Florida
Trucking Accident Lawyer Blog

If you work with a North Miami personal injury attorney because you have been injured in a truck accident, one of the things your attorney will do is evaluate all the information available and will investigate the accident itself to determine all liable parties. There are many ways that attorneys can do this:

1) Look up records regarding past violations involving the same truck driver or trucking company. If a truck driver has previously involved in a North Miami car accident or if the track record of the truck carrier is poor, this can indicate that the driver or the company did not take due care and may be held liable for the accident.

2) Subpoena the truck’s maintenance records. One reason it is important to retain an attorney quickly after a North Miami truck accident is because maintenance records may not be kept for very long. Yet, they can indicate whether the truck was well maintained. If the truck had known problems that were never fixed or if the truck was not regularly inspected and maintained, this can help show dangerous negligence on the part of the driver or truck company.

3) Determine the speed at which your vehicle and the truck were traveling. Excessive speed is a frequent factor in fatal collisions.

4) Gather evidence about, and analyze, any damage to the vehicles. This damage can help accident reconstruction experts determine the cause of an accident.

5) Subpoena the driver’s log book. Again, the log book may not remain forever, so it is important for a North Miami truck accident attorney to secure this book right away. By law, all commercial truck drivers are supposed to indicate hours and miles driven, as well as stops taken. If a log book is incorrectly kept or shows that the driver did not rest adequately before an accident, this can help prove driver liability in the accident.

6) Speak to first responders and witnesses at the scene of the North Miami traffic accident. Securing this testimony can be especially important if a victim decides to pursue legal action against the truck company or driver.

7) Gather evidence from the truck’s black box. This can indicate information about what the truck was doing (and how fast the truck was moving) before, during, and after the accident.

8) Work with accident reconstruction specialists and private investigators to determine the cause of the accident and liable parties in an accident. If more than one liable party emerges, this can increase the chances that the victim will get a fairer settlement for injuries. In many cases, a North Miami truck accident is blamed on the drivers, but a number of factors – including road maintenance, other drivers, car defects, truck brake defects, and other causes – may be to blame. Often, only a thorough and professional investigation can help uncover the true reasons behind an accident.

9) Review the trucking company’s policies, safety procedures, maintenance schedule, and accident track record.

10) Evaluate the total costs of the accident. In many cases, insurance companies and victims do not consider the long-term costs of a North Miami traffic accident, but the injuries sustained in a serious accident can last many years and may require many years of expensive medical treatment.

Continue reading "What a North Miami Personal Injury Attorney Looks at After a Truck Accident " »

After a Fort Lauderdale truck accident, one of the first things that the truck carrier, attorneys, and insurance companies will do is try to determine liability. If you have been injured in a Fort Lauderdale car accident involving a truck, you will want to work with a qualified Fort Lauderdale personal injury attorney, since an experienced attorney can help determine liability. If your attorney is able to find that a few people share liability for the truck accident, the odds that you will get fair compensation for your lost income, medical costs, car repairs, and other accident costs is improved. There are a few parties who may be found liable for your Fort Lauderdale traffic accident:

1) The truck driver. In many Fort Lauderdale truck accidents, the truck driver is considered the primary liable party. This is because in many Fort Lauderdale traffic accidents, it is driver error that leads in to the accident itself. Your Fort Lauderdale car accident, for example, can be caused by a truck driver’s distraction, fatigue, drug use, or other errors.

2) The trucking company. In many cases, the trucking company can be held at least partly liable in a Fort Lauderdale truck accident. This is because many trucking companies have policies which contribute to accidents. For example, a truck carrier may not adequately screen or train its drivers, or may encourage drivers to drive longer distances or longer hours than is safe. However, in order to prove that a trucking company is liable, you generally need to work with a qualified Fort Lauderdale personal injury attorney, who can gather evidence and can prove that the trucking company is partly liable for the accident.

3) The loaders who placed the cargo on the truck. The people who have placed the cargo on the truck are responsible for ensuring that the cargo is correctly distributed and safely secured before the driver pulls away. While the driver is expected to check the cargo periodically throughout the trip, if the loaders are negligence or reckless in loading the cargo, they may be held partly liable for any accident that results due to cargo shifting.

4) The owners of the cargo on the truck. In some cases, the people who own the cargo on the truck may be held partly liable if they do not adequately warn the driver and the trucking company about the dangers of the cargo, do not adequately declare the content of the cargo, or take other negligent actions which result in injury.

5) The owners of the property where the accident took place. In some cases, the roadways or locations where the accident takes place are not correctly maintained or are unsafe due to faulty road engineering or road design. In these cases, the city of Fort Lauderdale, the state itself, or the local government in charge of the road may be held partly liable for the accident.

Continue reading "After a Fort Lauderdale Truck Accident: Evaluating Liability " »

In the New Year, many people make big changes in their lives. If your change involves moving to a new home, you may be interested in renting a truck to move your furniture and possessions to your new house. While renting your own truck can be a cost-effective option, it is not always the safest option. Each year, people are involved in Palmetto Bay traffic accidents while driving rental trucks.

The truth is, most motorists are not prepared for the dangers and risks of driving larger moving trucks. These trucks have more blind spots and handle much differently than a regular car, putting you at a much higher risk of a Palmetto Bay truck accident. In addition, some truck rental companies have poor records for truck maintenance. Many companies renting trucks have long lists of unsatisfied customers, some of whom claim that the companies rent trucks that are not kept in good condition. In past years, investigative journalists have found that some companies even move trucks from state to state to avoid costly repairs and maintenance on their fleets. The track records of some of these trucks may give you pause.

Luckily, there are ways to move safely. Where possible, leave the driving to someone else. Professional and experienced truck drivers can handle large moves and large trucks with ease, potentially saving you from a Palmetto Bay car accident. Professional movers can also pack your possessions carefully and are generally fully insured, so that if any injuries or any damage occurs during the move, the costs are covered. Many people feel that the costs of professional movers are very high, but the costs of a Palmetto Bay truck accident can also be very high. Before making a final decision, at least consider speaking with a tax preparer – if you are moving due to your job, the costs of the move may be partly tax-deductible, making movers more affordable.

If professional movers are not in your budget, there are still other options which allow you to have someone drive a moving truck for you. For example, you can rent a truck and hire a driver who can drive the truck for you. If you decide to do this, make sure that you speak with the truck rental company about insurance options. Another option is do-it-yourself services. These moving services will deliver a large container to your current home and you can pack the container with your possessions. Once you are packed, the company will transport the container to your new home, where you can unpack it. These services cost less than professional movers but do not require you to drive your own moving truck.

If you do decide to drive your own moving truck, at least take several precautions to ensure that your trip is safe. For example, book a truck that is large enough for all your possessions. Overloading a truck can cause brake failure and tire failure, so err on the side of caution. Next, make sure that you take the rental truck to a trusted mechanic before you load in anything. If there are any maintenance or safety issues, your mechanic can let you know so that you can contact the rental company to get a safer truck. Be careful to load the truck evenly and to secure your possessions in place to prevent them from shifting. Correctly loading the truck is important in preventing Palmetto Bay rollover accidents. Where possible, drive with a friend so that you can take turns driving and so that you can get help with blind spots and parking, if needed.

Continue reading "New Year, New Home? What You Need to Know to Prevent Palmetto Bay Moving Truck Accidents " »

In Florida, all drivers are aware that they need to stop at the scene of an accident in order to render assistance and in order to exchange insurance information and contact information with any other drivers involved in the accident. Hit and run Miami car accidents are a serious offence, and any driver found guilty of this criminal offence can face serious penalties. Despite the penalties, however, hit and run Florida traffic accidents continue to be a serious problem. In fact, according to the Florida Department of Highway Safety and Motor Vehicles, Miami-Dade County and Broward County had the most hit-and-runs of any Florida county in 2008.

