A spokesperson for the Miami-Dade Police Department says a good Samaritan rescued the driver of a cement truck who found himself trapped after being involved in a crash where his truck overturned. The crash occurred along US1 and 128th Street in Pinecrest. The cement truck driver suffered significant injuries and was transported to the Hospital in critical condition. The wreck caused diesel to spill from the cement truck. The roadway remained closed while police continued their investigation but has since reopened.
Cement Truck Accidents in Miami
There are many types of car accidents that can result in injury but some of the most severe types of car accidents in terms of seriousness of injuries arise from accidents involving cement trucks. This is because cement trucks are extremely heavy, difficult to handle properly, and more prone to flipping over. Cement truck accidents can result in personal injuries that range from treatable soft tissue injuries, to more critical injuries such as fractures, broken bones, or amputated limbs. Additionally, cement truck accidents can lead to spinal cord injuries or traumatic brain injuries. Almost all cement truck accidents are caused by the negligent actions or inactions of another individual or entity. To establish a claim for negligence, the plaintiff must establish (1) a duty was owed, (2) duty breached; (3) breach was cause-in-fact (but for) and proximate cause of plaintiff’s injuries; and (4) breach caused injuries. A duty is owed only to foreseeable plaintiffs. The plaintiff must show that “but for” the defendant’s breach (cause-in-fact) the plaintiff would not have been injured, and the defendant’s actions were the proximate (or legal) cause of the injuries and that such injuries were a foreseeable consequence of the defendant’s actions. Generally, a duty is breached if a defendant fails to conduct himself as a reasonably prudent person would in the same circumstances. The standard is applied as though the reasonable person possessed the experience, knowledge, and mental capabilities of an average member of the community, even if the defendant did not actually possess it. The plaintiff must show that “but for” the defendant’s breach (cause-in-fact) the plaintiff would not have been injured, and the defendant’s actions were the proximate (or legal) cause of the injuries and that such injuries were a foreseeable consequence of the defendant’s actions. Plaintiff must affirmatively prove actual damages for a negligence claim. Generally, there is no affirmative duty to take action to protect a plaintiff who is at risk of injury. However, a duty is owed (a) if defendant’s conduct is responsible for placing plaintiff in a position where he requires aid; (b) even if defendant is not required to take action, once a person takes action, he has a duty to exercise due care as to subsequent conduct, and he is liable if he leaves plaintiff in a worse position. Good Samaritan statutes are generally designed to protect individuals from civil liability for any negligent acts or omissions committed while voluntarily providing emergency care. Under Florida’s Good Samaritan law, there is no duty to rescue, but the law gives civil protection to any persons, including a licensed medical professional, who gratuitously, in good faith and in the use of ordinary care, aids a victim at the scene of an accident. However, a rescuer must act reasonably.
A Miami Truck Accident Lawyer Can Help
If you or someone you know has been recently experienced a personal injury in a truck accident, there will likely be many questions and many decisions that need to be made. Don’t make these decisions alone. At Suarez & Montero, we believe your focus should be on your health while we handle your personal injury claim. We understand recovery from a personal injury is both a physical and financial struggle. Let us help you get compensation to pay for your medical bills, lost wages and any other damages. The truck accident lawyers at Suarez & Montero are passionate about seeking justice for those that have been injured and will not stop fighting for you until that justice has been guaranteed. Whatever the circumstances surrounding your personal injury claim, the team at Suarez & Montero has the experience necessary to ask the right questions and take the necessary actions to ensure that you receive the compensation you deserve for the pain and inconvenience of sustaining an injury in a truck accident. We are available around the clock and we serve clients throughout all of South Florida 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.
