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

Father’s Quest to Reduce Florida Truck Accidents

Published on: September 17, 2010 | By Flaxman Law Group

In 2008, Russell Hurd’s daughter, Heather, was killed in a Florida car accident involving a truck when a truck ran a red light and collided with eight passenger vehicles. The truck driver was distracted by text messaging when the accident took place. Since then, Hurd has been trying to ensure that laws are passed banning drivers from talking on their cell phones or texting while driving.

Earlier this year, bills which would have banned text messaging and cell phone use in cars and trucks in Florida were killed in committees. Hurd has another opportunity this upcoming Tuesday, when a summit on distracted driving will be held by U.S. Transportation Secretary Ray LaHood in Washington. Hurd and others hope to convince lawmakers at the summit to change the laws to help prevent Florida truck accidents and car accidents involving distracted drivers.

According to the National Highway Traffic Safety Administration, 20% of all accidents in 2008 were caused by distracted driving. That same year, there were 6,000 fatalities due to distracted driving. Drivers who are distracted are four times more likely to be in an accident than drivers who are not distracted.

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Dealing with Loss After a Fatal Florida Trucking Accident

Published on: August 27, 2010 | By Flaxman Law Group

A fatal Florida trucking accident is one of the most devastating traffic accidents possible. The injuries and damages in such an accident are often catastrophic and the outcome can affect the rest of your life. If you have lost a loved one in a fatal Florida car accident involving a truck, there are several things you will want to do in order to deal with your loss:

1) Get the best medical care possible. If you are a survivor of the accident or if another family member has survived the accident, you will want to secure the best medical care possible. This may mean negotiating with your insurance carrier to ensure that all medical costs and long-term care costs are covered.

2) Get answers. Often, after a fatal Florida trucking accident, you will have many answers about how exactly the accident occurred. A good Florida personal injury attorney can help you investigate the accident so that you understand what happened. This can help bring some peace of mind and some closure to the accident.

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Quality Medical Care After a Florida Trucking Accident

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

After a Florida truck accident, your first priority will likely be to get emergency medical attention. Most truck accidents in Florida result in at least some injuries, if not fatalities. It is difficult to assess the extent of injuries on the scene, which is why it is important to seek medical attention right away if you have sustained any type of injury. Many serious Florida brain injuries, for example, do always show overt symptoms at once. In some cases, patients feel fine right after an accident, only to find that they have indeed sustained a serious brain injury. Getting immediate help can dramatically increase your chances of surviving a Florida car accident involving a truck.

However, getting medical care after a Florida truck accident can be a challenge for many patients. If you are in a Florida truck accident, you will generally be taken to the closest Florida hospital for immediate treatment. If you are unconscious, you may not be able to act as your own health advocate. It can take emergency personnel some time to reach your family doctor and to recover your records. Mistakes can happen in the high-pressure environment of the emergency room. This is why after serious accident, Florida medical malpractice suits are common.

Another problem with getting quality medical care after a Florida truck accident is cost. Truck accidents can cause serious or even permanent injuries and the total cost of treating these injuries can be very high. Many insurance companies only pay for part of the treatment involved and do not consider long-term costs of the injury. For example, many Florida spinal cord injury patients find that long-term rehabilitation costs, home care costs, and other costs are not considered. The first few years of treatment may be covered by insurance, but subsequent costs may not be.

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Concerns After a Florida Truck Accident – And How to Resolve Them

Published on: August 23, 2010 | By Flaxman Law Group

After a Florida truck accident, you will have many questions and concerns if you have sustained any injury. Among your concerns might be issues such as:

1) Paying medical bills. You may be uninsured or underinsured for the serious injuries that you can sustain in a truck accident. As well, you will inevitably find that your insurance provider does not cover all the costs associated with your injuries. For example, many Florida burn injury patients find that their health insurance does not cover skin grafts and other so-called “cosmetic” surgery, even though such surgery may be necessary for full recovery. As well, brain injuries and spinal cord injuries may require years of rehabilitation and treatment, and not all of this is usually covered by insurance. Health care costs can be devastating, which is why it is vital to speak to a qualified Florida personal injury attorney after your truck accident. A good attorney can give you good advice and can help ensure that you have the financial resources you need to get the best quality medical care for your injuries.

2) Dealing with lost wages. If you have been injured in a Florida car accident involving a truck, you will likely miss work. In addition, you may need to miss work in order to meet with your Florida personal injury attorney or in order to visit your insurance company or doctor after your accident. If you have sustained a serious injury, you may not be able to return to work for weeks or months. In the event of a permanent injury, you may not be able to return to work at all. A good Florida personal injury attorney can help ensure that you are compensated for your lost wages, so that you do not have to worry about losing your home or ruining your credit rating.

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Truckers Support Hour Limits to Prevent Florida Truck Accidents and Truck Accidents Nationwide

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

In April of this year, the Federal Motor Carrier Safety Administration (FMCSA) conducted sessions with trucking industry experts to discuss hours-of-service (HOS) rules for commercial truck drivers. The trucking industry was seeking more flexibility in the rules, which currently restrict how many hours truck drivers can drive before taking rest stops. The American Trucking Association has said that the HOS rules work in preventing Florida car accidents involving trucks and nationwide truck accidents, but the industry wants more flexibility.

Under current rules, truck drivers are to rest for eight hours out of their ten hour rest period in their truck cab. This allows drivers to rest for eight hours in their cab and drive for six hours under the current 14 hour limit for driving. Despite concerns about safety, in 2004 and 2007 courts upheld decisions which allow drivers to drive many hours consecutively. Decisions and industry practices have also reduced the amount of time that drivers have to rest.

