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

Who Can Prevent Florida Trucking Accidents?

Published on: November 15, 2010 | By Flaxman Law Group

Although heavy and medium-sized trucks account for only about 2% of all registered vehicles in this country, they account for 12% of fatal accidents on our highways. The statistics for Florida are also disturbing. Florida has high fatality rates for truck accidents and truck accidents are very common in the state, accounting for many Florida brain injuries, amputations, and other serious injuries as well as for deaths. There are many things that can be done to help reduce these accident rates:

1) Driver attention. Properly maintained trucks, once a day inspections, and well-trained drivers are an important part of preventing truck accidents in Florida. As well, when truck drivers follow at least four seconds behind the vehicle in front of them and ensure their load is correctly balanced and loaded, many Florida car accidents involving trucks can be prevented. Truck drivers who follow the rules of the road are less likely to be in an accident.

2) Less drunk driving. A survey of 900 Florida truck drivers revealed that most drivers believe that one out of five driver colleagues “regularly drive” under the influence of controlled substances such as cocaine, alcohol, speed, and marijuana. Preventing drunk driving accidents involving trucks should be a top priority.

3) Fewer incentives to drive when fatigued. When drivers are paid by the mile or are given bonuses for driving more in less time, there is a financial incentive to speed and to drive when fatigued. Fair, hourly wages and bonuses for safe driving records remove these incentives and instead provide incentives to drive safely.

4) Improve passenger vehicle awareness of truck safety. When motorists driving passenger vehicles drive carefully around trucks, stay out of truck blind spots, and give trucks extra room, they make the roads safer for everyone. Education campaigns to promote safe driving and enforcement of driving rules can help ensure that all motorists drive safely.

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Work-Related Florida Trucking Accidents

Published on: November 12, 2010 | By Flaxman Law Group

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

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

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

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

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

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Avoiding a Florida Truck Accident This Holiday Season

Published on: November 5, 2010 | By Flaxman Law Group

When a Florida truck accident involves a passenger car and a truck, the consequences are often catastrophic, especially for the occupants of the passenger car. Due to the size and force of a truck, passenger car occupants are often killed or suffer serious injuries in this type of collision. Unfortunately, during the holidays, the roads can be even riskier. There are more cars and trucks sharing the roads at this time of year, as consumers head out to complete holiday shopping lists and as retailers order more and more deliveries by truck to fill needs. Plus, many companies hire temporary and less experienced truck drivers at this time of year. More vehicles on the road, hectic schedules, and general holiday pressures can combine to create greater risks of Florida pedestrian accidents, truck accidents, and car accidents. Here’s how you can avoid a tragedy this year:

1) Avoid driving near trucks. It’s not always possible, but where you can, stay away from trucks on the roads. Many large, commercial trucks have multiple blind spots. If you are behind, to the side, or directly in front of a truck, the driver might not see you. Get out of a truck’s blind spots, passing on the left, where many trucks have fewer blind spots.

2) Be especially careful at night. Turn on your lights and give trucks even more room.

3) Be on the lookout for dangerous truck drivers. If you see a truck driver who is driving erratically, dangerously, or aggressively, try to note the registration number. Pull over to the side of the road to report the truck location, date, time, and road. If you can safely do this, you may be able to help prevent a serious Florida car accident involving a truck.

4) Be extra vigilant on ramps. Entrance ramps are tricky because commercial trucks take extra time to stop and slow down. If you need to enter a highway in front of a truck, make sure you have lots of room to do so.

5) Keep your car in good condition. Good brakes and tires, especially, can help you swerve or stop suddenly if you need to avoid a collision. Good maintenance is especially important at this time of year, when wet conditions can be a contributing factor to accidents.

6) Remain a good, vigilant driver. If it has been many years since your driver training course, consider a refresher defensive driving course. You may be amazed at how much more confident you feel behind the wheel. A refresher course can help ensure that you have the skills to potentially avoid a Florida trucking accident. As well, make sure you avoid alcohol and any distractions while driving. Unfortunately, Florida drunk driving accidents and distracted driving accidents are a problem during the holidays and throughout the year. Do not contribute to this problem.

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Lifestyle Factors That Can Affect Florida Truck Accident Risks

Published on: October 25, 2010 | By Flaxman Law Group

Certain lifestyle factors and life choices can increase your risk of a Florida car accident or truck accident. These lifestyle factors can also be very risky when they are shared by Florida truck drivers who are entrusted with large commercial vehicles:

1) Obesity. Obesity can lead to many health problems, including high blood pressure, type 2 diabetes, sleep apnea, and other serious conditions. Unfortunately, these conditions can also be sneaky. A truck driver may not realize that he has these conditions until symptoms begin to manifest themselves. If these symptoms show up suddenly on the road, the result could be a Florida pedestrian accident or truck accident.

