Florida Trucking Accident Lawyer Blog

One of the reasons why trucks are so dangerous and contribute to so many Florida car accidents each year is the sheer weight of the vehicles. The large size and weight of commercial trucks such as tractor trailers or semi trucks makes these vehicles unwieldy and slow to respond on the road. In the case of an accident, even small mistakes can lead to serious injuries. As well, drivers of these vehicles are often limited in their ability to drive defensively; since commercial trucks respond far more slowly than passenger vehicles, it is harder to avoid an accident.

Congress passed laws in 1973 to make trucks safer and to reduce the risks of truck accidents. One of the laws restricted the size and weight of loads. For travel in between states, load weights were limited to 40 tons (80 000 pounds). However, overweight permits and oversize permits are available to permit larger trucks on the road in certain circumstances. As well, the weight limits for steer axles are 12 000 pounds while the limits of dual axles are 34 000 pounds and the limit on single axles is 20 000 pounds.

There are federal limits which limit the size as well as the weight of trucks. On all federal highways, trucks can tow 2 trailers of 28 feet or one trailer of 48-feet. Trucks must be no wider than 102 inches on these roads.

States have their own rules and limits on truck weights, as well. Some states, for example, impose seasonal weight limits. Michigan is one such state. Other states allow some oversize trucks or overweight loads, as long as truck carriers meet specific safety requirements.

The reason for these federal and state weight limits is simple. The heavier a truck is, the greater a danger it is on the road. This is because in a truck accident a heavier truck creates a greater impact upon collision and is therefore more likely to cause serious damage and possible fatalities. As well, heavier trucks are more likely to rollover and are more difficult to manage, making it more likely that even an experienced truck driver will be in an accident. Finally, heavier trucks cause more wear on tires and brakes, making it more likely that these systems will fail prematurely.

To enforce federal and state weight limits, there are weight stations in every state. Trucks are supposed to automatically stop at these stations when the stations are open to allow authorities to check for weight violations. Unfortunately, some trucks continue to flout the rules and avoid the weight stations, creating unnecessary danger on the roads.

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Many experts agree that large commercial trucks are the most dangerous vehicles on the road. These vehicles cause many Florida truck accidents every year. There are many things that make them so dangerous:

1) Their size. Trucks are very large and this means that they can block visibility on the road. Driving behind a truck in a passenger vehicle means that you cannot see well ahead of you or anticipate dangers on the road. The size of trucks also makes them deadly in an accident, as they can easily crush smaller vehicles – and the passengers inside them.

2) Their weight. Fully loaded commercial trucks can weigh tens of thousands of pounds. This makes them dangerous as it causes them to accelerate down hills and increases the risk of Florida rollover accidents. The heavy weight of trucks also means that in an accident they can easily crush smaller cars.

3) The limited visibility. Trucks have multiple blind spots. This means that drivers are not able to see and anticipate cars around them. The multiple blind spots on trucks makes it especially important that other drivers maintain a safe distance from these large vehicles.

4) Their slow response times. Due to their size and weight, trucks take longer to get up speed and take much longer than passenger vehicles to slow down and brake. This means that they often cannot act quickly enough in time to prevent a Florida car accident, making it crucial that other drivers leave adequate distance in front of trucks.

5) Their loads. Many trucks carry dangerous loads, including hazardous materials, flammable substances, and toxic products. In cases where these loads spill, it can cause severe health and environmental hazards. As well, if loads are not correctly secured, shifting loads can cause rollovers and accidents.

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Along highways, especially, Florida car accidents and truck accidents often are caused by multiple vehicles. Multiple truck accidents are very complex cases because:

1) In these cases, there is usually a few mitigating factors involved. Multi-vehicle crashes usually occur due to complex reasons, such as a combination of weather and speed. After the fact, it can be complex to isolate all the specific factors without accurate accident reconstruction and analysis by investigative professionals.

2) Different passengers may have different ideas of how the accident happened. The police reports of Florida truck accidents involving multiple vehicles are often confused, because drivers near the rear of the crash may not have seen the initial impact and may have a very different view of events than the drivers in the first cars to collide.

3) There may be many liable parties. Every driver in such a crash may be held partly liable for the accident and car manufacturers, truck carriers, and others may also be held partly liable. It can take a skilled Florida attorney to determine and sort out all this information.

4) There are multiple sources of information. Conflicting reports are taken from different drivers and every car must be examined, as well as every truck in the crash. Such a crash usually involves multiple insurance companies and even multiple investigations by different attorneys and insurance carriers.

