Item: Flaxman Law Group
Rating: 5
Author: Clara Barman

Recovering from a Head Injury After a Truck Accident

Published on: November 14, 2013 | By Flaxman Law Group

Truck accidents in Hollywood often lead to devastating and catastrophic injuries. One of the most devastating injuries that are sustained in traffic accidents include head injuries. The brain is protected by the skull, but in a traffic accident in Hollywood what can happen is that the brain gets shaken about inside the skull. For example, if a passenger’s head collides with the dashboard or another object with enough force, the soft tissue of the brain will crash up against the inside of the skull.

When this happens, it is considered a traumatic head injury. The force of the brain tissues hitting the interior of the skull can lead to bruising, swelling, and bleeding. This can cause severe trauma and even death. Blunt force head trauma can also lead to damaged brain tissue, which can lead to a number of symptoms, including:

•Memory loss
•Difficulty speaking
•Loss of motor skills
•Paralysis
•Difficulty concentrating
•Speech problems
•Personality changes
•Vision problems
Patients who have sustained a permanent, catastrophic head injury often find their lives completely changed. They may not be able to return to work and may have trouble completing simple tasks, such as getting dressed, preparing food, and performing everyday actions that most of us don’t have to think twice about. Some people who have sustained a serious injury require months or years of rehabilitation while others require around-the-clock care because they are never able to return to their everyday lives. Even a simple concussion can result in months of recovery time and can make you more susceptible to secondary head injuries.

Head injuries are extremely serious. If you are a head injury patient in Hollywood, you will want to get checked out by a specialist right away. Even if you have been in a traffic accident in Hollywood and don’t think you have been injured, contact a doctor immediately if you have hit your head. You will want to have your situation evaluated, because in some cases fatal head injuries don’t create symptoms right away. Some people walk away from a car collision or other accident only to die hours later because a head injury has gone undetected and untreated. Don’t let this happen to you. Get medical advice right away.

In addition to getting medical advice, you will want to contact a personal injury attorney in Hollywood or your community. The cost of a head injury can be significant. If you have a serious, permanent brain injury the cost of losing wage potential and the cost of medical treatment as well as at home care and rehabilitation can easily reach one million dollars or more over your lifetime. Even a simple concussion can cause you to lose weeks or months of work and may require extensive treatment. If the collision was caused by no fault of your own, you may be able to seek compensation through an injury claim. This way, you will have the money you need to pay for treatment so that you can focus on healing rather than on the financial stress a car crash can cause.

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Injuries Sustained in Truck Accidents Tend to Be Catastrophic

Published on: November 12, 2013 | By Flaxman Law Group

While car accidents in Homestead and other communities may result in terrible injuries, including whiplash, fractures, paralysis, and more, commercial truck accidents can be especially deadly and may be more likely to result in serious and permanent injuries. Truck accidents in Homestead are more likely to lead to catastrophic injuries because the size and force of the truck easily outmatches the size and force of a passenger car.

Large trucks that have careened out of control can explode into flames, can plow into multiple vehicles, and can even crash or roll over smaller vehicles. The damage in these accidents is often immense and leads to serious injuries. Quite simply, if you are in a passenger car, you have little chance against a big rig.

If you have been in a truck accident, it is important to keep in mind that your injuries are likely to be severe. You may suffer from:

•Head injuries
•Back injuries
•Paralysis
•Amputation
•Soft tissue injuries
•Spinal cord trauma
•Fractures
•Disfiguration
•Burns
All of these can be immensely expensive, and it is important to act strategically immediately following a traffic collision in Homestead, to ensure that you do not end up paying for the entire cost of these injuries yourself. Keep in mind that a serious head injury or spinal cord injuries could end up costing you more than one million dollars in home care and medical costs over a lifetime. An amputation can cost hundreds of thousands of dollars over a lifetime because you will need to replace your prosthetics, get additional treatment, and so forth. Even car accident leading to a facture can cost tens of thousands of dollars in lost income, property damage, and medical care.

If your injury was caused by no fault of your own, Florida law allows you to seek compensation through a personal injury claim. Even if you’re not sure you want to pursue a legal claim, it’s important to speak with a personal injury attorney in Homestead or your community to find out how much your injuries may be worth. After all, even if you have excellent health coverage and car accident insurance, how can you know whether your insurance company is offering you a fair amount for your injuries and damages?
The truth is, insurance companies are in the business of resolving claims quickly and for as little money as possible. If your injuries end up costing you much more in the long-term, these costs will come out of pocket. Once you have accepted insurance money, you have often signed away your right to pursue additional claims, which is why speaking to a lawyer before you sign anything is so important. A personal injury attorney can help you find out whether you have a strong case and can help you decide what your options are for covering as much of your injury is possible.

