Florida
Trucking Accident Lawyer Blog

Trucking accidents cause many tragic fatalities each year as well as serious personal injuries, including broken bones, head injuries, scarring, spinal cord injuries, and other serious trauma. While these are undoubtedly the worst outcomes of trucking accidents, in many cases the sheer size and power of a truck also causes property damage. While not as devastating as loss of life or personal injury, property damage can be very expensive. Some of the more common types of property damage caused by truck accidents include:

1) Residence damage. Trucks will sometimes leave the road when a driver loses control and careen into a residence. Such a collision can cause serious structural damage and can seriously injure anyone in the residence at the time.

2) Business damage. If a truck leaves a road, it can careen into business signs or storefronts. Since most businesses are closer to the road than residences, the damage can be extensive. Businesses may lose stock and may need to lose business while they are closed for repairs. In addition, any employees or customers who are inside and injured at the time of the accident can pursue legal action.

3) Car damage. If a truck and car collide, the car is often damaged seriously. In many cases, the car is simply crushed and needs to be replaced entirely. In some cases, expensive body work is required before the car is safe to drive again.

4) Personal effects damage. Any item – such as a laptop, digital camera, or cell phone -- in your car at the time of the accident will likely be badly damaged and will need to be replaced.

5) Fire and chemical damage. If a truck is carrying dangerous or flammable chemicals at the time of an accident, these chemicals can spill after a collision, causing extensive fire damage as well as an evacuation of an area. Even a simple evacuation can cost local businesses significant amounts of lost revenue.

Replacing damaged items and repairing property damage after a truck accident usually takes time as well as a great deal of money. If your property has been damaged in a trucking accident, contact a personal injury attorney. He or she can help you seek the help you are entitled to under the law so that your property is restored to you. Without an attorney’s help, you may need to pay all damages out of your own pocket.

If you have been in a trucking accident and have lost a loved one or have sustained a serious personal injury – such as a spinal cord injury, brain injury, or other injury – you will need an attorney. Even if an insurance provider promises you that you do not need an attorney, there are several reasons why you should call a qualified Florida attorney right away:

1) The insurance provider has an attorney. Trucking companies are insured by insurance providers in the event of an accident, and insurance companies have teams of very talented attorneys at their disposal. These attorneys may wish you to sign documents and may even offer to help you understand the legal text, but it is important to understand that these attorneys work for the insurance providers, not for you. They are paid to keep expenses low for the company. You need an attorney representing you to protect your best interests and your rights.

2) Trucking accidents involve complex legal issues. You need an attorney working on your behalf to help you understand the legal issues, procedures, and papers that are inevitable after a trucking accident. A good attorney will explain your options and the legal system to you so that you can make the right decisions for you.

3) You will need all the protection the law requires after a trucking accident. If you have been injured or have sustained property damage, the law protects you and entitles you to compensation for your losses. Settlements and compensation are vital to help you pay for medical expenses and recover lost income. However, it is easy to sign away your rights or give away some of your rights. An attorney works for you to ensure that you get all the protection you are entitled to under the law.

4) You should not sign anything until you have spoken to an attorney. An attorney can look over documents for you and advise you about documents and clauses that are not in your best interests. By signing documents without your attorney present, you may sign away your rights or even lose your ability to get a fair settlement.

5) Attorneys have access to investigative teams. Attorneys work with private investigations to uncover all the possible causes behind a trucking accident. This can help you get answers that bring you peace of mind. Investigations can also help you determine who is liable in an accident and can ensure that you are not held liable yourself if someone else caused a collision.

If a trucking accident has occurred, the immediate concern is usually helping victims at the scene. Unfortunately, since trucks are so large, many collisions involving trucks result in fatalities or serious brain injuries, burn injuries, and other serious injuries. Many trucking accidents also involve significant property damage.

