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

Truck Crashes May Have a Higher Risk of Hazardous Material Spills

Published on: April 22, 2014 | By Flaxman Law Group

According to a recent study out of Pennsylvania’s Department of Public Safety, accidents involving hazardous cargo are more likely to be trucking accidents rather than train accidents. In that state, there have been 88 railroad collisions and accidents since 2001, and none have involved dangerous cargo. In the past ten years, however, there have been 271 trucking accidents involving dangerous cargo.

If we consider that Florida may have similar numbers, it could suggest that you are more likely to be affected by a dangerous cargo trucking accident in Miami or another community when compared to your risk of a train accident.

In Florida, as in other states, trucks and trains are used to transport a variety of dangerous goods, including:

•Gas
•Oil
•Chlorine
•Petroleum-based products
•Toluene
•Anhydrous ammonia
•Hazardous chemicals
•Sulfuric acid
•Flammable liquids
In the event of a trucking accident, these substances can spill, causing wide-spread environmental disaster, evacuation of an entire area, and fires or explosions. Of course, trucks carrying dangerous cargo are expected to be properly labeled and truck drivers as well as trucking companies transporting dangerous goods are required to take additional precautions when transporting cargo that has the potential for fires, toxic fumes, and other dangers.

Despite these precautions, however, trucking disasters that lead to dangerous spills and explosions are still more common than train disasters involving hazardous cargo. Part of the reason, according to the American Association of Railroads, is that trains carrying hazardous cargo can be sent along more secure and safer rail lines. In contrast, trucks carrying hazardous cargo share the same road as passenger cars. In the event of a collision or spill, these trucks are in immediate vicinity of homes, businesses, pedestrians, and other drivers. If an explosion or dangerous spill happens, hundreds or thousands of people can be affected.

According to national statistics, the country sees over 2.2 billion tons of dangerous materials shipped each year. The volume of cargo shipped by train has doubled since 1980, but the number of train accidents involving dangerous cargo has dropped 90% since 2001.

You don’t even have to be in a trucking accident or train accident in Miami or another community in order to be affected by dangerous cargo. You could be affected simply by being in the area when a spill, explosion, or accident occurs. You could be evaluated from your home or your health may be compromised by exposure to toxic materials.

Treatment for exposure to dangerous chemicals can be very expensive. It is very important for this reason to ensure that you get legal advice about how much your case may be worth and advice about all your options for compensation. Pursuing fair compensation now is important to ensure that you don’t face eviction, bankruptcy, and other financial losses down the road if your claim is undervalued. Knowing how much your case may be worth puts you in a position to negotiate with your insurance carrier and allows you to evaluate insurance offers with a fresh eye. If you have been affected by dangerous cargo, contact a personal injury attorney in Miami or your community right away to find out how to protect yourself financially.

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Toxic Exposure After Trucking Accidents in Hollywood and Other Cities

Published on: April 17, 2014 | By Flaxman Law Group

Trucking accidents in Hollywood and other cities can cause serious injuries by the impact alone. The size and force of a big rig or tractor trailer crashing into a passenger vehicle can cause an impact that causes injuries such as head trauma, fractures, paralysis, and other injuries.

However, victims in trucking and car collisions in Hollywood and other cities don’t just have to worry about the impact themselves. If a truck is carrying hazardous materials, the impact can cause a dangerous spill that results in toxic materials exposure for other drivers, the truck driver, and bystanders in the area. In some cases, spills of dangerous chemicals from a trucking accident can cause an environmental disaster, requiring evacuation of an entire area.

Trucks are used to transport dangerous materials, chemicals and even biohazards substances from factories, hospitals, and other destinations. In the event of a crash, these substances can cause:

•Spills
•Toxic fumes and vapors
•Fires and burns
•Explosions
•Property damage
•Environmental hazards
In the event of a trucking accidents involving dangerous cargo, seconds matter. The initial impact can cause not only injuries but also a spill or explosion that can expose hundreds or even thousands of nearby residents to danger. In these cases, it is vital for emergency responders to know the nature of the spill or dangerous cargo so that they can respond promptly to evacuate the area, deal with the subsequent fire, or otherwise act to keep everyone safe.

Sometimes, cargo issues can contribute to the dangers involved in these types of crashes. In many cases, for example, it is important for the cargo to be properly labeled. When it is not, emergency responders may not know what steps to take after a collision to keep everyone safe. In addition to proper labeling, it is important for hazardous cargo to be loaded correctly. Overweight and overloaded trucks in Hollywood and other communities are always dangerous, but never more so than when the trucks are carrying dangerous substances. Overweight trucks and incorrectly loaded tractor trailers are prone to rollovers, braking failure, and other types of collisions. With toxic or flammable materials onboard, these collisions can turn even more deadly.