5) Evidence can easily get misplaced or damaged. Because there are so many people involved in this type of crash and because there are so many sources of information, early evidence recovery and investigation is important. In many cases, insurance companies arrive early at such accident scenes, knowing that the risk of evidence contamination exists. In some cases, insurance companies arrive before the police.

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Florida truck accidents can cause many types of injuries, including brain injuries. Florida brain injuries caused by traffic accidents are especially tragic because they can literally change an entire life in just an instant. A serious brain injury can leave a patient with difficulty remembering, speaking, moving, and performing everyday tasks. Florida brain injuries are also a leading cause of death in traffic accidents.

Brain injuries in traffic accidents can be caused by a number of situations. When a car impacts with a truck, the passengers in the passenger car are generally thrown about. If the head comes into contact with any hard surface, the soft mass of the brain is thrown against the inside of the skull, causing damage as well as bruising. In some cases, the impact of the head is so hard that the surface of the skull actually cracks, causing injury to the brain. In other accidents, the skull is punctured by a sharp object during the accident, causing immense trauma to the brain inside.

Injuries to the brain can cause the brain to bleed, bruise, or swell, all of which can be life-threatening. When a Florida brain injury patient is rushed to the hospital after a truck accident, the first aim of emergency personnel is often to stabilize the patient as much as possible and to find out the extent of the brain injury. Scans are often used to determine where and how the brain has been injured. In cases where swelling is occurring, steps need to be taken to bring down the swelling in order to relieve pressure on the brain.

Long-term, a Florida brain injury patient may need rehabilitation in order to regain use of mobility, speech, and other necessary functions. In many cases, patients with severe brain injuries have suffered permanent injuries and may not return to work. They may always need help for everyday tasks such as getting dressed or getting prepared for their day. In such cases, counseling or some form of therapy is often required in order to help patients deal with the frustration of their new level of ability. In such cases, recovering from a brain injury is a lifelong process.

In less severe cases, Florida brain injury patients may eventually return to their everyday lives. They may, however, still need therapy and long-term care in order to deal with any aftereffects of their injury. In all cases, once a Florida brain injury patient has sustained an injury, any further concussions or injuries to the brain area may be more severe. Therefore, careful monitoring of any other head injury becomes very important.

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There is no doubt that Florida truck accidents cause serious injuries. However, trucks can also cause other problems which can lead to Florida car accidents, fatalities, and serious injuries:

1) Trucks produce debris on the road. Trucks carry cargo, and sometimes that cargo simply isn't secured enough and comes loose. This can cause debris to spill all over the road, which can be dangerous for other drivers. Truck accidents can also produced debris which can cause tire damage as well as secondary accidents.

2) Trucks can cause visibility problems. If you've ever been trapped behind a truck in a traffic jam, you know how difficult it is to see around these large vehicles on the road. Groups of trucks can block your visibility and can make it harder for you to anticipate potential hazards and problems ahead, which can make it more difficult to drive defensively.

3) Trucks can cause road damage. A fully loaded commercial truck weighs tens of thousands of pounds. The heaviness on the roads is known to cause damage to the asphalt surface, causing potholes, cracks, and other problems which can affect your ability to drive smoothly and safely.

Trucks are an important part of the economy, allowing us to enjoy products from all over the world and allowing us to ship Florida-made goods all across the continent. However, allowing trucks on the roads does come with certain drawbacks. The number of Florida car accidents involving trucks shows this. While we need to share the road with trucks, however, we can do our best to ensure that as few accidents occur as possible.

Continue reading " Florida Truck Accidents are not the Only Problem – Trucks Can Cause Dangerous Road Conditions " »

There is no doubt that Florida truck accidents cause serious injuries. However, trucks can also cause other problems which can lead to Florida car accidents, fatalities, and serious injuries:

1) Trucks produce debris on the road. Trucks carry cargo, and sometimes that cargo simply isn't secured enough and comes loose. This can cause debris to spill all over the road, which can be dangerous for other drivers. Truck accidents can also produced debris which can cause tire damage as well as secondary accidents.

2) Trucks can cause visibility problems. If you've ever been trapped behind a truck in a traffic jam, you know how difficult it is to see around these large vehicles on the road. Groups of trucks can block your visibility and can make it harder for you to anticipate potential hazards and problems ahead, which can make it more difficult to drive defensively.

3) Trucks can cause road damage. A fully loaded commercial truck weighs tens of thousands of pounds. The heaviness on the roads is known to cause damage to the asphalt surface, causing potholes, cracks, and other problems which can affect your ability to drive smoothly and safely.

Trucks are an important part of the economy, allowing us to enjoy products from all over the world and allowing us to ship Florida-made goods all across the continent. However, allowing trucks on the roads does come with certain drawbacks. The number of Florida car accidents involving trucks shows this. While we need to share the road with trucks, however, we can do our best to ensure that as few accidents occur as possible.