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These Mistakes After a Truck Accident Can Hurt You for Years

Published on: November 7, 2013 | By Flaxman Law Group

If you have been in a truck accident in Homestead, the clock is ticking. The choices you make immediately following a traffic accident can affect you for years because they can determine how much compensation you ultimately get for your injuries. The personal injury attorneys at Flaxman Law Group have seen the following errors end up costing plaintiffs in the long run:

1) Refusing medical attention. It is important to get checked out quickly after any traffic accident in Homestead – even if you think you may not have been injured. If you find that you were injured but did not notice right away, the motor carrier’s insurance company may claim that your injuries were not serious – or maybe were not caused by the accident. Take your health seriously. Get checked out after the accident and be sure to follow any doctor’s instructions. Attend all doctors’ appointments and any specialist appointments so that you have the best chance of healing.

2) Discussing the accident. Do not discuss the accident with anyone, even at the accident scene. Anything you say can be fuel for the defendant’s attorneys. Since car accidents in Homestead involving trucks usually involve a lot of money, insurance carriers, attorneys, and others may try to contact you or get you to sign something. Always speak to a personal injury attorney in Homestead or your community before discussing or signing anything related to the accident or your injuries. In addition, be careful when discussing the accident and injuries with friends or family or on social media. Your conversations may be used against you.

3) Being dishonest. There is no point in exaggerating your injuries or symptoms. Be honest with doctors and your attorney – they are there to help and they can only assist you if you are honest with them.

4) Not expecting surveillance. Insurance companies will sometimes conduct investigations on plaintiffs. While it is possible that you may have good days where you can accomplish more – even if you are seriously injured – keep in mind that it can look very bad in a case if you are caught on tape completing an activity that you claim you are too injured for. The tape will not show that you were in pain after the activity or that you suffered a setback in your recovery because you attempted too much.

5) Not documenting all injuries and keeping all evidence. Keep all doctor’s records, receipts, pill bottles, photos of injuries, casts, braces, and other evidence of your injury. Take photos of video of your injuries and any damages you have suffered. Keep a running total of the costs you have incurred and keep a journal of your injuries and challenges as you recover. The more information you have, the stronger you case may be.

6) Taking too much time to respond. As soon as you have an accident, you will want to get medical help, contact your insurance company, and contact a personal injury attorney. Waiting too long to get medical help or file an accident claim can make it look as though your injuries or the accident were not that serious. There is also a statute of limitations in Florida, so waiting too long to contact an attorney can affect your ability to file a legal claim.

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Why Truck Accidents Continue to Happen Despite Safety Measures and New Laws

Published on: October 31, 2013 | By Flaxman Law Group

Truck drivers and motor carriers are subject to many rules and regulations. Truck drivers, for example, must not exceed certain driving times and must log hours driven as well as rest periods. They must check their trucks regularly to ensure that the trucks are safe. Motor carriers must carefully choose, train, and screen the truck drivers they hire and must not permit overloaded trucks on the roads.

New laws are passed each year regarding hours of service and other rules that truck companies and drivers must follow. However, truck accidents in Hollywood and other communities continue to be an issue and continue to cause many fatalities as well as many injuries each year.

Why do the laws not seem to be enough?

Unfortunately, despite the rules, attempted enforcement and the penalties for rule violations, some truck drivers and motor carriers not only violate the laws and rules, but go out of their way to do so. In many cases, the incentive is financial. For example, some truck carriers and truck drivers continue to overload their trucks past what is permitted by law. They may take back roads in order to avoid scales and weighing stations. They may also falsify documents in order to make it appear that a truck is within legal weight limits. In many cases, it is simply less expensive for motor carriers to send out trucks that exceed weight limits rather than sending out multiple trucks.

Some truck carriers and drivers also ignore rules regarding falling debris and cargo from trucks. Truck drivers should stop when they see cargo falling from their truck but they do not always notice. In some cases, truck drivers simply wait for municipalities to clean up the mess. If a truck driver has been negligent in securing the cargo and in stopping when they notice falling cargo from their truck, the truck driver and the motor carrier can be held liable if someone is injured in car accident in Hollywood because of the falling debris.

A common rule that is violated concerns hours of service limits. Truckers are required to get a certain amount of rest every day, have limits on how long they can drive before rest, and must meet other rules as well in order to keep everyone on the roads safe. When truckers or motor carriers fail to obey state rules, serious accidents and injuries are the result.