2) Shift work. Unfortunately, many Florida truck drivers take shift work, working at unusual hours, in order to help companies meet deadlines. Shift work has been linked to sleep disorders, which can lead to fatigued driving and therefore to accidents.

3) Drinking and drug use. Florida drunk driving accidents are still far too common and drunk driving involving trucks is more likely to result is serious injuries and death. Although Florida drunk driving campaigns have been warning drivers of the dangers of drunk driving, however, drugs – even over the counter and prescription medications – can lead to drowsiness or other symptoms which can cause an accident.

4) Obsession with gadgets. It’s not a lifestyle choice, admittedly, but many of us are very much attached to our wireless devices or music. While there’s nothing wrong with that in general, wanting to stay plugged in behind the wheel of a car is dangerous. Many people have lost their lives in Florida trucking accidents caused by distracted drivers.

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Could Tax Laws Change the Number of Florida Truck Accidents?

Published on: October 22, 2010 | By Flaxman Law Group

According to a study completed by the University of Florida, deaths from car accidents, truck accidents, and other traffic accidents decrease an average of 11% in areas where alcohol taxes are introduced. The overall death rate decreases by 35%, while violence decreased by 2% and crime reduces by 1.4% after the introduction of such taxes. The results of the study, published in the American Journal of Public Health, have stirred debate about the role of alcohol in traffic deaths.

According to Alexander Wagenaar and his colleagues at the University of Florida, who authored the study, there is a direct correlation between the cost of alcohol and the rate of drinking. When alcohol prices increased by 10%, drinking rates decrease approximately 5%. According to the Florida study, the higher the taxes on alcohol, the lower the rates of injury, death, drug use, risky sexual behavior, drunk driving, traffic accidents, violence, and crime. In fact, only suicide rates seemed unaffected when it came to fatalities potentially affected by alcohol.

According to the study’s authors, about 85,000 fatalities in the US each year are alcohol-related. While Florida drunk driving accidents are an obvious problem, the new study seems to suggest that simply increasing the price of alcohol can have a significant impact on traffic accident rates. Taxation can also be a more cost-effective solution than awareness campaigns. Taxes on alcohol can help communities raise money, while ad campaigns often require money. As well, alcohol taxes do seem to have a significant and measurable impact on reduced traffic fatalities.

Although the study focused on preventing traffic deaths, it stands to reason that an increase in Florida alcohol taxes can also help reduce Florida personal injury rates stemming from Florida pedestrian accidents, truck accidents, and other traffic accidents. While many truck accidents result in fatalities, many also result in long-term or permanent injuries, such as spinal cord injuries, brain trauma, burn injuries, amputations, and other injuries. These injuries are devastating and can result in a devastated life. Reducing the number of Florida drunk driving accidents can help reduce these injuries as well.

Of course, companies selling alcohol products note that alcohol taxes hurt business. As well, many consumers oppose the idea of alcohol taxes, arguing that people who drink responsibly are forced to pay more because of a few people who do drink and drive. It’s a difficult debate. On the one hand, increasing prices can help prevent accidents. On the other hand, it can also hurt business and cost customers who do drink responsibly.

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Florida Trucking Accidents and Your Finances

Published on: October 20, 2010 | By Flaxman Law Group

Florida trucking accidents and car accidents cause deaths and considerable suffering every year, but they also have a severe impact on victims’ finances. Some experts believe that truck accidents cost more than twenty-four billion dollars annually in damages. Car and truck accidents involving a large commercial truck with two or three trailers average about $117,309 in damages per collision. These costs can include property loss and damage, pain and suffering, medical costs, and lost income as well as related expenses. While insurance is meant to help Florida traffic accident victims deal with the catastrophic costs of truck accidents, in many cases victims are unable to recover all the damages associated with their injuries. Some Florida car accident and truck accident victims face bankruptcy, reduced quality of life and even eviction or foreclosure of their homes due to the financial devastation of a truck accident.

There are many reasons why Florida truck accidents cause this type of financial devastation to insured victims. One reason is that insurance companies sometimes estimate the total costs associated with an injury. In some cases, insurance companies offer a low claims amount, based on immediate medical costs. However, Florida brain injury victims, spinal cord injury victims, and other injury victims may face a long lifetime of reduced earnings capacity as well as considerable medical bills.

As well, insurance companies sometimes underestimate the total costs involved with an injury. For example, they may pay for car damage, immediate medical costs and immediate lost wages without paying for medical devices, long term treatment or specialty treatment. A Florida burn injury victim, for example, may need counseling, a series of expensive skin grafts, and other rehabilitative treatments. However, an insurance carrier may only agree to pay for basic doctor’s visits.