Even if you have not been directly impacted by a trucking accident, dangerous cargo may force you to close your business and lose income. In some cases, it can cause you respiratory issues or other health problems. If you have been affected by dangerous cargo, even if you were not directly involved in a traffic accident, you may have a legal claim.

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How Will You Pay for the Injuries Sustained in Your Trucking Collision?

Published on: April 15, 2014 | By Flaxman Law Group

Unexpected medical expenses are the leading cause of personal bankruptcy across the country, according to some studies. Even motorists who have excellent medical coverage and car insurance often find themselves paying substantial amounts out-of-pocket after a serious car or truck crash in Homestead or their community.

There are a number of reasons why a serious truck or car collision in Homestead or another Florida community could mean serious financial distress:

•Insurance companies are in the business of making money. They want to settle claims inexpensively and fast, and this can mean that victims do not get the compensation they need to pay for their injuries.

•The medical reality of a serious injury is that symptoms may not show up right away. A motorist may walk away from a traffic collision in Homestead or another city feeling fine only to develop symptoms a few hours, days, or even weeks after the accident. Unfortunately, by that time they may have accepted insurance money and signed away their rights or may have a hard time convincing insurers that the injury was due to the accident.

•Many motorists have high deductibles. It’s no secret: insurance premiums are expensive. After an accident, though, having a high deductible can mean struggling to pay that amount.

•PIP laws in Homestead and Florida limit how much money you can claim through car insurance. Florida is a no-fault state, and while this means that there may be less dispute initially about who has caused an accident it also means that there are caps on how much a passenger can claim in medical expenses – and those caps do not cover the costs of getting medical care for a catastrophic injury.

•Traffic accident injuries are very expensive – and medical costs are only increasing. Diagnostic imaging can cost thousands of dollars, and hospital stays can end up costing tens of thousands or even more. A spinal cord injury patient in Homestead or Florida can expect to pay $100 000 in the first year of treatment alone, if the injury was serious.

•There are many incidental expenses after a traffic accident. Many insurers undervalue claims, in part because they count immediate and likely costs, such as time lost at work and expected medical expenses. If there is a complication or if an injury ends up being more serious than initially though (which is quite common), the actual amount a patient may need to spend may end up being much larger than the insurance benefits received. In addition, insurers often do not consider the incidental costs related to an injury. The costs of making a home accessible, for example, or the costs of taking taxis to doctors’ appointments can really add up and may not be covered.

Unless a patient has substantial savings, the expenses of a serious injury can be devastating. In some cases, patients may continue to work in some capacity or may try to sell some assets in order to make ends meet.

Due to the costs of a serious injury, it is important to consult with a personal injury attorney in Homestead or your community right away. An attorney can advise you on the likely total costs of your injuries and can aggressively pursue that amount for you.

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New Study About Fatigue Could be Key in Reducing Trucking Accident Rates in Homestead and Other Cities

Published on: April 10, 2014 | By Flaxman Law Group

There is some good news when it comes to the number of serious car accidents in Homestead and other U.S. communities. Between 2012 and 2013, the number of fatal automobile crashes across the nation dropped about three percent while the number of injuries in car collisions declined about two percent.

While the number of fatal car accidents is declining and while the number of injuries in car collisions is also on the wane – possibly due to improved technology in cars – safety experts are concerned that the number of fatal trucking accidents is not similarly dropping. In fact, some statistics show that the number of these deadly crashes seems to be on the rise.

The National Highway Traffic Safety Administration (NHTSA) reports that in 2012 there were 3,921 fatal trucking collisions on U.S. roadways. This is a four percent increase over the year before. In addition, between 2009 and 2012 the number of trucking collisions leading to injury increased 42 percent while the number of fatal automobile crashes involving trucks increased 18 percent in the same time period.

According to researchers, this is especially troubling since between 2009 and 2011, the total number of trucks on highways and roads actually declined by over six percent while the number of miles traveled by commercial trucks dropped seven percent in the same time frame. This means that the number of injuries and fatalities in these crashes is on the upswing at the same time as the number of trucks is smaller, which should seemingly lead to fewer crashes.

