Florida
Trucking Accident Lawyer Blog

Most of us think of allergies as nothing more than a slight bother. They mean sniffles, a red nose, swollen eyes, and maybe some sneezing. For truck drivers, however, allergies can pose a serious health risk in a number of ways:

1) Allergies distract a driver from the road. When drivers are sneezing or having a more serious allergic reaction, they are often unable to give full attention to the road. This, in turn, creates a risk of bicycle accidents, pedestrian accidents, and truck accidents, as drivers are unable to focus on the obstacles in front of them. A driver with allergies can mean that everyone sharing the road with that driver is at risk.

2) Allergy medication often induces drowsiness. Many over the counter medications designed to ease the symptoms of an allergy also produce feelings of drowsiness. Taking such medications can cause drivers to fall asleep at the wheel or to become so drowsy that their driving is affected. It is important for truck drivers to check their medication carefully to ensure that it does not cause drowsiness.

3) Serious allergies can cause life-threatening reactions. In rare cases, allergies can cause a severe rash, racing heart beat, and trouble breathing. These serious allergies are life-threatening. If they occur to a truck driver on the road, they can cause the driver to lose consciousness and lose control of his or her vehicle. This can easily lead to accidents and collisions with other vehicles on the road.

By law, truck drivers are required to get physical examinations to ensure that they are fit to drive a truck safely. However, some drivers “doctor shop,” meaning that they visit different physicians in order to get a clean bill of health. Unfortunately, this can be a great danger on the road if serious conditions, or even relatively minor conditions such as allergies, are left undetected and untreated.

Some truck drivers are fearful about getting proper physical examinations because they worry that a diagnosis could harm their income or employment. However, even letting relatively minor conditions such as allergies go untreated and undiagnosed can increase the likelihood of pedestrian accidents, truck-car accidents, and other types of potentially fatal collisions.

All truck accidents are tragic and often result in fatalities and serious personal injuries. However, when a car or truck accident causes injuries to minors and children or kills a young child, it is especially tragic. Unfortunately, children are uniquely vulnerable to truck accidents and car accidents.

Children often play outside, where trucks may be backing up. Because children are small, truck drivers may often not see them in time. As well, children often do not pay attention to or understand the auditory signals trucks make when backing up. They may simply not know enough to get out of the way. Some children may in fact approach trucks out of a sense of curiosity, not comprehending the hazards of trucks. There are many things that parents can do, however, to keep their children safer:

1) Teach your children safety around trucks. Teach your children to keep away from trucks and teach them about the auditory signals trucks have. Show your children what to do when a truck approaches. The more your children know, the better prepared they are to be safe.

2) Teach teen drivers to use extra caution around trucks. Young drivers often learn to drive on quiet streets. While this is useful in helping new drivers learn about the basics in a quiet, safe environment, it does not allow new drivers to learn how to share the road with trucks. Make sure that your teen’s driving course teaches them how to drive safely around trucks and make sure that your driver’s course teaches them how to drive defensively.

3) Do not let your play in the front yard or driveway unsupervised. Trucks may pull up to your front yard regularly. For example, garbage trucks may stop in front of your home to collect your garbage and delivery trucks may also make stops in your front yard. Your child may inadvertently get too close to these vehicles. Keep children away from these areas, in fenced-off yard areas, or ensure that they are well supervised.

4) Teach children proper bicycle safety. Younger children are most likely to encounter trucks when riding their bicycles. Bicycle accidents involving trucks are almost always fatal, which is why it is crucial to teach your children how to share the road with trucks. As well, encourage your children to stick to bicycle lanes and bicycle paths, where they will be safer.

A new study out of Harvard, published in the Journal of Occupational and Environmental Medicine, has suggested that mandatory screenings for obstructive sleep apnea (OSA) and banning of doctor shopping can help prevent truck accidents and bus accidents caused by driver fatigue. The Harvard researchers also linked obesity to OSA and suggested that testing at-risk drivers more often can also help prevent vehicle accidents.

Stefanos N. Kales, the Harvard Medical School professor in charge of the study, noted that as America’s obesity rate increases, the rate of obesity among commercial truck drivers is also growing. Obesity can lead to a number of serious conditions, including OSA, which can affect a driver’s ability to drive safely. Kales notes that truck drivers with OSA, in particular, are far more likely to fall asleep at the wheel when compared with drivers without the condition. Kales’ research also uncovered that many truck drivers avoid treatment for OSA and even underreport symptoms.