There are many reasons why people leave the scene of an accident. In some cases, drivers panic or are fearful of being accused of causing the accident. In other cases, drivers are already doing something illegal – such as driving without a license or insurance or driving under the influence – and do not want to be caught. It can be especially difficult when the person who leaves the scene of an accident is a commercial truck driver. There are many reasons why hit and run Miami truck accidents are especially challenging:

1) Trucks may sustain fewer damages in an accident. A collision between a car and a truck usually results in severe damages for the car, but the truck driver and the truck are less likely to be severely affected. This can make it easier for a truck to drive away and to not even show much damage on the truck itself.

2) Truck drivers may not be from the area, the state, or even the country, making them harder to find. Finding a truck driver who has fled the scene of an accident can be very challenging because truck drivers drive very long distances every day and may be from a different region, making them difficult to find, especially if the victim does not notice the license plate number or other details of the truck.

3) Truck drivers may share a truck with other drivers or may rent a truck from another company. One thing that can make it even more challenging to find the specific driver involved is that some carriers rent trucks or share trucks among drivers. Even if the truck itself is located, it can require even more investigative work to find the actual driver involved.

4) A truck driver involved in a hit and run Miami truck accident may be driving a load owned by one company in a truck owned by another company and may be hired by a third party. For all these reasons, it can be very difficult to determine liability in a hit and run accident. Usually, it takes a qualified Miami truck accident attorney to evaluate liability in these cases.

Most commercial truck drivers remain on the scene of an accident and try to help. However, in a hit and run accident involving a truck, victims can be left without recourse and assistance. In these cases, it can be important to consult with a qualified Miami personal injury attorney in order to locate the driver and determine liability in the accident.

Continue reading "Miami Hit and Run Truck Accidents " »

Fatigued driving is a major concern for those who wish to decrease the number of Miami car accidents and truck accidents. There is well-established research that driving sleepy can be just as dangerous as driving drunk, as it affects reaction times, mobility, and other risk factors just as much. There are already many regulations intended to limit the hours that commercial truck drivers can spend on the road and the number of hours they must rest before they can resume driving.

However, there has been a growing movement to reduce hours of service for truck drivers even further. Advocates of the changes say that reducing the current “hours of service” limit from eleven hours a day to ten hours a day can further curb fatigued driving and the number of truck accidents caused by the problem. Others, however, claim that reducing hours can actually contribute to truck accidents.

A congressional panel was recently held in order to explore the issue. W.S. Badcock Corp., a furniture retailer, testified on behalf of the National Retail Federation (NRF), stating that reducing hours of service more would place more trucks on the road, effectively increasing the risk of Miami truck accidents and traffic accidents across the country. The furniture store also noted that the new rules would increase costs for the retail industry and hurt the US economy as a whole.

Retailers are also concerned about another proposed change – one that would require two nighttime rest periods for truck drivers taking the required 36-hour break after each week of driving. Retailers are concerned that in urban cities such as Miami, traffic accidents might actually become more common with this proposed change, since currently many truck drivers drive in city areas at night to avoid daytime traffic. Effectively reducing the possibility of nighttime deliveries, retailers state, could mean that trucks will be forced to share the road with Miami daytime traffic, leading to more congestion and more accidents.

The current 11-hour hours of service daily limit was introduced in 2004 and according to federal agencies the number of fatal commercial truck accidents declined 31% between 2007 and 2009, likely due at least in large part to the change. Since the initial restriction on driving hours had such a positive impact on truck crashes, some advocates of the new driving changes suggest that reducing hours of service may further reduce the number of truck traffic fatalities. However, others argue that any changes would upset the current systems in place and could result in more accidents. It is unknown at this time whether the new rules will be adopted or not.

Continue reading "Would Shorter Hours for Truck Drivers Decrease or Increase Miami Truck Accidents?" »

Thanks to the efforts of advocacy groups, many Americans are now aware of the dangers of distracted driving. To help prevent Miami truck accidents, there are federal laws in place which prevent commercial drivers from texting and driving. However, Florida currently has no laws preventing other drivers from texting and driving. Distracted driving continues to be a major cause of Miami car collisions. According to the NHTSA, 16% of fatal car accidents across the country in 2009 involved distracted driving.

One problem with banning distracted driving and thus preventing more Miami traffic accidents is that distracted driving is hard to legislate. While the focus in recent years has been on distractions caused by texting, there are a number of things that truck drivers can do while driving that can be just as dangerous:

1) Using any mobile device. Using any mobile device can be a distraction, and the VTTI has found that using headsets or other hands-free devices is not significantly safer than using hand-held devices. In addition, police across the US have admitted that it is very difficult to catch drivers who text or talk while driving. Texting can be especially easy to hide, since drivers can keep their mobile device in their lap, where it will not be noticed by any drivers or police passing by. Even since the texting ban, a number of truck accidents have occurred because a driver was texting while driving.

2) Eating and drinking. Truck drivers routinely eat on the road, especially when they are trying to make a deadline. However, experts agree that eating and drinking are among the most dangerous things that drivers can do. Each year, many Miami car accidents and other traffic accidents occur when drivers are distracted by spilled food and drink in the car. As well, opening food packaging can take the driver’s eyes off the road and hands off the wheel for seconds at a time – more than enough time to cause a Miami pedestrian accident.

3) Grooming. Checking hair or other grooming tasks dangerously remove the driver’s eyes off the road. Again, however, this behavior is very difficult to legislate, especially as legislating something like this could be seen to infringe on personal rights.

4) Reading maps and using navigation systems. In many cases, truck drivers need to make deliveries in areas that are unfamiliar to them. As a result, many drivers rely on navigation systems or, less often, on maps, to get them to their destinations. Unfortunately, these tasks take the driver’s eyes off the road.

5) Entertainment. Perhaps one of the most distracting things that drivers do is also the most difficult to legislate. Truck drivers spend many weary hours on the road and most rely on some form of entertainment – such as audio books, radio stations, or music – to make the time go by. Unfortunately, focusing on this entertainment can distract the driver. As well, changing stations, adjusting music, or otherwise changing the entertainment can cause an accident.

Continue reading "Distracted Driving, Miami Truck Accidents, and Legislation" »

Today, millions of Americans use social networking sites such as Twitter, Facebook, and other sites. Usually, these sites are a harmless way to stay in touch with friends and a fun way to share photos and ideas. However, if you have been in a Miami truck accident and have sustained injuries, your social networking activities can be harmful in a number of ways:

1) You never know who is reading. Insurance carriers and attorneys frequently use private investigators to look into the legitimacy of insurance claims. Private detectives increasingly use social networking sites to check up claimants. If you claim to be very injured but your blog or Twitter account shows you traveling, this could harm your claim. In some cases, private investigators will even befriend you on social networking sites to get more information. It is important to keep in mind that anything you post on a social media site is very public.

2) Innocuous comments and pictures may be skewed. You don’t have to write or post anything very suspicious on your social networking site for the site to impact your claim. In many cases, quite innocent photos and comments may be skewed to make your claim seem suspect. For example, if a friend shows up at your home after you are injured by a Miami car accident to cheer you up, those photos on a social networking site can make it appear as though you are throwing a party while claiming to be injured.

3) Social networking sites go back a long time. Many Internet users do not realize that virtually anything posted online is archived – for a long time. Posts that you made years ago about other injuries or other claims may be a boon to an insurance company now. This is another reason to be very honest with your insurance

4) You cannot control what others post on your site. While you may be cautious about what you post on your social networking sites, your friends and family may be posting comments and photos which could harm your case or which can be skewed to harm your case.

If you have sustained injuries in a Miami traffic accident, it is important to be aware of your online profile and your online participation in social media sites, even if you use a pseudonym or anonymous user name online. If you have a social networking presence, you may want to discuss this with your Miami truck accident attorney. Your attorney may ask you to refrain from posting anything on your social media sites while your case is pending or may give you some advice about what you should and should not be posting. Make sure that you follow these guidelines to the letter.

Whether you are online or not, if you have sustained injuries in a Miami truck accident, you will need a qualified Miami personal injury attorney with experience in these types of cases. A qualified attorney can negotiate with insurance carriers in your behalf, can investigate the causes of the accident and can pursue all liable parties so that you get the fairest compensation possible for lost income, medical bills, and other costs related to your injury.