Continue reading " Florida Truck Accidents are not the Only Problem – Trucks Can Cause Dangerous Road Conditions " »

Many Florida car accidents involve not only trucks, but problems caused by truck tires. There are many issues which can cause accidents:

1) Tires exploding. If you've ever driven behind a big wheel truck and have seen one of its tires fall apart, you know how frightening it can be. Rolls of rubber come flying at your passenger vehicle, and there's often no room to react, especially on the highway. You may simply drive over the pieces of shredded tire. If you are unfortunate, the shredded tire may hit your windshield, obscuring your view. It's easy to see how this can cause an accident. A tire coming off a truck can also cause the truck driver to lose control of the vehicle.

2) Tire defects. Tire manufacturers do a great deal to prevent defects from getting into their products. However, defects do occur. Tiny, invisible defects can cause a tire to come apart on the road, explode, or otherwise function incorrectly. When this happens, drivers can lose control of the truck, the truck may roll over, and many other types of accidents can occur. Even if that tire is without defects, it can become defective if it is stored incorrectly or stored for an extended period of time, allowing the rubber to disintegrate.

3) Tire problems caused by truck accidents and truck debris. Sometimes, the problem is not truck tires themselves, but rather the damage that trucks can do to passenger vehicle tires. Truck accidents, for example, can rip out the surface of a road, affecting passenger vehicle tires and even causing accidents. If a truck is carrying sharp objects and these fall off onto the road, it can cause the tires of passenger vehicles to become damaged, potentially causing accidents.

4) Tires coming off trucks. If truck tires are not correctly secured, they may literally fly off the truck, hitting oncoming cars and causing chaos on the road. While fortunately such accidents are rare, when they do occur there is a high probability of fatalities and serious injuries.

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Every type of traffic accident is tragic, but perhaps few are as mismatched and as tragic as Florida pedestrian accidents involving trucks. When a truck hits a pedestrian, the pedestrian literally has no defenses available. There is often nothing between the truck and the pedestrian, meaning that fatality rates in these types of accidents are extremely high. In a passenger car, at least, the safety systems of the car as well as the metal and glass of the vehicle provide a layer of protection to the occupants inside.

What is even more tragic is that these pedestrian accidents often involve young children who simply cannot be seen by the truck driver. In many cases, young children are drawn to trucks and may play behind trucks or around trucks, where they are not visible. When the truck driver climbs into the cab, he or she may simply not see the child and either backup over them or drive over them. Children often do not notice -- the way an adult would -- the truck is about to move and may simply not be able to get away in time. It is one reason why it is imperative that parents teach their children to never play around trucks -- even trucks that are standing still.

Even for adult pedestrians, however, the outcome for Florida truck accidents is very tragic. Since trucks are on such high wheels, adults who are standing up at the time of impact are often hit along the upper body, where the chest and head can be crushed. Florida head injuries are especially common in this type of accidents, and are often fatal.

One frightening thing about such accidents is that they are hard to stop once they begin. The pedestrian pounding on a truck or yelling cannot be heard by a truck driver. Often, there is no time to simply leap out of the way. It is very difficult for the pedestrian to get the attention of a truck driver to prevent an imminent accident, simply because trucks have so many blind spots.

The good news is that such accidents are in fact preventable. Good warning systems on trucks can let pedestrians nearby know when a truck is backing up. This helps prevent rollovers. Newer truck may make use of computer technology and small cameras which allows them to see what is happening behind the truck. This can also help reduce some of the blind spots in the truck.

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For most customers, rising fuel and diesel prices are bad news. Not only are the costs of transportation quickly rising with fuel prices, but the costs of consumer products are increasing due to the costs of fuel. Most products sold to consumers need to be transported by truck or by other vehicles which use diesel. As fuel prices increase, companies are increasing fuel surcharges and consumers are facing higher costs at retail centers, too.

According to the trucking industry, diesel prices are close to $4 a gallon, a dollar increase over the same time last year. While no one likes higher prices, could the increase in costs actually have a hidden benefit? Many carriers are looking for ways to reduce fuel use in order to keep prices competitive, and many of the methods used to lower fuel consumption may actually also help prevent Florida truck accidents:

1) Better route planning. Most truck companies are now trying to find the most efficient ways to get from point A to point B, with an eye to fuel efficiency. However, faster routes can also mean less occupied routes, which could mean fewer Florida car accidents involving trucks. If companies avoid busy roads in order to reduce idling and slow speeds, there will be less competition on roads and potentially fewer accidents.