OSA is a condition in which a patient does not get a restful sleep due to breathing difficulties during sleep. In the most common situations, the OSA causes a patient’s breathing to catch and effectively causes the patient to wake briefly but very frequently during the night. This results in daytime sleepiness and even a tendency to fall asleep suddenly during the daytime. OSA also increases the risk of cardiac disease, high blood pressure, and diabetes mellitus, all of which can also affect driver performance.

Obviously, this is a risk for truck drivers. According to Dr. Kales and his team of researchers, OSA increases the risk of a car accident, truck accident, or other vehicle accident twofold to sevenfold. In addition, OSA is very common among truck drivers. Kales believes that between 2.4 million and 3.9 million of the licensed commercial drivers across the country suffer from OSA.

Despite the frequency of OSA, however, it is an often under-diagnosed condition. Kales and his researchers found that many primary care doctors miss the symptoms of OSA. They also found that many truck drivers under-report their symptoms. Kales and his researchers examined 456 commercial drivers and found that 17% had symptoms or signs indicating possible OSA. Most of these drivers were obese, older, and had high blood pressure. 53 of the drivers were referred for further testing and studies, but 33 did not comply, while 20 who went for testing all were diagnosed with OSA. Of the 20 drivers with known OSA, only one driver sought treatment.

Kales believes that a significant number of truck drivers with OSA or suspected OSA seek medical certification from doctors who do not screen for OSA. By doctor shopping, they are able to avoid a diagnosis or mandatory treatment that might affect their jobs. Unfortunately, this means that a number of commercial drivers are on the roads with poorly treated or untreated OSA.

The Federal Motor Carrier Safety Administration has considered mandatory sleep apnea screening for all drivers with a body mass index (BMI) which indicates obesity. Currently, there is no mandatory screening for OSA in particular, but commercial truck drivers are required to undergo medical certification. Some truck companies, such as Swift Transportation Corp. of Phoenix, screen their drivers for OSA and pay for treatment and monitoring.

Truck driving accidents involving fatigued or sleepy truck drivers are unfortunately still too common. They are also a major cause of car accidents involving trucks. When a truck driver is sleepy or fatigued, he or she has slowed response times and may not react in time in order to avoid a collision. In the worst case scenario, a sleepy truck driver can fall asleep at the wheel and cause car accidents, pedestrian accidents, or collisions with other trucks after losing control of the vehicle.

There are regulations which dictate how long truck drivers can drive before taking a break or rest. While these laws can help prevent some truck accidents caused by fatigue, these laws are far from fool-proof. In some cases, truck companies pressure drivers to drive for excessively long periods of time in order to meet deadlines. In some cases, drivers themselves ignore break and rest regulations because they wish to earn more money. Even in cases where truck drivers obey the laws and take breaks as prescribed, this may not be enough to prevent driver fatigue and resulting accidents.

There are also many conditions which can contribute to driver fatigue. Even rested drivers may be prone to fatigue if they take certain medications or suffer from certain conditions. Hot, muggy days, poor sleep and even heavy meals can contribute to feelings of sleepiness and fatigue which can impact how well a truck driver drives.

Truck drivers should take breaks when they are tired, not only when their guidelines tell them to. There are many drowsiness that truck drivers should be alert to. Any of these signs could indicate a dangerous level of drowsiness:

1) The driver yawns frequently. Yawning is an early sign of fatigue or lack of oxygen. If opening the window and getting some fresh air does not help, it is time for a rest.

2) The driver day dreams or has a mind that wanders. When bodies get worn down, so do minds, and minds react by wandering or day-dreaming. Not only is daydreaming a sign of dangerous fatigue, it is in itself a dangerous form of distraction that can easily lead to a truck accident.

3) The driver makes mistakes while driving. A truck driver who slows down and speeds up randomly, who wanders to the edge of the road, or wanders over the center line is making driving mistakes which could easily prove fatal. These are the signs of a dangerously fatigued or distracted driver. If you are driving behind such a driver, contact the authorities. If you are a truck driver and notice such mistakes in your own driving, pull over and rest immediately before an accident takes place.

