Florida
Trucking Accident Lawyer Blog

A Florida trucking accident can cause many serous injuries, but it can also wreak havoc with a victim’s finances. Victims who have suffered in a truck accident may end up in considerable debt or may even face bankruptcy. There are many considerable financial losses and challenges after a Florida car accident involving a truck:

1) Medical bills. Most patients have medical bills in the tens of thousands of dollars or more. While medical insurance and car insurance can cover some of these bills, in many cases insurance providers balk at paying the entire amount, leaving the patient still paying for some necessary treatment themselves. Underinsured or uninsured patients face an even more frightening amount of medical bills. Florida brain injuries, spinal cord injuries and other serious injuries can be expensive enough to send even prosperous people into bankruptcy.

2) Lost income. Most patients who have been in a Florida truck accident lose weeks or even months of work time, causing a loss of income. Some patients sustain permanent injuries and can never return to work again. Yet, bills and debts must still be paid.

3) On-going treatment. After the initial round of medical bills, most patients face even more care bills for on-going treatment. Florida spinal cord injury patients, for example, may need months of rehabilitation or physiotherapy. Such costs can add up to the thousands of dollars.

4) Additional treatment, such as psychological counseling or cosmetic surgery. Some treatments are needed to fully recover from an accident, but may not be covered under medical coverage. For example, Florida burn injury patients may require cosmetic surgery in order to regain the confidence and the life they lead before their accident. Such “additional” treatments may need to be paid entirely by patients, unless patients work closely with a good Florida personal injury attorney to have such important costs covered.

5) Property damage. A truck accident may damage a great deal of property. You may need to replace a car, a work laptop and any items you may have had in your car. While car insurance will usually cover replacement of your vehicle, you may need to pay for some or all of the costs of replacing your personal effects.

6) Home alterations. After a truck accident, many patients have changed mobility and may need to make expensive home repairs in order to live in their homes. For example, spinal cord injury patients may need to install ramps, elevators, grab bars, and other equipment. Such renovations can easily costs tens of thousands of dollars.

A Florida car accident, truck accident, or any motor vehicle accident is a traumatic event. When trucks are involved in a motor vehicle accident, the results can be especially devastating, simply due to the destructive force possible with a large commercial truck. However, for many victims, the problems just begin when an accident takes place. In the days, months, and years after an accident, victims may also have to deal with:

1) Questions of blame. In some cases, insurance companies or trucking companies may claim that a victim is partly to blame for a truck accident – even if this is not necessarily the case. If a motorist is unfairly blamed for an accident, they may feel extreme guilt and may face insurance rate increases.

2) Access to care problems. Many serious Florida spinal cord injuries, burn injuries, brain injuries, and other long-term conditions are caused by truck accidents. However, some victims have a hard time finding the resources and medical care they need. Patients may not have the financial resources to cover large medical costs or may not know all their care options. A good Florida personal injury attorney can often help patients find the care their need.

3) Misinformation. Some patients are told that they will not qualify for compensation or a claim unless they sign certain documents right away. Sometimes, this causes a patient to sign away all their rights before they consult with a qualified Florida personal injury lawyer.

4) Emotional upset. Many patients are on a rollercoaster of emotions after a truck accident. They may feel guilty, anxious, angry, depressed, and a host of other strong emotions. Some patients have a hard time returning to normal activities while others experience relationship troubles as a result of the upheaval.

5) Work-related challenges. Some patients cannot return to work after an accident, due to serious injury. For some Florida spinal cord injury and brain injury patients who have suffered in a truck accident, a return to work is impossible because of permanent injuries. Not being able to work often increases anxiety about money and also makes patients feel more upset about their situation.

6) Money worries. Most Florida truck accident victims face income loss and substantial medical bills. Some patients need to refit their homes or pay for expensive on-going treatment to deal with permanent or long-term injuries. Finding the money to pay for all these expenses is often very difficult without a good Florida personal injury attorney. An attorney can help protect you from lowball offers and can help ensure you get a fair settlement that allows you to recover as fully as possible.

Most truck accident experts agree that inattention and driver fatigue are the leading cause of Florida truck accidents, Florida car accidents, and indeed, motor vehicle accidents across the country in general. In 2005, the U.S. Department of Transportation got tough on distracted and fatigued driving by increasing required hours between shifts and by reducing the total driving time of commercial truck drivers. Overall, truck accident deaths have dropped somewhat since 2005.