2) Less idling. Idling uses up fuel, so it is expected that carriers will be more strict about idling. However, idling can also help reduce pollution and can help make the streets safer and cleaner.

3) Better truck maintenance. Commercial trucks that need repairs are more likely to be fuel-inefficient. They are also more likely to have flaws – such as brake trouble or undetected tire defects – that can lead to an accident. By improving care of vehicles to save on fuel costs, carriers may also be making their fleets safer.

4) Using specific tires, air foils, mud flaps and other equipment. Using equipment designed to make trucks more fuel-efficient may not automatically make trucks safer. However, more attention to trucks can help carriers notice – and fix – any problems that could lead to an accident.

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If you've been injured in a Florida truck accident and decide to pursue a claim, you need to be aware that defense attorneys hired by the insurance company or truck company will work to disprove your claim. During the pretrial discovery process, the defense attorneys will be able to access medical records -- not only from the accident but also from far before the accident took place.

It is important to be aware of this because it means that defense attorneys will have access to very personal information about you and will be able to use this information in court. As well, it is important to be aware of this in order to discuss your pre- accident medical records with your own Florida personal injury attorney. This way, your attorney is prepared to represent you.

If you have sustained a brain injury, for example, but you have sustained other concussions before due to sports -- even if those concussions occurred decades ago -- defense attorneys may try to claim that your current injuries are caused in part by those previous injuries and therefore their clients should not be held completely liable. It's very natural for plaintiffs to get very upset by this type of argument, but it is part of the legal process. Knowing about it ahead of time can help make you feel more comfortable with the court process.

If you have been injured in a Florida truck accident, it is important to find a good personal injury attorney you can trust. A good attorney can help prepare you for the court case, the defense attorneys' tactics, and the process itself so that you are more comfortable. However, before you start a claim you also want to be aware that any personal information that is available in any of your records will be made available. If you have previous reckless driving or drunk driving convictions, for example, you can be certain that the defense will try to use this to argue that you may be partly liable for the accident. Being prepared for such comments can help make them less upsetting.

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US Senators Lamar Alexander (R-Tennessee) and Mark Pryor (D-Arkansas) are supporting proposed federal laws which would make it mandatory for most commercial tractor trailers to have electronic on-board data recorders installed on board. According to industry experts, this law, if passed, might help prevent truck accidents caused by fatigued drivers. The bill, known as the Commercial Driver Compliance Improvement Act, might go into effect in 36 months if passed.

Experts say that electronic data recorders might help prevent fatigued driving and the accidents caused by sleepy drivers because the devices would identify the driver, record the location of the truck in real time, and keep track of driving time as well as stop times. If a truck were pulled over, the devices would allow police to access the information.

Experts note that these features would help prevent accidents in a number of ways. The tamper-proof recorders could keep note of how long drivers were driving and would allow drivers to keep tabs on compliance with hours of service laws. By allowing police to access the data, recorders would also make enforcement of such laws simpler. Plus, in the event of a Florida truck accident or an accident anywhere, the information recorded would help establish liability, potentially.

According to at least one study, fatigued drivers may contribute to as many as one out of every seven fatal trucking accidents. There are currently about 500 000 trucking companies in the industry, and while implementing the recorders would be expensive for the industry, experts note that such recorders are the only reliable way to ensure that hours of service rules are being followed.

Currently, drivers are required to keep a log book of hours driven and hours rested, but these books rely on self-reporting, which has been proven to be fallible and easy to falsify. The recorders can also be useful in identifying which driver was in which truck at which time, something which can be useful for law enforcement and investigators after any Florida car accident involving a truck.

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If you have been in a Florida truck accident and do not appear to be seriously injured, you may think yourself lucky to walk away from an accident. It's true -- given the size difference between passenger vehicles and trucks, surviving any Florida car accident involving a truck is often a cause for celebration. However, many people who are fortunate enough to walk way from Florida truck accidents do not bother getting medical help. This can be an expensive and dangerous mistake.

The truth is, if you have been in a Florida truck accident you need to seek emergency medical help immediately. Even if you think that you are not injured, you may have sustained in internal injuries and other injuries which may not show up immediately. For example, injuries such as whiplash and some brain injuries may not present immediate symptoms. Nevertheless, brain injuries can the fatal if not treated, even if you seem fine at first. Seeking immediate medical help ensures that there is no problem that can endanger your life and your health.

Another excellent reason to visit a medical professional or emergency room after a Florida truck accident is to start the documentation process. If you do need to file a claim with your insurer or if you do find that you have been injured and didn't realize it, getting immediate help ensures that there is an emergency room file about your condition. This can help you file a claim later on if you decide to do so.

