Florida Trucking Accident Lawyer Blog

Miami truck accidents regularly close down highways and roadways and send victims to the hospital. A number of these accidents are caused by preventable load issues. The average commercial tractor trailer is more than 40 feet long, 13 feet tall, and is loaded with freight that can weight up to 80 000 pounds. Accidents occur every day in Miami, Fort Lauderdale, Coral Gables, and other Florida cities when incorrectly secured loads cause rollovers or when materials fly out of trucks and into oncoming traffic.

Commercial trucks are designed to carry large cargo, but that does not mean that cargo problems don’t occur. In fact, city authorities see many hazards and many Miami car accidents and truck accidents caused by load issues. Common issues can include:

1) Heavy weights that lead to loss of control of the truck. When a truck carries more weight than it was designed to carry, the extra pressure means more momentum, which can make it harder for the truck to stop, especially on hills and inclines. Heavy truck weight can make it very challenging for truck drivers to stop in time to avert an accident. Heavy cargo weights can also make it easier for the driver to lose control of the vehicle.

2) Incorrectly secured loads can make it harder for the driver to steer and control the vehicle.

3) Excessively heavy cargo can place so much stress on the brake system that the brakes fail. The extra momentum on a very heavy truck going downhill is especially dangerous for brakes.

4) Excessively heavy loads place so much extra pressure and weight on tires that tire blowouts can happen more easily, leading to accidents. Tires are designed to carry a specific limit of weight and exceeding this weight leads to an accident in many cases.

5) Very heavy cargo can make it hard for truck drivers to get uphill. The truck may roll back when the driver tries to brake or may move very slowly forward. This can make rear-end collisions far more likely, especially on curvy roads.

6) Incorrectly secured cargo can move and shift during the drive, distracting the driver and leading to an accident.

7) A poorly balanced cargo load can affect the center of gravity for the truck, causing a rollover or steering failure.

8) A cargo that has not been secured properly can roll and shift suddenly, increasing the risk of a rollover.

There are laws about the weight commercial trucks can carry and there are regulations about tire and axle load, weight distribution, and cargo securing. Truck drivers, carriers, and truck companies are responsible for ensuring that trucks stay safe on the road. Truck weigh stations across Florida and across the US make sure that truck drivers follow the laws. However, some companies and drivers are not as careful as they should be about securing loads and ensuring safe load weights. A casual attitude about load issues can easily lead to accidents.

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There is nothing more devastating about Florida truck accidents than the high fatality rate these accidents cause. Florida truck accidents often make the news because the sheer force and size of commercial truck accidents often cause dramatic, devastating accidents. These types of accidents claim lives every day, devastating families. If your family has suffered this type of loss, the Flaxman Law Group would like to extend our condolences. In our experience with grieving families, we have found that families who have lost a loved one in a traffic accident may wish to:

1) Take care of themselves and their family. If you have lost a loved one, there are likely many people touched by the loss. Working together as a family and grieving together can help everyone heal.

2) Secure their future. If there are children involved, especially, safeguarding their future is often a family's main concern. Unfortunately, when children lose a parent or family member, they lose support and also financial stability. Seeking a Florida wrongful death suit, if appropriate, after an accident can help children secure the financial resources needed for counseling and for a bright future. Working with a Florida personal injury attorney can be one way to ensure that children's futures are secured.

3) Get answers. After a truck accident, there are often many questions. A family may wish to know what caused the accident and whether it could have been prevented, for example. Answering these questions is often important in order for a family to get much-needed closure. Answering these questions can also help a family secure a fairer settlement, which can help the family pay for memorial services.

4) Make a difference. Although a truck accident fatality is tragic, many families do want to create some good, in order to commemorate a loved one. There are many ways to do this. Some families contribute to a charitable cause, for example, while other families become tireless advocates of road safety, raising awareness to prevent other tragedies.

5) Focus on healing. All families need to focus on healing and moving forward after a devastating loss. Unfortunately, there is often much to do after a loss. Families may need to settle an estate, plan a memorial service, deal with insurance carriers, and answer police questions about the accident. Working with a good Florida attorney can help. A full service law firm such as the Flaxman Law Group, for example, is dedicated to helping injured victims and families every step of the way.

