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

Collecting Benefits if You Have Lost a Loved One in a Miami Springs Truck Accident

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

If you have lost a loved one in a Miami Springs truck accident, you will likely be facing not only enormous grief but also financial distress, especially if the person you have lost was an income earner. In addition to losing the income, you may also face final medical expenses, memorial expenses, and other costs. You will need to pay for final taxes as well as any debt that the loved one may have had. For many families, this means that Miami Springs traffic accidents become not only a time of grief but also a time of financial distress. In many cases, you may qualify for benefits if you have lost a loved one to a Miami Springs car accident or traffic accident. You may qualify for:

1) Insurance policies. If your loved one had life insurance or car insurance, the beneficiary will be paid the insurance after a death certificate is provided. In many cases, the insurance amount is doubled in the event of an accident, so make sure that you confirm the insurance amount. It is important to get insurance money quickly, since final expenses may be considerable after an accident. Some insurance carriers will allow you to accept a payment plan or get a lump sum. You may wish to talk to a financial adviser to determine which plan is right for you and your family.

2) Social Security Benefits. Families may qualify for Survivors’ Benefits for a Spouse and Children or for One-Time Death Benefits if a loved one contributed to the social security program in the last ten years. If you are not sure whether your family qualifies, you can find out by contacting the Social Security Administration (SSA).

3) Employer benefits. If your loved one was working, he or she may be owed a paycheck and other benefits. He or she may also have been insured by the employer and the surviving family may qualify for the insurance money. It is also a good idea to contact all past employers to determine whether the family qualifies for any pension plan payments. In cases where your loved one sustained their fatal accident while at work, the family may qualify for worker’s compensation.

4) Veteran’s benefits. If your loved one was a member of the armed forces, the family may qualify for a lump-sum payment for burial expenses and may qualify for additional benefits in some cases. You can learn more from your Department of Veterans’ Affairs (VA) office or through your funeral home director.

In addition to these benefits, you may qualify for compensation under the law if the traffic accident was caused by someone’s recklessness or negligence. In these cases, you may be able to pursue a legal claim which allows you to seek damages which can help cover some of the costs related to losing a loved one in an accident. While the money will not bring your loved one back, it can help keep your family financially secure as you start to heal.

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

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

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

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

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

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

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

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

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What to Consider when Choosing a North Miami Truck Accident Attorney

Published on: December 11, 2012 | By Flaxman Law Group

If you have been seriously injured in a North Miami trucking accident, consulting with a North Miami personal injury attorney can be one of the smartest things you do. An attorney can help you understand the total costs of your injuries, can help you pursue justice, can investigate your accident, and can pursue a legal claim so that you are not facing financial distress as well as injuries. There are many attorneys for you to choose from. However, when choosing an attorney, make sure that you ask yourself the following questions:

1) How soon will the attorney start investigating the truck accident? The truck accident attorney will need to be retained in order to start an investigation, but the investigation should start as quickly as possible after that. After a North Miami traffic accident, evidence disappears quickly. This is especially true of a truck accident, where the truck company may not feel obligated to hang on to evidence. After a North Miami truck accident, insurance providers working for the truck company will usually arrive at the scene within minutes. To build the strongest possible case your attorney will need to start the investigation as quickly as possible.

2) How many similar cases has the attorney handled? An attorney who has handled multiple North Miami truck accident cases, personal injury cases, traffic accident cases, and North Miami head injury cases likely has the trial experience and legal experience you need to build a strong case.

3) Does the attorney have access to private investigators and expert witnesses? A personal injury attorney who works with a full-service law firm who can quickly find expert witnesses and private investigators to investigate your accident is a huge benefit. An attorney with multiple resources can thoroughly investigate the accident and help build a strong case on your behalf.

4) Is the attorney an expert on issues related to truck accidents? Look for a North Miami truck collision attorney who understands the issues related to truck accidents. An attorney who understands how speeding, driver distraction, and other issues affect truck accidents, for example, is more likely to find multiple liable parties and pursue justice effectively on your behalf.

5) Is the attorney familiar with the rules and laws that affect truck drivers and truck companies? Commercial truck drivers must meet certain state and federal laws in order to operate. If your attorney understands these laws, he or she is better equipped to notice when a truck company or driver violates these laws.

6) Is the attorney familiar with the insurance system? An attorney who is familiar with the insurance system often can better predict the tactics that insurance companies will use in defending their clients. An attorney who is familiar with the insurance system can also better negotiate with insurance carriers on your behalf, so this is an important advantage.

7) Does the attorney have strong referrals or a track record of compensation secured on behalf of victims? It is a good sign when an attorney has a track record of successful and happy clients.

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Steps Of The Legal Process After A Miami Lakes Truck Accident

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

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

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

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

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

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

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Understanding the Legal Process After a North Miami Beach Truck Accident

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

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

Criminal cases

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

Civil cases

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

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

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Laws Aiming to Prevent Davie Trucking Accidents

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

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

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

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

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

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

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

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

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Who is Liable in a Biscayne Park Trucking Accident Case Caused by Brake Failure?

