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

Time is Of the Essence After a North Miami Beach Truck Accident: What to Do First

Published on: December 13, 2012 | By Flaxman Law Group

After a North Miami Beach truck accident, time is of the essence. The things that you do immediately following an accident can determine your ability to claim fair compensation and pursue a legal case. Immediately following a North Miami Beach traffic accident, you will of course want to offer assistance to anyone who is injured at the scene and to get medical help immediately if needed. If the accident is serious, you will generally also need to contact authorities. Beyond that, however, there are several things you want to do in order to preserve your rights:

1) Be wary of what you sign or say. In general, try to say as little as possible and stick to the facts, even if an insurance investigator tells you that your comments will not be “on the record.” If an insurance company investigator contacts you, you have the right to tell them that you cannot speak at the current time and you can ask them to communicate with you via letter. In general, you should say as little as possible and sign nothing until you contact a North Miami Beach attorney. Your attorney can advise you as to what you should not say and what you should not sign in order to safeguard your rights.

2) Contact the investigating authority and get a copy of the police report if you can. Look for any discrepancies between what you remember and what is written down. You can also ask the investigating authority about victim assistance and advocacy programs as well as any criminal charges in the investigation.

3) Preserve as much documented evidence as possible. This may mean taking down information at the scene of the accident or as soon as you are able to. It may mean taking photos at the scene and photos of your injuries or sending the trucking company a registered “spoliation letter” asking them to keep specific evidence – such as the truck’s computer or the log book – related to the crash. Keep receipts of any expenses related to your accident – such as cab fare home from the hospital, a tally of work hours lost, medication or medical expenses, and other costs.

4) Get medical attention – even if you walked away from the crash. Some types of injuries – including potentially fatal North Miami Beach head injuries – may not show symptoms right away. Even if you think you’re fine after an accident, it is important to get medical attention. Go to a walk in clinic or visit your regular physician to get a full checkup. If you have soft tissue injuries or other injuries which are caused by the accident but which may not have produced symptoms immediately, it is important to document this and to get treatment right away. Getting prompt medical attention also allows you to start documenting the evidence of your injuries right away.

5) Hire an experienced personal injury attorney. If you think that your accident and injuries were caused by recklessness or negligence, it is important to consult with a North Miami Beach personal injury attorney as quickly as possible after your accident. Keep in mind that many personal injury attorneys will even visit your hospital room or your home if you are seriously injured and not able to visit a lawyer in person. In truck accidents, trucks are represented by powerful insurance companies. If you wish to pursue a legal claim or compensation, it is important to get legal advice immediately – before you inadvertently sign away any rights. Hiring an attorney immediately also allows your attorney to secure evidence which may be important in your case.

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How to Heal Emotionally After a Miami Beach Trucking Accident

Published on: December 6, 2012 | By Flaxman Law Group

If you have been seriously injured in a Miami Beach truck accident or have recently lost someone in a Miami Beach traffic accident, you may be experiencing physical symptoms, financial distress, as well as emotional trauma. Many accident survivors experience great upheaval in their lives, including emotional upheaval. If this is true for you, there are several things you can do:

1) Get professional help. If you are experiencing grief, anger, depression, and other forms of emotional upset which are preventing you from leading a normal life, it is a good idea to get professional help. There are counseling options available as well as support groups and other forms of help. Your regular physician can help direct you to the options available to you.

2) Be aware of troubling symptoms. While everyone who survives a serious Miami Beach car accident or truck accident goes through some form of emotional upheaval, you’ll want to be aware of troubling symptoms which indicate that you need prompt help. For example, if you have thoughts of harming yourself or are depressed after the incident, you will likely want to speak to your regular doctor about these symptoms. Similarly, if you have intense emotional responses to memories of the accident or if you are having trouble resuming your life weeks after the accident, you may need counseling or another form of help in order to get back on track.

3) Take care of yourself physically and mentally. A Miami Beach truck collision and the resulting injuries are traumatic. This is not a time to punish yourself further – it’s a time to take care of yourself mentally and physically. That may mean surrounding yourself with supportive friends and family. It also means eating well, exercising, and visiting the doctor in order to make sure that you are physically as fit as possible.