However, experts from the Commercial Vehicle Safety Alliance note that yearly truck accident fatalities across the country are the same as if a jetliner crashed once a week. Members of the Commercial Vehicle Safety Alliance note that if a jetliner crashed weekly there would be national attention about the problem and air traffic industries would face loss of business as well as serious investigations.

However, despite the well-established documentation about the dangers of distracted and fatigued driving, distracted Florida drivers and fatigued drivers are still causing many Florida truck accidents and national traffic accidents.

Obviously, current laws are still allowing tired drivers behind the wheel. There are, however, many things that drivers can do to help protect themselves and their loved ones:

1) Report drunk or fatigued Florida truck drivers. If you are driving behind a truck that is weaving, speeding, or otherwise driving dangerously, get back from the car and call police to alert them. Be prepared to inform them of your location and the truck’s license plate.

2) Support advocacy groups such as the Commercial Vehicle Safety Alliance and other local groups. These groups help raise awareness and lobby to change laws. There are many levels at which you can get involved – by donating time, money, or just by encouraging the groups and their mandates. Even learning more and passing along what you learn can make a difference in keeping Florida streets safer.

3) When you read about a Florida drunk driving accident or Florida truck accident involving a fatigued or distracted driver, write to your political representative, stating your views about laws which need to be changed. When enough persons speak up, those in public office need to take note.

Commercial trucks use air brakes. While air brakes do not allow truck drivers to stop as quickly as passenger vehicles, they are designed specifically to function with the heavy loads and large size of a commercial truck. However, air brake failures and defects in trucks do constitute one of the major reasons for Florida truck accidents. When the brakes on a truck fail, there is sometimes simply no way for a driver to avoid a collision.

A well-functioning commercial truck with good air brakes takes twice as far to brake as a passenger car. When air brakes fail, a truck may not be able to stop at all. Defective air brakes may be the result of poor maintenance or poor adjustment. They may also have inherent design flaws, which are a problem of the manufacturer.

Other factors may affect air brake performance as well. If a truck is incorrectly loaded or overly loaded, this can affect the air brakes. The extra weight and pressure can cause many things to fail, including the brakes. An inexperienced driver can also speed and handle the truck incorrectly, causing excessive wear and tear on the brakes.

Many experts believe that truck drivers should be trained and certified to adjust air brakes using manual slack adjusters. Many experts also believe that all truck drivers should check for brake defects before each drive. Unfortunately, many trucking companies do not train their drivers to do this or do not emphasize the importance of checking brakes.

There are many programs – such as the North American Standard Inspection Program – designed to remove dangerous trucks from the roads. However, it is impossible for inspectors and authorities to remove all trucks with poor maintenance and defects off the roads. If drivers, trucking companies, manufacturers, and inspectors were to work together to remove dangerous trucks from the roads, the results of inspection campaigns might be more successful.

There is no question that incorrectly maintained or defective air brakes have a direct impact on the number of Florida car accidents involving trucks which take place each year. When brakes on a commercial truck fail, the truck driver can quickly lose control of the vehicle, causing a serious multi-car accident. Many Florida burn injuries, brain injuries, and fatalities are caused by truck accidents which are at least partly the result of brake problems.

A group of researchers at the School of Public Health at the University of Illinois, Chicago have found that since a federal speed limit of 55MPH was repealed in 1995, US interstates have seen an increase in car accidents and injuries as well as fatalities. Researchers concluded that about 12,545 deaths and 36,582 in truck accidents and car accidents across the nation were attributed to higher speed limits between 1995 and 2005. Researchers suggested that a camera network and lower speed limits would decrease fatalities again. Results of the study were published in the American Journal of Public Health.

Speeding is a serious problem in many traffic accidents; many Florida bicycle accidents, car accidents, and pedestrian accidents are caused at least partly by speeding. However, speeding is an especial concern in Florida trucking accidents. Due to the size of trucks, when trucks drive at an excessive speed and collide, they can produce a lot of force and cause a great deal of damage.