4) The driver feels stiff or drained and feels that his or her eyes are getting heavy. When we are tired and ignore the body’s impulse to rest, our muscles eventually start to feel sore and our eyes get heavy as our body starts to shut down to compel us to rest. If a truck driver has these symptoms, it is time to pull over.

5) The driver cannot remember the last few minutes or seconds of driving or cannot remember the last few miles. This is really the danger zone, because if a truck driver cannot remember the past few seconds or miles, chances are good that he or she has fallen asleep at the wheel. When a driver ignores the impulse to rest, the body eventually shuts down and pushes the driver into small mini-sleeps, some lasting only a few seconds. This is an emergency situation, because during these small micro-sleeps, the driver loses control of the vehicle and can easily cause an accident.

Truck driver fatigue continues to be a major cause of trucking accidents. Even though truck drivers are strictly regulated in terms of rest time and maximum number of hours on the road between rests, trucking is still a stressful job and some companies pressure truck drivers to ignore rules. As well, long hours on the road are draining, even with frequent breaks for rest. In some cases, insomnia, sleep apnea, or other conditions or illnesses make a driver tired – and dangerous – on the road. There are many things that drivers can do, however, to reduce accidents due to fatigue:

1) Take breaks when needed. Although breaks are regulated in the trucking industry, truck drivers can stop any time they wish on the road – as long as they rest the minimum amount prescribed by regulations. Many truck drivers push on until the next stop or rest, even if they are tired. Resting when needed – even for a few minutes – can prevent accidents and the personal injuries they cause, though.

2) Get regular check ups. If an office worker falls asleep at his or her desk due to an illness, his or her pride may be a little hurt. If a truck driver falls asleep at the wheel, the consequences are far more dire. Trucking accidents have a high rate of fatalities and also often lead to brain injuries, spinal cord injuries, amputations, and other serious injuries for survivors. Regular doctor’s visits can ensure that no conditions or illnesses are creating a hazard on the road.

3) Eat well. Heavy foods – especially starchy foods and carbohydrates -- can induce a state of sleepiness. Big, heavy meals traditionally make us feel tired. Few people, for example, feel at their best or most alert after a big Thanksgiving dinner. Eating smaller portions of healthful foods promotes good health and can help prevent fatigue.

4) Use extra caution during dangerous trips. Driving early in the morning and late at night is more dangerous than driving during the day, since our bodies are naturally more tired and drowsy at these times. Unfortunately, truck drivers often have to drive during these times in order to meet deadlines. Being extra careful and aware of the dangers of sleepiness at these times can be helpful.

5) Avoid controlled substances while driving. Obviously, any amount of alcohol must be avoided when driving. Even one drink – even if it does not put a driver over the blood alcohol limit – can create feelings of sleepiness. However, even over-the-counter medications can create drowsiness, which is why it is important to read labels. Even smoking can be a problem, as it can affect night vision.

6) Create alert conditions. Drivers can open windows for fresh air or use air conditioning to create a cool atmosphere. Most people are less sleepy in a cool atmosphere than in a warm one. As well, playing lively music and sitting up straight may help prevent drowsiness.

Everyone on the road has a responsibility to help prevent trucking accidents. Trucking companies are responsible for maintaining their trucks and for driving and training their drivers. Passenger car drivers have a responsibility to drive safely so that all vehicles can be safe on the roads and so that car accidents can be prevented. Truck drivers have a responsibility to abide by regulations regarding safe truck driving.

Pedestrians, too, however, have a responsibility to help prevent accidents. Unfortunately, in some cases, pedestrians feel that they can ignore some of the basic rules of the road. When pedestrians fail to exercise caution around larger trucks, pedestrian accidents can easily occur. Since pedestrians are so much smaller than trucks, truck drivers may simply not see them in time to react. Pedestrians especially tend to commit a few specific errors around trucks:

1) Trying to get around trucks. Passing a truck is risky, whether you are in a vehicle or walking. Some pedestrians assume that they have time to quickly zip around a truck. Misjudging the speed of a truck, however, is usually a fatal mistake. If you need to walk around a truck that has an engine running, make sure that the truck is not about to back up. Make eye contact with the driver to ensure that they can see you.