The NHTSA finds that truck driver fatigue may be part of the reason for the numbers. The number of DUI accidents in Homestead and other U.S. cities involving truck drivers is small and truck drivers who cause fatal collisions are less likely other drivers of passenger cars to have a history of license suspension. In addition, truck drivers are generally better trained and more often tested in terms of their driving skills than other drivers.

The NHTSA does think that truck driver fatigue in Homestead and other cities is a serious issue. Despite hours of service rules that limit how long commercial truck drivers can stay on the road before resting, the number of truck drivers who surpass allowed hours and the number of truck drivers who are fatigued when driving may be significant, according to some safety experts. The hours of service rules have recently been changed and the NHTSA has stated that the further reduction of driving hours could help prevent traffic collisions.

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How Cargo Theft Can Cause Injuries for Truckers in Miami and Other Cities

Published on: April 8, 2014 | By Flaxman Law Group

According to Florida Highway Patrol, cargo theft is a major concern across the state. While it does not get as much attention as trucking accidents in Miami and other cities, it is a huge problem for the industry and for truck drivers. Not only does it cause financial losses, but in some cases it can leave truckers with work injuries in Miami or other cities if they detect a theft or interrupt a crime taking place.

Virtually any product is a target for cargo thieves because virtually anything transported by truck can be sold for profit. Thieves steal full tractor trailers, take the merchandise, and leave the empty trucks in South Florida. In 2012 alone, about 130 cargo thefts were reported in the state, making Florida the second state in the country for the number of these thefts.

Thieves operate in rings or individually. The risk of getting caught is relatively low and the rewards are high if the products can be sold on the black market or can be shipped overseas for sale.

According to the National Retail Federation and FreightWatch, cargo theft can have a significant impact on customers. Stolen merchandise means that customers end up paying more because retailers and manufacturers have to make up the difference. In some cases, product lines are disrupted and customers cannot purchase a product in stores because a cargo theft means that there is a shortage, which manufacturers may or may not be able to rectify quickly.

In addition, there are risks involved in cargo theft. In cases where a truck driver intercepts a theft, he or she may suffer a variety of injuries. In addition, if customers buy these stolen products they may be injured if the products are later recalled. Regular retailers will pull unsafe toys or products from Miami or Florida shelves, but these products may still remain on the black market or be sold online if they have been stolen. Unsuspecting customers may purchase unsafe products and end up suffering injuries as a result.

In 2013, about 19 percent of all stolen merchandise was food or drink products, with metals being the second-most-frequent target of cargo thieves. About 13 percent of cargo thefts involved electronics. Electronics have a higher resale value, but they also have serial numbers, which means that stolen shipments can be tracked in some cases. Food, on the other hand is more difficult to track and is always in demand, meaning that thieves can make a profit while facing a lower risk.

FreightWatch and other groups predict that there may be fewer cargo thefts in 2014 than in previous years, in part due to greater vigilance. Tobacco and other industries have especially tightened transport security to prevent cargo theft. In addition, improved enforcement and the breaking up of some cargo theft rings in recent years may also mean fewer thefts.

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Top Five Reasons You May Have a Hard Time Getting Fair Compensation after Your Hollywood Truck Accident – And What You Can Do About it

Published on: March 27, 2014 | By Flaxman Law Group

After a trucking accident in Hollywood or your community, you expect your insurance company to help you. After all, you probably pay your insurance carrier substantial amounts of money in premiums for car insurance coverage. In addition, insurance companies go out of their way to market themselves as caring companies that care for you in the event of a tragedy. Unfortunately, if you have been in a serious truck or car accident in Hollywood involving a big rig, tractor-trailer, or other commercial vehicle, you may find it difficult to get fair compensation for your injuries. There are five main reasons for this:

1) Trucking accidents often become a case of finger-pointing. In many cases, trucking accidents are blamed on the passenger car driver, often with very little investigation. Statistics show that many commercial truck accidents are in fact caused by passenger car drivers who are negligent, but this does not mean that this was the case in your situation. In addition to finger-pointing when it comes to blame, you may find that there is a lot of shuffling when it comes to admitting who is liable. Even when it is obvious that the crash was not your fault, the accident may be blamed on the truck driver, the motor carrier, road conditions, and a variety of factors.

2) Trucking collisions often involve serious, long-term injuries. Insurance companies tend to compensate for immediate costs, such as medical bills, lost wages, and property damage. Unfortunately, due to the size and force of big rigs and tractor-trailers, many truck crashes involve serious injuries, such as spinal cord injuries, brain injuries, amputations, and more. With these injuries, you have to consider not only substantial immediate medical costs, but also long-term lost income and medical bills that will arise. In many cases, insurance carriers do not consider these costs when making an offer.

