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

Rules Protect You in a Homestead Semi-Truck Accident

Published on: February 21, 2012 | By Flaxman Law Group

A Homestead semi-truck accident generally involves a company (the truck carrier) and the powerful insurance companies that protect them. This means that after a Homestead car accident involving a semi-truck, one of the first things that happens is that the truck driver contacts his or her employer to tell them about the accident. The employer then notifies the insurance company, who immediately sends out an attorney and accident reconstructionist to the accident scene. In some cases, these insurance professionals are on the scene before the injury victim even knows who has hit them and before the injury victim has secured medical help. The insurance company steps in immediately to protect its interests and the interests of its client.

In many cases, Homestead personal injury victims do not even seek the help of an attorney after their traffic accident. They assume that insurance will take care of the costs related to their injuries. However, insurance companies are looking for ways to save money and settle claims quickly. As a result, insurance carriers rarely pay out the full amount of a claim cost. Any long-term medical care, especially, may not be fully covered, leaving the victim to pay these expenses out of pocket. For this reason, it is important to consult with a qualified Homestead personal injury attorney as soon as possible after a traffic accident, especially after any accident involving a commercial vehicle, such as a semi.

Even if a Homestead traffic accident victim does consult with a personal injury attorney, by the time the consultation does occur, the defense has been mounting a case and working to protect the interests of the truck carrier and truck driver. There is usually a rehearsed and prepared account of what has happened and in many cases some of the evidence is no longer available to the personal injury attorney. For this reason, it is also important to consult with a truck accident attorney as soon as possible after an accident, so that log books and other evidence can be secured.

Despite these challenges, however, truck accident victims do have some rules and regulations protecting them. Florida laws, for example, allow victims to seek legal claims in Homestead traffic accidents that have been caused by recklessness or negligence. In these cases, victims can get compensation for medical expenses, property damage, lost income, and other costs related to the accident. This compensation can give the victim the financial resources needed to get the help they need to get back on their feet after an accident.
In addition, Federal Motor Carrier Safety Regulations have a number of rules in place to protect the public. These rules govern how many hours tractor trailer truck drivers can drive before resting and dictate how many hours of sleep commercial truck drivers are required to have. In addition, drivers are required to keep log books that keep track of hours driven and rests taken. In a Homestead truck accident case, these logbooks become very important and can help an attorney determine whether a truck driver took unnecessary risks or shortcuts.

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Florida Highway Patrol Announcement Aims to Curb Miami Truck Accidents

Published on: February 18, 2012 | By Flaxman Law Group

The Florida Highway Patrol (FHP) has announced a new initiative that will take place at the end of February. The Florida Highway Patrol will target aggressive and dangerous drivers between February 27 and February 29, citing drivers who speed, change lanes unsafely, or tailgate. According to the Florida Highway Patrol, this initiative is taking place because the FHP has found that 88% of Florida traffic collisions are caused by driver error or driver negligence while only 12% are caused by roads, weather, or car defects.

Between February 27 and February 29, the FHP will have a zero tolerance policy towards any unsafe driving. In addition, the organization will work closely with the Florida Trucking Association to educate the public about sharing the road. The FHP hopes that the initiative will raise awareness about aggressive driving and hopes that the initiative will reduce Miami car accidents as well as truck accidents and traffic accidents across the state.

There are many reasons why aggressive driving is such a concern that the Florida Highway Patrol is cracking down on it:

1) Aggressive driving can breed road rage and more aggressive driving. When one driver drives aggressively, it can spark many instances of road rage, as other drivers react to the oppression. This can lead to a chain of events leading to a Miami car accident or truck accident.

2) Aggressive driving is distracted driving. Numerous studies have been done showing that distracted driving can be as dangerous as drunk driving. However, while numerous initiatives have helped show motorists how dangerous Miami drunk driving can be, motorists are still learning about the dangers of distracted driving. When a driver is angry and aggressive behind the wheel, he or she is not focused solely on the road, and this can easily lead to a Miami pedestrian accident or car accident.

3) Aggressive driving can increase the risk of Miami traffic accidents. Motorists who are driving aggressively often make mistakes or take chances which can lead to a Miami car accident or truck accident. Studies have shown that many traffic accidents overall are caused by driver error, and drivers are more likely to make errors when they are distracted or driving aggressively.

If you have been injured in a Miami car accident caused by an aggressive a reckless driver, Florida law does protect you. In these cases, you may be able to recover for the cost of your medical expenses, property damage, lost income, and other costs related to the accident. However, it often takes a qualified Miami personal injury attorney in order to negotiate with your insurance carrier and in order to pursue your claim aggressively, ensuring that you don’t have to pay for the cost of someone else’s reckless driving out of your own pocket.