2) Pedestrian distractions. Much has been written about driver distractions in recent months and new legislation has been passed to keep some drivers and all truck drivers from driving while distracted by mobile devices. However, pedestrians continue to use mobile devices, headphones, and other distractions while jogging, walking, or bicycling. Unfortunately, these kind of distractions also affect pedestrians. Distracted pedestrians are less likely to notice auditory warning signals from trucks, for example, or lights indicating that a truck is about to back up.

3) Jaywalking or walking in non-pedestrian areas. Construction areas, truck stops, and other areas with trucks are dangerous areas for pedestrians. Truck drivers may not be expecting pedestrians in these areas and therefore may not be watching for pedestrians. Jaywalking is a problem for the same reason – truck drivers may not be expecting to see pedestrians outside of crosswalks and may not be able to stop in time.

4) Not making eye contact. Trucks have many blind spots, and it is difficult to tell whether truck drivers can see you. If you are behind a truck or along the sides of a truck, a driver may not see you. Making eye contact with a driver is the surest way to make sure that a driver sees you.

Although truck accidents are often discussed in the media, there is one type of accident that still does not get much media attention: the truck accident involving suicide. Although it is hard for researchers to determine how many people commit suicide each year by stepping or driving in front of a truck, there is evidence that people do choose this method as a means to end their lives. Unfortunately, this method of ending their lives often leads to a truck accident that can cause serious brain injuries, broken bones, and unintentional fatalities to others.

Persons who are severely depressed and prone to suicide will sometimes drive in front of a truck in order to take their lives. Researchers believe that drivers rely on the deadly force of a truck to take their lives. It is not known how many car accidents involving trucks are suicides or suicide attempts, but researchers believe that in cases where a car is in an oncoming lane, for example, and does not move out of the way of a truck, these instances may be examples of suicide or suicide attempts. Studies have suggested that anywhere from 1.6% to 5% of vehicle crashes may be suicides or suicide attempts.

Another method people use in order to commit suicide is to walk in front of a truck on foot. In many cases, pedestrians step very suddenly in front of an oncoming truck and make no attempts to get out of the way. In many cases, researchers believe that these pedestrians know that the truck cannot brake on time and know that the impact will cause a fatal pedestrian accident.

Trying to commit suicide by stepping or driving in front of a truck can have serious results. In addition to the obvious result of a successful suicide attempt, suicidal drivers and pedestrians may survive the crash, and emerge severely injured. In addition, truck drivers may brake or stop suddenly, causing a secondary car accident or truck accident which claims a life or causes a severe injury to an innocent bystander or driver.

Many people who commit suicide by truck accident also cause severe distress for the truck driver involved. When a suicidal person steps or drives in front of a truck and is injured or killed, the truck driver often suffers extreme stress or trauma. Many truck drivers are unable to return to their jobs after such an incident and some relive the incident again and again in their minds. In many cases, such suicide attempts are especially cruel because they place the onus of the act on someone else – the truck driver – who is unable to stop the event and then suffers trauma because of it.

Unfortunately, in many cases, there are also many answers left after a truck accident caused by a suicidal person. There are many reasons why it is hard to determine which truck accidents may be caused by suicide attempts. In many cases, insurance considerations and the stigma of suicide make family members of the victim unwilling to share any information about the victim’s depression or suicidal thoughts. As well, if a victim does not leave a note, the physical evidence between a truck accident and a suicide attempt is not much different. In some cases, private investigators hired by personal injury attorneys have found that a suicidal driver applied pressure to a gas pedal rather a brake pedal, intentionally rushing at a truck. However, in many cases, such incidents rely on anecdotal or circumstantial evidence. One thing that is known in every case about these accidents: they cause everyone – including the victim’s family and the truck driver – a great deal of agony.

Fatigued drivers are one of the leading reasons for both car accidents and trucking accidents across the country. Tired drivers are more likely to make poor choices, drift into other lanes, and make mistakes while driving. One of the biggest risks associated with fatigued drivers, however, is the danger of falling asleep at the wheel. When truck drivers, especially, fall asleep behind the wheel, they lose control of a multi-ton machine which can cause severe damage and serious injuries in an accident.

Drivers are most likely to fall asleep early in the morning and the middle of the afternoon, when most fatigue-related accidents tend to happen. Researchers have also found that drivers are more likely to fall asleep on long stretches of monotonous roads, such as on long highways. Unfortunately, truck drivers are often forced to work in conditions which contribute to fatigue-related accidents. That is, most truck drivers must drive early in the morning as well as the afternoon in order to make deadlines. As well, truck drivers are more likely than car drivers to spend long periods on highways – where most drivers fall asleep behind the wheel – because truck drivers are often responsible for transporting goods between states and cities, making highways and freeways the most effective mode of transport.