Continue reading " Losing a Loved one in a Florida Truck Accident " »

Florida truck accidents can be one of the most expensive accidents on the roads. In many cases, insurance carriers cover only the immediate costs of the accident, but victims often face numerous costs and expenses, including:

1) The cost of car repair or replacement. After a Florida car accident or truck accident, you will need to replace or repair your vehicle. Due to the size of a truck, the most likely scenario is that your car will be beyond repair. If you have a car loan or are making car payments, you will also need to cover these costs, even if the vehicle is no longer functional.

2) Lost income. Recovering from a Florida truck accident can take months or years. If you cannot work during this time, you will need to replace lost income. If you have a permanent injury, you may need to replace a lifetime of income or you may need to take on a lower-paying job and make up for the difference in income.

3) Medical costs. The medical costs after a truck accident can be staggering. Since injuries in a truck accident are more likely to be serious, patients can expect long hospital stays and long treatments, which can add up quickly. Someone who has sustained serious injuries in a truck accident can end up paying hundreds of thousands of dollars a year for treatment. Medical costs can include hospital stays, surgery, home care, medication, rehabilitation, doctor visits, and more.

4) Secondary medical costs. In addition to the immediate medical costs, there are often secondary medical costs as well. For example, you may need to pay for a taxi to get to a doctor's appointment or you may need to buy medical devices and equipment, such as crutches or supports. Over months and years, these costs can really add up.

5) Transportation costs. If you are severely injured, you may not be able to drive for some time after your accident. This will mean that you will need to pay for taxis or other forms of transportation as you heal.

6) Alternative care. Many truck accident victims are in severe pain after their accident, and, unfortunately, medical science cannot always help chronic pain patients. Many patients turn to alternative or holistic treatments to supplement medical care and increase the chances of healing. Unfortunately, these costs are usually not covered by insurance, even if the treatments are truly necessary for a patient to help manage severe pain.

7) Accessibility costs. After an accident, a Florida spinal cord injury patient or brain injury patient may have decreased mobility. He or she may need a wheel chair, a wheel chair ramp at home, an accessible vehicle, and other accessibly features for their home. These can cost tens of thousands of dollars.

8) Property damage considerations. Anything in your car at the time of the accident, including digital cameras, jewelry, cell phones, work laptop, mobile devices, and other items, is likely to be damaged in the accident. You will likely need to replace these items, which can also be a substantial investment.

Continue reading " A Florida Truck Accident May Cost More Than You Think " »

T-bone accidents cause 9,000 deaths annually in the US. In fact, only head-on crashes are more deadly. The only thing more deadly than a Florida side impact car accident is a Florida truck accident in which a truck t-bones a passenger vehicle. A Florida T-bone truck accident almost always leads to fatalities or very serious injuries for the passengers of the car. The sheer size and force of the truck usually not only crushes the side of the vehicle into the passengers, but the impact of the collision will generally push the car some way before the two cars come to a stop. The sheer impact can cause a fire, serious injuries, and complete destruction of the vehicle.

Since passenger vehicles have less padding on the sides than large trucks, any passengers in the vehicle affected by a T-bone crash with a truck are likely to be severely injured. Even with side impact airbags, which are not standard in all passenger vehicles, the impact of the crash is enough to cause fatal injuries or very serious injuries. In these types of accidents, the driver of the truck is unlikely to be injured, as he or she is seated above the point of impact and protected by a cab.

The frustrating thing about side impact truck accidents for victims is that very often they are extremely preventable accidents. A side impact truck accident in Florida is likely caused by a driver who does not stop for a red light or stop sign or fails to yield right-of-way. This can occur because a driver falls asleep at the wheel, is distracted, or is simply driving aggressively and runs a red light. It can be galling for victims to realize that their serious injuries or even the loss of a loved one is caused by someone who has been driving recklessly or negligently.