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Hazardous Spills After Hollywood Car Accidents

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

Florida does not keep records about how many trucks carry dangerous cargo, but does keep track of the chemicals and hazardous materials which are permitted on trucks. These include pesticides, explosives, radioactive materials, fertilizers, toxic gases, rocket fuels, and other hazardous products. The federal government has a number of rules in place designed to make the transport of these types of materials safer.

Under federal rules, drivers carrying dangerous materials in their trucks are subject to many rules and such drivers must have special licenses to haul hazardous materials. Drivers are required to post placards on their trucks, indicating the type of materials they are hauling and the hazards they pose. Drivers must also follow certain guidelines to ensure that dangerous cargo is loaded correctly. Drivers must further carry paperwork detailing their cargo. In the event of an accident, this paperwork is meant to help emergency responders assess the danger and order the correct treatment for anyone affected by the accident.

Across the US, there were 2,518 truck accidents involving hazardous cargo in 2010. These resulted in 34 injuries, nine deaths and almost $80 million in damages. That same year, there were 6800 incidents involving hazardous material that occurred specifically when trucks were loaded or unloaded. These types of truck accidents are devastating and can occur in any community, including Hollywood. Trucks are routinely used to transport hazardous materials and chemicals. Any Hollywood car accident involving a truck can involve a truck carrying a dangerous and even unstable substance. If you are in this type of accident, the injuries that you suffer can be especially severe and even life-threatening.

Hollywood truck accidents involving a truck carrying hazardous materials are considered extremely high risk. In many cases, emergency responders cannot get close enough to a truck to determine what type of hazardous material is inside. Federal regulations also do not require trucks carrying less than 119 gallons or 1,000 pounds to have any special signage, so that in some cases there is the risk for a toxic spill but emergency responders have no way of knowing that.

These types of Hollywood truck accidents are also high risk because they can affect a large area. A truck that spills its hazardous cargo could explode, causing flying debris to injure bystanders far away. Spills can also damage the roads or cause noxious fumes that can harm people living in nearby homes. In some cases, they can cause Hollywood burn injuries and other serious injuries. The number of victims in these types of Hollywood traffic accidents can be substantial, since the area affected by the accident can be quite large. A chemical spill involving a dangerous gas, for example, can affect thousands of people living in the area.

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Early-Morning Miami Gardens Truck Accident

Published on: February 7, 2012 | By Flaxman Law Group

According to news reports, Joe Amunategui was involved in an early-morning Miami Gardens truck accident when an 18-wheeler hit his car on Northwest 27th Avenue. According to Amunategui, the driver of the truck drove over part of his car and spun his vehicle into a wall. The truck driver then kept going and an officer who was at the scene assisted by calling for emergency personnel. The accident is still under investigation.

Unfortunately, the accident is not an isolated one. Many Miami Gardens car accidents and truck accidents are hit and run accidents, with one driver failing to stop at the scene of a crime. There are many reasons why drivers fail to stop at the scene of a Miami Gardens traffic accident, according to experts. Drivers may be under the influence of drugs or may be engaging in some other illegal activity and may be wary of getting caught. They may also not want to face police for other reasons. In some cases, drivers panic and leave the scene of a crime.

Unfortunately, hit and run Miami Gardens traffic accidents are a serious and all-too-common concern. When drivers fail to stop, they break the law. They also make it harder for victims at the scene of get appropriate help. In this case, Amunategui was fortunate that he remained conscious and that a police officer was nearby to help. However, in a serious Miami Gardens pedestrian accident or traffic accident, the victim may be too injured to call for help and there may not be anyone nearby to call for assistance. In these cases, the victim may die from injuries if the other motorist does not stop to offer help. In addition, not stopping to exchange contact information can make it harder for a victim to get compensation for any injuries, since no insurance information is exchanged.

Hit and run truck accidents can be especially difficult to investigate, as well. A truck may be rented by one company to another, and may be carrying cargo for a third party. In many cases, the truck may be from outside of Florida or even out of state. Finding the truck can be extremely challenging, especially if the victim does not get a clear description of the vehicle.

Even if a truck involved in a hit-and-run is found, it can be challenging to establish liability. In hit and run cases, the driver is often held liable. However, a truck company’s policies may contribute to the accident if the company failed to screen or train the driver adequately. The company may therefore be held liable as well. In many cases, it takes a qualified Miami Gardens personal injury attorney to investigate a hit and run accident and to determine liability.

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How Much of a Concern are Miami Beach Truck Accidents Caused by Drugged Drivers?

Published on: February 2, 2012 | By Flaxman Law Group

There is some dispute about how many US and Miami Beach truck accidents may be caused by truck drivers who use illegal, prescription, and over-the-counter drugs that may impair their driving. Some investigative reports and former truckers claim that drug use is a wide-spread problem in the trucking industry. Some allege that tight deadlines and long hours make drivers reliant on drugs in order to meet work deadlines. They also note that the challenges drivers face often affect their health and compel them to use prescription and over-the-counter drugs while on the road.