4) Get answers about the accident. After a serious accident or injury, it is normal to have questions about how the accident occurred. Many survivors find that they are better able to heal and resume their lives if they have answers about what has happened. You can speak with a Miami Beach personal injury attorney in order to get assistance with getting answers about your accident. An attorney can investigate the accident for you and can even pursue a legal claim or compensation for you so that you have money for counseling, medical care, and other expenses related to your accident.

5) Write about your experiences or use another form of self-expression. Keeping a journal or using art or photography can be very helpful in healing after the trauma the serious accident. Talking about your experiences with others can also be helpful.

6) Commemorate your loved one if you have lost someone in the accident. This will allow you to heal and get some closure.

7) Be sensitive about the fact that others may grieve differently. Your friends and family will likely be grieving too. Staying sensitive to how others grieve is important in providing everyone with the support they need.

8 ) Beware of “trigger events.” Birthdays, anniversaries of the accident, and passing the street corner where the accident occurred may all be trigger events that stir up strong emotional reactions. Be aware of what your trigger events may be and prepare yourself in advance so that they do not sneak up on you.

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Dealing With Greif After a Miami Gardens Truck Accident

Published on: December 4, 2012 | By Flaxman Law Group

Losing a loved one in a Miami Gardens trucking accident or sustaining a serious injury in an accident can result in months or even years of grief and recovery. The impact of a serious Miami Gardens traffic accident can be far-reaching and can include:

1) Physical symptoms. The first six to twelve months after losing a loved one in a Miami Gardens car accident or truck accident can include many physical symptoms. The same is true if you yourself have been injured seriously in a traffic accident. The physical symptoms vary widely from person to person but may include insomnia, tension headaches, and other symptoms. Some survivors find themselves more prone to accidents because they are distracted by grief or more prone to physical illness since stress and grief can wear down the immune system. If you have any physical symptoms, it is important to speak with a doctor about them to get the appropriate help.

2) Recovery from injury. If you have been injured in a Miami Gardens truck collision, you may have to endure pain as well as prolonged medical treatment in order to regain mobility and resume your daily life. If you have also lost a loved one in the same accident that injured you, it may be difficult to focus on healing when you are also grieving.

3) Emotional symptoms. Symptoms such as denial, anger, fear, guilt, and depression are common after a serious car accident. They may affect your ability to complete everyday tasks or even work. If you are having trouble emotionally after an accident, it is important to seek counseling or help. In some cases, these symptoms may not go away by themselves and may require medical intervention.

4) Financial impact. The financial impact of a Miami Gardens truck crash can be immense. If you have lost a loved one, the final medical expenses and memorial expenses may add up to tens of thousands of dollars or even more. If you have been seriously or permanently injured, you may face hundreds of thousands of dollars or even more in medical bills. In addition, you may lose income if you cannot work after the accident and you may need to repair or replace the car and property damaged in the accident. In some cases, survivors find that they face bankruptcy due to the cost of their injuries. For this reason, it is important to consult with an experienced Miami Gardens personal injury attorney if you have sustained a loss or injury in a traffic accident. An attorney can tell you whether you are qualified for compensation due to your accident.

5) Stress disorders. Some survivors of Miami Gardens traffic accidents may experience Acute Stress Disorder (ASD) or Post-Traumatic Stress Disorder (PTSD), serious illnesses that can mean depression, flashbacks, and other symptoms for sufferers. PTSD and ASD are both treatable, but both require medical help.

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How to Advocate: Things You Can Do to Take a Stand Against Safety Risks that Lead to Homestead Truck Accidents

Published on: November 29, 2012 | By Flaxman Law Group

If you have been injured in a Homestead truck accident, you may not only want to focus on healing, but you may also become interested in advocacy. Many survivors of serious Homestead traffic accidents find that advocacy is an important part of the healing process and helps them seek changes that can help prevent similar accidents in the future. Whether you are a Homestead head injury patient, burn patient, or have sustained another type of injury, there are many things you can do:

1) Educate yourself about the issues and safety concerns affecting the risk of traffic accidents. Finding out what caused the Homestead truck accident that caused your injuries can be important, since the same issues may cause multiple Homestead car accidents and truck accidents. Drunk driving, speeding, rule violates, fatigued and distracted driving are all known dangers yet drivers continue to make poor choices when it comes to these hazards. When enough victims step forward about these issues, however, real change is possible.