Continue reading "Can Your Twitter and Facebook Page Harm Your Miami Truck Accident Case?" »

Commercial trucks arrive on Miami streets every day, moving items from the port of Miami, bringing items to Miami stores and businesses, and taking care of business around Miami. Since Miami is such a large city with so many businesses and residents, it's not surprising that the city also sees quite a lot of truck traffic. Unfortunately, this can mean a higher risk of Miami truck accidents as well.

Being involved in a Miami car accident involving a large commercial trucks can be intimidating, to say the least. A fully loaded commercial tractor-trailer can weigh 80,000 pounds or more, and a collision between this type of vehicle and a passenger vehicle usually leads to serious injuries or fatalities. Each year, Miami spinal cord injury patients and brain injury patients are admitted to emergency rooms following truck accidents on Miami streets. These accidents result in lifelong injuries as well as devastated lives.

Unfortunately, getting justice after a Miami truck accident involving a commercial truck can be difficult. Commercial truck carriers have considerable insurance coverage and insurance companies have extensive legal resources in order to help ensure that they do not have to pay out too much in any insurance claim. Victims of Miami truck accidents often find themselves blamed for an accident or find that the insurance claim offers do not fully cover the cost of their injuries. In many cases, Miami truck accidents also involve trucks which are owned by state or federal governments. In these cases, there are even more restrictions and even more powerful insurance companies at play, affecting the victim's ability to claim recovery for the injuries.

Miami truck accident victims face substantial medical costs, lost income, and other expenses and costs. If they are unable to get a fair insurance offer, these expenses need to come out of their own pocket – and in many cases these expenses add up to hundreds of thousands or even millions of dollars. For all these reasons, it is essential to speak to a Miami personal injury attorney if you have been in a serious truck accident involving a commercial vehicle. A qualified personal injury attorney has experience dealing with insurance companies, and can more effectively negotiate for a fair settlement offer or claim.

A Miami personal injury attorney can also do other things to ensure that you get the support and recovery you need. For example, a personal injury attorney can work with private investigators and accident reconstruction professionals to determine the true cause of your accident. This can be very important in convincing a commercial truck carrier to offer you a fair recovery. As well, personal injury attorneys can help find all liable parties after an accident. This can be very important, as multiple liable parties can ensure that you are able to recover a fair amount to cover all the costs of your injuries. As well, this is very important because determining liable parties after a commercial truck accident in Miami can be very difficult. For example, a commercial truck may be rented from one carrier, have a driver from another carrier, and may be carrying products for another company. Determining liability or responsible parties in this situation can be very difficult without a qualified attorney.

Continue reading "The Legal Issues with Commercial Truck Accidents in Miami " »

Miami truck accidents happen virtually every day, and they range from smaller accidents to the serious truck rollovers that affect traffic for hours. While Miami truck accidents are devastating to everyone involved, they also have many secondary dangers that all pedestrians and motorists need to be aware of:

1) Rubbernecking. Unfortunately, Miami truck accidents usually draw a large crowd. When people stop to take a look at an accident, they may inadvertently contribute to secondary accidents. Drivers who slow down to take a look may also contribute to problems such as fender benders, traffic problems, and other problems. If you see a Miami truck accident, it is best to proceed slowly and to keep your eyes on the road. If there are already emergency personnel on the road, be sure to follow their directions in order to get to your destination safely.

2) Secondary accidents. People who swerve to avoid a Miami truck accident may collide with other objects or motorists, causing additional accidents.

3) Spills and fires. Large commercial trucks often carry flammable or toxic materials. In a truck accident, these can easily spill, causing a blaze or creating a toxic environment for everyone around. A commercial truck that is fully loaded with flammable material and bursts into flames can create an inferno, shooting flames into the air for dozens of feet. If you see a commercial truck accident, it is important to get out of the way as quickly and as safely as you can, in case the truck is carrying something hazardous. If you see a truck on fire, contact emergency personnel and keep your distance.

4) Disabled trucks can block the road or lanes of traffic. Trucks that have flipped on their side or are otherwise un-drivable can block an entire road or several lanes of traffic. Oncoming vehicles that are not aware of this can easily collide with each other or with the truck itself, causing additional accidents. Truck drivers are required to set up warning signs where possible after an accident. However a truck driver may be too injured in order to do this. The hazards are especially pronounced in poor visibility conditions, such as fog or rain. Disabled trucks that are blocking lanes of traffic can also cause congestion throughout an entire area of the city as motorists look for alternate routes to get to their destination.

5) Property damage. The impact of an 80,000 pound commercial truck flipping over or lighting on fire is enough to do serious damage to roads, traffic signs, and other city property. In cases where the roads and traffic systems are not fixed immediately, other motorists may be in danger of Miami car accidents due to the damage.

Continue reading "The Secondary Dangers of a Miami Truck Accident" »

Federal lawmakers are considering transportation bills which would, over the next few years, change a number of things about the trucking industry. Some experts are concerned about a proposal in the bills which would allow higher weight limits and which would permit trucks on more roads across the country. Some experts are concerned that such changes could affect the rates of Florida car accidents and truck accidents on the road.

The bills would increase truck weight limits from 80 000 pounds to 97 000 pounds for single-trailer commercial trucks on state highways and interstate roadways. Trucks with two or three trailers would be permitted up to 100 000 pounds. As well, trucks with two or three trailers will be allowed the entire national highway system rather than on interstate roads.

According to the Transportation and Infrastructure Committee Chairman, the bills could be put to a vote before committee by July 12. The suggested legislation would also place a tax on trucks over the weight limit. This money would be placed in a fund and distributed to states to assist with road repairs and bridge work.

There are many concerns about the proposed changes. Many legislators, for example, have pointed out that cars are currently getting smaller as more consumers look for fuel economy in their passenger cars. Combining smaller cars with larger trucks could create even more devastating Florida car accidents involving cars, whereby smaller cars would have no chance against very large commercial trucks. There is also concern that the larger trucks would have very large blind spots and would not be able to safely share the roads with motorcycles, bicyclists and others who use the road system.

There is also a concern that the larger trucks could create problems on residential streets. While the proposed legislation allows very large trucks only on the national highway system, when a section of the system is closed due to an accident or another cause, traffic is often rerouted through residential areas. There is a concern that 100 000 pound trucks would be on residential streets in such cases, posing the risk of Florida pedestrian accidents and other types of traffic accidents.

Other experts have noted that much larger trucks could create load problems and could make the roadways deteriorate faster, due to the weight and force of the larger vehicles. Those in the trucking industry have noted that improved technology in the trucking industry would potentially help offset some of these problems. The Transportation and Infrastructure Committee also notes that allowing the proposed changes would allow businesses to be more competitive and efficient, which would beneficial to the economy.

Continue reading "Truck Proposals Could Change Rates of Florida Truck Accidents " »

Over the past few years, there have been concerns and debates about the possibility of allowing Mexican commercial five axle tractor-trailer trucks on US roads. Some people have claimed that allowing these trucks on the roads of the US will result in more truck accidents and car accidents in Florida and in every other state. Among the concerns raised are:

1) Differing regulations. There are federal rules which place severe restrictions on US truck carriers and truck drivers. Load limits, safety inspections, hours of service regulations, licensing and training standards, and other rules have been developed over time to ensure that the roads are as safe as possible. Mexico is a different country with different laws and therefore there is a concern that the laws which keep US trucks safer will simply not be in place in trucks from a different country.

2) Safety issues. There are concerns about whether trucks from another country will meet the same safety standards as domestic trucks.

3) Legal issues. Currently, any truck accident involving a commercial truck is tricky to litigate. Insurance carriers, truck companies, driver unions and other stakeholders get involved and there are many legal issues at play. Some Florida truck accident victims wait months or even years for their cases to work their way through the courts. There is a concern that cases involving Mexican trucks and truck drivers would be even harder to litigate, due to extradition problems, different laws, and the high risk of flight for suspected non-domestic drivers.