Soon after a trucking accident, however, questions begin to arise about the causes of a trucking accident. Unfortunately for victims, resolving issues of liability can be challenging for a few reasons:

1) Memories fade. Victims and witnesses may start to forget the details of an accident after a time, making it more difficult to recreate exactly what happened. This can increase the possibility that witnesses and victims will have differing or even conflicting accounts of an accident. For this reason, securing witness testimony and evidence quickly is crucial.

2) Evidence is destroyed. Construction in an area – which may have contributed to an accident – will progress and eventually finish, leaving little evidence of its role in an accident. A truck may also destroy evidence by the sheer force of impact. Investigators need to act quickly to secure remaining evidence and need to use modern technology – such as accident reconstruction software – to determine what happened.

3) Evidence is misplaced. With time, important pieces of evidence, such as police records and other evidence, may simply become misplaced. Trucking investigations are complex and often require many professionals. Any one professional may inadvertently lose track of an important piece of the case, affecting the outcome of the investigation.

4) Evidence is erased. Most commercial trucks have an electronic device which records average speeds, maximum speeds, distance traveled, and other vital information. This information can be crucial to an investigation but these devices only hold so much data. If a truck continues to drive after an accident, the data is eventually erased and re-recorded over with new data. Attorneys need to act quickly to subpoena trucking companies in order to preserve these devices and the data they contain.

Trucking accidents and their resultant personal injuries can be caused by common factors such as driver fatigue, speeding, and driving under the influence. However, many common causes of trucking accidents are in fact not frequently discussed. Some of the issues that have contributed to trucking accidents include:

1) Driver distraction. Driver distraction is one of the most common causes of trucking accidents and the resulting broken bones, fatalities, burn injuries and other serious injuries. However, the cause of driver distraction vary widely. Some drivers are distracted by the food they are eating on the road, by pedestrians and other drivers, by music in the car, by cell phone conversations, or even by road signs.

2) Road conditions. Badly paved roads, lack of proper lighting on roads, too-narrow roads and road construction can cause conditions that are unsafe for trucks. Municipalities are responsible for maintaining certain minimum road conditions and for posting adequate signs and warnings of dangerous road conditions.

3) Poor signs. Trucks require additional time to stop, brake, and switch gears. They require adequate signs explaining problems ahead, such as bumps, construction, and other perils. When signs are too few, not very visible, or not back enough truck drivers might not have time to adequately respond to dangers on the road.

4) Weather conditions. Weather can make roads slippery or may cause poor visibility. In these conditions, even experienced truck drivers may have a hard time maintaining control of their vehicles.

5) Other drivers and pedestrians. Pedestrians sometimes step in front of a truck or walk into a truck’s blind spot, where the driver cannot see them. Cars, also, sometimes cut truck drivers off or drive too close to trucks that are turning. Tragedy can result when trucks are not given extra space.

Fork lifts are a major part of many road construction projects, building projects, and work environments. While many fork lift operators are trained and operate their machinery safely, however, fork lift accidents do cause serious personal injuries each year. Fork lifts can roll over, collide with other vehicles, or cause pedestrian accidents. These machines can cause burn injuries, broken bones, head injuries, spinal cord injuries, and even fatalities.

September sees a disproportionate number of fork lift accidents. September sees more fork lift accidents than any other time of year. During the year, more than one person per day dies or needs hospital attention as a result of a fork lift accident. In September, this accident rate nearly doubles. As a result, the Fork Lift Truck Association is organizing a Fork Lift Safety Week for the week of September 21st through the 27th.

SG World will be working with the Fork Lift Truck Association to offer free trials of their Safe-truck system and awareness campaigns will be organized by the Fork Lift Truck Association during the week. In addition, the Fork Lift Truck Association plans to organize other activities to make pedestrians and employees safer near fork lifts.

According to the Fork Lift Truck Association, there are many things that employers can do to prevent fork lift accidents on the job:

1) Maintain good visual and auditory clues. It is important for fork lifts to be visible and easy to hear at all times, especially in poor weather and in areas where pedestrians may be walking. Reflective strips, auditory alarms, lights, and other cues can help alert people when a fork lift is moving through.