Due to this problem, it is very important for Florida truck accident victims to speak with a good Florida personal injury attorney soon after the accident. Once statements and insurance papers are signed and once a claim amount has been given, it may be too late to pursue a fairer settlement that covers all medical expenses, which is why it is important to contact an attorney first. An initial consultation with a good attorney can at least give a patient a sense of their rights and options.

Another common problem that affects Florida truck accident victims is the amount of time it can take in order to recover damages for an accident. After a Florida truck accident, a patient may immediately face lost income as well as substantial expenses. However, the claims process can take a long time. While waiting for the insurance money, a patient may be facing severe financial stresses. In some cases, insurance companies promise quick payment in exchange for the patient agreeing to a low claims amount. This places the patient in a difficult position: They can have some much-needed money immediately but may still face many tens of thousands of dollars in costs out of pocket.

A good Florida personal injury attorney can help with this, as well. A good attorney can pursue a case aggressively, to make sure that the injured plaintiff gets as much damages covered as possible. A good attorney can also advise a plaintiff who is in financial distress and offer advice about ways to survive financially while a legal claim works its way through the courts.

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The Law and Florida Truck Accidents

Published on: October 18, 2010 | By Flaxman Law Group

If you have been in a Florida car accident involving a truck, legal issues may initially be the furthest thing from your mind. Initially after a traffic accident, your main priority is generally to get medical attention and to contact your loved ones and your insurance provider. However, Florida laws very much affect how your accident case and claim will proceed. There are many pieces of legislation that can affect every aspect of your case:

1) Federal regulations regarding evidence. Under federal rules, commercial trucking companies and carriers must keep evidence related to drivers and their performance – evidence such as driver logs, for example. However, carriers only need to keep this evidence for a specific period of time, after which time they can destroy it. This is one reason why it is so important to work with a Florida personal injury attorney if you have been in a Florida trucking accident. An attorney can secure a court order or take other steps to ensure that evidence is preserved.

2) Regulations regarding insurance. Every Florida driver needs to have, at minimum, liability insurance to drive a car. Commercial trucks are required to have even more insurance in order to protect any victims in a Florida truck accident. The exact amount of insurance a truck company must carry depends on the materials being transported. Trucking companies responsible for carrying hazardous materials, for example, must generally carry far more insurance than companies hauling safer items.

3) Laws regarding liability. In order to recover money for lost wages, wrongful death, pain and suffering, property damages, medical expenses, and other costs, Florida car accident and truck accident victims generally need to show that a driver or truck company acted negligently in some manner and this negligence led to the accident. Obviously, proving negligence can be challenging without the assistance of a good Florida personal injury attorney. Florida personal injury attorneys have access to private investigators and other experts who can carefully research and investigate all the causes of an accident, with an eye to establishing liability.

4) Florida rules regarding damages. In order to recover damages, a Florida personal injury plaintiff must show that he or she has suffered damages. In some cases, it is very easy to establish this. For example, if the victim is a Florida spinal cord injury patient or has sustained serious burn injuries or other types of injuries, proving damages can be simple. However, some types of damages – such as psychological trauma, for example, or whiplash, are not so easy to establish because no conclusive tests exist for these conditions. As well, establishing the total costs for an injury can be difficult and a matter of negotiations, especially if an insurance carrier insists that the claim amount should be modest. A good Florida personal injury attorney can help protect a Florida traffic accident victim in these circumstances.

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When You Need to Run for an Attorney After a Florida Truck Accident

Published on: October 15, 2010 | By Flaxman Law Group

If you have been in a Florida truck accident that has resulted only in a fender bender, you can often handle the claim through your insurance provider. However, most Florida car accidents involving a truck do not end so happily. Many serious Florida brain injuries, amputations, fatalities, spinal cord injuries, and other serious injuries occur each year as a result of truck accidents. There are many reasons besides these why you may wish to see a Florida personal injury attorney immediately:

1) Someone has been injured in the accident. If you or a passenger have sustained a serious or permanent injury, you need to speak to a qualified Florida personal injury attorney at once. Florida spinal cord injuries, burn injuries, brain injuries, and other serious injuries caused by truck accidents can be very costly to treat and most insurance policies only cover a fraction of the total costs over time. It is important to speak to a good attorney to protect your financial future.

2) You have lost significant time away from work or other duties due to the accident. With lost income, you may need to go into debt or face financial hardship due to the accident. Some people even find themselves facing bankruptcy or foreclosure after a serious Florida pedestrian accident, car accident, or truck accident. A good attorney can ensure that you are compensated for the income you have lost.

3) Fault and liability are an issue. If you are being accused of causing the accident or if it looks as though your claim amount may be reduced due to liability issues, it is important to consult with an experienced Florida personal injury attorney. If a police report suggests that you are at fault or contains errors or inaccuracies, it is also vital to speak to a Florida lawyer. A good attorney can ensure that your rights are protected.