Research from Tatung University in Taiwan has shown that drivers who frequently break up their driving with rest are less likely to be in car accidents. Researchers found that drivers who drive 80 minutes with no break are more dangerous on the roads than drivers who drive for shorter distances. Unfortunately, the very nature of truck transport usually requires that truck drivers drive for longer periods than 80 minutes without stops.

Some research has also suggested that irregular schedules can experience higher levels of stress and subjective fatigue. Unfortunately, many truck drivers have irregular schedules in many cases, as trucking companies have differing orders to fill. All these factors – long hours on monotonous highways, irregular hours, and working during peak fatigue times – can make truck drivers more susceptible to driver fatigue and falling asleep at the wheel. In fact, the National Transportation Safety Board (NTSB) has found that about 52% of single-vehicle truck accidents were related to fatigue. In about 18% of these cases, the truck driver fell asleep while operating the truck. About 20% of commercial road transport accidents involve driver fatigue. About 50% of long haul drivers have admitted to falling asleep behind the wheel.

When a truck driver falls asleep behind the wheel, he or she is more likely to run off the road. The driver is also more likely to enter an oncoming lane and collide with oncoming vehicles. Finally, a driver who has fallen asleep at the wheel will not stop for other cars and is at a high risk of rear-ending the car in front of them. In many cases, other drivers on the road may not realize that a truck driver has fallen asleep behind the wheel and therefore may not take evasive measures until it is too late.

In many cases, long before truck drivers fall asleep at the wheel, they notice signs of excessive fatigue. Symptoms such as yawning, a drifting truck, heavy eyelids, fidgetiness, irritability, jumpiness, daydreaming, and increasing or decreasing speeds can be a sign of driver fatigue. When any driver notices these symptoms, he or she should pull over and get some rest before continuing. Stopping when tired can help prevent a truck accident or another serious accident that can lead to fatalities and serious personal injuries.

In a car, drivers with road rage can cause serious injuries and damage. Research has shown that drivers gripped by strong, aggressive emotions while behind the wheel – the phenomena known as “road rage” – show poor response times, poor judgment, and often behave in aggressive and dangerous ways. Drivers who are gripped by road rage often ignore the rules of the road, speed, and drive aggressively or recklessly. They may verbally abuse other drivers or make threatening gestures. In rare cases, drivers affected by road rage may use their cars as a weapon to harm someone else.

When truck drivers are affected by road rage, the results may be much worse. The size and force of trucks – especially larger commercial trucks – are significant enough to cause serious damage if a driver loses control and drives recklessly or aggressively. Trucks are large enough to harm many people and damage many vehicles in a road rage incident.

There are many causes of driver rage. Truck drivers may exceed normal or accepted driving hours. Exhaustion can lead to anger and irritability, which can cause minor difficulties to escalate into instances of road rage. As well, some drivers may use illegal substances in order to meet hectic work schedules or may simply have anger management issues or even histories of road rage incidents. There are many reasons for road rage as there are drivers who experience the problem.

However road rage is caused, if a truck driver with road rage has caused an accident which has resulted in your injury, Florida law has provisions which allow you to recover for medical costs and related injury costs. Whether you have sustained a spinal cord injury, amputation, burn injury or other serious injury as a result of the truck accident, there are options for you. If you have sustained a serious injury in a trucking accident, your best option is to contact a qualified Florida personal injury attorney.

Since every incident of road rage is different, your Florida personal injury attorney will want to carefully examine the causes of an accident. What may seem like a simple case of driver road rage on the surface may actually reveal several liable parties and several contributing factors to the accident. For example, if a trucking company knew about a driver’s previous poor driving record, they may be held partially liable for the incident. A number of factors besides road rage may also have contributed to the accident. For example, tire defects or road conditions may have been at least partly to blame for an accident. Finding all liable parties allows your attorney to secure the fairest possible settlement for you.

We cannot control the actions or emotional states of drivers surrounding us on the highways. However, where truck driver’s actions can have such an immediate impact on your life and future, you do have every right to pursue every legal avenue open to you to ensure that you receive the best chance of recovery possible. In most cases, this means hiring a qualified attorney who can thoroughly investigate the trucking accident and give you the answers you need.