2) Join and volunteer with an organization dedicated to advocacy and truck safety. Groups such as the Truck Safety Coalition and others aim to raise awareness and change laws so that tragedy can be prevented. These groups are often eager for volunteers and can suggest many things that you can do to help the cause. To find advocacy groups, you may wish to speak to your attorney, support group, or research online.

3) Write to your elected representative. If your accident was caused by a common problem – such as speeding, distracted driving, or other issues – write to your elected representative. Succinctly explain your story and request specific changes to be made that can help prevent similar Homestead truck crashes in the future. For example, if your accident was caused by a distracted driver, considering asking your elected representative to sponsor or support legislation which would ban texting and driving in Florida.
4) Follow up with and meet with your elected representatives. Politicians receive many emails and letters per day. Following up with an appointment or another letter shows that you are serious about the issue. You may also consider setting up a petition about a safety issue. When politicians see that voters are passionate about a topic, they are more likely to pay attention.

5) If you have been injured in a Homestead traffic accident, work with a Homestead personal injury attorney to get answers and to hold responsible parties liable. An experienced attorney can help you find out what caused an accident and can help you determine what steps to take after an accident. Deciding to pursue a legal claim can also help bring about important safety changes. Legal claims shine a spotlight on problem safety measures and in many cases truck companies agree to safety changes as well as compensation as part of out-of-court settlements. Holding a responsible party liable can help that company make changes that can prevent another accident.

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Issues That Affect You: Safety Concerns That Affect Coral Gables Truck Accident Risk

Published on: November 27, 2012 | By Flaxman Law Group

Keeping yourself informed about the issues that could affect your safety on the road is an important part of being a savvy driver. There are many issues that federal and state governments have been mulling over that could affect the risk of Coral Gables trucking accidents:

1) Maximum allowed truck weights. In 1995, there was a freeze on longer combination vehicles (LCVs) and limits have been set on the weight and size of commercial trucks. Numerous studies have shown that heavier and larger trucks may be at larger risk of collisions and may harm roads and infrastructure more than current trucks. However, truck companies and the industry sometimes advocate for larger trucks and larger weight limits, arguing that these limits would allow their businesses to be more cost-effective as it would allow more products to be shipped at a time.

2) Hours of Service (HoS) regulations. According to the National Transportation Safety Board (NTSB), the U.S. Department of Transportation (DOT), and other agencies, driver fatigue is a contributor in many truck crashes. As a result, federal laws have limited the number of hours commercial truck drivers can work before taking a break. In 2003, rules were set so that drivers can drive a maximum of 11 hours after ten consecutive hours of break. This was actually an increase in the number of hours permitted on the road and many advocacy groups have tried to get these hours reduced. Truck drivers and companies, however, have a financial incentive to seek longer hours.

3) Insurance levels for truck companies. Motor coaches are required to carry a minimum of $5 million in insurance while trucks need to carry $750 000 in insurance. Many advocacy groups have been trying to increase these mandatory minimums, especially for commercial trucks carrying hazardous waste, noting that the minimums have not been updated in three decades. With the current rules about insurance, some advocates point out, victims of Coral Gables truck accidents who have sustained serious injuries such as Coral Gables head injuries, amputations, and other serious injuries may have trouble getting fair compensation for their injuries.

4) Electronic On-Board Recorders (EOBRs). EOBRs are devices which automatically record information about trips – including distances driven. Truck safety groups have been trying to pass rules which would require all trucks to have these devices. Currently, commercial truck drivers must note hours driven and hours of rest in written log books, but these books are not as accurate as EOBRs.