4) Regulatory problems. When a truck is deemed not fit for the road in the US, there are a number of authorities who can step in to take the truck off the road. However, there are concerns that trucks from Mexico driving on US roads would be harder to regulate. Would carriers from another country obey US standards and regulations different than their own? Would local authorities be able to exert authority over driver and truck companies from a different country?

Continue reading "Florida Truck Accidents and Mexico " »

After a Florida car accident or truck accident, many drivers assume that they are covered by insurance and that the insurance carrier they have been paying premiums to all along will help them. Many Florida truck accident victims are surprised to find, however, that insurance companies actually often launch private investigations on the victims in traffic accidents. These insurance companies are looking for several things:

1) Mitigating factors and other liable parties. Insurance companies would not make money if they paid out the full possible claim amount to every claimant. Therefore, many companies look for other possible liable parties – such as road conditions or even the victim.

2) Evidence of insurance fraud. Insurance fraud is a serious problem and unfortunately, it can mean that the industry sometimes suspects legitimate claimants. Some injury victims find themselves under surveillance by private investigators as insurance companies try to determine whether a claimant is faking or exaggerating an injury.

3) More information about the accident. Insurance companies, like police and other investigators, work hard to determine the cause of an accident. Unlike other investigators, however, private investigators hired by insurance companies are paid to find information which is advantageous to the insurer.

4) The cost of damages. One of the tasks of the insurance company is to determine the value of a claim – the amount that will be paid out to the victims in an accident. In many cases, however, these initial amounts cover only the bare necessities of care. Most of the time, Florida personal injury attorneys need to work hard to ensure that a victim has all medical costs and related accident expenses covered.

Continue reading "Insurance Companies Hire Private Investigators After Florida Truck Accidents " »

After a Florida truck accident or car accident causing an injury or fatality, investigations are usually launched to find out what happened to cause the collision. Florida car accidents involving trucks may in fact be subject to several types of accidents:

1) A police investigation. An official investigation by police will usually be launched in any case where it appears that a law was broken. Suspected cases of Florida drunk driving, suspected cases of insurance fraud, suspected cases of vehicular manslaughter, and other suspected crimes will be carefully investigated by detectives. In many cases, if you are in an accident and decide to pursue legal action you can get a copy of this police investigation or report.

2) A private investigation. If you decide to hire a personal injury attorney after your Florida truck accident, your attorney may decide to launch a private investigation. The attorney will typically work with private investigators or accident reconstruction professionals to find evidence to support your legal action and to find any liable parties in the case.

3) An insurance investigation. In many cases, insurance carriers launch their own investigations, also using private investigators. The aim of insurance companies is to find out whether anyone other than their client was liable. Therefore, if you are in a car accident with a truck, the truck's insurance carrier will typically try to find evidence to protect the truck carrier and truck driver. This is one reason why it is important to hire a Florida personal injury attorney to protect your interests.

4) An industry investigation. In cases where a truck driver may have committed a crime and may be subject to disciplinary action, the truck carrier or truck driver union may launch their own investigation. This sort of investigation may also be initiated in any serious accident which may result in serious legal action for the truck driver or carrier. Again, these investigations are not deigned to protect you or your rights, which is why it is important to have your own Florida attorney conducting a separate investigation.

Continue reading "Florida Truck Accident Investigations " »

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.

Continue reading "Florida Truck Accidents Involving Multiple Trucks" »

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.

Continue reading "Defense Attorneys and Florida Truck Accidents " »

Now that the weather is getting more pleasant and tourists are trickling into Florida in greater numbers, South Florida has seen a rise in the number of mobile food trucks around the area. According to some reports, there are many as 40 of these trucks in the area, serving food to customers in parking lots. While customers like the cheap food and fun names these trucks offer, others are concerned about safety and noise issues.

Many trucks have been fined for lacking the required licensing, even when they have the permission of parking lot owners to congregate and set up business. Area residents where these trucks set up voice concerns over pollution, noise, litter, and the potential for truck accidents. Local restaurants are not always happy about food trucks, which do not need to pay leases and can therefore charge low prices.

Others worry about the safety of the trucks – many are older vehicles equipped with deep-fryers and large propane trucks. Some area residents worry about the potential for fires and injuries as a result of the trucks. A few people have voiced concerns about food safety in the here-today-gone-tomorrow world of mobile food.

The truck owners note that they run affordable and legitimate businesses. Many of them would want to see more cooperation from communities. Currently, restaurants in Florida need a $550 license as well as $200 food manager's license. Both can be complicated to acquire and mobile food truck owners believe that such licensing does not apply to them since they provide no sit-down areas for patrons and are therefore not "restaurants." Some municipalities require special events permits or peddler's permits – often used by ice cream trucks. These, too, are expensive to secure. South Florida communities are now looking at new legislation which would regulate the food trucks.

So far, no official Florida truck accidents or traffic accidents have been reported to be caused by the food trucks, but some residents are worried that it is only a matter of time. The trucks attract large crowds of pedestrians to parking areas and the truck themselves are large and move often, increasing the risk of accidents. According to food truck owners, however, the vehicles are less likely to be in accidents because they are stationary for such long stretches of time. If there was an truck accident in South Florida caused by one of these vehicles, however, it would likely cause serious liability issues, especially given the concerns over licensing and vendor permits.

Continue reading "Could Food Trucks Contribute to Florida Truck Accidents?" »

Each year, almost half a million truck accidents occur across the country each year, resulting in serious burn injuries, spinal cord injuries, and even fatalities. When commercial truck accidents are Florida car accidents involving a passenger car, the injuries to the passengers in the passenger vehicle are often severe. While the truck driver may walk away from such an accident unharmed, in many cases the other passengers in the other vehicle suffer severe injuries. Many Florida spinal cord injury, burn injury, and brain injury patients sustain their injuries in traffic accidents.

Unfortunately, many injury victims assume that their car insurance will cover all costs and do not seek out professional or legal help after an accident. This is unfortunate because in many cases Florida truck accidents involving commercial trucks are quite complex. There may be a few liable parties as well as several contributing factors to the accident and its injuries.

When patients sign any documentation from an insurance company they often sign away at least part of their rights to pursue legal action. All truck carriers have teams of attorneys to help companies avoid expensive litigation. What many patients do not realize is that they may be entitled to more compensation and more coverage of their injuries.

In too many cases, Florida truck accident victims receive less than the full cost of damages from insurance carriers. While immediate hospital care may be covered, for example, long-term care, counseling, and other treatments may need to be paid out of pocket. It is often difficult for injured parties without legal training to truly appreciate the liability of an accident or to calculate the full cost of an injury.

This is why consulting with a Florida personal injury attorney is so crucial. An attorney can investigate the causes of an accident, find all liable parties, and aggressively pursue a fair recovery for the patient. In many cases, this recovery can help the patient pay for lost income, medical treatment, car repairs, and any related costs. As well, an attorney can help the victim understand and take advantage of all their rights.

Continue reading "Why It's Important to Get Help If You Have Been in a Florida Truck Accident" »

According to both the National Highway Traffic Safety Administration (NHTSA) and The American Trucking Association (ATA), fatal truck accident rates continue to drop, as do personal injuries resulting from truck accidents. In 2009, there were 1.17 fatalities involving trucks per 100 million driven miles, the lowest rate since 1975. According to the NHTSA, there were 3 380 truck accident fatalities across the US in 2009, compared with 2 245 in 2008.

According to The American Trucking Association, statistics show that the trucking industry is getting safer, but agree that more can be done to improve overall safety. For example, the ATA is currently asking the government to allow programs which give incentives to truck companies that install safety technology. Tax incentives and other incentives, the ATA argues, would encourage carriers to install the latest technology that can help prevent accidents. Some of this technology, for example, creates alerts when truck drivers drive too fast or drive too long without taking breaks. This alerts carriers when drivers break the rules and makes it harder to circumvent federal rules which are designed to make trucking safer.