Unfortunately, many Florida truck accident victims find that they are left with the entire bill or much of the bill of their medical costs after an accident. Insurance companies do not usually rush to pay out the full claim in any accident. If they did so, they would lose money. As well, it can be difficult to prove an injury has occurred from a specific accident. Getting help immediately can save your life, and it can also help prove that any injure you have sustained was in fact caused by the accident.

Going to the emergency room may be frightening, it may cost money, and it could take some time. However, it can also help save your life and could help provide you with the documentation you need to pursue any claim. It is always better to be safe than sorry. When visiting the emergency room, it is also a good idea to get a copy of your medical file before you leave. Again, if you need this information to prove a claim, it will be handy to have this information at your fingertips.

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There are many Florida car accidents involving trucks, and in many of these accidents, serious injuries or even fatalities result. Truck accidents can cause a variety of injuries, including burn injuries. Florida burn injury patients brought in from car accidents and road accidents often face a long recovery time, considerable pain and suffering, as well as high medical costs.

Burn injuries can occur in a truck accident if a truck is carrying a flammable material which catches on fire. As well, chemical burns can occur if a truck is loaded with a dangerous chemical substance which spills and affects passengers and bystanders. In some cases, the force of a truck hitting a car causes enough of an impact to start a fire. Fueled by spilled gas, this fire can easily burn out of control and burn passengers as well as bystanders.

Florida burn injury patients are usually rushed to hospital right from the accident scene. Usually, emergency room personnel first work to stabilize the patient's condition. While most people think of burns as being mainly a skin condition, serious burns caused by traffic accidents can in fact be fatal. Fires caused by a truck accident can burn hot enough to seriously injure a person, melting not only the skin, but also the fatty tissue, muscles, and even bones underneath. If major organs are affected by the burns, a person's life can be endangered.

Once the patient is stabilized, the next step is often treating the burns. Treatment will depend upon the severity of the burns. Often, a major concern is to prevent infection and to save as much of the skin and underlying tissue as possible. Pain management is also often an important part of the process, as burn injuries can be extremely painful, affecting nerve endings which send pain signals to the brain.

Florida burn injury patients often face a long recovery. They may need therapy to deal with the trauma of the accident and the changes in their appearance. They also generally need skin grafts as well as other skin treatments in order to cover the burn marks. In cases where a burn is very severe, patients may need rehabilitation and physiotherapy in order to regain use of their limbs and their muscles. Reconstructive surgery is often necessary in order to help a person lead a full and normal life after their injury. Unfortunately, many insurance companies dismiss skin grafts and reconstructive surgery as cosmetic and often refuse to pay for these very expensive treatments. A good Florida personal injury attorney is often a must for Florida burn injury patients. A good lawyer can helped negotiate with your insurance company to ensure that you get the financial support you need after serious injuries such as a burn injury.

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Hours of Service rules (49 CFR Part 395) apply to all commercial truck drivers and are designed to help prevent Florida truck accidents as well as truck accidents across the country. The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration reports that these rules are intended to lower the rate truck accidents, and it seems to be working – fatal truck accidents have been decreasing in number every year. Nevertheless, many thousands of people continue to die and many more thousands continue to suffer from serious injuries as a result of these accidents -- many of which are preventable.

This year, Hours of Service rules were changed, but experts still say that much can be done to help improve these rules to ensure that truck accidents caused by fatigued drivers are simply less of a risk on our roads. For example, under current regulations, employers can still push truck drivers to drive a tractor trailer 18 wheeler for 14 consecutive hours -- legally. Studies also show that truck drivers, on average, get less sleep than many other types of workers. Legislators and experts have both stated that more can be done to make such situations less common.

Hours of Service rules exist to ensure that drivers do not drive when unsafely tired. These rules require commercial truck drivers to log the number of hours that they drive, to take frequent rests -- which must be documented -- and to drive no more than a certain set number of hours within any 24-hour period before taking a rest.

Experts say that while these rules are a good start, part of the problem is that current rules shift most of the liability on to the driver. If drivers are pushed to break hours of service rules by unreasonable deadlines, for example, it is often drivers who are blamed if driver fatigue causes a Florida car accident or truck accident.

Companies often pay drivers by the mile. This means that drivers are pressured to drive longer in a smaller period of time in order to make better money. As well, it also means that drivers are not necessarily compensated for work-related tasks, such as waiting for trucks to be loaded, or sitting in traffic. Any delays a driver encounters mean a loss of revenue and drivers may be tempted to drive faster or to drive longer in order to make up the difference. It is for this reason that many experts believe that Hours of Service rules are not enough and that rules should be in place to protect drivers from such pressures.

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