking rests as well as the length of their rest periods. In contrast, passenger car drivers have no laws regarding fatigued driving or even distracted driving. In Florida, passenger car drivers are even allowed to text and drive, while federal laws prevent commercial truck drivers from engaging in this sort of risky activity. If a passenger car driver causes a car accident in Miami Gardens because they’re distracted or are fatigued, they may be charged with reckless driving.

4) Personal injury laws. Personal injury laws ensure that if a person is injured in a truck accident in Miami Gardens or anywhere in Florida, they can pursue a legal claim against those responsible for the accident. They can seek a claim against the motor carrier, truck driver, and other liable parties in order to seek compensation for lost wages, medical bills, and other costs. If you’ve been injured in a truck accident, it is often a good idea to consult with a personal injury attorney in Miami Gardens or your community for legal advice.


If you’ve been injured in a truck accident in Miami Gardens or anywhere in South Florida, the Flaxman Law Group can offer a free case evaluation so that you can discuss your situation with a personal injury attorney. Call today to arrange your appointment.

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