5) Panels and impact guards to reduce underride accidents and injuries in rear impact collisions. According to the Truck Safety Coalition, half of all fatal truck accidents involve underrride accidents, where a smaller vehicle slides under a larger truck. Some experts believe that requiring all commercial trucks to be equipped with energy-absorbing, velocity-sensitive rear impact guards and low-mounted side panels would prevent a large number of these types of accidents.

6) Speed limits. Speeding is a major cause of many Coral Gables car accidents and truck accidents. Since trucks take longer to stop and brake than passenger vehicles, some experts believe that reducing speed on trucks would reduce the risk of accidents and would decrease the risk of fatalities and serious injury in collisions.

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Steps Of The Legal Process After A Miami Lakes Truck Accident

Published on: November 20, 2012 | By Flaxman Law Group

After a Miami Lakes truck accident, if you decide to pursue a legal claim, there will be many steps to you and your attorney will need to take. The steps can include:

1) Investigation. Even if you decide not to pursue a legal claim, there will be an investigation of the accident. If the Miami Lakes traffic accident caused serious injury or damage, the police may become involved if they believe that the truck driver or truck company violated the law. They may pursue criminal charges against the company or driver. Even if there is no criminal charge and you do not decide to pursue a civil case, within minutes of the accident it is likely that the insurance company representing the truck company will send what is known as a go team or rapid response team to the scene of the accident in order to gather evidence and start an investigation. If you decide to pursue a civil case, your personal injury attorney will send their own private investigators to investigate the accident. Since the insurance carriers usually arrive very quickly, it is important to consult with a Miami Lakes personal injury attorney very soon after the accident, before evidence is lost. The sooner you consult with a Miami Lakes personal injury attorney, the sooner your attorney can document evidence and start an investigation. Even if you decide not to pursue a legal case in the end, consulting with a personal injury attorney promptly after crash helps ensure that you know which steps to take in order to preserve as much evidence as possible.

2) Filing a legal case and discovery. If you decide to pursue a legal claim, your attorney will formally file a legal case against the truck company, driver, or any other liable parties in the case. Once this is done, the discovery process will begin. This involves hiring expert witnesses, making requests for information, subpoenaing witnesses, and so forth. Depositions, or interviews under oath, are also often conducted with those who are relevant to the case. At this stage of the legal process, the Miami Lakes personal injury attorney is generally building up a strong case for their client.

3) Mediation. In many cases, trucking companies wish to reach a settlement rather than allow a case to go to trial. This is because trials usually result in negative publicity and can result in larger jury findings against the company. In order to start the settlement process, attorneys for both sides will usually take part in a mediation process with a third party. These nonbinding proceedings will allow each party to discuss the possibility of settlement. A settlement made in this manner may involve a monetary offer of compensation as well as promises by the truck company to make safety improvements.

4) Trial. If two parties in a lawsuit cannot reach an agreement, the case will usually go to trial. A jury will be selected and a trial date will be set. At any point before the trial date an out-of-court settlement may still be reached and mediation may still continue. In many cases, juries will award only damages or compensation to Miami Lakes truck accident victims. In most cases, juries will not make recommendations to the truck company to make safety changes.

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Understanding the Legal Process After a North Miami Beach Truck Accident

Published on: November 15, 2012 | By Flaxman Law Group

If you have been injured in a North Miami Beach truck accident, you may be confused by all the legal processes after the accident. After the accident, there may be two types of legal proceedings in your case: civil and criminal.

Criminal cases

Criminal proceedings in the case will occur if it is determined by authorities that the truck driver violated laws, causing the accident. If found guilty, the truck driver and truck company could face license suspension, jail time, as well as other repercussions. However, not all prosecutors aggressively pursue these types of cases. To ensure that the truck driver and truck company are held responsible for their actions, you may wish to contact the prosecutor yourself and work with an attorney to ensure that those responsible for the accident are held accountable. In some cases, you may be able to write a victim impact statement in order to help the judge determine whether to take action against the truck driver and truck company.