2) Post good signage. Employees with signs indicating constriction work is a good way to ensure another pair of eyes on the job. Employees can hold signs and direct traffic but can also ensure that no pedestrians or drivers take unsafe risks near fork lifts.

3) Educate workers. Make sure that fork lift operators have the training and experience to work with the latest equipment. Also, ensure that other employees on site know how to get out of the way and how to safely work near fork lifts.

4) Run frequent visual and mechanical checks. Regular maintenance of fork lifts will ensure that no mechanical failures cause an accident. In addition, regular pre-shift visual checks will ensure that no problem leads to an accident. Any issues or mechanical problems should be resolved right away.

The US Fire Administration reports that many fatalities in car accidents and trucking accidents are caused by post-crash fires. In many cases, these fires occur as a result of fuel leaks, manufacturer defects, and the intensity of a collision. Unfortunately, burn injuries from trucking accidents are more likely to be fatal or serious, simply due to the large amount of fuel a truck can spill and due to the large force a truck collision usually creates.

Many trucks also carry flammable materials or toxic chemicals in their cargo holds. If these cargo holds are not secured correctly, flammable materials can leak out and fuel a fire after a collision. If a truck is carrying particularly noxious chemicals, these chemicals can cause burn injuries even if they do not ignite. In rare cases, trucks carry such dangerous substances that large areas must be evacuated after a truck accident because the chemicals pose a health hazard.

If trucks are carrying dangerous chemicals and traveling at high speeds, any collision can cause the truck to explode, simply due to the high force. Similarly, if a truck collides at high speeds with a wall or other barrier or rolls over, the flammable ingredients in the truck can explode or catch fire.

A post-collision truck fire can quickly veer out of control. Most trucks carry large amounts of fuel which can easily feed a fire. If a truck’s cargo is explosive or flammable, these substances can add to the fire, causing serious property damage and loss of life over a wide area.

Manufacturers of trucks have a responsibility to ensure that product defects – such as fuel tank defects – do not contribute to post-collision fires. Trucking companies and drivers also have a responsibility to ensure that trucks are maintained and operated in a safe manner.

If you or a loved one has been injured in a trucking accident fire, contact a Florida personal injury attorney at once. Trucking companies often have the right to destroy some information related to a truck after a set period of time, so it is imperative that an attorney acts quickly to preserve this information. An attorney can investigate the cause of a collision and can ensure that you and your family have the resources to get the best medical attention possible.

Sleep deprivation is a major cause of commercial trucking accidents. Being sleepy behind a wheel is always dangerous. It slows response times and can cause a driver to fall asleep on the job. For truck drivers, the situation is even more dangerous. Due to their size, trucks can cause a lot more damage in a collision. Trucks also require longer response times to brake or swerve. A sleepy truck driver can cause serious pedestrian accidents, car accidents, and damage.

Unfortunately, the very life of a commercial truck driver can encourage poor sleep. Truck drivers spend a long time sitting down. Little air and exercise can impede a restful sleep. In addition, truck drivers often work odd hours. This can interrupt a body’s natural rhythm and make it harder to sleep well. Finally, some drivers drive too far and too long and therefore become drowsy on the job.

The Federal Motor Carriers Safety Administration (FMCSA) has implemented rules about “hours of service.” These rules aim to prevent how long big rig drivers, commercial truck drivers and semi drivers can drive before they have to rest. The rules permit drivers to have 14 hour work shifts. In each shift, drivers can drive for a total of 11 hours. After these 11 hours, drivers are supposed to have 10 hours off duty.

In addition, the rules stipulate that drivers must drive no more than 60 hours in a 7-day period or 70 hours in an 8-day period. Once a driver has had 34 consecutive hours off-duty, this period of time is reset. These rules are designed to ensure that drivers get adequate rest and do not drive longer than scientifically safe.

However, many non-profit groups believe that these rules do not go far enough in keeping sleepy truck drivers off the streets. Groups such as the Truck Safety Coalition, Advocates for Highway and Auto Safety, Public Citizen, and the International Brotherhood of Teamsters note that the FMCSA rules do not ensure enough rest and do not address the issue that drivers are often given financial incentives by trucking companies to violate such rules.

Many groups claim that trucks should have black boxes that prevent trucks from running if they have been driving too many hours. According to the National Highway and Traffic Safety Administration, more than100,000 accidents each year are caused by sleep deprivation. Groups note that drivers and companies who violate hours of service rules should be held liable.

Research released by the Federal Motor Carrier Safety Administration (FMCSA) reveals that up to 4000 people are year are killed in America as a result of trucking accidents involving trucks that have known safety violations. Most Florida personal injury attorneys have worked on trucking accident cases that involve trucks with known brake defects, bad tires, dangerous loads, and other violations. In some cases, these trucks have been cited as unsafe many times but remain on the roads anyway. Some drivers involved in trucking accidents have histories of accidents, substance abuse, or no training. As a result, many experts and attorneys know that many trucking accidents are preventable.

In every state, roadside checks and federal government standards are meant to determine which trucks have less than satisfactory ratings. Although many trucks are given poor ratings, however, many remain on the roads, according to experts. These trucks can easily be involved in accidents which lead to fatalities, spinal cord injuries, and other serious injuries.

Many personal injury attorneys note that the current financial situation is creating even more unsafe conditions on the roads. The trucking industry is facing financial woes and any costly measures – even safety measures – are often seen as an unneeded expense. Many drivers, worried about the economy, are willing to put up with tight deadlines or other unsafe work conditions to make a wage. And, according to some experts, state agencies are overwhelmed and understaffed, making it less likely that traffic violators are caught and persecuted.

Some states have unsafe laws which give trucking companies and truck drivers an “out.” For example, Michigan does not allow punitive damages to be awarded against trucking companies in wrongful death or personal injury suits. As a result, some personal injury attorneys believe that dangerous companies and drivers tend to move to states such as Michigan, where they are protected from laws and allowed to keep working. Unfortunately, these drivers can and do cross state lines, causing dangerous conditions across the country.

Even in states with tougher laws, many companies are not forced to face responsibility for poor business practices. In many cases, insurance carriers pay for the costs of damages in an accident. In some of these cases, the dangerous trucks which caused an accident are put right back on the road.

Speaking to an attorney after a trucking accident can be a powerful way to break this cycle. A qualified Florida personal injury attorney can investigate all the causes of an accident, gather evidence, and compel a driver or trucking company to face their responsibility in an accident. A Florida attorney can also pursue the case and pressure a company to adopt safer practices.

The Federal Motor Carrier Safety Regulations exist to keep the roads safe and to create guidelines for commercial truck drivers. Despite these and other regulations, however, some trucking companies and drivers violate these rules, leading to accidents. Unfortunately, due to their sheer size, trucks can cause massive damage in a collision.

Brain injuries are just one of the serious, often permanent, injuries that you may sustain as a result of a truck accident. Brain injuries can occur from two reasons. If your body is thrown about violently during a trucking accident, your brain may crash against the inside of your skull. This can cause damage to the brain. Secondly, you may sustain blunt force trauma the head in an accident if your head hits something with enough force. This can cause foreign objects to enter your skull, injuring your brain, or can cause your skull to fracture, causing trauma to the brain.

If you have sustained a brain injury in a trucking accident, you may lose your ability to remember, concentrate, or even move normally. You may need additional assistance for every day tasks, rehabilitation therapy, and expensive brain surgery. You may face long-term or permanent disabilities as a result of your injury.

