1 Dead After Car Slams into Cement Truck in Miami Gardens

Item: Law Offices Of Suarez & Montero
Rating: 5
Author: Hector Sanchez

According to the Miami-Dade Police Department, one person was killed after a small car slammed into a cement truck in Miami Gardens. The deadly head-on collision occurred along Northwest 215th Street and 37th Avenue, near the Ronald Reagan Turnpike, Saturday morning. MDPD says the crash occurred on Saturday morning at the intersection of NW 215th Street and NW 37th Avenue when the driver of one car slammed into a cement truck, killing the driver. MDPD shut down the area for several hours on Saturday while they investigated the crash. Our hearts go out to the families of the driver who was killed in this accident.

Wrongful Death Caused by Truck Accidents

When a semi-truck or tractor-trailer is involved in a car accident, the people involved are at great risk for serious and even deadly injuries. In fact, truck accidents are the deadliest types of accidents that can occur on the road. Although car and pedestrian accidents account for more annual fatalities, the proportion of truck accidents that are lethal far outweigh those of car accidents. Thus, every time you drive near a large truck, you are placing your life and the lives of your family on the line. Typically, wrongful death statutes afford a claim to the decedent’s next of kin and are brought by a personal representative or an estate on behalf of the next of kin. The purpose of wrongful death statutes is to compensate the decedent’s relatives for the loss of pecuniary benefits that would otherwise have continued to them had the decedent survived. On the other hand, survival claims recognize the injury and the harm experienced by the deceased and allow perpetuation of those claims. Generally, survival actions belong to the estate of the decedent. For the purpose of such claims, the estate stands in the shoes of the decedent through a personal representative and the personal representative brings suit to recover damages for the decedent’s pain and suffering prior to death, medical and funeral expenses, and loss of earning power from the date of injury until death.

As to wrongful death statutes, the most common discrepancies involve the determination of the proper party to recover for a loved one’s death and the types of damages recoverable; but other nuances exist. For example, some jurisdictions allow a wrongful death action to be brought despite the fact that the decedent previously recovered a personal injury judgment before his or her death as a result of the same tortious conduct. Other jurisdictions have found that a plaintiff is barred from bringing a wrongful death action if the decedent had already collected judgment for personal injury based on the same tortious act. As with wrongful death statutes, a lack of uniformity in the enactment of survival statutes exists. For example, some survival statutes permit recovery for the decedent’s pain and suffering from the time of injury to the decedent’s death; others do not. Many survival statutes provide that a personal injury claim continues after death against the alleged tortfeasor, whether the injury complained of was fatal or the decedent died from a completely different cause. In contrast, some statutes provide that there can only be survival of actions for those injuries that are nonfatal. For these, the only avenue of recovery for a fatal injury is a wrongful death action. It is essential that the plaintiff’s attorney handling wrongful death and survival claims become familiar with all items of damages in such claims that are allowable in his or her jurisdiction. Note that in some jurisdiction’s survival claims belong solely to the estate; therefore, distribution of those claims, once paid, falls under the laws of descent and distribution as an asset of the estate and does not necessarily go to the participating next of kin.

How an Attorney Can Help with Wrongful Death Claim

Was your loved one the victim of a wrongful death due to a truck accident in Miami? Was a close family member killed in a crash with a semi or other large truck in Dade County? If so, you should contact the experienced car accident lawyers at Suarez & Montero. The Law Offices of Suarez & Montero represents accident victims injured in various types of accidents. Our skillful attorneys are genuinely committed to our clients. Our team of personal injury and wrongful death lawyers are highly experienced in investigating commercial trucking accidents and pursuing compensation for clients throughout south Florida. When your relative’s death was the result of a truck driver, trucking company, maintenance provider, or auto manufacturer’s negligence, we will fight to make sure that you get the maximum amount of compensation owed to you. Let us help you get the medical care you need and fight to make sure you are compensated for your injuries! Our attorneys are ready to provide proven legal representation in pursuing your claim and stand ready to protect your rights. We are available 24/7 to give you a free, no risk case consultation.

We serve clients throughout Florida including those in the following areas:

Miami-Dade: Aventura, Coral Gables, Doral, Fontainebleau, Hialeah, Homestead, Kendall, Miami, Miami Beach, Miami Lakes, North Miami, Tamiami, and Westchester.

Broward: Fort Lauderdale, Hallandale Beach, Hollywood, Pembroke Pines, and Weston; and Palm Beach County including Boca Raton, Lake Worth, and West Palm Beach.

The Law Offices of Suarez & Montero Car Accident Attorneys represents accident victims injured in various types of accidents including: