Florida
Trucking Accident Lawyer Blog

In trucking accidents, one of the most common types of non-fatal injuries sustained is the back injury. The violence of the collision between a truck and a passenger car usually causes the bodies of the car’s passengers and the truck’s driver to move very suddenly and violently, creating prime conditions for a variety of back problems.

One of the most common types of back injuries sustained in a trucking accident is the lumbar injury. This type of injury affects the lower middle of the back area, known as the lumbar area. Lumbar injuries prevent regular movement and can make work and normal activities very difficult for patients. Lumbar injuries are also very painful and in many cases doctors cannot tell patients when signs of improvement may be expected.

Another type of back injury common in truck accidents is the spinal cord injury. This type of injury affects the spine and may involve damaged bones, muscle, nerves, nerve endings, or cartilage. Many spinal cord injuries result in paralysis and are permanent.

A back injury results in severe pain and suffering. Both spinal cord injuries and lumbar injuries require extensive (and expensive) medical care as well as ongoing physiotherapy. Occupational therapy and other long-term ongoing rehabilitation treatments, some of which are not covered by insurance. Most back injury patients lose significant income because of treatment and because they cannot return to work activities for extended periods of time. A good Florida personal injury attorney can be useful in this regard, helping patients recover financial resources which can assist in paying for treatment.

Lumbar injury patients face special challenges. In some cases, lumbar injuries are hard to quantify by medical science. The patient experiences pain but doctors do not yet have the tools to always prove an injury has taken place. This can cause insurance companies to become reluctant in offering needed and deserving compensation. A good attorney is often essential when handling these negotiations.

Patients with spinal cord injuries also often face special challenges. Patients who have sustained permanent spinal cord injuries as the result of a trucking accident may not be able to return to work, may have to have life-long therapy and assistance for everyday tasks, and may need to completely modify their homes and cars to make them accessible. In many cases, insurance providers routinely underestimate the total amount of all these costs, leaving patients with less money than they need. A good attorney is essential to protect the patient in these cases.

Trucking accidents cause over 80,000 non-fatal personal injuries each year. Some of these injuries include burn injuries, which are among the most difficult injuries to sustain. Burn injuries occur when a truck is carrying a flammable substance which ignites when the truck is in a collision. A truck may also experience a fuel fire or a battery fire in a crash, causing burn injuries.

Due to the size of trucks, burn injuries sustained from these accidents tend to be severe. Fires can spread very quickly from the truck to any flammable substance on the road. Any substance contained in the truck can also ignite. Obviously, truck drivers can be susceptible to burn injuries if their truck catches fire and they cannot escape the cab in time. However, passengers of nearby cars involved in a collision may also be burned as fire spreads quickly. Even pedestrians may be affected.

Burn injuries sustained in a trucking accident can be fatal. Even if they are not, they can lead to lifelong scarring. For many people, this is very challenging as it can lead to on-job problems, depressions, relationship issues, and other problems. Some people who sustain serious burn injuries feel uncomfortable leaving the house and may initially want to isolate themselves. They may have feelings of sadness or anger. In cases where the burn injury reaches the tissue, bone, and muscle, a burn injury can cause extreme pain, loss of mobility, and may require years or physiotherapy.

Traditionally, there are three ways of classifying burn injuries:
1) First degree burn injury. This most mild form of injury usually involves damage at the outer skin layer only. However, even with this relatively mild form of injury, there may be scarring, the risk of infection, time lost from work, and other problems for the patient.

2) Second degree burn injury. In this type of burn injury, the top layer of skin as well as the top layer of tissue are damaged. Usually, this type of injury will require some cosmetic surgery or treatment as scarring usually results. This type of injury may be quite painful and patients may need to miss time from work.

3) Third degree burn injury. In this most severe injury, layers of tissue under the layer of skin may be affected. This form of injury may require ongoing treatment and therapy as the patient may lose some sensation or even mobility in the affected area. This burn injury tends to be quite painful and requires intensive treatment, requiring considerable time away from work. This type of injury virtually always results in heavy scarring and may require a series of cosmetic treatments to fix.

Head or brain injuries sustained in a trucking accident can be dangerous or even fatal. Any truck accident involving a passenger car can cause a passenger in the car to be thrown about inside the vehicle. Being violently tossed about in an accident can cause the brain to crush up against the skull, causing damage. If the truck collision causes a passenger to smash their head against the interior of a car, the skull can crack or sustain other injuries.

What is insidious about head injuries is that they can be hard to detect. Someone may feel perfectly fine after a trucking accident and assume they have no personal injuries, only to be in severe distress only hours or days later. Some victims pass away because they delay treatment, assuming that all is well. It is essential to get a full physical examination after a trucking accident, even if you feel fine. If you have bumped or hit your head, you need to be examined for a possible concussion or other trauma.

In most car accidents and truck accidents, the most common type of head injury is the concussion. This occurs when swelling and bruising occur on the brain due to trauma. Concussions can be hard to diagnosis, because some patients do not show clear signs of symptoms. Some patients show symptoms immediately. Immediately after an accident or soon after an accident, a patient may show signs and symptoms such as:

*Confusion
*Feelings of deep fatigue or sleepiness
*Nausea and/or vomiting
*Dizziness
*Difficulty speaking
*Vision problems
*Headache or pain in the head or neck area

However, even if you do not display such symptoms, it is a good idea to get a full physical exam to ensure that you do not have a concussion. Even if you do not have the above symptoms after a car accident, you may still have a concussion. For some patients, symptoms are delayed and may appear hours or days after an accident. Delayed symptoms may include:

*Difficulty concentrating
*Amnesia or loss of memory
*Sleep disorders
*Depression or anxiety
*Sensitivity to noise and light

If you have sustained a head injury in a trucking accident and begin to display these symptoms, seek medical help at once. It could be an emergency. Seek help even if you have been given a clean bill of health by a doctor. You may still have a concussion.

Did you know….

*In 2006, 4,732 large trucks were in fatal accidents, costing 5,000 lives

*In 2006, large trucks resulted in 85, 984 personal injuries across the nation in 135,741 non-fatal accidents

*According to researchers, the heavier the truck, the more likely it is that the truck will cause fatalities if it is in a trucking accident

*Most trucking accident fatalities – 55%, in fact – are caused by rollovers.

*Trucking accidents can cause serious burn injuries as a result of battery fires or fuel oil fires in an accident

*A half empty tanker has a much higher risk of rollover than a fully loaded semi, since the substance in the truck can slosh, resulting in a rollover.

*Passenger car drivers are at fault in trucking accidents about 56% of the time and truck drivers are responsible at least 44% of the time, according to research conducted by the Federal Motor Carrier Safety Administration

*A truck takes three times the distance to stop as a passenger vehicle, which is why experts urge all drivers to give trucks more room

*Fully loaded commercial trucks can weigh up to 80,000 pounds

*Many commercial trucks have a “black box” -- Commercial trucks made in the US after the 1990s generally have what is known as an Electronic Control Module (ECM), which is similar to the black box on an airplane

Due to the sheer size and force of the vehicles involved, trucking accidents tend to be devastating. They are more likely than passenger car accidents to result in loss of life and trucking accidents also tend to cause serious personal injuries – including permanent spinal cord injuries, amputations, burn injuries, and other injuries – as well as significant property damage.

After a trucking accident, it is common for insurance companies to be very reassuring. The insurance providers covering trucking companies, in particular, often seem helpful, offering instant contracts to sign to ensure that compensation is doled out quickly. While it may be tempting to deal with only the trucking company’s insurance provider, if you have been in a serious trucking accidents and have lost a loved one or have suffered severe injuries, it is vital to seek professional help independently.

The first type of professional help you will want to seek is professional health care. Visit the best doctor, hospital, clinic, or specialists you can. Even if you don’t think you have been seriously injured, keep in mind that seemingly small and innocuous injuries and mishaps can have life-long permanent effects. That twinge in the back after an accident may become a life-long disability as well as a recurring source of pain. A bump on the head may be an asymptomatic brain injury. Without a thorough medical examination, there is just no way to know. Err on the side of caution and visit a qualified doctor of your choosing first. Keep a journal and take photos of any injuries and make sure that you retain copies of all medical records.

The second professional you should consult after a serious trucking accident is a personal injury attorney. A good Florida attorney can negotiate with insurance providers on your behalf, so that you are assured of getting a fairer offer and settlement. An attorney can also reconstruct the accident, determine responsibility, and calculate the total costs to you of an accident. With an attorney’s help, you can protect your rights after an accident and seek all the compensation you are entitled to under the law.

Professional help is also often needed to restructure your life after an accident. If you have sustained a serious head injury or spinal cord injury, for example, you may need a professional occupational therapist in order to help recapture some of the mobility and some of the activities you enjoyed before the accident. Professional therapists may be needed if you – like many truck accident victims – feel depressed or anxious after the accident. Again, a qualified personal injury attorney can help ensure that you have the resources for all this help.

Seeking professional help after an accident helps not only you, but other possible victims as well. If your accident was caused by product defects or negligence, a thorough investigation can find this out and can hold those responsible liable. This can help encourage change, which can ensure that others are not hurt in the same way.

In 2006 alone, the FMCSA (the Federal Motor Carrier Safety Administration) reported that large truck accidents caused 4 321 deaths and 77 000 personal injuries. That same year, 287,000 property damage claims were filed as a result of trucking accidents. Although many people believe that all vehicle accidents are the same, there are many important differences between car accidents and trucking accidents:

1) Severity. Trucking accidents are far more likely than car accidents to result in fatalities, serious property damage, and significant property damage. They are also more expensive and more complicated in legal terms, since more parties are involved. Trucking accidents are also more challenging to settle, often because many parties and insurance carriers are involved.

2) Fuel fires. Trucks are more likely than cars to catch fire, since trucks sometimes carry flammable materials. As well, trucks run on diesel fuel, which can ignite if this fuel comes into contact with battery spark. Trucking accidents resulting in fires often lead to serious burn injuries and fatalities.

3) Jackknifing. Jackknifing occurs when one vehicle hits another at an angle. Trucks may have their brakes de-powered or disabled, which increases the risk of jackknifing. As well, the consequences of jackknifing are far more severe in trucking accidents than in car accidents. In car accidents, jackknifing can result in serious injuries, but two cars are generally of similar size. When a truck jackknifes a car, however, it is very likely that the car will be crushed and all occupants killed.

4) Braking problems. Brake problems are a more frequent issue in trucking accidents than in car accidents. Trucks, unlike passenger vehicles, use air brakes, and these brakes have a heat limit. If truck brakes overheat – often because they are set incorrectly or because a truck is driven incorrectly – the brakes may fail.

5) Rollover accidents. Trucking accidents are far more likely than car accidents to result in rollover. This is because trucks have a higher center of gravity, making it easier for them to tip over and roll. As well, heavy loads and incorrect load distribution can make trucks vulnerable to rollover accidents.

Trucking accidents have been on the rise over the past twenty years, according to FMCSA (the Federal Motor Carrier Safety Administration) and in a typical year nearly 5000 people lose these lives in trucking accidents. Another 130 000 people a year sustain serious injuries, such as brain injuries, amputations, spinal cord injuries, and other serious injuries. Truck accidents are also more likely than car accidents to result in serious personal injuries, substantial property loss, and fatalities.

After a trucking accident, it is often far more difficult to assign liability or responsibility. Unlike car accidents, trucking accidents often involve multiple parties – the driver of the car, the truck driver, the owner of the truck, the company renting or managing the truck. In addition, some trucks consist of a cab and trailer owned and managed by separate companies. In many cases, a truck is leased from an owner, so that the leasing company may be held partly liable. The shipper or loader of a truck may also be held liable if a load was incorrectly secured. Finally, the manufacturer of the truck or various truck parts may also be held partly responsible for a trucking accident.

There are many regulations and laws which determine who is responsible or liable in a trucking accident. Title 49 of the Code of Federal Regulations outlines most of the federal legislation governing trucks. However, the Federal Motor Carrier Safety Administration (FMCSA), state laws, and the U.S. Department of Transportation (DOT) also govern the trucking industry. Determining which party may have violated some laws or regulations usually requires the services of a savvy and experienced personal injury attorney.

Often, after a trucking accident, no one wants to take blame. The leasing, hauling, and trucking companies often engage in finger-pointing, as none want to use their insurance company to pay the person who has sustained injuries. For instance, the leasing company may blame the owners of the trucks for renting a poorly-maintained truck. The owner of the company may blame the manufacturer of the brakes, claiming the brakes are defective. The manufacturer may blame the loader, claiming a truck was overloaded. While these parties argue amongst themselves, the victim recovering from serious loss and injuries usually has no recourse to financial help to cope with growing medical bills.

Years ago, trucking companies created barriers between themselves and drivers by hiring drivers through contractors and by leasing trucks through other companies. In the event of an accident, the trucking company could claim that the driver is not one of their employees and that the truck was not their property. In this way, trucking companies hoped to avoid some liability. However, today’s federal laws do not permit this sort of slight of hand. Now, every time a company places its name or placard on that truck, the company is responsible for the truck, regardless of whether the truck and driver are directly associated with the company or not.

Another issue when determining liability in a trucking accident is the gathering of evidence. Due to the damage a truck accident causes, some evidence may be lost. Laws require certified truck inspectors to gather evidence and inspect trucks involved in accidents immediately. Trucks today also use “black boxes,” much like planes, which gather crucial evidence. These rules allow investigators to gather more evidence about accidents. As well, many Florida personal injury attorneys work closely with private investigators who are experienced in accident reconstruction and other techniques which are useful in gathering evidence and facts after an accident.

Trucking accidents cause many deaths each year. In fact, according to Road Safe America, highway accidents claim more than 42 000 lives each year. This is equivalent to the amount of people who would fill 200 commercial airliners. In fact, in order for aviation accidents to have the same death rate as highway accidents, there would have to be more than 16 aviation accidents involving commercial airlines a month.

These statistics do not even take into consideration the many personal injuries which trucking accidents cause. Trucking accidents often cause brain injuries, amputations, spinal cord injuries, broken limbs, burn injuries, and other serious injuries. This is above and beyond the financial and property damage such accidents inflict. For many survivors “lucky” enough to escape fatalities in a trucking accident, life-long injuries are the result.

Stephen C. Owings helped found Road Safe America, an advocacy group which aims to prevent trucking accidents. Owings believes that we are far more lax about traffic safety and trucking accident prevention than we are about airline safety. Partly, he feels this is because we have become immune to the many news stories about such accidents. Research seems to prove him right. According to Dr. Linda Degutis of the American Public Health Association, studies show that most Americans do not believe that highway accidents are preventable.

Research has also suggested that in order to make roads safer, we need to focus on commercial trucks specifically. According to studies conducted by the U.S. Department of Transportation, trucks weighing more than 26,000 pounds account for 20% of all multi-car fatal accidents, even though these large trucks constitute only 1% of all vehicles on the roads. These trucks cause 5,000 fatalities and more than 100,000 injuries each year. Simply reducing the accidents involving these trucks can considerably reduce traffic fatalities and injuries. However, again, few people see large commercial trucks as a serious problem.

Some people – including Stephen C. Owings – believe that the answers are simple. Simply setting speed governors on heavy trucks to 68 mph or slower, they believe, will have a big impact on truck accidents. All trucks have been equipped with speed governors since the 1990s. Ensuring that these devices are used to slow trucks down even more, advocates argue, will mean safer roads.

In Japan, Europe, some of Canada, and Australia, speed governors on trucks are set to 68 mph or below for heavy trucks. However, some advocates of the plan note that a lax attitude is preventing similar legislation here. Lawmakers are simply too caught up in other issues to pay attention to a problem that has claimed so many lives.

In trucking accidents, passenger vehicle drivers and truck drivers both have a duty to prevent accident. After an accident, it is typical for passenger vehicle drivers to blame truck drivers and for truck drivers to blame car drivers for an accident. Research has suggested that both truck driver error and passenger car error contribute to car accidents involving trucks.

For passenger car drivers, the main error involve not paying due attention to trucks. Some drivers simply do not exert special care around trucks. Common passenger car driver errors include:

1) Rapid lane changes near a truck. A truck cannot stop as quickly as a passenger car. Any sudden movements near a truck can cause an accident, since the truck needs extra time to move or stop.

2) Driving for extended periods of time in the truck’s blind spots. Large trucks have many blind spots – such as beside the truck and behind the truck. While it may be necessary to drive very briefly in these areas, you will want to get out of these “no-zones,” as they are called, as quickly as possible. If you cannot see the driver in his or her mirrors, the driver cannot usually see you.

3) Incorrect turns near a truck. When a truck is making a right turn, you should not be to the immediate right of the truck. Your car may be crushed or forced off the road if you are. Making a left turn in front of a truck can also be dangerous if you don’t give the truck enough time to slow down and stop.

4) Driving between large trucks. Driving between large trucks is not only scary – it is dangerous. When surrounded by large trucks, the passenger car driver often cannot see enough of the road to anticipate and respond to road conditions. Being stuck between two trucks also usually means being in the trucks’ blind spots.

Of course, truck drivers also have a responsibility to keep roads safe. There are a number of driver errors that truck drivers make which contribute to trucking accidents:

Continue reading " Car Drivers and Truck Drivers Both Have a Responsibility to Keep Roads Safe " »

If you have been in a trucking accident, you need a good Florida personal injury attorney. A qualified Florida personal injury lawyer can help you negotiate with insurance providers and can help you get the full amount of support you are entitled to under the law. If you have sustained a serious brain injury, burn injury, amputation, or other loss, a good attorney can help ensure that you get the full support you need to recover fully. Even if you think you do not need an attorney, you do. Without a good attorney, you are likely to get less support than you will need.

Finding a good Florida personal injury attorney usually begins with getting some recommendations. If you do not know anyone who has worked with a personal injury attorney, you may need to speak with an attorney yourself. Most attorneys offer a free initial consultation. This is a very useful way to get to know an attorney and to get some preliminary legal advice. When speaking with an attorney during your consultation, look for the following characteristics of a good attorney:

1) Experience. A good Florida personal injury attorney is one who has experience in the type of trucking accident you have experienced. Most attorneys will be happy to tell you about relevant experience they have. Look for a professional who has succeeded in the types of cases which are similar to your accident. You can also ask for referrals to speak with previous clients of an attorney. This will help you understand how happy past clients have been with the attorney.

2) Caring. A good Florida personal injury attorney really cares about your well-being. They offer advice about your finances, medical treatments, and legal situation, as needed. They help you understand your legal rights and want to help you do the right thing.

3) Listening skills. A good Florida personal injury attorney listens to your concerns, needs, and wants and addresses them. He or she does not pressure you to take an action you don’t feel comfortable taking. A good attorney also returns your calls and makes time to address your concerns in full.

4) Good planning skills. A good Florida personal injury attorney has a specific plan or several possible plans for dealing with your situation. He or she usually has resources such as private investigators to help you understand the truck accident and to help gather evidence. He or she is ready to move quickly to secure evidence you will need in the case.

After a trucking accident, getting back behind the wheel of a vehicle can be scary. In addition to the physical personal injuries trucking accidents cause, these accidents also cause trauma. It is not unusual for victims to experience insomnia, panic attacks, and other serious emotional upheavals and stresses after a trucking accident. Getting back into a car or truck is often difficult both for truck drivers and passenger car drivers who have been in a trucking accident. Here are a few ways drivers can make the transition less stressful:

1) Don’t rush it. For the first while after a trucking accident, consider taking public transportation, taxis, or relying on carpooling. Getting back behind the wheel too soon can spark fears, panic attacks, and other stresses. Allow yourself to heal fully – both physically and emotionally – before attempting to drive again.

2) Seek medical help. Make sure that you get a full physical by a qualified doctor after your accident. Keep in mind that some injuries -- such as spinal cord injuries, whiplash, brain injuries, and even deep burn injuries – may affect your ability to drive. Discuss driving with your physician and ask when it is physically safe for you to resume driving.

3) Talk to an attorney. Speaking to a Florida personal injury attorney is often cathartic for many truck accident victims. A good personal injury attorney can help you understand what has caused an accident. This can help you feel more in control and more able to understand the accident. An attorney can also help ensure that you don’t blame yourself if an accident was not your fault.

4) Talk to a therapist or counselor. If it has been a few weeks and you still feel anxious or nervous, speak to a counselor or qualified therapist. These professionals are here to help and they can help you sort out your conflicting feelings about the accident and about driving.

5) Start slow. Avoid taking a long car trip soon after a trucking accident. Instead, start with very short drives along familiar streets and build your way up to longer drives. If you start to feel panic, pull over and wait for the feeling to pass before driving back home. Wait until you feel comfortable with short drives before attempting longer drives.

Trucking accidents often cause a great deal of suffering, personal injury, and property damage. Due to the size of most commercial trucks, a trucking accident involving such a vehicle often leads to fatalities, serious brain injuries, spinal cord injuries, permanent disability, amputation, and other serious injuries. As well, property damage is a common occurrence in trucking accidents. In many cases, when a car accident involves a truck, the passenger vehicle in the collision may be completely destroyed. A trucking accident may also cause serious damage to roads and roadside property.

Long after an accident has taken place and injuries from the accident have been treated, however, emotional trauma can continue. When we talk of trucking accidents, we often speak of the physical damage, personal injuries, and physical effects of the accident. However, the emotional scars of the accident can last as long and can be just as devastating. There are many effects of emotional trauma:

1) Difficulty driving. Survivors who have been in a trucking accident may have a hard time getting back behind the wheel. They may feel anxious or fearful of driving again, worried that they may be in another accident. Both truck drivers and passenger car drivers may experience difficulties resuming driving and may worry about their role in an accident. Some survivors even have trouble being in any moving vehicle after a truck accident, experiencing motion sickness and panic.

2) Anxiety, fear, and stress. Many people experience severe stress and fear after an accident. This may cause insomnia, difficulties in concentrating, and other related symptoms. Some survivors of a trucking accident experience panic attacks or nightmares as a result of their fears.

3) Anger. Many survivors of trucking accidents experience deep anger as a result of their accident. They may blame themselves or someone else who they think has caused the accident. They may be frustrated and angry that they have been injured or have lost a loved one in an accident. Even non-fatal trucking accidents often precipitate trauma and grief, and anger is a part of the grieving process.

4) Social problems resulting from an injury. Some survivors of trucking accidents have a hard time with their relationships after their accident. If someone has sustained a serious injury, this might be a very isolating experience, as the victim spends considerable time in the hospital away from usual activities. Many victims also experience a roller coaster ride of emotions after an accident and these emotions can put a strain on relationships.