There are many reasons for trucking accidents, and if you have sustained a brain injury or other personal injury as a result of a trucking accident, it is important to contact a qualified Florida personal attorney immediately. Trucking companies are only required to keep log information and other personal information about a truck or accident for a limited time. By contacting an attorney quickly, you can ensure that this information will not be destroyed. This information can help you discover whether a trucking company or driver took unnecessary risks that led to your accident.

Some trucking companies have drivers exceed safe driving times or speed limits and some companies do not perform required maintenance on trucks. If a trucking company or driver has violated Federal Motor Carrier Safety Regulations or other legislation and has caused your injuries, you may have a right to compensation or a settlement under the law. This can help you get the best medical care so that you can recover as fully as possible after your accident.

Even though a trucking company may offer you a settlement, it is still a good idea to consult a qualified Florida personal injury attorney. An attorney can determine the full costs of your injury and can represent you so that you get the fairest settlement possible. This can help you get better medical treatment and can even help you make a fuller recovery.

Most commercial truck drivers train diligently to operate their vehicles and most are patient, skilled, and courteous. However, some truck drivers have characteristics that make them dangerous on the road. These dangerous characteristics can lead to accidents that cause personal injuries. These characteristics include:

1) Lack of training and experience. Truck drivers need to be well trained and experienced because they are responsible for operating large vehicles that can cause a lot of damage. Drivers should have training and experienced in defensive driving, driving in a variety of conditions, safety issues, and driving techniques. Drivers should be familiar with the roads and the truck they are driving.

2) Rage. Drivers with anger management problems are more likely to experience road rage, which can cause drivers to take risks and drive erratically. Rage has no place on the road.

3) Hurriedness. Drivers who are in a hurry and take short cuts can cause accidents. Some companies encourage drivers to be rushed by creating tight deadlines for shipments or by creating incentives for drivers to hurry excessively.

4) Substance abuse problems. Any driver who takes alcohol or drugs before driving may become drowsy or unable to respond adequately to potentially dangerous situations. Such a driver is almost certain to cause an accident.

5) Sleepiness. Truck drivers must remain alert and awake at all times. Drivers who have sleeping problems, insomnia or other conditions that cause drowsiness are a hazard on the road. Even drivers who suffer from sleep apnea – a common condition -- can fall asleep behind the wheel and cause an accident.

Trucking accidents often cause serious personal injury as well as property damage. If you or a loved one have been injured as a result of a trucking accident, however, it is important to understand that the injuries caused by trucking accidents also cause a severe emotional reaction. Since the injuries caused by trucking accidents tend to be severe, many victims suffer from these common problems after their accident:

1) Depression. Many of the personal injuries caused by trucking accidents create long-term or permanent problems for victims. The changes in a victim’s life may be hard to bear, and this can cause depression. Victims may have a hard time accepting that their life has changed so dramatically.

2) Withdrawal. After a trucking accident, personal injury victims are often unable to return to normal social activities, and this can lead to a withdrawal from usual groups of friends. Additionally, some victims may be unsure how friends and family will respond to their injuries and withdraw from social activities. Burn injury victims, for example, may have a hard time facing the world because they feel uncomfortable with their current appearance.

3) Anger. Many victims of personal injury find that they face new limitations. Someone who has sustained a spinal cord injury after a trucking accident, for example, may have a hard time walking or taking care of themselves. The resulting frustration can easily boil over into anger.

4) Social Problems. Some victims of personal injury have a hard time resuming social relationships after a trucking accident. For example, someone who has sustained a brain injury in a truck accident may have certain difficult personality traits after an accident or may have memory problems that makes even normal conversation difficult.

5) Substance Abuse. Although many victims of personal injury bravely work to better their lives after a trucking accident, victims of personal injury are at greater risk of developing substance abuse problems. Some victims turn to drugs and alcohol to cope with the emotional aftermath of an accident. The pain medication given to many victims is also habit forming and can create problems when patients need to take the medication long-term.

