Florida Trucking Accident Lawyer Blog

While some states have passed laws which ban texting while driving, Florida has no such laws. It is not for lack of trying – in the past few years, Florida’s lawmakers have tried to pass such legislation eight time and have simply not been successful. So far, nineteen other states have laws which restrict or ban cell phone use or texting behind the wheel. There are good reasons for these laws. Numerous research studies have shown that using mobile devices while driving is a major source of distracted driving and accidents. Florida legislators have noted that texting bans might help prevent Florida truck accidents and car accidents caused by distracted driving.

Although Florida so far does not have any texting while driving bans in place, Florida law enforcement authorities can issue tickets and citations to texting drivers if the drivers engage in risky behaviors as a result of texting. For example, if a driver is driving recklessly because he or she is texting, the driver can be cited for reckless driving. Distracted Florida drivers often run stop signs or lights or make other mistakes because they are texting rather than focusing on the road. Obviously, such infractions will result in tickets, so texting while driving can still result in tickets in Florida.

According to the Highway Patrol, Florida drivers engage in other distracting behaviors while driving – which can just as easily lead to a Florida car accident or truck accident. Eating, adjusting the radio, shaving, applying makeup, drinking, adjusting the GPS, and chatting with passengers are all distracting behaviors which can lead to Florida truck accidents and traffic accidents.

Police authorities and law enforcement in Florida are warning drivers not to text and drive, even though there is currently no legislation specifically prohibiting the behavior. Many law enforcement agencies point out that driving is dangerous, even though it may feel familiar and safe. All motorists need to use common sense and put their full attention on the road to prevent Florida truck accidents and car accidents, warn law enforcement agencies.

Authorities note that legislators cannot pass laws prohibiting every specific sort of distracting behavior which can be dangerous on the road, so it is up to drivers to exercise common sense in order to help prevent Florida truck accidents and car accidents. If motorists need to talk on cell phones while driving, law enforcement authorities note, it is best to use a hands-free cell phone model which allows motorists to keep both hands on the wheel and their eyes on the road.

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Much has been written about truck drivers and motorists who cause Florida car accidents and truck accidents due to the choices they make. For example, Florida drunk driving accidents are so difficult to cope with because they are so preventable – one person’s decision to drive under the influence leads to this type of accident, which can affect many lives. However, in some cases, Florida truck accidents and car accidents are caused by medical conditions. A motorists or truck driver may unknowingly have a condition which causes severe symptoms which can affect driving ability. Common conditions which can lead to Florida car accidents and truck accidents include:

1) Strokes. Strokes can occur at any time, but when they occur behind the wheel of a car or truck, they can result in a serious in a serious truck accident. A patient who has had a stroke usually suffers from problems with mobility and memory, which can also severely impair driving ability. Visiting a doctor often and looking for risk factors – such as high blood pressure – can help prevent strokes.

2) Cardiac illness. Cardiac illness can include everything from irregular heart beats to genetic defects to heart attacks and heart failure. When a cardiac event occurs on the road, an accident is almost guaranteed as the victim quickly loses consciousness. Patients with heart problems need to be evaluated by a physician to determine their fitness to drive.

3) Diabetes. Type 2 diabetes can strike at any time, especially in patients who are obese. Diabetes and problems with blood sugar can cause many serious and dangerous symptoms, including dizziness, weakness, and loss of consciousness. Drivers who have diabetes must carefully manage their conditions to avoid accidents and patients who are at risk of diabetes need to be tested frequently to ensure that they do not develop the disease without realizing it.

4) Sleep disorders. Sleep disorders such as sleep apnea are responsible for many Florida truck accidents and car accidents. When drivers have sleep disorders they are often unaware of the problem. They may feel more tired than usual, but they often do not see this as a symptom. Unfortunately, sleep disorders ensure inadequate sleep, which means that drivers with these conditions are more likely to fall asleep at the wheel and cause a Florida truck accident or car accident. Any sudden fatigue should be investigated promptly by a physician to rule out an illness.