Speeding while driving a truck is dangerous for many reasons:

1) It leaves the truck driver with less time to stop. Trucks require more time than passenger vehicles to slow down and stop, and when drivers speed, there is often no time or space to stop safely. Speeding ensures that drivers cannot respond in a timely fashion.

2) It can make minor obstacles fatal. Any minor obstacles – such as a sudden slippery spot or a pedestrian suddenly in the road – can be dangerous for a truck driver going a safe speed. A speeding truck driver simply cannot adjust his or her driving in time to account for these sudden obstacles.

3) A speeding truck may lose control more easily. A fully loaded truck that is speeding is far more likely to roll over than a truck going at a safe speed. Speeding puts more stress on the entire truck, and may cause mechanical failures that lead to a disastrous accident.

4) A speeding truck can create a wind force that is dangerous on the roads. If a truck is speeding and passes a bicyclists, pedestrian, or motorcycle too closely, the force of the wind and speed can push a bicyclist or pedestrian back and cause injuries.

Since Florida has many ports, it also has many commercial trucks. Trucks move cargo from the port areas through the rest of the nation. Unfortunately, a large number of trucks on the roads also means a higher risk of Florida car accidents involving trucks. According to the statistics released by The United States Department of Transportation (USDOT):

1) More than 500, 000 truck accidents occur annually across the country. In 2008, there were 11,500 Florida trucking accidents. These accidents lead to 290 fatalities and more than 6,400 injuries. Medium trucks with four rear tires accounted for 72 fatal accidents and 2,596 injuries that year. Heavy trucks contributed 77 fatalities and 1,939 injuries. Tractor-trailers accounted for 145 fatalities and 1,867 injuries.

2) Each year, commercial truck accidents result in about 5,000 fatalities across the nation. In 2008, 4,229 people in the US died in trucking accidents.

3) Of the 2008 fatalities related to truck accidents, 3,139 of the people who lost their lives in trucking accidents were passengers in vehicles other than a truck. Another 413 people were bicyclists or pedestrians. In 2008, 430 truck drivers and truck passengers were killed in truck accidents.

4) Multi-vehicle truck accidents claimed the lives of 247 truck occupants in 2008.

5) Truck accidents are most common in the daytime and in rural areas. In 2008, 68% of US fatal truck accidents took place outside of city areas. 66% of these fatal accidents took place in the daytime.

6) The trucking industry made $610 billion in revenues in 2008 and the number is expected to more than double by 2015. Between 1997 and 1999, the average cost of a trucking accident was $62,613.

7) In 2008, 9 people were killed and 171 were injured in Florida by riding in the bed of a truck. Most of the injuries and deaths involved persons between the ages of 15 and 44.

If you have been in a truck accident in Miami, Hollywood, Homestead, or another Florida community, you may think that you do not need an attorney. In many cases, the insurance agent for the truck company involved in the crash with approach you with an offer. In addition, your own car insurance company may cover some of the cost of the accident. You may think that you do not need an attorney, but there are many costs to not working with a good Florida personal injury attorney:

1) A lower settlement offer. Many victims of Florida car accidents and truck accidents are surprised to find just how expensive their accident really is. In addition to lost income, patients may face high medical bills, rehabilitation costs, and other expenses. Without an attorney to accurately determine the total costs of your injuries, you may not be offered the claim amount you deserve. Many permanent Florida brain injuries, for example, can cost a patient millions of dollars over a lifetime as the patient will need to pay for care, medication, lost income, medical treatment, rehabilitation and more. Victims are very unlikely to get this amount without the help of a very skilled Florida attorney.

2) Paying for costs out of pocket. If you do not receive a fair settlement offer or claims amount you will be forced to pay for additional medical costs and related costs out of pocket. Some Florida car accident victims find themselves paying tens of thousands of dollars in medical costs and even facing bankruptcy because their initial settlement offer is not adequate for the real costs of their injury. Worse, without consulting an attorney you may sign some of your rights away so that you cannot pursue a fair settlement amount down the road.

3) Poorer medical care. If you cannot afford the best medical care, you may have to accept longer wait times and worse-quality care. This can affect your recovery and can even make you susceptible to complications as you recover from your injury. By hiring a qualified Florida personal injury attorney, you can get a fairer settlement so that you can afford quality medical care that gives you the best chance of recovery.