3) Insurance companies are in the business of profits. Insurance companies may promise to care for you, but ultimately they are responsible not to you but to their shareholders. The aim of large insurance companies is to be as profitable as possible, and this means that they have a financial interest to not pay out the maximum compensation possible in every accident. Even if you receive what you consider to be a fair insurance offer, speaking with a personal injury attorney in Hollywood or your community you may find that your case is actually worth a lot more.

4) Florida is considered one of the top states for insurance fraud. Unfortunately, Florida has the distinction of having the highest rate of insurance fraud when it comes to car insurance. This makes car insurers far more careful about checking for fraud, and this can delay the insurance process or in some cases can even lead to unjustified rejection of a legitimate insurance claim.

5) There is often a lot of confusion after a trucking accident. Due to the size and force of the vehicles involved, these types of accidents tend to be multiple vehicle collisions, front end collisions, or rear end shunt accidents that cause a lot of damage. It can be difficult to get straight answers, especially once the attorneys of the truck carrier and insurance companies become involved and work to limit liability. Working with a personal injury attorney ensures that your interests are protected and that a thorough investigation is conducted to get to the bottom of what has happened.

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How to Cope with Soft Tissue Injuries After a Trucking Accident

Published on: March 18, 2014 | By Flaxman Law Group

The types of truck and car accidents that get featured in the nightly news often involve severe injuries such as paralysis, spinal cord injuries, and fatalities. Compared to that, soft tissue injuries seem less severe and less newsworthy, but these types of injuries can cause a great deal of suffering and can keep you from work and from living your life fully.

A soft tissue injury is one that affects the muscles, ligaments, or tendons. Tendons are the bands that attach bones and muscles while ligaments are the tissue that stabilize joints and connect bones. Injuries to these or to muscle can result from slip and fall accidents in Homestead and other communities, but these injuries are also common with sports injuries and with traffic crashes. Any time a vulnerable area is suddenly twisted or overused, a soft tissue injury is possible.

Soft tissue injuries can actually involve a number of types of injuries, including:

•Strains
•Contusions
•Tendonitis
•Sprains
•Bursitis
These injuries can be extremely painful and can leave you unable to live your life normally. A severe sprain, for example, can cause swelling and severe pain, leaving you unable to place weight on the affected site. Severe sprains can also cause swelling and severe pain.

Mild soft tissue injuries are often treated with elevation, compression, rest, and applications of ice. Elastic bandages are also sometimes used to reduce swelling. For severe soft tissue injuries, a splint or other medical device may be needed to keep the area from moving so that healing can take place. Of course, since these types of injuries are quite painful, pain management is also an important part of the healing process.

After a car collision in Homestead or another community, swelling or pain in an affected area may be the first sign that a soft tissue injury has occurred. While soft tissue injuries are quite common in traffic crashes, they cannot be detected with X-rays the way that fractures can, so it can be quite difficult to diagnose these injuries. Worse, many patients find that it can take hours or days for symptoms to develop. A patient (and their doctor) may assume that no injury has occurred only to find that pain develops and a soft tissue injury is in fact present.

In these situations, it can sometimes be difficult for a patient to prove that the injury was caused by the car accident and it can be challenging to secure compensation for the injuries. If a driver files an insurance claim quickly after a car or truck accident in Homestead or their city, they may get an insurance offer before they even develop symptoms or get a proper diagnosis for their soft tissue injuries. If they accept the insurance money, they may lose out on the chance to get fair compensation that will cover the medical treatment for their injury. In some cases, the insurance company may be suspicious about the cause of the injury or may claim that the injury was not caused by the accident because no symptoms were seen right away.

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The Link Between Truck Maintenance and Traffic Collisions in Homestead and Other Communities

Published on: March 13, 2014 | By Flaxman Law Group

There is no doubt that trucking and car accidents in Homestead and across the country are a serious concern for every American. In 2012 alone, traffic collisions killed 33,561 people across the country. Motor vehicle accidents are among the top causes of death for all age groups and are the leading cause of fatalities for those under the age of 34, according to government statistics.

Trucking accidents in Homestead and other communities can be especially deadly, because of the size of big rigs, 18-wheelers, and other commercial trucks. Many trucking accidents are caused by motorist negligence, but a number are also caused by poor truck maintenance.