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Certain lifestyle factors and life choices can increase your risk of a Florida car accident or truck accident. These lifestyle factors can also be very risky when they are shared by Florida truck drivers who are entrusted with large commercial vehicles:

1) Obesity. Obesity can lead to many health problems, including high blood pressure, type 2 diabetes, sleep apnea, and other serious conditions. Unfortunately, these conditions can also be sneaky. A truck driver may not realize that he has these conditions until symptoms begin to manifest themselves. If these symptoms show up suddenly on the road, the result could be a Florida pedestrian accident or truck accident.

2) Shift work. Unfortunately, many Florida truck drivers take shift work, working at unusual hours, in order to help companies meet deadlines. Shift work has been linked to sleep disorders, which can lead to fatigued driving and therefore to accidents.

3) Drinking and drug use. Florida drunk driving accidents are still far too common and drunk driving involving trucks is more likely to result is serious injuries and death. Although Florida drunk driving campaigns have been warning drivers of the dangers of drunk driving, however, drugs – even over the counter and prescription medications – can lead to drowsiness or other symptoms which can cause an accident.

4) Obsession with gadgets. It’s not a lifestyle choice, admittedly, but many of us are very much attached to our wireless devices or music. While there’s nothing wrong with that in general, wanting to stay plugged in behind the wheel of a car is dangerous. Many people have lost their lives in Florida trucking accidents caused by distracted drivers.

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According to a study completed by the University of Florida, deaths from car accidents, truck accidents, and other traffic accidents decrease an average of 11% in areas where alcohol taxes are introduced. The overall death rate decreases by 35%, while violence decreased by 2% and crime reduces by 1.4% after the introduction of such taxes. The results of the study, published in the American Journal of Public Health, have stirred debate about the role of alcohol in traffic deaths.

According to Alexander Wagenaar and his colleagues at the University of Florida, who authored the study, there is a direct correlation between the cost of alcohol and the rate of drinking. When alcohol prices increased by 10%, drinking rates decrease approximately 5%. According to the Florida study, the higher the taxes on alcohol, the lower the rates of injury, death, drug use, risky sexual behavior, drunk driving, traffic accidents, violence, and crime. In fact, only suicide rates seemed unaffected when it came to fatalities potentially affected by alcohol.

According to the study’s authors, about 85,000 fatalities in the US each year are alcohol-related. While Florida drunk driving accidents are an obvious problem, the new study seems to suggest that simply increasing the price of alcohol can have a significant impact on traffic accident rates. Taxation can also be a more cost-effective solution than awareness campaigns. Taxes on alcohol can help communities raise money, while ad campaigns often require money. As well, alcohol taxes do seem to have a significant and measurable impact on reduced traffic fatalities.

Although the study focused on preventing traffic deaths, it stands to reason that an increase in Florida alcohol taxes can also help reduce Florida personal injury rates stemming from Florida pedestrian accidents, truck accidents, and other traffic accidents. While many truck accidents result in fatalities, many also result in long-term or permanent injuries, such as spinal cord injuries, brain trauma, burn injuries, amputations, and other injuries. These injuries are devastating and can result in a devastated life. Reducing the number of Florida drunk driving accidents can help reduce these injuries as well.

Of course, companies selling alcohol products note that alcohol taxes hurt business. As well, many consumers oppose the idea of alcohol taxes, arguing that people who drink responsibly are forced to pay more because of a few people who do drink and drive. It’s a difficult debate. On the one hand, increasing prices can help prevent accidents. On the other hand, it can also hurt business and cost customers who do drink responsibly.

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Florida trucking accidents and car accidents cause deaths and considerable suffering every year, but they also have a severe impact on victims’ finances. Some experts believe that truck accidents cost more than twenty-four billion dollars annually in damages. Car and truck accidents involving a large commercial truck with two or three trailers average about $117,309 in damages per collision. These costs can include property loss and damage, pain and suffering, medical costs, and lost income as well as related expenses. While insurance is meant to help Florida traffic accident victims deal with the catastrophic costs of truck accidents, in many cases victims are unable to recover all the damages associated with their injuries. Some Florida car accident and truck accident victims face bankruptcy, reduced quality of life and even eviction or foreclosure of their homes due to the financial devastation of a truck accident.

There are many reasons why Florida truck accidents cause this type of financial devastation to insured victims. One reason is that insurance companies sometimes estimate the total costs associated with an injury. In some cases, insurance companies offer a low claims amount, based on immediate medical costs. However, Florida brain injury victims, spinal cord injury victims, and other injury victims may face a long lifetime of reduced earnings capacity as well as considerable medical bills.