The ATA also recommends creating a national clearinghouse to streamline blood alcohol and drug test results. According to the organization, this would help coordinate information, so that drivers with poor records could not simply move to another state in order to avoid career problems in their home state. A national clearinghouse, according to the ATA, would help the industry track drivers with drug and alcohol problems, offer better treatment, and help catch repeat offenders.

Further, the ATA recommends advanced notification systems to target drivers with problems. Current systems, according to experts, allow drivers with repeat offenses and repeat problems to find themselves on the road again and again. Drivers and carriers sometimes go to great lengths to ensure that drivers remain on the road. Advanced notification systems, the ATA argues, could help alert carriers and authorities when a driver has multiple near-misses, multiple accidents, or other problems. These problems could then be addressed before the driver is allowed to return to the road.

Florida, too, could make changes to help make trucking safer in the state. Legislation is already proposed to ban texting and driving, which could help prevent Florida car accidents involving trucks caused by distracted drivers. As well, Florida could work on legislation which could help support federal efforts to prevent Florida truck accidents and accidents across the country.

Continue reading "What Else Can be Done to Reduce Florida Truck Accident Rates?" »

Studies conducted by The Insurance Institute for Highway Safety (IIHS) show that a popular truck device used to increase safety may actually be causing hundreds of fatalities each year. According to the study, truck safety guards may actually be causing fatalities through decapitation in car accidents involving trucks.

The unusual thing is that truck safety guards are in fact designed to help prevent the very accident them seem to be making worse. The guards are designed to help prevent underride accidents, or accidents in which a car slips underneath a truck. The guards are supposed to ensure that cars cannot slide under the truck and the guards are approved to help prevent injuries by the US.

Despite this, the IIHS study found that in three of six tests, truck safety guards in fact lead to decapitations and other serious injuries in an underride accident. According to the IIHS, the study shows that the trucking industry needs to make changes to prevent these accidents. In some cases, researchers found that the guards actually made the accidents much worse and effectively ensured that in an underride accident there would be no survivors.

Part of the problem, according to researchers, is that truck safety guards are attached to a truck with hardware. In some tests, this hardware appeared to fail, so that during the force of an impact, the hardware did not hold, rendering the guard ineffective. As well, the study found that the NHTSA mandates no testing of truck safety guards, which means that trucking companies can have faulty guards with no inspections and no consequences.

The IIHS researchers made a few recommendations as a result of the study. For example, they recommended that the NHTSA institute rules ensuring that truck safety guards are strengthened and new hardware or new systems for ensuring that the guards are securely attached to trucks. Some trucking industry experts are supporting the proposed changes. Currently, the NHTSA is reviewing its rules regarding truck safety guards, but the review may not be complete until next year.

Across the country, over 400 people die annually in underride accidents – the very accidents which truck safety guards are designed to prevent. Many Florida truck accident and Florida car accident fatalities are also attributed to underride accidents. Such accidents may be preventable with better truck safety guards, as even high safety-rated cars tested by the IIHS tested poorly with the problematic guards, All cars are currently vulnerable to these types of accidents.

Continue reading "Could Safety Devices Be Causing Florida Truck Accident Fatalities?" »

Truck drivers must adhere to many rules of service regulations which are designed to ensure that drivers do not drive fatigued. One of the basic concepts of the hours of service regulations has to do with the restart period, which refers to the start of a new on-duty cycle. After a truck driver has taken 34 consecutive hours off-duty or more, he or she can restart the on-duty cycle. However, the Federal Motor Carrier Safety Administration (FMCSA) has proposed changes to the restart cycle – and the trucking industry does not agree with the changes.

According to the Federal Motor Carrier Safety Administration, research has shown that it would be beneficial to mandate two rest periods (each between midnight and 6 am) during the 34-hour restart rest period. The research is based on a study from Washington State University.

The study was conducted in two parts and overseen by Gregory Belenky and Hans Van Dongen of the Sleep and Performance Research Center. The first part concluded that the current 34-hour restart gives does not adequately allow nighttime drivers to rest before starting on duty again. The second part of the study found that the rest break of the restart period was more effective when nighttime sleep was mandated. This study led the Federal Motor Carrier Safety Administration to make its proposed changes to the restart period.

However, the American Trucking Association (ATA) objects to the proposal, stating that the studies may not be accurate. Among the issues at hand, according to the ATA is that the second part of the study has not yet been reviewed. As well, the study sample of the second part included just 12 people, none of them truck drivers. Even the study's authors, notes the ATA, believe that more study is warranted.

The FMCSA and the authors of the study have defended the findings, arguing that the study was done under carefully controlled conditions and the findings – as well as the proposal that comes from them – could help prevent truck accidents and car accidents.

However, could Florida truck accidents be prevented by this change in the restart period. It is true that driver fatigue has been linked to many Florida car accidents involving trucks. As well, truck drivers work long and irregular hours, which can help contribute to driver fatigue and unsafe driving. Further studies could help us understand more about the best ways to ensure drivers get a safe amount of rest.

Continue reading "Proposed Changes to Truck Driver Restart Period " »

According to new statistics released by the Insurance Institute for Highway Safety, 2010 saw more than 500 000 commercial trucks and large trucks involved in accidents across the country. More than 100 000 individuals suffered serious injuries as a result of these crashes, which also claimed more than 5000 loves. The statistics represent an increase over 2009, when only 3200 deaths were attributed to collisions involving commercial trucks and large trucks.

Experts predict that the number of Florida truck accidents and national truck accidents will continue to rise, in part due to increased demand for truck transport. Industry experts estimate that 20% more trucks will be on the roads by 2012 when compared with today.

Florida car accidents involving trucks cause devastating injuries to passengers and entire families. Due to the size and force of large trucks and commercial vehicles, collisions between these large vehicles and passenger vehicles usually results in fatalities for the occupants of the smaller car. Survivors of such accidents often face serious injuries. Many Florida spinal cord injury patients and brain injury patients sustain their injuries through traffic accidents.

Unfortunately, although Florida laws and insurance providers are designed to help victims recover, in many cases injury victims involved in a Florida truck accident find that recovering for lost income and medical costs is very challenging. In cases where a commercial truck is involved, especially, there may be multiple liable parties, including the carrier, truck driver, truck manufacturer, the owner of the products transported in the truck, the city where the accident occurred, and other parties. Determining liability often becomes difficult as each party tries to shield itself. A good Florida personal injury attorney is often needed to assist the injury victim navigate the legal aspects of such a case.

Due to the increase in truck accidents, many groups are calling for new laws which would require improved truck safety. Although there already exist many federal laws regarding speed, hours of service, and other issues which affect truck driver safety, more can be done to help enforce these laws and to implement new regulations which would keep unsafe drivers off the roads.

Continue reading "Statistics Suggest That Florida Truck Accident Numbers Will Not Decline " »

Some Florida truck drivers find themselves part of a staged accident – a car rams into them and the driver (or their attorney) assert that the truck driver caused the truck accident. Passenger vehicle drivers also sometimes find themselves part of this type of insurance fraud. Unfortunately, insurance industry experts note that Florida has the dubious distinction of leading the nation in car accident fraud. Several factors cause this type of fraud:

1) Fraud companies. According to the insurance industry, Florida car accident insurance fraud is highly organized, with doctors, clinics, patients, and some attorneys working together to defraud the insurers. In some cases, these companies even advertise to convince people to report false Florida truck accident and car accident claims.

2) Insurance rules. Insurance companies must pay Personal Injury Protection (PIP) claims within 30 days of an accident. Often, this does not give insurers enough time to carefully investigate a Florida truck accident or car accident to determine whether it is real or fraudulent. This is especially the case in situations where many accidents occur around the same time so that claims adjusters are spread thin. In addition, some companies aiming to defraud insurers purposely stage accident before a weekend or holiday to further reduce the chances insurers have to investigate an accident.

3) Economic loss. In many cases, companies that have organized to defraud insurance companies market themselves to the unemployed and to recent immigrants, promising them money in exchange for nothing. Unfortunately, the instances of car insurance fraud in Florida have increased since the economic downturn of 2008.