If you have been injured in a Florida T-bone accident, you will need a qualified Florida truck accident attorney. Truck carriers usually have teams of attorneys as well as powerful insurance companies working on their behalf. You will need a qualified Florida truck accident attorney to negotiate a fair settlement for you – one that covers the costs of your vehicle, medical bills, lost income, and other expenses. Without the help of a qualified attorney, you may end up paying some of these costs or even a substantial portion of these costs out of pocket. If you have sustained a long term or permanent injury, especially, the costs of your injury over a lifetime may be much higher than you think. Working with a qualified Florida personal injury attorney or truck accident attorney is your best chance of ensuring that you are adequately compensated for someone else's negligence and recklessness. As well, with a fair settlement you may be able to afford high-quality medical care which can help you to heal more fully from your injuries.

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Excessive cornering speed, tripping, collisions, and critical slopes can all contribute to rollover accidents. SUV rollovers and van rollovers are very common, but big rigs and tractor trailers are also at substantial risk for rollover accidents. Large commercial trucks are especially vulnerable to rollover accidents for number reasons:

1) Truck drivers cover many miles of road in their trucks. Since truck drivers are on the road more often, they're naturally a more at risk for Florida car accidents and truck accidents than drivers who drive less frequently. The sheer amount of time spent on the road increases the likelihood that a rollover or other type of Florida truck accident will happen.

2) Trucks are top-heavy. Commercial trucks are designed to carry enormous amounts of cargo, and are often very tall in order to accommodate cargo. Even with a wide wheel track and large wheels, this tends to make trucks very top-heavy and therefore more likely to rollover.

3) Trucks carry heavy, sometimes-unstable loads. A fully loaded truck can weigh many tens of thousands of pounds, and this puts additional pressure and weight at the top of the vehicle, which makes trucks even more top-heavy. As well, cargo may be incorrectly secured, making it shift and making a rollover more likely. In situations where a load is incorrectly secured, there may be multiple liable parties in the event of a truck accident. In some cases, such as when transporting live animals, securing a load so that it does not shift is almost impossible, and increases the risk of a rollover.

4) Truck drivers are under pressure to make deadlines. Truck drivers often need to make certain runs within a certain time limit in order to get their cargo to a destination on time. The additional pressure can encourage drivers to speed, and speeding is a leading cause of rollovers.

5) Tire problems. Trucks, due to their size and weight, place a great deal of pressure on their tires, and this causes to wear down and malfunction more frequently, especially if tires are not maintained correctly or if a truck is carrying too much weight. When Florida tire blowouts or tire problems take place, it is possible for rollovers to occur.

Truck rollover accidents are usually deadly. A truck that has rolled over can obstruct traffic and even cause secondary Florida car accidents. A truck that has rolled over can also easily ignite, especially if the truck is carrying flammable materials. If a truck rolls over into oncoming traffic or into other lanes, other cars are likely to be crushed or severely damaged due to the sheer size of the vehicle. Even though truck drivers are shielded in the cab of the truck, the force and impact of a rollover can lead to serious injuries for a truck driver. Spinal cord injuries and brain injuries are just two of the serious injuries which can occur with a truck rollover accident.

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The a 2010 report, the National Census of Fatal Occupational Injuries in 2010, has revealed that the most dangerous jobs in the U.S. in 2010 included truck driving, fishing, logging, mining and aircraft-related occupations. Many of these occupations are considered dangerous due to the heavy machinery or trucks used. For example, truck drivers drive commercial trucks which sometimes weigh up to 80,000 pounds, so that any accident involving these trucks leads to serious injuries and fatalities. The interesting thing about the other statistics, as well, is that many of the other occupations listed as dangerous also include trucks or heavy vehicles. For example, logging often requires large commercial vehicles in order to move timber. Even in jobs where trucks are not regularly used, such as animal handlers, many of the 2010 fatalities stemmed from transportation accidents. There's no doubt about it: transportation is a major risk in the workplace.

Transportation accidents are in fact a factor in many other dangerous jobs. For example, trash and recycling pick-up workers experience a high rate of injury and fatalities. While this can seem like an unusual statistic, the reality is that trash and recycling pickup workers use large trucks in order to do their jobs. These trucks must make frequent stops and starts in order to pick up garbage and waste. The frequent stops and starts can easily lead to accidents. As well, the drivers and workers must enter and exit the truck several times throughout the day, increasing the risk of a pedestrian accident and other types of accidents.