As well, insurance companies sometimes underestimate the total costs involved with an injury. For example, they may pay for car damage, immediate medical costs and immediate lost wages without paying for medical devices, long term treatment or specialty treatment. A Florida burn injury victim, for example, may need counseling, a series of expensive skin grafts, and other rehabilitative treatments. However, an insurance carrier may only agree to pay for basic doctor’s visits.

Due to this problem, it is very important for Florida truck accident victims to speak with a good Florida personal injury attorney soon after the accident. Once statements and insurance papers are signed and once a claim amount has been given, it may be too late to pursue a fairer settlement that covers all medical expenses, which is why it is important to contact an attorney first. An initial consultation with a good attorney can at least give a patient a sense of their rights and options.

Another common problem that affects Florida truck accident victims is the amount of time it can take in order to recover damages for an accident. After a Florida truck accident, a patient may immediately face lost income as well as substantial expenses. However, the claims process can take a long time. While waiting for the insurance money, a patient may be facing severe financial stresses. In some cases, insurance companies promise quick payment in exchange for the patient agreeing to a low claims amount. This places the patient in a difficult position: They can have some much-needed money immediately but may still face many tens of thousands of dollars in costs out of pocket.

A good Florida personal injury attorney can help with this, as well. A good attorney can pursue a case aggressively, to make sure that the injured plaintiff gets as much damages covered as possible. A good attorney can also advise a plaintiff who is in financial distress and offer advice about ways to survive financially while a legal claim works its way through the courts.

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If you have been in a Florida car accident involving a truck, legal issues may initially be the furthest thing from your mind. Initially after a traffic accident, your main priority is generally to get medical attention and to contact your loved ones and your insurance provider. However, Florida laws very much affect how your accident case and claim will proceed. There are many pieces of legislation that can affect every aspect of your case:

1) Federal regulations regarding evidence. Under federal rules, commercial trucking companies and carriers must keep evidence related to drivers and their performance – evidence such as driver logs, for example. However, carriers only need to keep this evidence for a specific period of time, after which time they can destroy it. This is one reason why it is so important to work with a Florida personal injury attorney if you have been in a Florida trucking accident. An attorney can secure a court order or take other steps to ensure that evidence is preserved.

2) Regulations regarding insurance. Every Florida driver needs to have, at minimum, liability insurance to drive a car. Commercial trucks are required to have even more insurance in order to protect any victims in a Florida truck accident. The exact amount of insurance a truck company must carry depends on the materials being transported. Trucking companies responsible for carrying hazardous materials, for example, must generally carry far more insurance than companies hauling safer items.

3) Laws regarding liability. In order to recover money for lost wages, wrongful death, pain and suffering, property damages, medical expenses, and other costs, Florida car accident and truck accident victims generally need to show that a driver or truck company acted negligently in some manner and this negligence led to the accident. Obviously, proving negligence can be challenging without the assistance of a good Florida personal injury attorney. Florida personal injury attorneys have access to private investigators and other experts who can carefully research and investigate all the causes of an accident, with an eye to establishing liability.

4) Florida rules regarding damages. In order to recover damages, a Florida personal injury plaintiff must show that he or she has suffered damages. In some cases, it is very easy to establish this. For example, if the victim is a Florida spinal cord injury patient or has sustained serious burn injuries or other types of injuries, proving damages can be simple. However, some types of damages – such as psychological trauma, for example, or whiplash, are not so easy to establish because no conclusive tests exist for these conditions. As well, establishing the total costs for an injury can be difficult and a matter of negotiations, especially if an insurance carrier insists that the claim amount should be modest. A good Florida personal injury attorney can help protect a Florida traffic accident victim in these circumstances.

Continue reading " The Law and Florida Truck Accidents " »

If you have been in a Florida truck accident that has resulted only in a fender bender, you can often handle the claim through your insurance provider. However, most Florida car accidents involving a truck do not end so happily. Many serious Florida brain injuries, amputations, fatalities, spinal cord injuries, and other serious injuries occur each year as a result of truck accidents. There are many reasons besides these why you may wish to see a Florida personal injury attorney immediately:

1) Someone has been injured in the accident. If you or a passenger have sustained a serious or permanent injury, you need to speak to a qualified Florida personal injury attorney at once. Florida spinal cord injuries, burn injuries, brain injuries, and other serious injuries caused by truck accidents can be very costly to treat and most insurance policies only cover a fraction of the total costs over time. It is important to speak to a good attorney to protect your financial future.