4) Perceptions of the insurance industry. Many people do not feel bad bout defrauding the insurance industry. Many polls have suggested that drivers tend to see the insurance companies are overly profitable and as charging high premiums. Some drivers even see fraud as a way to get more value out of their already high premiums.

5) Rules about clinic licensing. In Florida, some specialists who are individually licensed – including massage therapists and chiropractors – do not need to license their clinics. For insurers, it is harder to get information about these clinics and insurance companies claim that these clinics produce many of the fraudulent claims they see.

Continue reading "What Leads to Florida Truck Accident and Car Accident Insurance Fraud?" »

All Florida truck accidents are devastating and many are fatal. However, when the truck driver refuses to remain at the scene of the accident, the results can be even more devastating. Victims may not be offered timely help. If they need to report an insurance claim to cover medical costs, this can be more difficult in a hit and run accident, as well.

Under Florida law, all drivers must remain on the scene to help and to speak to authorities (if necessary) after an accident. Despite this, many motorists do not remain to help. In fact, according the Florida Department of Highway Safety and Motor Vehicles, Miami-Dade and Broward counties led the state in 2008 for hit and run accidents. There are many reasons why truck drivers choose to leave the scene of an accident: they may be driving under the influence, they may not have adequate licensing or insurance, or they may simply be afraid of the consequences.

Hit and run truck accidents are even more complex for a number of reasons. Truck drivers are regulated by federal laws and in truck accidents there are usually several liable parties: the truck driver, the truck manufacturer, the carrier or truck company, and others. As well, most truck drivers are protected under commercial insurance, which means they carry higher insurance limits.

If you have been in a Florida truck accident, your first priority should be to seek help. If you remember anything about the truck or its driver, write this down. Since hit and run accidents are a crime, the police will often open an investigation to find the truck driver who has left the scene of a crime. As you start to recover, you will want to keep careful records of your injuries and injury-related expenses so that if the driver is found you can seek compensation.

In hit and run cases, it is often best to seek the help of a qualified attorney. Florida personal injury attorneys often work with private investigators, who can run a more thorough investigation if police are not able to find the hit and run driver. As well, attorneys can help you find help and can offer advice on what you can do to help recover from your injuries. Once the driver is found, a good Florida attorney can help ensure that the driver is held accountable for his or her actions.

Continue reading "Hit and Run Florida Truck Accidents" »

According to advocacy groups such as DangerousTrailers.org, a major cause of truck accidents is trailer defects. These organizations claim that trailers pose problems for many reasons:

1) There is too little education in teaching drivers how to hook up and load trailers properly. When trailers are incorrectly loaded and attached, they are more likely to cause Florida car accidents and truck accidents, because the trailer can easily become detached, move into other lanes of traffic, or even slide forward and back, causing the driver to lose control.

2) The manufacturers of trailers have voluntary standards rather than set standards. Groups such as DangerousTrailers.org want to see firm legislation that would set federal or at least state standards for trailer design and manufacture, ensuring that all trailers on the roads are safe. They feel that such laws could prevent Florida truck accidents and traffic accidents across the country.

3) Large organizations put unsafe trailers out on the road and don’t want to change. According to groups like DangerousTrailers.org, companies that rent trailers sometimes have poor safety records but don’t want to put in the money required to fix their fleets. They therefore resist any further legislation that would make them accountable for the truck accidents their fleets cause.

4) Trailers can be homemade. In many states, it is legal to make your own trailer (according to voluntary standards) and then register it at the DMV. In fact, according to DangerousTrailers.org and other advocacy groups, these laws have created a brisk trade in stolen trailers. Thieves steal trailers, remove the VIN numbers and sell or register the trailers as “homemade.” Obviously, with any homemade vehicle, issues of safety and safety standards are a concern.

Continue reading "Could Trailers on Tractors Be Causing Many Florida Truck Accidents?" »

No one wants to believe or consider that they may be in a Florida car accident or truck accident. Statistically, however, anyone who drives a car is likely to be in a traffic accident at some point. While a collision is terrifying, it is important to stay focused and to do the right things in order to ensure that you are fully protected under the law. If you have been in a Florida truck accidents, you need to make sure that you:

1) Get medical help. Call for help at once, even if you are not sure that you are injured. Many people face serious complications or even die because they fail to seek help in time. Some symptoms do not manifest right away. Some Florida brain injury patients, for example, report symptoms hours after an initial impact. Getting medical help for everyone involved can help save a life.

2) Do not sign anything without an attorney. You may be pressured to sign documents from an insurance company or from a truck company’s attorney. No matter what you are told, do not sign without qualified legal advice. At the very least, you deserve to know exactly what you are signing – and that means working with an attorney who has your interests in mind. Signing can mean signing your rights away.

3) Contact authorities at once. A police report can help you support your version of events and can help ensure that your accident is investigated. Most Florida truck accidents are serious, and you need to alert the authorities. Get a copy of the police report if you can or at least get the name of the police officer and other emergency personnel on the scene so that your attorney can get copies of any pertinent documentation.

4) As soon as it is safe to do so, collect evidence. Get the truck driver’s name, contact information, truck registration number, and the name of the carrier. Take video or photos of the accident scene and the vehicles involved. Keep your car – even if it is totaled. Keep copies of medical records and take photos of any injuries. The more evidence you have, the more evidence you have for your attorney.

5) Work with a qualified Florida truck accident attorney. Even if you think that your insurance company (or the truck company’s insurance carrier) will take care of you, get the advice of an attorney. Insurance companies are in business to make money – never forget that. In many cases, insurance companies do not consider all the associated costs of an accident or do not consider long-term costs, leaving you with thousands of dollars in out-of-pocket expenses. A good attorney can help you uncover the true expenses of your accident and can help you negotiate for a fair recovery.

Continue reading "What To Do After a Florida Truck Accident" »

More people are killed in traffic accidents than in all other types of accidents combined. Driving is simply one of the most dangerous things we do. Each year, more than 250 000 people are injured and another 3000 are killed in traffic accidents. Another 4000 Americans are killed in car accidents and truck accidents in the workplace. While the tragedy and the types of injuries are the same, Florida truck accidents in the workplace and off-work vary in legal liability and insurance coverage.

Many workers who must drive trucks or cars as part of their work are covered by workers compensation and their employer’s insurance in the event of an accident. This means that in an accident, it is these insurance companies that pay. However, workers who are injured in a Florida car accident or truck accident on the job may want to consult with a qualified Florida personal injury attorney at once, since liability issues can be quite complex with workplace accidents.

For example, several factors may contribute to workplace Florida truck accidents or traffic accidents. If the accident took place on company property, poor maintenance of the property, poor safety features, or poor lighting may have contributed to the accident. In these instances, the employer or the property owner may be partly liable for the accident.

As well, in workplace accidents, there tends to be a desire to settle a claim quickly, sometimes before the full extent of an injury and its causes are known. Patients may be unwilling to try to negotiate out of a fear of alienating an employer. In some cases, employers who are hurt and claim workers compensation benefits find that the benefits and coverage only cover a small portion of the lost income and the medical bills created by the Florida truck accident. Once a patient has signed the paperwork, however, there may be little recourse to recover a fairer settlement. If the patient is unable to work for an extended period of time, he or she may face serious hardships due to the accident.

A qualified Florida personal injury attorney can help offer advice and guidance and can help investigate the accident and the resulting injuries. A good attorney can determine the true costs associated with the accident and can negotiate with insurance providers for this amount. As well, a good Florida attorney can help find all liable parties, which can help ensure that a patient has as many medical bills and as much lost income covered as possible.