4) The accident was complex. If pedestrians or multiple cars are involved in a Florida car accident, liability issues and damages become more complicated. In this case, it is often best to work with a Florida truck accident attorney who has extensive experience in examining the details of complicated accidents.

5) If the accident involves a government vehicle or takes place in a construction site. These situations are legally more complex. Government employees are protected and it may be harder for you to recover all the damages needed for your medical bills, for example, if you are involved in an accident with a government truck. Construction site accidents are also more complex because determining liability in these cases is often challenging.

6) You start to have insurance problems. You rely on your insurance to protect you in the event of an accident. However, if after your accident you find that your liability coverage is too low or if your insurance companies claims you are not covered, it is time to speak with a qualified attorney. Similarly, if your insurance provider stops taking your calls or starts to act unusual or has you speak with the insurer’s attorney, it is imperative to involve a very good Florida personal injury attorney on your behalf. Insurance problems can be very costly and often a good attorney can better resolve these issues.

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Florida Truck Accidents and Structured Settlement Laws

Published on: October 13, 2010 | By Flaxman Law Group

If you have been in a Florida truck accident or other type of traffic accident and have worked with a Florida personal injury attorney to settle your claim, your claim amount may be significant. In fact, many Florida car accidents involving trucks involve serious Florida brain injuries, burn injuries, and even wrongful death claims. As a result, the settlements in these cases can be quite large. If you are expecting a larger settlement in your Florida truck accident case, you may wish to establish a structured settlement plan. A structured settlement means that you will receive your settlement amount in regular installments rather than in one lump sum. This can have several advantages in a Florida truck accident case:

1) Tax benefits. You may be able to set up a structured settlement in your case so that you pay less taxes or even no taxes. Even if your settlement amount is significant, you will of course want to use all of it to recover from your injury, so the less you need to pay in taxes, the more effectively you can use the funds.

2) Money protection. By receiving money gradually, you can be sure that you will have the financial resources in place when you need them. If you are not used to receiving and managing larger amounts of money, a structured settlement can be financially safer.

3) A good asset. You can use a structured settlement just like any asset. It is possible to sell your structured settlement, for example, in order to earn more money for larger purchases. You will need to contact a Florida attorney first, however, to learn about current laws affecting the sale of your structured settlement.

Of course, there are some disadvantages to structured settlements. You may need more money initially to pay for costs and a structured settlement leaves less flexibility in how you will invest your money. You also do not have the option of investing a lump sum settlement in order to make more money.

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If You’ve Been in a Florida Truck Accident, Are You Covered for Your Injuries?

Published on: October 11, 2010 | By Flaxman Law Group

If you have been in a Florida car accident or pedestrian accident involving a truck, you likely will need to make a claim on your insurance policy. Most Florida truck accidents result in serious damage as well as costly medical expenses. For example, Florida spinal cord injuries, brain injuries, and other serious injuries are a common result of truck accidents. Once you have received basic medical attention, you will need to file a claim with your insurance provider at the earlier possible opportunity. You will also want to look at your insurance policy to understand what you are covered for. Your insurance policy may include coverage such as:

1) Liability coverage. In Florida, liability insurance is required to drive a car. This type of insurance covers the personal injury costs and property damage that occurs to others if you have been in a car accident. This insurance may also cover your legal costs. If your liability insurance does not cover the injuries and damages that others have sustained in a car accident, you may face legal action, especially if it can be proven that you are at fault.

2) Collision coverage. This insurance covers the damage which occurs to your vehicle in the event of an accident. This coverage will be paid out, regardless of who was at fault in the accident. If you have a deductible, you will need to pay that and the insurance provider will pay for the rest of the repair costs to your car. Many Florida trucking accidents, however, result in total destruction of a car. If your car is a complete loss, you will receive the cash value of the car.

3) Comprehensive coverage. This type of insurance usually covers damage which can occur due to vandalism, theft, weather, and fire. You will pay the deductible and the insurance company will pay the cash value of your car or the costs to repair your car. If you have been in a Florida truck accident, you will often not need to worry about comprehensive coverage.

4) Medical payments coverage. This coverage pays (regardless of fault) the medical bills of your passengers and yourself. If you receive payment from the other driver in the car, you will need to repay these benefits.

5) Personal injury protection (PIP) and No-Fault coverage. These optional and additional features of your insurance policy may cover additional medical costs as well as lost income and related expenses of your car accident.

6) Uninsured and underinsured driver coverage. This insurance protects you in the event that you are in an accident with a driver who does not have the legally required liability insurance or does not have enough insurance to cover your injuries. If you have this insurance coverage, your own insurance company will pay for your injuries and damages.

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