Both truck drivers and motor carriers are expected to take proper care of their vehicles. Truck drivers are responsible for day-to-day maintenance of their vehicles, including checking tire pressure and reporting any problems that require the services of a mechanic. Motor carriers are expected to maintain their fleets, replace trucks as they become unsafe, and take care to provide the proper level of maintenance for each of their vehicles.

Unfortunately, there are many things that can go wrong that can prevent trucks from getting proper maintenance:

•Truck drivers may not check tire pressure, brakes, and other systems before every trip, leading to excessive wear and tear, as well as mechanical failure
•Motor carriers may try to reduce costs by cutting back on the amount of maintenance on their vehicles
•Motor carriers may be negligent and may hide maintenance problems or delay maintenance in order to save money
•The companies or professionals tasked with fixing vehicles may be negligent in evaluating and properly fixing truck systems
When trucks are incorrectly maintained, mechanical failure in Homestead and other communities can occur, causing trucks to possibly careen out of control. Incorrectly maintained brakes may fail, tire blowouts in Homestead and other communities can occur if tires are not correctly kept properly inflated, and other systems may fail as well, causing severe injury and serious crashes.

Unfortunately, if you’ve been injured in this type of car accident caused by mechanical failure or poor maintenance, it can be difficult to prove that the truck was not correctly maintained. The incident may simply be blamed on bad luck or on an unfortunate accident. It often takes working with a good personal injury attorney in order to evaluate the maintenance schedule of a truck as well as any prior known problems with the vehicle.

It is especially important to consult with a personal injury attorney if you’ve been injured by a rental truck or by a commercial truck. Unfortunately, a number of investigative reporters over the past few years have shown that rental truck companies do not always perform the maintenance necessary on their fleets, and each year Americans are seriously injured or even killed due to this negligence. In addition, commercial truck accidents often require the help of an attorney because these cases are complex and often involve multiple defendants who are protected by powerful attorneys. A good personal injury attorney in this case can protect your interests.

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Could Overnight Deliveries Increase the Risk of Truck Accidents in Hollywood and Other Cities?

Published on: March 6, 2014 | By Flaxman Law Group

According to a new study from Monash University, overnight and early morning long-haul trucking has a higher rate of accidents when compared with trucking deliveries during regular business hours. The researchers in the study believe that if fewer trips and deliveries were scheduled in the early morning, there may be fewer collisions.

The study found that truck drivers who work for more than three hours during the night have a similar risk of accidents as drivers who are driving under the influence. Drivers who do not use cruise control, anti-lock braking systems, and other technology on their overnight drives are at an even higher risk of a collision, as are drivers with less driving experience.

To reach these conclusions, researchers spoke with 517 truck drivers who had not been in an accident between 2008 and 2011 and also spoke with 530 truck drivers who had been in a collision during the same time period. Based on these interviews, researchers found that truck drivers who were on the road between midnight and six in the morning had a threefold chance of being in an accident when compared with drivers who drove between 6 in the morning and noon. When a truck driver had not taken any rest for over four hours, the risk of a collision was twice as high.

Unfortunately, overnight driving is standard in the trucking industry, and according to sleep experts this may be contributing to trucking accidents in Hollywood and other communities. Even when truck drivers sleep before driving overnight, they may feel fatigued on overnight shifts. Other studies of shift work in other industries seem to back this up. A number of studies have shown that workers who take on shift work and overnight work have higher risks of work injury in Hollywood and other cities. Part of the problem is that working outside of regular hours fights the body’s natural circadian rhythm. Even when truck drivers and workers get adequate hours of sleep, the type of sleep they get during the day after working at night may be of a lower quality.

Fatigued driving in Hollywood and other communities has long been linked to car and trucking accidents, but it is more difficult to decide how to address the issue. The trucking industry relies on long-haul drivers to make early-morning deliveries. Customers demand on-time deliveries on tight schedules, and that can mean workers being on the road until late at night. Hours of service rules require truckers to take a certain amount of rest when driving, but they do not and cannot regulate or control the quality of sleep and rest that truck drivers get. In the future, driverless trucks and other technology may help reduce or even eliminate the dangers of fatigued driving. In the meantime, however, solutions need to be found to address the problem.

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Great Article About Road Debris and Truck Accidents

Published on: February 25, 2014 | By Flaxman Law Group

David Breen of the Orlando Sentinel has written a very important article about the dangers of road debris in our communities. Charles Flaxman of Flaxman Law Group was asked to comment on the issue and was proud to offer insight.

Be sure to check out the article by clicking below:

http://www.orlandosentinel.com/news/local/breakingnews/os-trucks-falling-debris-danger-20140219,0,7776890.story