Continue reading "Work-Related Florida Trucking Accidents" »

If you have been in a Florida car accident involving a truck, it is advisable to consult with a qualified Florida personal injury attorney immediately. Many truck accidents in Florida result in serious injuries, such as Florida brain injuries, broken bones, spinal cord injuries, amputations, and other injuries. These injuries often mean high medical costs and lost income. Without legal help, many patients are unable to recover the total costs of their accident from insurance companies. Many good Florida personal injury attorneys provide free initial consultations to clients. This is a great opportunities to discuss your case, get legal advice, and to learn more about your options. If you make an appointment with a Florida personal injury attorney, there are a few things you can do to help make your initial consultation effective and useful to you:

1) Bring all your documentation. If you have medical records, a police report, or any information about the accident or injuries, it is useful to bring this along so that an attorney can evaluate your case. If you have lots of documentation, it may be useful to summarize the details of your case on one page for quick review. If you don’t have any documentation, you should still contact a good Florida personal injury attorney after your accident. He or she can listen to your account of the accident and offer advice based on this.

2) Choose wisely. This is not a mortgage quote, where you will want to get quotes from everyone. Select a Florida truck accident attorney with extensive experience and expertise. An attorney who understands the insurance industry is also useful, since the attorney can help you negotiate with your insurance provider. To find the right attorney, you can ask friends for recommendations, view attorney web sites and online information, or call firms to get details about experience and qualifications.

3) Write down a list of questions you have. You probably have many questions and speaking with an attorney, you will likely think of many more. Carefully write out all the questions you have about your situation and then focus on the five questions which are most important to you. This will help you focus on exactly what you need to ask the attorney.

4) Understand what you want from your consultation. Write down three goals you want to accomplish. For example, you might want to know your options or whether you have a case. Knowing your goals before a consultation with a Florida personal injury attorney increases the chances that you will actually meet those goals.

Continue reading "Getting The Most from Your Initial Consultation After a Florida Truck Accident " »

After a Florida truck accident or car accident, you will likely be frightened and worried. You may worry about the medical costs or the lost income you are facing and you may feel overwhelmed by the insurance claims process or forms you need to sign. Unfortunately, there are some people who will take advantage of your situation and may try to create further problems for you by luring you into scams.

Recently, for example, police have been investigating a fraudulent accident help line known as Latina de Accidentes. Authorities allege that while the accident line claimed to send interpreters to accident victims, the people who operated the business pressured callers to commit medical fraud by claiming injuries they did not have.

If you have been in a Florida car accident or truck accident, there are many red flag signs you will need to watch out for:

1) Attorneys who guarantee a result or a recovery amount. No experienced attorney can guarantee an outcome for your case. By hiring a qualified, experienced attorney, you can increase the odds of a fair recovery. However, attorneys know that there are simply no guarantees in a Florida car accident or truck accident case and honest attorneys will make this clear.

2) Insurance professionals who claim you will not receive any money unless you sign a document immediately – without reading it carefully. You should never sign a document after your accident without first consulting a good Florida personal injury attorney. If someone pressures you into something you don’t understand, be wary. You could end up signing away your rights for a lowball offer.

3) Drivers who try to get you to accept blame or try to get you to drive away from any accident. If you have been in a Florida truck accident or car accident, you should not accept any blame. There is simply no way to tell who is liable without a good investigation. Similarly, you should always exchange contact information, insurance information, and license plate numbers with the other driver. If you do not, the other driver may accuse you of a hit and run accident.

4) “Too good to be true” offers. If someone offers you something that simple seems too good to be true – like a guarantee of a million dollar settlement for very minor injuries – proceed with caution. Often, scammers make elaborate offers to hook you in. Always consult with a legitimate and experienced Florida personal injury attorney before agreeing to anything after your accident.

Continue reading "Don’t Get Taken in By a Scam After Your Florida Truck Accident" »

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.

Continue reading "Florida Truck Accidents and Structured Settlement Laws " »

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.

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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.

Continue reading "What Can You Recover After a Florida Truck Accident?" »

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" »

In 2008, Russell Hurd’s daughter, Heather, was killed in a Florida car accident involving a truck when a truck ran a red light and collided with eight passenger vehicles. The truck driver was distracted by text messaging when the accident took place. Since then, Hurd has been trying to ensure that laws are passed banning drivers from talking on their cell phones or texting while driving.

Earlier this year, bills which would have banned text messaging and cell phone use in cars and trucks in Florida were killed in committees. Hurd has another opportunity this upcoming Tuesday, when a summit on distracted driving will be held by U.S. Transportation Secretary Ray LaHood in Washington. Hurd and others hope to convince lawmakers at the summit to change the laws to help prevent Florida truck accidents and car accidents involving distracted drivers.

According to the National Highway Traffic Safety Administration, 20% of all accidents in 2008 were caused by distracted driving. That same year, there were 6,000 fatalities due to distracted driving. Drivers who are distracted are four times more likely to be in an accident than drivers who are not distracted.

Although texting and cell phone use have been targeted as a culprit in distracted driving, distracted driving can include driving while performing any other activity. Some Florida car accidents and truck accidents caused by distracted driving were the result of a driver changing music, adjusting the stereo, searching for a dropped item on the floor, reading, shaving, eating, drinking, talking to passengers, and many other activities. Any activity that distracts a driver from the road is potentially deadly.

For truck drivers, the risks are especially high. In many cases, trucks are on highways, driving at high speeds. The size and force of a truck is immense and trucks take longer than passenger vehicles to stop. When a driver is distracted, there is often no way for the truck driver to avert an accident. There is simply no way to stop the truck in time and the force of the truck pushes the truck forward.

Of course, Florida trucking accidents involving distracted drivers are especially tragic because they are often so preventable and so tragic. When a truck runs a red light or loses control because the driver is distracted, the truck has the potential to hit or even roll over many cars, causing multiple injuries and fatalities. For example, in the accident involving Heather Hurd, eight cars were damaged by the truck. Two fatalities and several injuries resulted.

One problem with Hurd’s quest is the fact that the definition of distracted driving is so broad. In fact, this is what caused the bills in Florida to fail to pass. Lawmakers question how many activities should be or could be banned under legislation, and experts agree that it is a problem. If a law were to ban cell phone use but still allow eating while driving, that would not reduce the instances of distracted driving.

A fatal Florida trucking accident is one of the most devastating traffic accidents possible. The injuries and damages in such an accident are often catastrophic and the outcome can affect the rest of your life. If you have lost a loved one in a fatal Florida car accident involving a truck, there are several things you will want to do in order to deal with your loss:

1) Get the best medical care possible. If you are a survivor of the accident or if another family member has survived the accident, you will want to secure the best medical care possible. This may mean negotiating with your insurance carrier to ensure that all medical costs and long-term care costs are covered.

2) Get answers. Often, after a fatal Florida trucking accident, you will have many answers about how exactly the accident occurred. A good Florida personal injury attorney can help you investigate the accident so that you understand what happened. This can help bring some peace of mind and some closure to the accident.

3) Seek counseling or help. After a Florida trucking accident, you may feel depressed, angry, upset and many other troubling emotions. If these emotions do not fade in a few weeks, you may want to speak with a compassionate therapist or counselor about your feelings. The emotional impact of a Florida trucking accident can be devastating and can leave you unable to work or unable to return to everyday activities. Counseling can help you recover.

4) Consult with a qualified Florida personal injury attorney. While making arrangements, you may not be considering the financial impact of your loss, but losing a loved one in an accident can affect your income, your children’s financial future, and your household income. If someone’s negligence or recklessness caused the accident, you could pursue a Florida wrongful death suit in order to safeguard your future and the future of your family. Even if you do not decide to file such a suit, a consultation with a good Florida personal injury attorney can apprise you of your legal rights and can help ensure that you get your full claim amount from insurance agencies.

After a Florida truck accident, your first priority will likely be to get emergency medical attention. Most truck accidents in Florida result in at least some injuries, if not fatalities. It is difficult to assess the extent of injuries on the scene, which is why it is important to seek medical attention right away if you have sustained any type of injury. Many serious Florida brain injuries, for example, do always show overt symptoms at once. In some cases, patients feel fine right after an accident, only to find that they have indeed sustained a serious brain injury. Getting immediate help can dramatically increase your chances of surviving a Florida car accident involving a truck.