Accidents on the job are very complex from a legal point of view, as they often concern labor laws, workers compensation rules, and laws surrounding drivers. If you've been injured in a trucking accident on the job, you will need a qualified Florida trucking accident attorney and workers compensation attorney to investigate your accident and to determine whether adequate precautions were taken to keep you safe on the job. There may be multiple liable parties, which can help you get fair compensation in order to cover your medical costs, lost income, and other expenses. No one should be injured on the job. If you have sustained serious injuries in an accident while working, you deserve qualified legal help so that you can understand your options. Good legal help can also help ensure that there is someone to aggressively fight for your rights. Your employer and their insurance carrier have teams of attorneys working for them – don’t you deserve quality legal assistance as well?

Continue reading " Truck Driving a Dangerous Job: Report " »

Each year in the US, 1500 people are killed in hit and run accidents. According to the Department of Transportation's National Highway Traffic Safety, 18% of victims are pedestrians. In some situations, the hit-and-run offenders are especially blatant, sometimes stepping out of the vehicle in order to move aside and injured pedestrian or victim before speeding off away from the scene of the crime.

There are strict laws in place that require anyone who has been in a car accident to assist any injured party and to exchange information with the other driver or drivers involved in the collision. Failure to do this can result in serious charges. In cases where a Florida hit-and-run accident has taken place, police usually earmark considerable resources to find the offender, and in many cases the offender is eventually caught with public assistance. Once caught, the hit-and-run driver faces numerous additional charges in addition to causing the crash.

Hit and run accidents are especially cruel because they often deny the victim of needed assistance. For example, in a Florida pedestrian accident caused by a Florida hit-and-run driver, the victim may not get help in time if the driver simply speeds off instead of staying to offer assistance or staying in order to call emergency personnel. The delay can be fatal if the victim has sustained a serious brain injury or other life-threatening injury. A hit-and-run driver who simply drives away from the scene of a crime also often makes it harder for the victim to get adequate compensation and insurance money in order to pay for medical costs and other expenses related to the accident.

Much has been written about the psychology of hit and run drivers. Some studies have shown that some drivers speed off away from the scene of a crime because they panic or because they're afraid of facing the consequences of their actions. In other cases, hit and run drivers drive away because they have criminal records, no insurance, or otherwise do not wish to interact with police for some reason. In any event driving away from the scene of an accident is a crime.

If you have been in a hit and run accident, you can pursue criminal charges as well as civil charges. Florida law is very strict about hit and run accidents. If you have been injured by a driver who speeds away, you can seek compensation for your damages. However, you will first need to locate the hit-and-run driver and gather strong evidence against him or her. This is where a Florida truck accident attorney can help. A good Florida accident attorney can investigate your accident, can gather evidence, and can present a case in court so that you get the compensation you may be fully entitled to under the law.

Continue reading " Hit and Run Florida Truck and Car Accidents " »

Florida truck accidents are one cause of brain injuries – and brain injuries are a serious problem across the country. According to statistics, one million people seek medical attention in the US every year due to a head injury. Up to 100 000 of these patients have severe and prolonged problems that will affect their lives for a long time. In Florida car accidents and truck accidents, there are a number of ways that the brain can be injured:

1) Bleeding. Even with a low-speed and low impact accident, a collision causes a person's brain to impact against the hard skull. This can occur even if the person does not hit their head on a hard surface. The soft tissue of the brain is pushed violently against the skull, possibly tearing blood vessels and releasing blood into the brain. Since there is no room for the blood, the blood can press against brain tissue, causing areas of the brain to cease working correctly. Critical areas of the brain can be affected, affecting the heart or breathing. One of the most insidious things about this type of injury is that it does not present symptoms right away. A Florida brain injury patient may feel fine after their accident or may assume that they are uninjured because their head did not hit any hard object. However, within hours or minutes, symptoms can manifest rapidly. If the patient does not get help in time, death often occurs.

2) Bruising. Just as with bleeding, this type of injury can occur in a Florida truck accident, even if there is no impact. When the head is whipped back and forth during a truck collision, the brain tissue impacts against the skull, and this can cause bruising to take place. In fact, if the head is thrown back and forth, the Florida brain injury patient may have two bruises – one where the brain impacts the front of the skull and one bruise where the brain tissue impacts against the back of the skull. This is known as a "contra coup" brain injury. As with bleeding, bruising can injure critical areas of the brain.