Other trucking industry experts note that drug use is not a large problem. They note that truck drivers have much safer driving records than average passenger car drivers. They also note that truck drivers are subject to random drug testing to ensure that they are drug-free. Some point out that passenger car drivers are more likely to cause Miami Beach drunk driving accidents and car accidents because these checks are not in place for passenger car drivers. The Transportation Department also notes that truck accident deaths have been declining – and that driver error is the most common cause of commercial truck accidents.

Some investigations suggest that drug testing alone may not be enough. A 2007 investigation by the Government Accountability Office (GAO) found that 75 percent of drug testing sites did not remove items that could be used to alter drug specimens. Undercover officers for the GAO were also able to purchase online products that hide drug use and were able to add them to urine samples at the testing sites without being caught.

Possibly as a result of testing challenges, it is difficult for experts to note how many truck drivers are using illegal or restricted drugs on the road. According to the Department of Transportation (DOT), in 2007 less than 2% of randomly tested truck drivers tested positive for controlled drugs. However, when Oregon started testing truck drivers on its roads randomly on its own, it found that 9% of commercial truck drivers failed a random drug test.

Whatever the exact rates of drug test failures are, there is no doubt that any drug use by commercial truckers can – and does — lead to fatalities and serious injuries. Drivers who are impaired and make errors that lead to Miami Beach car accidents, which in turn lead to brain injuries, amputations, spinal cord injuries, and other serious injuries. No matter what efforts have been made so far in reducing the use of controlled substances among commercial truck drivers, more needs to be done to prevent accidents caused by this problem.

If you have been in a Miami Beach truck accident that you think may be caused by an impaired driver, you may want to contact an experienced Miami Beach personal injury attorney. Commercial truck accidents are already complicated due to the multiple parties involved, but proving impairment can be even more challenging. A qualified Miami Beach personal injury attorney can advise you of your rights and options so that you do not have to face the aftermath of your accident by yourself.

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Speed Limits and Miami Shores Truck Accidents

Published on: January 26, 2012 | By Flaxman Law Group

Speed-related Miami Shores car accidents and truck accidents are an especial concern. High-speed traffic accidents are more likely to cause fatalities and serious injuries, including brain injuries, burn injuries, and spinal cord injuries. This is because the force of a collision is considerably greater when a vehicle is speeding. When a higher-speed Miami Shores truck accident occurs involving a car and truck, the results can be even more devastating. Since the force of the truck is already so much greater than that of the smaller passenger vehicle, when speed is a factor it is even more likely that the occupants of the passenger vehicle will be seriously injured.

To reduce the risks of accidents such as these, many suggestions have been made to reduce speeding on roads and to make sharing the road safer. In 1987, a federal law was passed, for example, which allowed states to increase highway speed limits on rural interstate highways. At the time, the highways had speed limits of 55 mph and states were permitted to raise the speed limits to 65 mph. A few states decided to post different speed limits on these highways for trucks and different speed limits for cars – but does this make highways safer?

Speed limits on roadways are based on the idea of the 85th percentile. While many people assume that slower speed limits are safest, some research has shown that the safest speed is the one at which the majority (or about 85%) of traffic moves. Some studies have shown that when speed limits are posted lower or higher than what most drivers are driving, some drivers speed to reflect the speed at which they feel they should be driving while other drivers drive at the posted speed limit. This creates two sets of speeds, and this can cause reckless driving, tailgating, and other situations which lead to traffic accidents.

When trucks and cars share the road, therefore, some experts believe that both trucks and cars should travel at the same pace to prevent accidents. However, there are some issues with this. Some Miami Shores traffic accidents, for example, are caused because in many cases trucks and cars cannot travel at the same speed. Trucks may need to slow down and stop more often if they are making deliveries. Commercial big rig trucks also need to start slowing down much sooner than passenger cars do, as it takes longer for tractor trailers to brake. This can cause shifts in speed which, according to the 85th percentile idea, are unsafe.

There are other issues, too, which affect safe speed limits and trucks. A 2006 study at the University of Arkansas found that trucks that travel at lower speeds actually may be safer since they can maneuver and brake more easily than trucks which are going faster. Rather than supporting the 85th percentile idea, which suggests that uniform speed is best, the study found that a slower speed for trucks may be best – even when other vehicles are going faster.

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What a North Miami Personal Injury Attorney Looks at After a Truck Accident

Published on: January 24, 2012 | By Flaxman Law Group

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.

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Stopped Trucks Can Still Cause Miami Gardens Truck Accidents

Published on: January 19, 2012 | By Flaxman Law Group

When most drivers think of Miami Gardens car accidents involving a truck, they imagine a truck barreling down a highway and colliding with a car. However, in many cases a Miami Gardens truck accident involves a truck that is parked on the side of the road. These types of accidents can still cause serious injuries and fatalities and they are very preventable.