4) Unanswered questions. It is normal to have many questions after your Florida truck accident. You may wonder why you sustained a spinal cord injury or you may not understand what caused an accident. If you don’t hire a Florida attorney, you will likely not get definitive answers to these questions. Florida attorneys work with private investigators who can get you the answers you need to move on and focus on recovery.

5) Accusations. In some cases, insurance providers or others involved in an accident may claim that you are partly liable for an accident. This can be very hurtful to hear and can even make you doubt your own driving skills. A good Florida injury attorney can investigate your accident to determine where liability lies, so that you do not have to live with – and wonder about – unfounded accusations.

If you are in a Florida car accident involving a truck and you suspect that the driver of the truck is under the influence, there are a few things you must do in order to safeguard your rights:

1) Help anyone at the scene. In most Florida trucking accidents, serious injuries are caused by the sheer size or force of the truck. In most cases, you will need to call 911. Even if you seem to have only minor injuries, you should still get medical help immediately. Not all medical emergencies are obvious immediately. Each year, a few Florida brain injuries prove fatal because a patient felt fine and did not seek medical treatment in time. Err on the side of caution.

2) Start documentation. Police will likely arrive at the scene of the accident and should administer a field sobriety test to the driver. If possible, it is also important for you to start documentation right away. Get the name and contact details of the driver and any witnesses. If you can, take photos of the scene. Note the time, exact location, and other details of the accident.

3) Contact a qualified Florida personal injury attorney at once. If the truck driver involved in the accident was driving under the influence, you will need to act quickly to ensure that your attorney can secure evidence of this fact. Contacting a Florida personal injury lawyer soon after your accident ensures that your attorney can move to quickly subpoena evidence before it is lost or destroyed. An attorney can even visit you in hospital, in many cases, so there is no need to delay this important call until you feel better.

4) Focus on getting better and continue documenting. Once you have hired a Florida attorney, your attorney will take care of the legal concerns of your accident so that you can focus on recovery. In addition to getting better, you will want to continue documenting your injuries so that your attorney has all the documentation he or she needs. Keeping copies of medical information, receipts of costs related to your accident, and a journal of how your injuries affect your life can be helpful for your attorney.

Keep in mind that drink is not the only problem with DUI truck accidents. According to a study conducted by the National Transportation Safety Board in 1990, about 12.5% of fatal truck accidents are caused by driver marijuana use. In addition, some drivers use additional over-the-counter or prescription medication which can affect their driving and can lead to an accident. If you are not sure whether an accident you have been injured in was caused by a DUI, trust your instincts and consult with a good Florida or Miami personal injury attorney. He or she can help you find the answers you need.

According to the National Highway Transportation Safety Association, in 2008, 6.6% of all fatal commercial truck accidents in the country took place in Florida. Part of the problem, according to experts, is that Florida is a shipping area, and trucks move cargo from ports such as Miami through interstate highways to landlocked areas of the country. Also, the large size of these vehicles ensures that when Florida truck accidents do occur, they are likely to be fatal accidents.

According to experts, the National Highway Transportation Safety Association, the Florida Department of Transportation, and the Florida Highway Patrol have all taken steps to reduce the number of car accidents and truck accidents on state roads and highways. However, experts remain pessimistic about the possibility of significantly reducing the number of Florida traffic accidents involving trucks. This is because a number of truck accident risk factors are hard to address:

1) Driver fatigue. Many studies have confirmed that tired Florida drivers are as dangerous as drunk drivers. When sleepy, truck drivers are simply more likely to make mistakes or to experience lapses in judgment which can lead to accidents. There are many rules in place to prevent this. Florida commercial truck drivers, for example, are required by law to take 10 hours before shifts and must drive no more than 11 hours per day. Unfortunately, most truck drivers are paid more to drive more and it is very hard to regulate rest time and break time.

2) Speed. Trucks require more time to come to a complete stop, but some drivers choose to speed in order to meet deadlines or in order to make more money. Unless radar cameras are used to monitor a roadway all the time, it can be hard to catch drivers speeding.