Pedestrian accidents involving a truck are almost always devastating. A pedestrian accident involving a car can easily result in life-threatening injuries such as brain injuries and spinal cord injuries, but the power of a truck is even less of a match for a pedestrian. Pedestrian accidents involving trucks are usually fatal. While trucking companies have an obligation to help prevent trucking accidents, pedestrians can certainly do their part to help prevent these devastating accidents. Here’s how:

1) Pay careful attention around trucks. Whether you are at a truck stop, trying to walk from your car to a restroom or are on your street when moving trucks are trying to offload furniture, stay extra alert. When you see trucks, put away your portable devices and music players and focus on getting to your destination safely.

2) Be careful in construction areas. At this time of year, there are many construction sites around every city. Whether you are trying to walk or ride your bicycle, trucking accidents, pedestrian accidents, and bicycle accidents are very common near and in construction areas. Quite simply, trucks, construction equipment, bicyclists, and pedestrians are not a good mix. Try to avoid construction areas while out walking. Cross the street if you have to. If you must walk through a construction area, make sure workers on the area can see you and walk through as carefully as you can.

3) Make eye contact with the truck driver. You cannot rely on the fact that a truck driver has seen you unless you make eye contact. If you cannot see the driver to make eye contact, you are likely in the driver’s blind spot, so move to where the driver will see you.

4) Listen for audio clues and look for visual clues when trying to get around a truck. Most trucks are equipped with audio devices, lights, and other cues to tell you when a truck is backing up. Never assume that you can just squeeze through before the truck backs up fully. Wait until the truck backs up and the driver waves you through.

5) Stay well clear of a truck. Since trucks are unwieldy and often move slowly in pedestrian areas, pedestrians sometimes get the idea that they can dash around trucks and could get out of the way quickly in the event that the truck moved. This is not always the case and each time you get too close to a truck you are taking a huge risk, especially when you consider that truck drivers likely cannot see you when you stand very close to their vehicle. Give the truck some added room and don’t assume you can move fast enough to move out of the way of danger.

If you have made a personal injury claim after being injured in a trucking accident, several things may happen. Your attorney may negotiate with insurance providers and possibly liable parties. In some cases, your case may need to work its way through the court system before a settlement is reached. This process can take months or even years, depending on your case, the evidence gathered and presented, and the parties involved. While your case is working its way through the court system, you will need to:

1) Communicate with your attorney. Hopefully, you will hire a qualified Florida personal injury attorney soon after your trucking accident to safeguard your rights. If you have done this, you will need to communicate effectively and openly with your attorney so that your attorney can help you pursue your case. Respond to your attorney’s requests for information as fully and promptly as you can to prevent delays in your case.

2) Focus on recovery. While you may be concerned about your personal injury case, you need to focus on recovering from your injury. Whether you have sustained a burn injury, brain injury, or other serious injury as a result of a trucking accident, seek the best care possible. Follow all doctor’s instructions and directions fully so that you can recover fully.

3) Carefully avoid anything that might harm your case. You may wish to discuss with your attorney what you can do to ensure that you get the best outcome possible for your case. For example, many personal injury attorneys caution personal injury attorney plaintiffs from social networking, as any items posted online can affect your case.

4) Learn as much about your case and injury as you can. Speak with your doctor and seek community resources – such as support groups, associations, and advocacy groups – to learn as much about your injury as possible. The more you know, the better you can make informed decisions about your care.

5) Create a financial plan. If you have sustained a spinal cord injury or other serious injury, you may not be able to return to work. At the same time, you may have substantial medical bills. While your attorney can help you secure a fair settlement that will compensate you for these expenses, you will also want to create a plan for trimming unneeded expenses and surviving financially as your case works its way through the court system.