Commercial trucking accidents often capture headlines because they tend to end so tragically. Commercial freight trucks and eighteen-wheelers can weigh tens of thousands of pounds and when these vehicles collide with smaller cars, the personal injuries, fatalities, and property damage that occurs can be devastating. A number of factors can contribute or lead to trucking accidents. These include:

1) Poor choices made by drivers of passenger vehicles. Commercial truck drivers are not always to blame for trucking accidents. In many cases, passenger vehicle drivers take risks on the road that lead to car accidents involving trucks. Car drivers may not understand the limits of truck, and may drive closely behind or beside a truck, in the truck driver’s blind spots. Some drivers cut off trucks making right turns or change lanes too quickly in front on trucks, not allowing truck drivers time to respond. Some drivers take risks by not following the rules of the road. In all cases, passenger vehicle drivers are likely to be seriously injured or killed if an accident results.

2) Poor choices made by pedestrians. Some pedestrians step out in front of trucks, not realizing that trucks have many blind spots and take longer to stop than passenger vehicles. Some pedestrians also do not pay attention to trucks that are turning or reversing. In all cases, a pedestrian accident involving a truck almost always leads to a fatality.

3) Poor driving by truck drivers. Some truck drivers make mistakes or take risks on the road. Some drivers drive under the influence or while sleepy, increasing the odds of an accident. Some truck drivers are too inexperienced or too under-trained to be safe on the road.

4) Unsafe road conditions. Weather can wreak havoc with a driver’s ability to steer a large truck. Slippery roads and poor visibility can be especially problematic for a truck driver, who needs to start braking and responding much earlier than a passenger vehicle driver. In addition, big ruts in the road, unevenly paved roads and poor road maintenance can lead to truck rollovers and other accidents.

5) Unsafe truck conditions. Some trucks are poorly maintained or incorrectly loaded. Trucks that exceed their maximum capacity are especially dangerous on the road. Product defects – such as defective truck tires or brakes – can also lead to accidents.

In news media after an aviation accident, reporters and journalist often refer to a “black box.” In an airplane, this black box gathers information about a flight and after an accident becomes a crucial piece of evidence for investigators. While most people associate the black box with aviation incidents, most commercial trucks have similar pieces of evidence.

Many trucks that have been made in the US since the 1990s have a device incorporated into their engine. Called the Electronic Control Module (ECM), this device is similar to the device placed on planes and is in fact also called a “black box.” For attorneys investigating a trucking accident, ECMs contain plenty of useful information, since these devices continuously gather information while a truck is in operation.

Over a period of thirty days or so, these devices gather information about time driven, highest speeds driven, average overall speeds a truck has attained, seat belt use, idling times, air bag use, the average revolutions per minute (RPMs) of the tires, and other pertinent information. For Florida personal injury attorneys, ECMs can be vital in determining negligence on the part of drivers, truck manufacturer’s and truck owners.

Originally, ECMs were designed to protect truck manufacturers from bogus warranty claims made by owners. The devices were meant to show any evidence of driver or owner abuse, so that manufacturers could protect themselves against claims of product defects. Now, however, ECMs are often used by victims who have sustained personal injuries as a result of trucking accidents. Attorneys can use the information in ECMs to compare against a driver’s account of events.

After a trucking accident, it is important to quickly secure an ECM and its information. ECMs only record so much information. If a truck is driven after an accident, there is a risk that previous data will be erased and recorded over. Some states make the ECM information the property of a trucking company. This may mean that a trucking company can legally erase ECM data or even destroy an ECM after an accident. In states with such laws, it is important to get a court order to secure ECM data.

In addition to securing information from an ECM, there are other sources of information that attorneys can gather. Professional truck drivers must keep logs of distances traveled and trucking companies are expected to keep information about truck repairs and drivers hired. In addition, trucks must report to trucking weigh stations and data from these stations can often be gathered through court order. In addition, some trucking companies use a cab electronic module. This device records information about deliveries and dispatch and may contain information about a vehicle’s performance, maintenance, and number of hours on the road.