2) You have lost significant time away from work or other duties due to the accident. With lost income, you may need to go into debt or face financial hardship due to the accident. Some people even find themselves facing bankruptcy or foreclosure after a serious Florida pedestrian accident, car accident, or truck accident. A good attorney can ensure that you are compensated for the income you have lost.

3) Fault and liability are an issue. If you are being accused of causing the accident or if it looks as though your claim amount may be reduced due to liability issues, it is important to consult with an experienced Florida personal injury attorney. If a police report suggests that you are at fault or contains errors or inaccuracies, it is also vital to speak to a Florida lawyer. A good attorney can ensure that your rights are protected.

4) The accident was complex. If pedestrians or multiple cars are involved in a Florida car accident, liability issues and damages become more complicated. In this case, it is often best to work with a Florida truck accident attorney who has extensive experience in examining the details of complicated accidents.

5) If the accident involves a government vehicle or takes place in a construction site. These situations are legally more complex. Government employees are protected and it may be harder for you to recover all the damages needed for your medical bills, for example, if you are involved in an accident with a government truck. Construction site accidents are also more complex because determining liability in these cases is often challenging.

6) You start to have insurance problems. You rely on your insurance to protect you in the event of an accident. However, if after your accident you find that your liability coverage is too low or if your insurance companies claims you are not covered, it is time to speak with a qualified attorney. Similarly, if your insurance provider stops taking your calls or starts to act unusual or has you speak with the insurer’s attorney, it is imperative to involve a very good Florida personal injury attorney on your behalf. Insurance problems can be very costly and often a good attorney can better resolve these issues.

Continue reading " When You Need to Run for an Attorney After a Florida Truck Accident " »

If you have been in a Florida truck accident or other type of traffic accident and have worked with a Florida personal injury attorney to settle your claim, your claim amount may be significant. In fact, many Florida car accidents involving trucks involve serious Florida brain injuries, burn injuries, and even wrongful death claims. As a result, the settlements in these cases can be quite large. If you are expecting a larger settlement in your Florida truck accident case, you may wish to establish a structured settlement plan. A structured settlement means that you will receive your settlement amount in regular installments rather than in one lump sum. This can have several advantages in a Florida truck accident case:

1) Tax benefits. You may be able to set up a structured settlement in your case so that you pay less taxes or even no taxes. Even if your settlement amount is significant, you will of course want to use all of it to recover from your injury, so the less you need to pay in taxes, the more effectively you can use the funds.

2) Money protection. By receiving money gradually, you can be sure that you will have the financial resources in place when you need them. If you are not used to receiving and managing larger amounts of money, a structured settlement can be financially safer.

3) A good asset. You can use a structured settlement just like any asset. It is possible to sell your structured settlement, for example, in order to earn more money for larger purchases. You will need to contact a Florida attorney first, however, to learn about current laws affecting the sale of your structured settlement.

Of course, there are some disadvantages to structured settlements. You may need more money initially to pay for costs and a structured settlement leaves less flexibility in how you will invest your money. You also do not have the option of investing a lump sum settlement in order to make more money.

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If you have been in a Florida car accident or pedestrian accident involving a truck, you likely will need to make a claim on your insurance policy. Most Florida truck accidents result in serious damage as well as costly medical expenses. For example, Florida spinal cord injuries, brain injuries, and other serious injuries are a common result of truck accidents. Once you have received basic medical attention, you will need to file a claim with your insurance provider at the earlier possible opportunity. You will also want to look at your insurance policy to understand what you are covered for. Your insurance policy may include coverage such as:

1) Liability coverage. In Florida, liability insurance is required to drive a car. This type of insurance covers the personal injury costs and property damage that occurs to others if you have been in a car accident. This insurance may also cover your legal costs. If your liability insurance does not cover the injuries and damages that others have sustained in a car accident, you may face legal action, especially if it can be proven that you are at fault.