A careful investigation by a personal injury attorney in Hollywood or your community may determine that the at-fault truck was overweight or was breaking other rules. If the attorney finds that violating trucking rules led to a tire blowout or other dangerous situation that led to your accident, you may have a legal claim under Florida law and you may be able to pursue compensation to help pay for medical bills, lost wages, and other damages.

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How Are Truck Accidents And Car Accidents In Hollywood Different?

Published on: October 29, 2013 | By Flaxman Law Group

Commercial truck accidents are very different than passenger car accidents in Hollywood for a number of reasons:

1) There are more likely to be multiple liable parties in commercial truck accidents. In commercial truck accident cases in Hollywood, the truck driver, motor carrier, the person responsible for loading the cargo, the person owning the cargo, the manufacturer of the truck, and anyone who rented or owned the truck can all be liable parties. While a passenger car accident usually involves just the driver and their insurance company, with a commercial truck there may be multiple parties responsible for loading the truck, maintaining it, and getting it on the road. While this can increase the chances that you will get fair compensation if you pursue multiple liable parties, it can also make the case more complex.

2) Commercial truck accidents usually involve powerful teams of attorneys and strong defendants. Motor carriers are powerful companies in many cases have teams of attorneys to aggressively advocate on their behalf. It can be harder to get fair compensation in these situations since there’s often a lot of finger-pointing involved.

3) The injuries sustained in commercial truck accidents are more likely to be devastating. Head injuries, spinal cord injuries, fractures, amputations, paralysis, and fatalities are the common result of big rig and tractor trailer crashes. The larger size of the vehicles creates more force in an impact accident, and this leads to more serious injuries – as well as greater suffering and greater medical costs for the victims.

4) It may be harder for victims to get fair compensation in some truck accident cases. Many survivors in a traffic accident in Hollywood assume that car insurance companies will take care of all the costs of their injuries. However, the high costs associated with these accidents as well as the power of the defendants often means that motor carriers and their insurance companies will take steps to reduce their liability and the amount of money that they need to pay. Defendants and their insurance companies may move to reduce the costs of the damages to them, and this can make it harder for victims to get fair compensation. It is one of the key reasons why many accident survivors turn to personal injury attorneys in order to fight for their rights.

5) Commercial truck drivers and motor carriers are subject to many federal and state laws. If these rules have been violated, there may be criminal charges and in some cases accident survivors can use this to agitate for fairer compensation.

6) The victim in the car accident is more likely to be blamed in these types of accidents. Even if a truck driver was speeding or otherwise contributed to the accident, it can be easier to accuse the driver of the car, who after all has less experience and training than a commercial truck driver. If you have been accused of causing an accident, it can be even harder to get compensation and you may need to work with a personal injury attorney to get answers and compensation.

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Truck T-Bone Accidents in Hollywood and Florida

Published on: September 27, 2013 | By Flaxman Law Group

A T-Bone car accident or truck accident in Hollywood is an accident where a truck hits the side doors of your vehicle. These types of accidents tend to take place in busy intersections after a truck driver has driven through a red light or has failed to stop at a stop sign.

These types of accidents tend to be catastrophic. The size and force of a truck can literally break through your side door so that the truck crushes everyone inside. The flying glass in this impact can cause scarring and eye injuries. Even if you have side impact airbags, they will not often do much to prevent serious and even fatal injuries in this type of truck accident.

There are many reasons why these types of truck and car accidents happen:

•A truck driver may fall asleep at the wheel and run a red light or a stop sign
•A truck driver may be speeding and may be unable to stop in time when he or she gets to an intersection
•A truck driver may be distracted and not notice the intersection
•A truck driver may fail to yield right of way
•A truck driver may be inebriated or driving under the influence of alcohol or drugs and may not realize that he or she needs to stop
•A truck driver may run a red light or stop sign due to impatience, road rage, or some other cause
•The truck driver may have a medical emergency and lose control of the vehicle
•Brake failure may be the cause
Who is liable in your injuries after a side-impact accident involving a truck? The driver of the vehicle that hit you is the one primarily liable in many cases. You can pursue them and their insurance company through a legal claim. However, if your car did not provide a high standard of protection in the crash, you may also have a product liability claim in Hollywood against the manufacturer. The motor carrier or truck driver may be held liable if the driver was driving fatigued or if the truck was not in good repair.

If the accident happened at a high collision intersection, poor road design or poor road maintenance may have played a role, and the people responsible for maintaining the roads or designing roads in the area may also be held partly liable. You may in fact have many legal options after your accident, so you may want to speak with a personal injury attorney in Hollywood or your community in order to review all the possibilities.