3) DUI. Unfortunately, Florida drunk driving accidents are still a leading cause of traffic fatalities and injuries. In 2008, 29% of all total motor vehicle fatalities in Florida were alcohol-related. Truck drivers who drink alcohol before driving run the risk of causing serious injuries and fatalities. In addition to alcohol, some drivers choose to take illegal drugs, prescription drugs, or medications to allow them to drive longer. This results not only in impaired driving but also fatigued driving as well. Like driver fatigue, DUI is difficult to regulate as it may not be obvious a driver is driving under the influence until after an accident occurs.

4) Inadequate maintenance. Some trucking companies do not maintain their fleet of trucks as carefully as they should. This can cause brake failure, steering problems, and other mechanical failures which can lead to an accident. Unfortunately, truck companies stand to save a lot of money by not doing correct maintenance on their trucks and it is hard to determine which truck companies do a poor job of this, since it is impossible to audit and check all Florida companies at all times.

5) Incorrectly loaded cargo. On a tractor-trailer, an incorrectly loaded cargo can shift, cause a rollover or even come loose and spill out onto the road. While there are strict rules in place about cargo, it is impossible for an independent body to check to make sure that each truck on Florida’s highways is correctly loaded.

Florida trucks and truck drivers rely on good truck tires. Good tires support the entire weight of the truck – which can weigh more than 80 000 pounds when fully loaded -- and provide stability. Unfortunately, when tire defects and blowouts happen, the result is often tragic accidents on Florida’s roads. There are many reasons why tire defects take place:

1) Used tires. Some trucking companies buy used tires to place on their trucks in order to save money. However, if tires have been part of a serious car accident or truck accident, their stability and durability may be compromised. As well, allowing trucks with well-worn and well-used tires is often a recipe for disaster, as these tires may not have the treads and stability to carry a large load. Even unused tires that have been in storage for a long period of time may no longer be road-worthy, as rubber can wear down with time.

2) Incorrect demounting, mounting, and maintenance of tires. Trucking companies need to have their truck tires installed and maintained by qualified professionals who can abide by current Federal OSHA regulations. Tires should be maintained regularly and checked for leaks, wear, and any possible hazards.

3) Incorrect matching of rims and tires. Rims and tires on Florida trucks need to match. If an incorrectly fitted tire is forced on a smaller rim or a larger rim, the tire will usually be over-inflate to “make it fit” and this over-inflation can cause the tire to explode under pressure.

4) Incorrect tires for the job. Large commercial Florida trucks can weigh 80 000 or more. They need tires that have been approved for these weight amounts.

5) Tire defects. Some manufacturers inadvertently create tires which have defects. Unfortunately, these tires are more likely to fail on Florida’s roads, because warm weather can actually cause all sorts of tire problems. When tire defects lead to accidents, the result can be tire blowouts. Evidence of these blowouts is seen all over Florida in the form of steel belting and shards of rubber on the roadways. Tire blowouts on Florida’s busy roads can cause serious secondary car accidents.

Truck rollover accidents in Florida are dramatic and generally make the evening news. When a truck rolls over on a Florida road or highway, the results are often catastrophic. A rollover can lead to secondary car accidents as cars and other vehicles try to swerve out of the way of an out-of-control truck. As the truck rolls, it can also crush other vehicles and even bystanders in the way. Even the truck driver is at risk, since the cab is not always stable enough to prevent serious injuries to the driver.

Since a fully loaded commercial truck in Florida can weigh 80 000 pounds or more, when a truck of this size rolls over, it can cause serious damage. The truck can rip up the roads, potentially causing other car accidents due to bad road conditions on the same stretch of Florida roadway. The truck’s load can also ignite or spill, potentially causing burn injuries.

In 2008 alone, 263 people were killed in truck accidents in Florida alone. That same year, the National Highway Transportation Safety Association's National Center for Statistics and Analysis reported that 6.6% of all fatal large truck accidents across the country occurred in Florida. Florida rollovers accounted for some of these accidents. There are many ways that truck rollovers can occur:

1) Overloaded or improperly loaded trucks. Incorrectly loaded trucks can make trucks top-heavy, which can make the trucks easier to tip over. Overloaded trucks may also have a high center of gravity, which can make them more prone to rollovers.

2) Speeding. When truck drivers speed, especially on turns, trucks are more prone to rollovers. This is because when a turn is made at high speeds, the truck will tilt slightly. If the truck is also overloaded, the truck can easily rollover.