If you have sustained a spinal cord injury, amputation, head injury, broken bone, burn injury, or another serious injury in a truck accident, you may feel very alone. Having a serious injury can feel very isolating. Worse, when you try to interact with insurance providers, the court system, trucking companies or the medical system (as you inevitably must after a serious truck accident), you may find yourself facing systems and companies with much larger resources than you. In some cases, you may feel like a mere number instead of a patient. In other cases – such as when you apply for an insurance claim – you may feel bullied by a larger company. Hiring a Florida personal injury attorney can help you and can level the playing field in trucking accident cases in a number of ways:

1) Attorneys can equalize the difference in resources between you and trucking companies. Trucking companies and insurance companies are generally huge companies with virtually unlimited resources. They can delay your case or claim until you are pressured to accept a lower settlement than you are entitled to. A Florida personal injury attorney working on a contingency basis uses his or her resources to equalize the playing field. With an attorney, you can afford to wait for a fair settlement.

2) Attorneys can investigate the accident. Most trucking companies and unions have excellent attorneys on retainer and these attorneys have investigators who can arrive on the accident scene immediately. Even if you hire an accident attorney yourself, your attorney will likely not have access to the accident scene until after most of the debris and evidence has been taken away. However, your attorney will have respected private investigators and accident reconstruction experts who can recreate the accident scene and uncover evidence.

3) Attorneys can get access to information you cannot. Attorneys can seek and get access to medical records, driver records, police records, and trucking company records. This evidence can be crucial to your case and can help you reach a fairer settlement.

4) Attorneys have the experience and legal knowledge to represent you. Attorneys know what sorts of costs a patient in your situation will need to make over a longer recovery time and most attorneys can also determine the financial resources of the liable party in your accident. Combined with a good understanding of laws, this allows attorneys to seek out a truly fair settlement.

5) Insurance companies have powerful attorneys, and a personal injury attorney ensures that you do, too. Without your own attorney, you may find yourself facing reams of legal documents to sign. Attorneys from trucking companies and insurance companies may tell you that these documents are standard, but by signing them, you could be signing away important rights – unless you have your own attorney look these papers over. Without your own attorney, you are at the mercy of insurance and trucking company attorneys – and those attorneys have their own clients’ best interests at heart, not yours.

6) Attorneys can help you if the truck driver in your accident was underinsured. Many truck drivers are underinsured, making it harder to recover a fair settlement. Personal injury attorneys, however, can seek settlements from multiple liable parties, increasing the odds that you will get a fair settlement that pays for all your medical costs and lost income.

After a trucking accident, there are many issues which can affect your insurance claim and any legal claim you may have. One of the best ways you can safeguard your rights and your ability to secure a fair claim is to hire a qualified Florida personal injury attorney to assist you. Your attorney can negotiate with insurers on your behalf and can investigate the accident on your behalf. There are many issues that your attorney may discuss with you or you may wish to discuss with your attorney:

1) Evidence. If you have any documentation or evidence related to the accident, you will want to share this information with your attorney. Your attorney will also likely launch an investigation into the accident to gather evidence that can reveal what has happened to cause the accident.

2) The resources of the trucking company involved in the accident. Your attorney will likely examine the resources available to the truck company involved in your accident. If you have sustained a serious brain injury or burn injury in a truck accident, for example, your attorney may investigate the accident and also the trucking company involved. If the company is found to be negligent and has large resources, your attorney will be aggressive in ensuring that you get a fair settlement that helps to pay for all your medical bills and lost income.

3) Liability. One of the most complex areas of trucking accident litigation is determining liability. Many things may contribute to an accident, including poor road maintenance, driver error, trucking company negligence, tire defects, truck mechanical failure and more. Although many accident victims do not consider liability issues extensively, these issues can be important. If an attorney determines that several parties were liable for an accident that has injured you, your attorney can seek claims against several parties, which better ensures that you will get a fair settlement that will cover all your medical bills, lost income, injuries, and other expenses.

4) Driver records. The Federal Motor Carrier Safety Regulations strictly limit how long drivers can drive a truck before resting. Drivers are required to keep a log to prove that they have had adequate rest and sleep. However, driver fatigue continues to be a leading cause of trucking accidents. In many cases, driver records can be falsified or skewed in order to allow a driver or trucking company to profit more. Attorneys can often investigate driver records to determine whether a driver followed Federal Motor Carrier Safety Regulations. As well, attorneys can examine a driver’s records and qualifications to see whether a trucking company was negligent in hiring an unqualified or unsafe driver.

5) Trucking company rules. Most trucking companies have rules about driver behavior, truck maintenance, substance abuse, and other issues. However, attorneys need to carefully examine whether companies and drivers were carefully following these rules when an accident took place. Issues such as these can affect your claim.