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Tire Problems are a Common Cause of Truck Collisions in Homestead and Other Cities

Published on: September 2, 2013 | By Flaxman Law Group

While driver error is one of the biggest causes of truck collisions, mechanical failures are the second most common cause of truck accidents in Homestead and other cities. Brake failures and tire problems are the most common mechanical problems that lead to these types of traffic crashes in Homestead and other cities.

If you have been in a truck or car accident in Homestead, it can be difficult to determine whether mechanical failure was a problem. If the tires of the truck in front of you disintegrate right before your eyes, you may suspect that tire failure caused your accident. But what if the tires were simply over- or under-inflated and this caused your accident? The only way to determine all liable parties is to speak with a personal injury attorney in Homestead or your community. Your attorney can advise you of the likely causes of your accident, the likely long-term costs, and your legal option.

It can also be useful to understand some of the common causes of tire-related problems and truck collisions. The common causes of tire problems include:

1) Mechanical defects with the tires
In some cases, the tires are simply defectively designed or manufactured, which can mean that the tire manufacturer is to blame. You can check to see whether specific tires (and other truck mechanical systems) have been recalled by visiting the DOT recall website at www-odi.nhtsa.dot.gov/recalls.

2) Drivers who fail to check and maintain the tires
Drivers are expected to check the tires before every trip and are expected to do basic maintenance to ensure that the tires are not over- or under-inflated. When drivers fail to do this, they may miss wear and tear on tires and other dangerous conditions that may lead to a tire blowout in Homestead or even a crash.

3) Old tires
The rubber in tires can disintegrate, even if the tires are not used. If a tire is left in a warehouse for years, especially in hot Florida temperatures, it may no longer be safe, even it has not worn down. The trucking company or maintenance company responsible for selling the tires or having them installed on the truck may be held partly liable if old tires lead to an accident.

4) Incorrectly maintained tires or incorrect tires
In some cases, trucking companies use the wrong tires or fail to properly maintain tires on their fleet. They may rely on truck tires that do not meet federal tread depth requirements, for example, or they may fail to routinely check and upgrade tires as they become worn. In some cases, mismatched or incorrect tires are used. For example, mixing different tire sizes, tires with different wear, or tires with bias and radial types on the same axle can lead to an accident.

Unfortunately, if you have been seriously injured you may find that different parties point the finger. The driver may blame the trucking company while the trucking company blames the manufacturer for the accident. The manufacture may then blame the leasing company. To find out what really happened and to determine who the liable parties are, contact a personal injury attorney in Homestead or your community for a case evaluation.

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Truck Accident Statistics for Miami Drivers and Motorists Across the Country

Published on: August 17, 2013 | By Flaxman Law Group

If you drive in Miami or any Florida city, you have probably seen evidence of truck accidents involving commercial trucks or big rigs. According to the U.S. Department of Transportation (USDOT), the National Highway Traffic Safety Administration (NHTSA), and the National Center for Statistics and Analysis (NCSA), the statistics about these types of accidents are actually more troubling than many people realize. If you have ever seen a car or truck accident in Miami or another city, you may be surprised to learn that:

•There are 15.5 million trucks on US roads
•About 13% of the trucks in the US are 18 wheelers, tractor trailers, big rigs, or semis
•About 90% of commercial truck accidents are caused by human error – either truck driver error or another person’s error
•98% of all truck accidents in Miami and across the country involving a semi result in fatalities
•Tractor trailer fatalities result in $20 billion in costs annually
•Big rigs result in 60.5 injuries and 2.3 fatalities for every 100 million miles driven
•Approximately 22% of truck accidents cause some types of injuries
•About 130 000 Americans are injured in truck crashes each year
•30% of commercial truck crashes are caused by driver fatigue
•75% of commercial truck crashes are caused by passenger car drivers
•About 2500 fire truck accidents occur in the US each year, resulting in over 1000 injuries and fatalities, often to firefighters
If you have been injured in a car accident in Miami involving a truck, you will want to take precautions to safeguard your future. Since there are so many accidents and since statistically passenger car drivers are at fault, you will want to make sure that you are not lost in the statistics. You do not want to be blamed for a car accident you did not cause, for example, and you will want to ensure that you get fair compensation for your injuries. In some cases, victims of truck-related traffic accidents in Miami and other cities have trouble securing fair compensation because they are facing powerful motor carriers and insurance companies.