Civil cases

Many victims who have been injured in a North Miami Beach traffic accident also choose to pursue a civil legal case. A civil legal case seeks monetary reward or compensation for the injuries a victim has suffered in a North Miami Beach car accident or truck accident. In this type of case, the truck company, truck drivers, as well as many other liable parties can be held responsible for the costs and injuries incurred an accident. Whether criminal cases ever filed and whether that criminal case is won or lost, victims can pursue a civil case. The case can make it all the way to court, or a truck company and insurance company may decide to seek an out-of-court settlement. A settlement can also involve steps that the truck company or truck driver has to take in order to reduce the risk of future accidents.

If you have been injured in a North Miami Beach truck accident or have lost a loved one in a North Miami Beach truck accident, you may have legal case. You may be able to play a role in the criminal case or you may simply choose to pursue a civil case. Making a decision to pursue a legal claim is significant, and before you decide one way or the other it is a good idea to consult with a North Miami Beach personal injury attorney who is experienced with truck accident cases. An experienced attorney can tell you whether you have a case, can help you understand how much your case could be worth, and can help you understand your rights and options. Based on this information, you can make a decision that is right for you.

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Could Miami Gardens Truck Accidents Caused by Distracted Driving Be on the Increase at This Time of Year?

Published on: November 13, 2012 | By Flaxman Law Group

At this time of year, distracted driving can be a cause of concern — after all, at this time of year many people are especially busy trying to shop, visit family and friends, and take part in all the holiday festivities. Many workplaces are also extra busy during the holiday season, creating extra stress for employees. However, could the extra holiday rush mean more Miami Gardens truck accidents? It is possible for a couple of reasons:

1) The holiday season means more traffic – especially more truck traffic. During the holiday season, stores ramp up their retailing efforts, and this often means more inventory and more trucks required to bring holiday sale items or holiday decor items to stores. At the same time, there’s more traffic on the roads as holiday shoppers travel to stores and travel to holiday parties and events. The increase in traffic can mean more Miami Gardens car accidents and truck accidents on the roads.

2) Truck companies and truck drivers feel the pressure of the holidays too. The holiday season is a busy one for the trucking industry, as more stores demand more inventory in their stores and as more deliveries need to be made as customers order products and mail them to friends and family. The additional busyness can mean that truckers feel more pressure to deliver more products and more deliveries on time. Deadlines can be tighter at this time of year and drivers may feel more pressure to check their messages and work-related phones frequently. They may also feel more pressure to drive quickly and to deliver more in a shorter period of time in order to meet demand. This extra pressure can easily lead to a truck accident in cases where drivers are distracted from driving by the extra holiday rush.

3) The holiday season coincides with the flu season. Unfortunately, this time of year is not only the holiday season but also the flu season. When truck drivers get sick, they may feel pressured to keep driving and keep working in order to meet holiday demand. Having the flu or being sick can be extremely distracting, however, and can easily lead to Miami Gardens traffic accidents.

4) The holiday season can mean new routes for truck drivers. Truck drivers may need to deviate from regular routes during the holiday season in order to deal with new customers, new holiday demands, and new deliveries during the holiday season. Unfamiliar routes can be distracting for truck drivers, as they try to navigate unfamiliar streets and try to keep track of their routes and maps.

5) The holiday season can mean temporary or replacement truck drivers. Many trucking companies hire temporary drivers or seasonal drivers or take on new workers in order to meet holiday demand and in order to replace any drivers who are sick or unable to work due to family responsibilities. Unfortunately, replacement truck drivers may not be familiar with established routes. In addition, truck companies may feel pressure to hire and may do less screening of truck drivers if they feel pressure to hire more drivers during the holiday rush.

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Laws Aiming to Prevent Davie Trucking Accidents

Published on: November 8, 2012 | By Flaxman Law Group

Truck drivers and truck companies all have to abide by laws and regulations established by The Federal Motor Carrier Safety Administration (FMCSA), the Florida Department of Transportation (FDOT), and the Occupational Safety and Health Administration (OSHA). In addition to following the basic rules of the road that all motorists must abide by, commercial truck drivers must follow federal and state rules which govern:

1) Service hours. Laws require truck drivers to drive a limited time before resting. These laws are designed to help prevent Davie traffic accidents and Florida accidents caused by drivers falling asleep at the wheel. Unfortunately, truck drivers and companies often have a financial interest in driving further in a shorter period of time without breaks in order to meet deadlines. Truck drivers are expected to keep a log of their driving hours so that they can prove that they have taken adequate rest stops.