However, getting medical care after a Florida truck accident can be a challenge for many patients. If you are in a Florida truck accident, you will generally be taken to the closest Florida hospital for immediate treatment. If you are unconscious, you may not be able to act as your own health advocate. It can take emergency personnel some time to reach your family doctor and to recover your records. Mistakes can happen in the high-pressure environment of the emergency room. This is why after serious accident, Florida medical malpractice suits are common.

Another problem with getting quality medical care after a Florida truck accident is cost. Truck accidents can cause serious or even permanent injuries and the total cost of treating these injuries can be very high. Many insurance companies only pay for part of the treatment involved and do not consider long-term costs of the injury. For example, many Florida spinal cord injury patients find that long-term rehabilitation costs, home care costs, and other costs are not considered. The first few years of treatment may be covered by insurance, but subsequent costs may not be.

Another problem is that insurance carriers do not always cover all the costs of an injury, leaving the patient with thousands of dollars in out-of-pocket costs after a Florida truck accident. For example, many Florida burn injury patients find that their insurance company is not willing to pay for skin grafts and other procedures, even though such procedures are necessary to recover fully from the injury. Many insurance companies label all such procedures as “cosmetic.” As well, many insurance companies may not cover therapy, counseling, and other services which may be important to a full recovery.

When patients choose not to get some treatments after their Florida truck accident due to financial or insurance reasons, complications can sometimes occur. Not getting the best treatment right away can mean delays in recovery or can mean a less-than-full-recovery. Not getting some of the treatments that insurance companies label “cosmetic” may make it hard to recover the life lived before an accident.

Many Florida trucking accident victims have found that seeking the help of a qualified Florida personal injury attorney can help. A good personal injury attorney can negotiate with insurance providers after a Florida trucking accident to ensure that you get the full claim money you are entitled to. A good Florida personal injury attorney can also make recommendations to you that can help ensure the best quality medical care. After thoroughly investigating your accident, a Florida truck accident attorney can also ensure that everyone who has caused the accident is held accountable, so that you get all the medical and financial resources you need to recover as fully as possible.

After a Florida truck accident, you will have many questions and concerns if you have sustained any injury. Among your concerns might be issues such as:

1) Paying medical bills. You may be uninsured or underinsured for the serious injuries that you can sustain in a truck accident. As well, you will inevitably find that your insurance provider does not cover all the costs associated with your injuries. For example, many Florida burn injury patients find that their health insurance does not cover skin grafts and other so-called “cosmetic” surgery, even though such surgery may be necessary for full recovery. As well, brain injuries and spinal cord injuries may require years of rehabilitation and treatment, and not all of this is usually covered by insurance. Health care costs can be devastating, which is why it is vital to speak to a qualified Florida personal injury attorney after your truck accident. A good attorney can give you good advice and can help ensure that you have the financial resources you need to get the best quality medical care for your injuries.

2) Dealing with lost wages. If you have been injured in a Florida car accident involving a truck, you will likely miss work. In addition, you may need to miss work in order to meet with your Florida personal injury attorney or in order to visit your insurance company or doctor after your accident. If you have sustained a serious injury, you may not be able to return to work for weeks or months. In the event of a permanent injury, you may not be able to return to work at all. A good Florida personal injury attorney can help ensure that you are compensated for your lost wages, so that you do not have to worry about losing your home or ruining your credit rating.

3) Getting a car get fixed. You probably rely on your car for basic transportation, so after a Florida truck accident, it will be a priority to get your car repaired – or replaced, if your vehicle is beyond repair. A good Florida personal injury attorney can speak with car insurance providers on your behalf, can help arrange for a rental, and can work with you to ensure that you can keep driving.

4) Deciding to seek legal action. After a truck accident, you will need to determine whether the accident was caused by someone’s recklessness or negligence and you will need to decide whether to file a legal action. This can be a difficult decision to make, especially if you are dealing with an injury at the same time. A good Florida personal injury attorney can help you understand the legal terms and issues affecting your case, so that you can make an informed decision about what to do next.

5) Problems with insurance companies. If you pay your insurance premiums faithfully, you may assume that your insurance provider will be there for you after your Florida trucking accident. This is not always the case. Your insurance company may claim the accident was your fault or may try to assert that your claim is suspicious and may delay in processing your claim. The insurance company for the trucking company may also pressure you to sign papers or make a statement you do not quite understand. Make no mistake: problems with an insurance company can deprive you of your rights and can make it hard for you to recover all the damages you may be entitled to under Florida law. Speak to a Florida personal injury attorney before negotiating with any insurance provider. An attorney can negotiate with insurance companies on your behalf to ensure that there are no problems with your claim.

In April of this year, the Federal Motor Carrier Safety Administration (FMCSA) conducted sessions with trucking industry experts to discuss hours-of-service (HOS) rules for commercial truck drivers. The trucking industry was seeking more flexibility in the rules, which currently restrict how many hours truck drivers can drive before taking rest stops. The American Trucking Association has said that the HOS rules work in preventing Florida car accidents involving trucks and nationwide truck accidents, but the industry wants more flexibility.

Under current rules, truck drivers are to rest for eight hours out of their ten hour rest period in their truck cab. This allows drivers to rest for eight hours in their cab and drive for six hours under the current 14 hour limit for driving. Despite concerns about safety, in 2004 and 2007 courts upheld decisions which allow drivers to drive many hours consecutively. Decisions and industry practices have also reduced the amount of time that drivers have to rest.

In October 2010, the new proposals made by the trucking industry to reduce rest hours even more were rejected by the Obama administration. The decision came after heavy lobbying from Advocates for Highway and Auto Safety, Public Citizen, the Truck Safety Coalition, and the Teamsters Union.

Truck drivers are also opposed to the new suggestions and proposals, noting that such regulations make Florida pedestrian accidents and truck accidents more likely. The International Brotherhood of Teamsters has asked federal regulators to reject proposals which would increase the driving limit to 11 hours and would allow drivers to be on the road again for a new week after only 34 hours of rest.

It’s not just a quality of work issue. It’s a safety issue. Fatigued drivers are simply more dangerous drivers. Experts have proven that fatigued driving can be as dangerous as drunk driving and note that HOS rules should be as strict as Florida drunk driving laws and regulations. Tired commercial truck drivers are driving tens of thousands of pounds of metal and sometimes hazardous materials. When tired, these drivers are more likely to be in traffic accidents. Ensuring that commercial truck drivers get adequate rest is an important part of keeping Florida streets safe.

In 1986, Congress created The Commercial Motor Vehicles Safety Act (CMVSA) to make interstate trucking safer. The CMVSA places restrictions on who can operate a commercial truck or bus, ensuring that bus or truck drivers are qualified for their jobs and therefore safer on the road. With the CMVSA, testing and licensing standards were introduced, bringing fewer Florida bus accidents and truck accidents to our streets.

While the CMVSA has helped reduce truck accidents, there are still far too many truck accidents on our roads. After a truck accident, one thing that occurs is a thorough investigation of the accident in order to determine what caused the collision. Florida truck accidents may be investigated by police, private investigators, or other groups.

An investigation will often include a look at a driver’s logs. Under Federal Motor Carrier Safety Regulations, drivers are required to record their breaks, driving time, and other information. This helps ensure that drivers take the required breaks and rests they are required to keep by law. Drivers are not allowed to destroy these logs, especially after an accident. Investigators can examine these logs to determine whether a truck driver was driving while tired.

If authorities suspect that a truck accident may have been a Florida drunk driving accident, they will often test a truck driver’s blood alcohol level and test for any illegal or controlled drugs as well. A driver’s medical record and medication may also be checked.

Investigators will also often examine the mechanical conditions of an accident. This may require examining the weather, road conditions, and the traffic at the time of an accident. Investigators sometimes use accident reconstruction software to determine exactly what occurred during a collision in specific conditions.

Most investigations will also examine trucking company records to determine whether a load was secured properly, whether a truck was maintained properly, and whether a trucking company took reasonable measures to keep the truck and the driver safe. Truck companies are required to maintain and release records when requested.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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