In October 2010, the new proposals made by the trucking industry to reduce rest hours even more were rejected by the Obama administration. The decision came after heavy lobbying from Advocates for Highway and Auto Safety, Public Citizen, the Truck Safety Coalition, and the Teamsters Union.

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Investigating Florida Commercial Truck Accidents

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

In 1986, Congress created The Commercial Motor Vehicles Safety Act (CMVSA) to make interstate trucking safer. The CMVSA places restrictions on who can operate a commercial truck or bus, ensuring that bus or truck drivers are qualified for their jobs and therefore safer on the road. With the CMVSA, testing and licensing standards were introduced, bringing fewer Florida bus accidents and truck accidents to our streets.

While the CMVSA has helped reduce truck accidents, there are still far too many truck accidents on our roads. After a truck accident, one thing that occurs is a thorough investigation of the accident in order to determine what caused the collision. Florida truck accidents may be investigated by police, private investigators, or other groups.

An investigation will often include a look at a driver’s logs. Under Federal Motor Carrier Safety Regulations, drivers are required to record their breaks, driving time, and other information. This helps ensure that drivers take the required breaks and rests they are required to keep by law. Drivers are not allowed to destroy these logs, especially after an accident. Investigators can examine these logs to determine whether a truck driver was driving while tired.

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Money Worries After a Florida Trucking Accident

Published on: July 30, 2010 | By Flaxman Law Group

A Florida trucking accident can cause many serous injuries, but it can also wreak havoc with a victim’s finances. Victims who have suffered in a truck accident may end up in considerable debt or may even face bankruptcy. There are many considerable financial losses and challenges after a Florida car accident involving a truck:

1) Medical bills. Most patients have medical bills in the tens of thousands of dollars or more. While medical insurance and car insurance can cover some of these bills, in many cases insurance providers balk at paying the entire amount, leaving the patient still paying for some necessary treatment themselves. Underinsured or uninsured patients face an even more frightening amount of medical bills. Florida brain injuries, spinal cord injuries and other serious injuries can be expensive enough to send even prosperous people into bankruptcy.

2) Lost income. Most patients who have been in a Florida truck accident lose weeks or even months of work time, causing a loss of income. Some patients sustain permanent injuries and can never return to work again. Yet, bills and debts must still be paid.

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Challenges Victims Face After Florida Truck Accidents

Published on: July 28, 2010 | By Flaxman Law Group

A Florida car accident, truck accident, or any motor vehicle accident is a traumatic event. When trucks are involved in a motor vehicle accident, the results can be especially devastating, simply due to the destructive force possible with a large commercial truck. However, for many victims, the problems just begin when an accident takes place. In the days, months, and years after an accident, victims may also have to deal with:

1) Questions of blame. In some cases, insurance companies or trucking companies may claim that a victim is partly to blame for a truck accident – even if this is not necessarily the case. If a motorist is unfairly blamed for an accident, they may feel extreme guilt and may face insurance rate increases.

2) Access to care problems. Many serious Florida spinal cord injuries, burn injuries, brain injuries, and other long-term conditions are caused by truck accidents. However, some victims have a hard time finding the resources and medical care they need. Patients may not have the financial resources to cover large medical costs or may not know all their care options. A good Florida personal injury attorney can often help patients find the care their need.

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Ways Florida Personal Injury Attorneys Investigate Truck Accidents

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

If you have sustained a serious injury in a Florida truck accident, you will likely hire a Florida personal injury attorney. Your attorney will do several things. First, he or she will advise you of your rights so that you can make informed decisions about what you wish to do in the wake of the accident. Second, he or she will represent you in negotiations with insurance providers and will negotiate with them on your behalf. Finally, your Florida personal injury attorney will investigate all the causes of your truck accident in order to determine what has caused the accident.

This last role is extremely challenging. By the time you have found an attorney, the scene of the accident is usually cleared up. Evidence may be gone forever. Most attorneys in Florida work with private investigators and other professionals to find out the truth about an accident. This type of investigation may involve:

1) Accident reconstruction. Private investigators have complex software tools which can help them recreate an accident based on information gleaned from police reports, witness testimony, and other factors. This can give investigators a moment-by-moment rendering of the accident.

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Liability and Florida Truck Accidents

Published on: July 2, 2010 | By Flaxman Law Group

Many Florida truck accidents are not caused just by one factor. In most cases, a number of situations and issues can cause an accident. For example, a mechanical failure in the truck may have contributed to an accident, but road conditions as well as mistakes made by pedestrians or other drivers may have contributed to a collision.

In many cases, after a Florida truck accident, victims who have sustained serious injuries look for one answer to the accident. They decide that an accident was caused by a driver or by a mechanical failure. Even the media contributes to the idea that truck accidents are caused by one main cause. How many times have we read a headline proclaiming “Florida brain injuries caused by trucking accidents the fault of distracted drivers”? Most headlines suggest that truck accidents are caused by one factor or cause. While all of us like to keep things simple, it is important not to oversimplify the causes of a truck accident.

Determining all the factors that contribute to a truck accident is crucial because it allows a victim to seek a settlement from multiple responsible parties. This increases the chances that a victim will receive a fairer settlement which will cover all medical costs, lost income, and related costs of an accident. If you decide to pursue only one liable party, you will likely have to pay for part of your medical costs and lose income out of pocket.

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