3) Drunk driving or fatigued driving. When a driver is distracted, tired, or inebriated, he or she may drift off the road. When this happens, the driver may drive onto a soft shoulder or into a ditch, which cannot support the truck and which then causes the truck to rollover.

If you have sustained a serious injury in a Florida truck accident, you will likely hire a Florida personal injury attorney. Your attorney will do several things. First, he or she will advise you of your rights so that you can make informed decisions about what you wish to do in the wake of the accident. Second, he or she will represent you in negotiations with insurance providers and will negotiate with them on your behalf. Finally, your Florida personal injury attorney will investigate all the causes of your truck accident in order to determine what has caused the accident.

This last role is extremely challenging. By the time you have found an attorney, the scene of the accident is usually cleared up. Evidence may be gone forever. Most attorneys in Florida work with private investigators and other professionals to find out the truth about an accident. This type of investigation may involve:

1) Accident reconstruction. Private investigators have complex software tools which can help them recreate an accident based on information gleaned from police reports, witness testimony, and other factors. This can give investigators a moment-by-moment rendering of the accident.

2) Background checks. Investigators hired by your Florida attorney will usually run background checks on the driver who was involved in the crash. If there are irregularities in the driver’s credentials or if the driver has been involved in other Florida car accidents or pedestrian accidents, this may indicate and can help prove a pattern of negligence. An investigator will usually also investigate the carrier or trucking company involved in the crash. If the company does not screen drivers, take proper care of their trucks, and generally work to avoid traffic accidents, this, too, can be proof of negligence.

3) Documentation. Florida investigators have access – or can gain access – to quite a but of documentation related to your truck accident. Everything from Florida police reports to doctor’s reports from the hospital to truck driver logs will generally be carefully pored over to help determine liability in an accident. Even weather reports and reports of city construction projects can help your Florida attorney determine liability.

4) Witness testimony. Florida personal injury attorneys may call in and interview many witnesses related to your case. In addition to those who witnessed the accident or your injuries, your attorneys may also interview expert witnesses or people who can make more general comments about your case based on their knowledge. For example, your attorney may gather testimony from a Florida brain injury expert who can state the type of force that may have caused a head injury like yours.

Many Florida truck accidents are not caused just by one factor. In most cases, a number of situations and issues can cause an accident. For example, a mechanical failure in the truck may have contributed to an accident, but road conditions as well as mistakes made by pedestrians or other drivers may have contributed to a collision.

In many cases, after a Florida truck accident, victims who have sustained serious injuries look for one answer to the accident. They decide that an accident was caused by a driver or by a mechanical failure. Even the media contributes to the idea that truck accidents are caused by one main cause. How many times have we read a headline proclaiming “Florida brain injuries caused by trucking accidents the fault of distracted drivers”? Most headlines suggest that truck accidents are caused by one factor or cause. While all of us like to keep things simple, it is important not to oversimplify the causes of a truck accident.

Determining all the factors that contribute to a truck accident is crucial because it allows a victim to seek a settlement from multiple responsible parties. This increases the chances that a victim will receive a fairer settlement which will cover all medical costs, lost income, and related costs of an accident. If you decide to pursue only one liable party, you will likely have to pay for part of your medical costs and lose income out of pocket.

For example, if you have sustained a spinal cord injury in a Florida car accident involving a truck, you may decide that the accident was caused by the truck driver. You may be able to recover part of your medical costs by pursuing the insurance carrier for the driver. However, the truck company may also have been negligent in failing to maintain the truck to specific standards. If you pursue this, you will be able to pursue the truck company as well and therefore will not have to pay for part of your medical costs out of pocket.

Most Florida truck accidents are complex events involving an almost infinite number of variables. Any one of these variables may contribute to a collision. Truck accidents may be partly the cause of mechanical failures, tire defects, road conditions, weather conditions, drunk driving, driver fatigue, and any number of other factors. A good Florida personal injury attorney can help you investigate all the causes of a truck accident, which is one reason why it is so important to contact a personal injury attorney if you have been in an accident. If you have been in a truck accident or other vehicle accident in Miami, for example, contact a good Miami attorney specializing in personal injury cases. He or she will be able to conduct a thorough investigation to determine all the causes of an accident so that you can pursue justice from all parties responsible.