2) Rest hours. To prevent accidents caused by drowsy driving, truck drivers are expected to rest for specific periods of time between drives. They are also expected to get regular longer rests to stay alert. As with service hours, drivers must keep a log of their rest periods.

3) Load weights. There are weight limits of trucks for a number of reasons. Trucks that exceed certain weight limits can cause damage to roads and other infrastructure, making roadways less safe for other vehicles. In addition, trucks that are over their weight limit are harder for the driver to control and more likely to be an accident. Trucks with exceeded load limits also put extra pressure on brake systems, tires, and other systems, possibly leading to a Davie tire blowout or other incident that can lead to an accident.

4) Truck maintenance. Truck companies are responsible for ensuring that their fleet of trucks is regularly maintained. In addition, truck drivers are expected to check their trucks daily and before each trip, reporting or fixing any issues and keeping a log of the inspections. In some cases, drivers and companies may neglect maintenance due to time issues or in order to save money. When this happens and poor maintenance leads to an accident, the driver and company may be held liable.

5) Distracted and impaired driving. Florida laws do not currently ban motorists from texting and driving, but commercial truck drivers are not allowed to text and drive or to drive distracted. In addition, truck drivers are subject to drug and alcohol testing and face very strict rules about recklessness behind the wheel. If a truck driver causes a Davie car accident due to distracted or impaired driving, they may face stiffer penalties since the rules for commercial drivers are stricter.

6) Speed limits. Just like all motorists, truck drivers are expected to follow the speed limit. This is very important, since commercial truck drivers usually need to make deadlines and may have a financial incentive to speed and deliver a shipment by a specific date or time. When commercial truck drivers are caught exceeding the speed limit or cause an accident by speeding, they may face legal claims as well as loss of their license.

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Would Mobile Scales and Other Initiatives Prevent Miami Springs Trucking Crashes?

Published on: November 6, 2012 | By Flaxman Law Group

Law enforcement officials in Lycoming County, Pennsylvania have a newly equipped pick-up truck to help track down trucks with safety violations. The pick-up truck can travel to any roads where trucks with safety violations have been spotted. The truck is equipped with mobile scales and other equipment that can help detect trucks that are carrying more than their allowed weight or are guilty of other traffic violations. Could similar devices help prevent Miami Springs truck accidents, too?

The specially-equipped pick-up truck is impressive because it allows law enforcement officials to travel in order to find possible risky drivers and trucks. While there are scales along many roads, these stationary scales only catch those drivers who travel along those roads. If truck drivers take alternate or back roads, they may be able to elude the scales. With the new pick-up truck, law enforcement officials can find possible trucks in violation of safety codes and this makes it harder for trucks to evade the law.

Mobile scales may be important in preventing Miami Springs traffic accidents involving trucks because overweight trucks are a serious concern and a major cause of collisions. Heavier loads can cause extra pressure on brakes and tires, leading to Miami Springs tire blowouts, brake failure, and other incidents that can lead to accidents. Trucks that are over the maximum allowable weight are simply more likely to be in an accident and may cause serious Miami Springs head injuries, spinal cord injuries, and even fatalities.

While there are laws in place to prevent trucks from carrying more than the maximum allowable weight, enforcing these laws can be challenging. Scales located on highways are designed to help spot trucks who exceed weight limits. However, truck companies may have financial motive to add weight to their trucks – making one large shipment can be less expensive and less time-consuming than making multiple smaller shipments. In addition, sometimes honest mistakes lead to a truck being weighted down past allowed weight limits. Trucks who take back roads or less-used roads rather than highways with scales may not be weighed by traditional scales and their hazard may go by undetected. Mobile scales could help with this problem, some experts believe.

The specially-equipped truck is actually not much different than law enforcement officials having breathalyzer tests in cruisers to prevent Miami Springs drunk driving accidents. Both devices are designed to help ensure that drivers are meeting safety regulations and are taking the steps necessary to stay safe on the roads.

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