3) Tearing. The impact of a Florida truck accident can cause tears in the tissues of the brain, especially if the head impacts with a hard object. This can disrupt signals in the brain, leading to serious and permanent injuries or fatalities. Tearing can also be difficult to diagnose, as this type of injury often takes place on a microscopic level. Even CT Scans and MRIs may not necessarily be able to detect small tears in the brain, even though these tears can have a significant impact on a Florida brain injury patient's life for a lifetime.

4) Swelling. If the brain is bruised or injured, it can swell, just like any injured part of the body. Unfortunately, since the brain is encased in the skull, there is no room for swelling. Swelling of brain tissue can create a life-threatening emergency, since the brain tissue will eventually push up against the skull, building pressure and destroying vital areas of the brain. Doctors can install an IC or intra-cranial pressure monitor to relieve pressure caused by swelling.

5) Open injuries. Swelling, bruising, and bleeding are closed-head injuries. They occur even if the skull itself is protected. In some Florida truck accidents, however, the impact is great enough to fracture the skull. With the skull fractured, objects can become imbedded in brain tissue and the tissue can become damaged because the skull is no longer protecting the area.

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There is no question that truck driver fatigue leads to Florida truck accidents and car accidents. Numerous studies have shown that fatigued driving can be just as dangerous as Florida drunk driving accidents. Tired drivers have slower response times and can actually drift off at the wheel, sometimes for only seconds at a time, momentarily losing control of their vehicle. Drowsy driving causes many Florida car accidents a year, as well as pedestrian accidents and truck accidents. Fatigued truck drivers in a special concern, since the size of their truck can mean that any impact with that truck can cause fatal or serious injuries.

Since driver fatigue among commercial truck drivers in such a serious problem, federal agencies have instituted rules to ensure that truck drivers get adequate rest before heading on the road. The federal government has imposed hours of service regulations, which restricts how much time drivers can spend behind the wheel before they have to take rest. The same policy also restricts total time on the road, and requires commercial truck drivers to keep records of the hours spent driving and resting. However, some experts claim that more needs to be done to ensure that drivers do not drive fatigued.

The Federal Motor Carrier Safety Administration has suggested new rules, which would cut the driving time for interstate truck drivers to 10 hours in every 14-hour shift. Currently, drivers are permitted to drive 11 hours in every shift. Under the proposed changes, drivers would also need to take more time off between seven-day drives and would need to take one-hour rests on longer shifts. The rule will be deliberated until October 28, when a final decision about the suggested changes will be made.

The Federal Motor Carrier Safety Administration has already passed new rules as of 2010 to combat fatigued driving. In 2010, the agency passed a policy which will require interstate truck drivers to install electronic devices if they violate hours of service rules repeatedly. The electronic devices will gauge rest periods and driving times more accurately than paper log books, which can be falsified easily. This rule has been approved and will be in effect by 2012. The agency is also contemplating a policy change which would make it mandatory for all interstate truck drivers to have recorders onboard, permanently replacing paper log books for all truck drivers.

While some advocates claim the new rules will reduce the number of fatigued drivers on the road, some experts claim that the rules will increase the costs of trucking without having a sizeable impact on safety. Some experts in the trucking industry, for example, point to statistics which show that the number of fatal truck collisions across the country has dropped since 2004. Between 2008 and 2009 alone, fatal commercial truck accidents involving large rigs dropped 20%. Federal records also show that driver fatigue is the cause of as few as 2% of fatal truck accidents.

However, the Federal Motor Carrier Safety Administration maintains that while the drop in fatal collisions is a step in the right direction, the number of such crashes is still too high. As well, many experts say that drivers face tight deadlines and economic pressures to drive tired, especially now that truck companies are reducing the number of drivers amid cost concerns. Experts also note that statistics about driver fatigue can be misleading, since authorities often only cite drive fatigue as a cause of a truck crash in cases where fatigue is obvious or in cases where a driver admits to fatigue. According to some experts, driver fatigue is an underestimated cause of many traffic accidents.

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