If you have been injured in a traffic accident in Miami, you will want to contact a personal injury attorney for just this reason. A good personal injury attorney in Miami can review your options and can help you choose a course of action that will secure the fairest compensation possible. An attorney can also work with investigators to investigate the accident and can negotiate with your insurance carrier so that you get a fairer insurance claim amount.

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What Can An Attorney Do if You Have Been Injured in a Trucking Collision in Homestead or Another Community?

Published on: August 7, 2013 | By Flaxman Law Group

If you have been in a truck accident in Homestead or another Florida community, do you really need an attorney? While it is not a legal requirement, many traffic accident survivors find that working with a personal injury attorney in Homestead or their community makes a big difference in their situation. There are many things that an attorney can do for you:

1) An attorney can help you understand what local resources are available to you. If you have been in a serious traffic collision in Homestead or another community, you may require medical help and you may need to replace or repair your car. The claims and financial process of the accident can also be quite complicated. Personal injury attorneys handle thousands of these types of cases and can help direct you to local resources. They can also offer tips and advice on handling the various aspects of your case.

2) A lawyer can help you understand how much your case may be worth. One of the first things an insurance claims adjuster will consider is how much your claim may be worth. It is important to consider this question yourself, however, since any amount not covered by your insurance company will come from your own pocket. Personal injury attorneys work with victims from all walks of life. They can help you understand the immediate, long term, and incidental costs of your injuries, so that you can better evaluate insurance offers.
3) An attorney can help you review your options and your rights. After a truck or car crash in Homestead, you may know that you can file a car insurance claim – but what are your other options? An attorney can review these options with you, so that you make the right choice for you.

4) A lawyer can help you with the claims and negotiation process. Your personal injury attorney in Homestead can negotiate with your insurance company if they have made you a low offer that will likely not cover all the costs related to your injuries. If you have sustained a serious injury, such as a head injury, in Homestead, it is important to seek the fairest compensation possible so that you are covered for medical costs and other expenses. An attorney can help with this.

5) If you decide to pursue a legal claim, an attorney can pursue that claim on your behalf. If you decide to pursue a legal claim against the liable parties in your case, a personal injury attorney in Homestead or your community can investigate the collision, build a strong case, and pursue the case for you. An attorney will use their considerable legal expertise for the case while you are free to pursue medical treatment for your injuries.

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Truck Tire Blowouts in Homestead and Other Communities Lead to Questions

Published on: August 3, 2013 | By Flaxman Law Group

Most drivers have seen the shredded remains of tires from truck tire blowouts on highways and roads. In addition to being unsightly, these tire remnants can be a hazard. Tire blowouts can lead to car accidents in Homestead and other communities. The tire debris also easily lead to motorcycle accidents in Homestead and other cities. In some cases, a truck driver can lose control of their vehicle during a tire blowout, a fact that leads to truck accidents in Homestead and across Florida.

There is some debate about where shredded tires come from. Many people note that the hot temperatures in Florida put additional pressure on tires and cause tires to disintegrate. When trucks are overloaded and exceed weight limits, this can also place additional stress on tires and can cause not only truck rollovers in Homestead and other cities but also tire blowouts. Of course, in some cases simple wear and tear lead to tire blowouts, although in many cases careful monitoring and maintenance of tires can prevent blowouts.

Another issue that is often blamed for tire blowouts is retreaded or capped tires. This process involves stripping down old tires and adhering new treads and a new exterior. This method of dealing with older tires is considered by many in the trucking industry to be more cost-effective and it is also more eco-friendly. However, some experts claim that the adhesive used in the process can become unglued, especially in high temperatures, leading to tire debris on the roads and tire issues.

Other experts, however, say that retreaded tires can be just as safe as other types of tires – provided they are made correctly. In fact, the National Highway Traffic Safety Administration concluded in 2008 that retreaded tires were not more likely to suffer from a blowout than new tires. Unfortunately, there is no regulation of capped tires, which means that some companies take fewer steps to ensure the safety of the tires. Reputable retreaders do not cap old tires and check for flaws before retreading. Some even x-ray tires to ensure that there are no tiny flaws which can affect the integrity of the final product.

No matter what causes tire problems for trucks, there is certainly an issue. According to the National Highway Traffic Safety Administration, about 55 people are killed each year in accidents involving a truck with tire issues. Many more people are seriously injured in these types of accidents. Federal rules require trucking companies to maintain their fleets carefully and also require truck drivers to carefully check their trucks – including the tires – each time they drive. Drivers are expected to check tire pressure and also to check for bulges, cuts, and other flaws on the tires.

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