Most commercial tractor trailers need to make frequent stops, including stops on the shoulder of a roadway or highway. In some cases, it is safer to pull over than to keep driving. If a commercial truck driver is not feeling well, for example, or needs to check directions, it is safer to pull over than to keep going. When a truck malfunctions, the driver may simply have no choice about stopping. In some cases, commercial truck drivers also pull off to the side of the road in order to make a delivery or to rest in areas where no other spaces for resting are provided.

Unfortunately, a large tractor trailer pulled over on the side of the road can be a hazard. A large truck can partially obstruct the outside lane, and any car traveling along that outside lane can collide with the truck and cause a serious Miami Gardens truck accident if the passenger car driver does not notice the truck in time. Along winding roads and in the dark, it can be especially difficult to spot a truck stopped by the side of the road. A number of Miami Gardens personal injury cases have been launched after the devastating impact of just this type of accident.

According to Federal Motor Carrier Safety Regulations, when a tractor trailer is stopped on a highway or highway shoulder, the driver is mandated to follow some measures to ensure that oncoming cars are aware of the danger. That is, drivers are expected to use warning devices, such as hazard warring flares, fuses, or other warning devices to ensure that oncoming traffic can see the truck. If a driver fails to take these precautions and a Miami Gardens traffic accident takes place as a result, the driver of the truck may be held liable for not taking the proper precautions and for being illegally parked on the side of the road. In some cases, the truck carrier may also be held partly liable if the driver is not given adequate warning devices for this situation or is not trained in the use of such devices.

In this type of Miami Gardens traffic accident, the results can be devastating, especially if the accident occurs on a highway, where speed limits are higher. A motorist traveling unsuspectingly along a highway may not be able to slow down or swerve in time to avoid a truck that is illegally parked on the side of the road. In many cases, the motorist hits the truck head-on at high speeds. Brain injuries, spinal cord injuries, and fatalities are the common outcome of this type of accident, in part due to the high speed involved.

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After a Fort Lauderdale Truck Accident: Evaluating Liability

Published on: January 17, 2012 | By Flaxman Law Group

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.

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Cargo Shifts and Deerfield Beach Truck Accidents

Published on: January 12, 2012 | By Flaxman Law Group

According to the Federal Motor Carrier Safety Administration (FMCSA) Large Truck Crash Causation Study (LTCCS), cargo shifts are one of the most dangerous causes of truck accidents. Although they are not common occurrences, when cargo shifts do occur, they are very likely to cause a serious accident. In Deerfield Beach, traffic accidents caused by cargo shifts are likely to cause fatalities and serious injuries.

To understand why cargo shifts and resulting Deerfield Beach truck accidents take place, it is important to understand tractor-trailers. These larger commercial trucks have very high chassis, making the truck more likely to roll over and making stability essential. The cargo is the heaviest part of the truck, but the ability of the truck to stop, maneuver, and speed up is in the tires. When a truck attempts to move, the force of the move must be transferred through the truck, from the ground to the load. When a load is not carefully balanced, a Deerfield Beach rollover accident or cargo shift is the likely result.

In addition to incorrectly balanced loads, incorrectly secured loads are another common reason for cargo shifts. In a larger commercial truck, cargo needs to be very securely tied down or secured to prevent shifting. In some cases, loads are naturally more difficult to secure. For example, liquid loads naturally shift and move during transport. In these cases, special tanker trucks need to be used to ensure that the load shift does not lead to an accident.

Truck drivers are primarily responsible for a cargo load. They are expected to inspect the cargo during the trip and before the trip to ensure that it is safe. However, in a Deerfield Beach truck accident caused by shifting cargo, there may be multiple liable parties. For example, trucking companies are expected to properly train drivers so that drivers can inspect cargo correctly. In addition, loaders are expected to load and secure cargo correctly.

If you have been in a Deerfield Beach truck accident that you believe may have been caused by a cargo problem, it is important to consult with a qualified Deerfield Beach personal injury attorney. In many cases, where a commercial truck is involved in an accident, truck carriers have access to powerful insurance companies as well as teams of attorneys to represent them. You will need a qualified personal injury attorney who can investigate the accident, find all liable parties, and safeguard your rights.

Even in cases where a Deerfield Beach traffic accident seems fairly straightforward, where commercial entity is involved, the case may be more complex than you realize. Even simply finding all liable parties can be very important. For example, if a Deerfield Beach personal injury attorney is able to find multiple liable parties in your case, you can drastically improve your chances of getting a fair settlement that covers more of your medical costs, lost income, and other expenses. As well, a good attorney can help safeguard your rights and can ensure you do not sign away your rights when making an insurance claim.

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