Articles Posted in Liability and Legal Issues

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If you have been in a truck accident in Miami or anywhere in South Florida, you will need to hire a truck accident attorney. This is not the sort of case you want to take on yourself. Truck carries have powerful insurance companies and your injuries are likely to be serious. These are just two reasons why having an attorney makes sense for you.

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Truck carriers and insurance attorneys may use their knowledge of the law to get you to accept an offer which may not necessarily pay the future costs of your injury. In addition, serious injuries from a truck accident can cause much higher cost than you imagine. You may have to pay for lifetime of increased medical costs, lots of incidental costs, car replacement bills, months of time lost at work, and more. You may even be permanently injured and may be unable to return to your job, meaning you need a lifetime of financial resources.

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If you’ve been in a crash in Homestead involving a tanker, big rig, tractor trailer, or any other truck, you may be thinking about the immediate short-term. You may worry whether you have hurt your back or suffered an injury. You may want to contact loved ones, get checked out by a doctor, or file a claim with your insurance company.

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However, if you have been in a truck crash, you will want to take the long view. You will especially want to consider the long-term implications of your accident. To do that, you will need to consider:

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If you have been injured in a trucking collision in Hollywood or anywhere in southern Florida, one of the first things you’ll be considering is compensation. Very quickly, the costs of your injuries and truck crash will add up. You may lose time at work, you may lose valuable personal property in the crash, you may have medical bills piling up, and you will have other expenses you need to pay. Compensation can help to pay for these and other costs so they do not come out of your own pocket.

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How you pursue compensation is an important consideration. You want to file the right claim at the right time to maximize your chances of benefits. In general, you have three main options for securing compensation after a truck crash in southern Florida:

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Many workers are expected to drive trucks as part of their work duties. For example, truck drivers may be handling tractor-trailers, big rigs, tankers, or other larger vehicles all day. Delivery drivers, too, may be driving vans, light trucks or other vehicles to and from client’s homes. Warehouse laborers, construction workers, and other employees may all be required to drive a truck all or part of the time as part of their job duties.

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Unfortunately, truck driving can increase the risk of a workplace accident. These heavy vehicles are difficult to maneuver and require more training. If you’re taking on a job that will mean you are to drive a heavy truck or even a light truck part or all the time, it is essential to get additional training and receive ongoing training to stay as safe as possible.

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Being in a trucking accident in Homestead or any South Florida community will usually result in a claim. Whether you decide to file a legal claim or contact your car insurance company to seek compensation for car repairs, medical bills, and other costs, you are entering into a legal process. Unfortunately, many factors can hurt your claims, including things that seem quite innocuous:

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At Flaxman Law Group, our legal team often hears from people who have been seriously injured in a truck accident. Unfortunately, sometimes plaintiffs contact us after they’ve already made crucial mistakes that could hurt their claim. In many cases, plaintiffs make mistakes because they believe certain misconceptions about truck accidents. Do you have the following mistaken beliefs?:

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If you have been in a collision involving a tractor-trailer, tanker, big rig, or any larger vehicle, the injuries you sustain and the damages your car sustains may be significant. The larger force and size of the truck can simply mean that squeeze play accidents and other collisions can lead to your car being crushed or severely damaged.

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You count on your car insurance company to protect you in these types of situations, but not every person injured in a trucking collision gets the compensation and outcomes they desire. You can increase your chances of a successful claim by:

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In most cases, if you are injured in a trucking accident, you will file a car accident claim with your car insurance company. However, if your accident took place while you were on the job or performing a job duty, you may have a workers’ compensation claim.

Photo from: James G. Howes

Photo from: James G. Howes

For example, if you drive a delivery truck as part of your job or if you are asked by your employer to drive a company truck as part of your duties, you may have a workers’ compensation claim if you are in an accident while performing this duty and end up suffering injuries. Continue reading →

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Being in a car crash in Homestead or anywhere in southern Florida is a devastating event – one that can have a long-term effect on someone’s financial situation, health, and life. Traditionally, we speak of trucking accidents, but a growing number of trucking advocates say we need to change the terminology.

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Since human error is the leading cause of most traffic accidents in Homestead and across the country, many advocates would like to see us refer to truck accidents as truck crashes or truck collisions instead. They argue that the term accident makes it appear that these incidents are not preventable or that they occur for no particular reason. Some advocates claim that calling trucking crashes collisions or crashes emphasizes the fact that many of these incidents are preventable.

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Statistically, a truck driver is less likely to have caused a car accident when compared with a passenger car driver. If you have been in a truck accident, it is important to consider whether another passenger car driver cut in front of the truck or performed another maneuver that resulted in your accident and injuries. If so, they may be the at-fault driver.

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The difficulty of proving third-party driver liability

Unfortunately, even if a third-party driver caused your accident, it can be difficult to prove. A nearby driver may even drive away after your collision, claiming they were not part of the accident. Even if they stay, law-enforcement may place the blame on you or on the truck driver – even if the crash was not your fault.

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