2) Collision coverage. This insurance covers the damage which occurs to your vehicle in the event of an accident. This coverage will be paid out, regardless of who was at fault in the accident. If you have a deductible, you will need to pay that and the insurance provider will pay for the rest of the repair costs to your car. Many Florida trucking accidents, however, result in total destruction of a car. If your car is a complete loss, you will receive the cash value of the car.

3) Comprehensive coverage. This type of insurance usually covers damage which can occur due to vandalism, theft, weather, and fire. You will pay the deductible and the insurance company will pay the cash value of your car or the costs to repair your car. If you have been in a Florida truck accident, you will often not need to worry about comprehensive coverage.

4) Medical payments coverage. This coverage pays (regardless of fault) the medical bills of your passengers and yourself. If you receive payment from the other driver in the car, you will need to repay these benefits.

5) Personal injury protection (PIP) and No-Fault coverage. These optional and additional features of your insurance policy may cover additional medical costs as well as lost income and related expenses of your car accident.

6) Uninsured and underinsured driver coverage. This insurance protects you in the event that you are in an accident with a driver who does not have the legally required liability insurance or does not have enough insurance to cover your injuries. If you have this insurance coverage, your own insurance company will pay for your injuries and damages.

Continue reading " If You’ve Been in a Florida Truck Accident, Are You Covered for Your Injuries? " »

If you have been in a Florida car accident involving a truck, you will likely need a good Florida personal injury attorney. Most Florida truck accidents result in serious injuries, property damage, and complex legal and liability issues. A good attorney can safeguard your rights and can ensure that as much of your injuries and damages are covered as possible. However, how can you find the right attorney for you?

The first step is to find a Florida personal injury attorney who handles Florida truck accidents. Then, you will want to contact the attorney for an initial meeting. Many good attorneys offer an initial no-cost and no-obligation consultation. This initial meeting is your chance to ask questions and to decide whether a specific attorney is right for you. Among the things you will want to find out are:

1) Experience. Look for an attorney who has years of experience in Florida truck accident cases as well as trial experience. An attorney with extensive experience with insurance companies can also be very useful in helping you to negotiate with insurance providers. Look for someone who has handled many cases and has also won many cases.

2) Specialty. Ask a potential attorney about the types of cases they have worked on and the similarities between those cases and yours. Be aware that your case may overlap several practice areas. For example, if you have sustained a Florida spinal cord injury and head injury in a truck accident, look for an attorney who has handled spinal cord injury cases, brain injury cases and truck accident cases.

3) Professional standing. Look for a Florida personal injury attorney who has good standing with the bar association, a good education from a recognized law school, and a good reputation. Also, ask for – and check – references. A good attorney will be able to let you speak to references who can attest to the attorney’s professionalism and helpfulness. Be wary of attorneys who promise results as well – good attorneys know that there is no such thing as a guaranteed win or claim.

4) Price. Many Florida personal injury attorneys work on a contingency basis, meaning that they will not be paid until and unless you recover for your claim. However, you will want to ask whether your attorney works on a contingency basis and you will want to ask about fees to ensure that the fees seem reasonable to you.

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If you have been in a Florida car accident involving a truck, you may have lost income and you may face medical bills. An insurance provider may offer you a claim, but how can you be sure whether that amount will cover all the costs of your injury? In most cases, it is difficult to be sure – unless you speak with a qualified Florida personal injury attorney. A good attorney will take several things into consideration when evaluating your claim:

1) Medical costs. In most Florida truck accidents, medical bills will be a major expense that you will need to recover. You will need to consider the costs of hospital treatment, doctor’s visits, emergency room bills, chiropractic treatment costs, physical therapy expenses, medication costs resulting from your injury, and the cost of any medical devices (such as crutches or accessibility ramps) that you need as a result of your injury. If you have sustained a Florida burn injury in the accident, for example, you may also need reconstructive surgery as well as other treatments. All of these must be considered to get an accurate assessment of your total medical costs.

2) Future and ongoing medical expenses. If you will likely need future medical expenses and treatments due to your injury, you will need to consider these in your claim. Usually, a medical specialist or doctor can advise you of future costs. For example, Florida spinal cord injury patients may need nursing care, wheelchairs, and replacement medical devices for the rest of their lives. Insurance companies are often unwilling to consider these expenses in an initial claim and this is something that a good Florida personal injury attorney will pursue and negotiate.

