What if I’m Hit by a Commercial Van in Miami?

Commercial van accidents are not uncommon. Delivery vans, maintenance vehicles, and other work-related vans share the road with everyday drivers and pedestrians. If you’re hit by a commercial van in Miami, you may be entitled to compensation for your injuries, property damage, and other losses. 

Liability depends on the circumstances of the crash, and in many cases, the employer of the van driver may also be held responsible. A Miami accident attorney at The Morgan Law Group can help evaluate the specifics of your case and guide you in taking the right legal steps.

Common Causes of Crashes Involving Commercial Vans in Miami

Commercial vans are everywhere in Miami, from courier services making deliveries to plumbing companies heading out for appointments. Unfortunately, the way these vehicles are used increases the risk of accidents.

Some of the most common causes of crashes involving commercial vans in Miami include:

Driver Fatigue

Van drivers often work long hours. Whether it’s due to delivery quotas or multiple service calls, fatigue can affect reaction times and decision-making. Fatigued driving is a major factor in many commercial vehicle collisions.

Distracted Driving

Commercial drivers may be using navigation systems, phones, or dispatch devices while behind the wheel. These distractions can easily lead to rear-end collisions, sideswipes, or pedestrian accidents.

Speeding and Reckless Driving

Some commercial drivers speed to meet tight deadlines. Others might drive aggressively, weaving through traffic or failing to yield. These risky behaviors increase the likelihood of high-impact crashes.

Improper Vehicle Maintenance

Businesses are responsible for ensuring their fleet vehicles are safe to operate. If a van’s brakes fail, tires blow out, or lights malfunction due to poor maintenance, liability can extend beyond the driver to the employer.

Inadequate Driver Training

Some companies put drivers on the road without proper training in vehicle handling, safety protocols, or defensive driving. When these drivers cause accidents, victims have a right to demand accountability.

Blind Spots and Improper Lane Changes

Commercial vans often have larger blind spots than passenger vehicles. If a van driver fails to check those areas before merging or changing lanes, they can easily collide with vehicles, cyclists, or pedestrians.

Steps I Should Take After a Commercial Van Hits Me in Miami

If you’re hit by a commercial van, the steps you take immediately after the accident can influence your health, recovery, and claim. 

Here’s what to do:

Step 1: Report the Accident

Always contact law enforcement after a crash, especially one involving a commercial vehicle. The police report will serve as a crucial piece of evidence when filing an insurance claim or lawsuit.

Step 2: Seek Medical Attention Immediately

Even if you feel fine, injuries such as whiplash, internal bleeding, or brain trauma might not show symptoms right away. Medical records are also essential documentation of your injuries.

Step 3: Gather Evidence 

If it’s safe, gather the following:

• Photos and videos of the accident scene, vehicle damage, and injuries.
• The commercial van’s license plate and company branding.
• Contact information of the van driver and any witnesses.

Step 4: Contact a Personal Injury Attorney

A personal injury attorney in Miami can protect your rights, gather evidence, handle negotiations, and take legal action if needed.

My Legal Options After a Commercial Van Hits Me in Miami

Getting hit by a commercial van opens up several legal options, depending on the severity of the crash and who was at fault.

1. No-Fault Insurance Claim

Florida follows a no-fault insurance system, meaning your own Personal Injury Protection (PIP) coverage typically pays for medical expenses and lost wages up to a certain limit, regardless of who caused the accident.

However, no-fault insurance in Florida only covers economic damages and doesn’t include pain and suffering. That’s why many people hit by commercial vans pursue additional compensation through a personal injury claim when the injuries are considered serious under Florida law.

2. Third-Party Claim Against the At-Fault Driver or Employer

If your injuries exceed the no-fault threshold, you may pursue a third-party liability claim. 

This means:

• Suing the driver personally if they were reckless, impaired, or negligent
• Suing the driver’s employer under a legal theory called “vicarious liability,” which holds companies accountable for their employee’s actions during work-related duties
• Holding the employer directly liable if they failed to maintain the van, hired an unqualified driver, or failed to train their staff properly.

3. Investigating Additional Defendants

Sometimes, other parties may share responsibility, such as:

• A third-party maintenance provider who failed to service the van properly
• The vehicle manufacturer if a defect contributed to the crash
• A subcontractor or delivery partner who employed the driver

4. Pursuing a Personal Injury Lawsuit

If negotiations with insurers don’t result in a fair settlement, you can file a lawsuit in civil court. 

A successful claim may result in compensation for:

• Medical bills (past and future)
• Lost wages and loss of earning capacity
• Property damage
• Pain and suffering
• Mental anguish
• Disability or disfigurement

Can I Claim Compensation if I Share Fault for My Injuries?

Under Florida’s modified comparative fault rule, you can still recover compensation even if you’re partially responsible for the accident.

Here’s how it works:

• If you’re found 20% at fault for the crash, your total compensation will be reduced by that percentage.
• If you’re 51% or more at fault, you won’t be eligible for any compensation under the current Florida law.

Because comparative fault can significantly impact your settlement or verdict, having a lawyer investigate your case thoroughly and defend your interests becomes even more important.

Talk to a Miami Accident Attorney About What to Do Next

Being hit by a commercial van in Miami can leave you dealing with physical injuries, emotional stress, and growing medical expenses. 

From investigating the van driver’s background to determining whether the employer shares legal responsibility, these cases often involve multiple parties and layers of liability. Whether your injury calls for a no-fault claim or a personal injury lawsuit, seasoned accident attorneys, like The Morgan Law Group, can guide you through the process and work to secure full and fair compensation.

Call us today at (305) 614-5235 or contact us using our online form for a free case evaluation about your injury claim after getting hit by a commercial van at our office in Miami.