3) Lost wages. If you have been in a Florida truck accident, you will likely have to lose at least some work and therefore some wages. You may lose work while you are in the hospital and while you recover. You may also lose work due to return doctor’s visits and ongoing care. If you have sustained a long-term or permanent injury, you can also recover money for the loss of earning capacity.

4) Pain and suffering. In a personal injury claim, juries will consider long-term and severe pain and may award damages based on the amount of pain a plaintiff suffers. If a plaintiff has suffered depression or mental anguish as a result of the injury, he or she may also be awarded an amount based on mental anguish.

5) Property damage. A Florida truck accident usually results in plenty of property damage as well as physical damage. If your car or other personal property was destroyed in the accident, an attorney will usually make a claim to recover these costs as well. If there were valuables in the car – such as laptops or digital cameras – you may be able to recover these values as well.

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If you have been in a Florida car accident involving a truck, you may wish to consider working with a Florida personal injury attorney, especially if your loss of income or injury costs will be larger than your insurance deducible. Your Florida personal injury attorney can help you in many ways after your accident:

1) An attorney can help you examine your situation. A qualified attorney can assess the extent of your damages and injuries as well as the costs involved. Even a non-permanent injury can cost you thousands of out-of-pocket expenses over a period of months, as you visit the doctor for follow-up visits. A good attorney can help you understand the true costs of the accident and can help you examine the legal issues surrounding your case. A good attorney often knows what the insurance company won’t tell you and can advise you.

2) An attorney can secure additional evidence after your Florida trucking accident. A good attorney works with private investigators and also knows what to look for in medical records or police reports in order to bolster your case. He or she can help you understand what has happened in your accident and can help find whether anyone is liable in your accident.

3) A good attorney can negotiate on your behalf. Insurance providers often hire highly trained attorneys and negotiators to offer you low claim amounts. An attorney works on your behalf and ensures that your interests are protected.

4) A good attorney can offer legal coaching in your case. Even if you decide to negotiate or represent yourself in your case, an attorney can still offer you coaching by proving you with information about your legal case and can help you with every aspect of your case.

5) A qualified attorney can represent you in court if you decide to file a lawsuit. A good attorney with trial experience knows how to address a jury or judge in order to present your case in the strongest manner possible.

Continue reading " What A Florida Personal Injury Attorney Does for You After a Florida Trucking Accident " »

After a Florida trucking accident, you will need as many resources as possible as you work to recover. Being in a Florida car accident involving a truck is devastating and often leads to serious injuries as well as losses. This is not a time to try to be stoic and do it alone. There are many people who can help you as you recover:

1) A Florida personal injury attorney. An experienced Florida personal injury attorney can be invaluable when you have been in a serious Florida pedestrian accident, traffic accident, or any incident causing injury. A good attorney can ensure you don’t sign away your rights and can help ensure that your accident is carefully investigated in order to find all liable parties. A good Florida personal injury attorney can help ensure that you get all the support you are entitled to under the law as you recover. Working with a good attorney can help ensure quality care and can ensure that you pay fewer costs out of pocket.

2) Friends and family. After an accident, you will need your friends and family as your emotions run the gamut. Friends and family can support you emotionally and encourage you as you heal.

3) Insurance providers. If you are covered by insurance, insurance providers can play a large role in ensuring that most of your accident-related costs are covered so that you are not responsible for these costs. Unfortunately, not all insurance providers are eager to pay you fully for the costs of your accident. For this reason, it is often good to work with a Florida personal injury attorney to ensure that your costs are covered.

4) Counselors. If you are still having trouble recovering from your accident after a few weeks, you may wish to seek help from a counselor or therapist. This can help you get help in recovering from the emotional trauma, especially, of your accident.

5) Health care professionals. After your Florida truck accident, you will likely need to rely on health care professionals and doctors for at least part of your recovery. In many cases, you may need to rely on specialists as well. Florida burn injury patients, for example, may need to work with cosmetic surgeons to recover while Florida spinal cord injury patients may work with surgeons and rehabilitation professionals in order to regain mobility.

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