Published on: October 11, 2012 | By Flaxman Law Group

According to the Department of Transportation (DOT), 29.4% of all accidents involving big trucks involve some form of brake issues, such as brake failure. In cases where brake failure causes a Biscayne Park truck accident, there may be many liable parties:

1) The driver. Truck drivers are required by federal regulations to perform a pre-trip inspection each day and to keep a record of these inspections. Drivers are mandated to check brake shoes and to check for air leaks and loose brake components. If drivers fail to complete these inspections, fill out the reports, or report known problems, they may be held liable for any injuries that result from a truck accident caused by brake failure.

2) The company responsible for loading the cargo. The company responsible for loading the cargo may incorrectly load or secure the cargo or may overload the truck, causing excessive pressure on the brake system, and, potentially, brake failure. In these cases, the company may be held liable if an accident and injuries result.

3) The company that owns the truck or the company that is responsible for brake maintenance. In cases where a different company than the owner-operator is responsible for the maintenance of brake systems, that company may be held liable if a Biscayne Park car accident or truck accident occurs because the brakes were not correctly maintained.

4) The brake manufacturer. A brake manufacturer producing brakes for a commercial truck is required by federal regulations to ensure that the brakes allow the truck to stop at a specific rate, to ensure that the brakes develop a specific braking force, and to ensure that brakes meet the requirements for automatic brake adjustment systems. In cases where brakes do not meet the regulations, the brake manufacturer may be held liable for a Biscayne Park traffic accident caused by the defective brakes. These legal claims are usually Biscayne Park products liability claims and usually occur because there was some defect with the brake’s design or manufacturing process.

5) The truck carrier. Some truck carriers may not order adequate maintenance on their trucks or may make poor decisions, such as unhooking the front brakes to save money on brake maintenance. Truck companies must, by federal regulations, keep maintenance records showing that brakes and other truck systems are correctly maintained. When truck carriers are negligent in keeping these records or ensuring that trucks are correctly maintained, they may be held liable if the truck’s poor condition causes an accident and injuries.

After a Biscayne Park truck accident, determining liability can be challenging. It is common for one potential liable party to blame another. A truck driver may blame the truck carrier for unsafe policies while the truck carrier may blame the brake manufacturer for defective brakes. In turn, the manufacturer may blame incorrect maintenance for the tire failure. The best way to determine all liable parties is to work with a Biscayne Park personal injury attorney who has experience in truck cases. A good attorney can investigate the cause of an accident and can find all liable parties, increasing the chances of fair compensation.

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The FMCSA and Safety Issues That Could Affect the Risk of Fort Lauderdale Truck Accidents

Published on: September 14, 2012 | By Flaxman Law Group

The Federal Motor Carrier Safety Administration (FMCSA) has been in the news recently, and news from the agency could affect truck safety and the risk of Fort Lauderdale truck accidents. For instance, a House Transportation and Infrastructure subcommittee is holding a hearing about issues related to truck safety. Most recently, truck carriers and their representatives have indicated to the committee that the safety-rating system designed by the U.S. Transportation Department and used by the FMCSA has flaws that punish good bus and truck companies for collisions that are not the company’s fault. According to some groups, the FMCSA should use a different system to target unsafe and unreliable truck carriers, not merely those with minor compliance issues. The Compliance, Safety and Accountability system has been used and in development since 2004, but this is the system that carriers want to change.

Adding fuel to the fire is a study conducted by Wells Fargo Securities LLC. That study found that there was no link between the number of crashes a truck carrier had and the scores the carrier got from the FMCSA. In other words, a carrier with bad scores might still have no Fort Lauderdale traffic accidents. According to Wells Fargo, the FMCSA was vulnerable to lawsuits, since the scores hurt a carrier’s business and insurance rates but were not reliable. However, the University of Michigan Transportation Research Institute found that the FMCSA scores were reliable and validates the ratings systems the agency uses. According to the University of Michigan Transportation Research Institute, carriers with the lowest scores have accident rates twice as high as the average carrier.

According to the chairman of the Highways and Transit Subcommittee, John Duncan, the Transportation Department must create a system for carriers to question data that might be unreliable. The FMCSA has created its own task force to consider the proposals and possible changes to its ratings system.

The FMCSA has also launched a new initiative as of August 2012 to keep trucks from only reliable carriers on the roads. The “Fit, Willing and Able” initiative will use specific and newly-developed qualifying criteria when determining which carriers should be given operating authority. The FMCSA will consider a number of factors when determining whether to grant operating authority. The agency, for example, will consider how willing a carrier is to comply with requirements and whether any corrective action has been taken for willfulness. The agency will also consider past violations and whether those violations affected operational safety.

Carriers who have had their operating authority suspended or revoked in the past six years will face increased inquiry. Those companies who create new identities to distance themselves from past suspensions of operating authority or past violations will not be granted operating authority. This addresses a common problem in the truck and bus industry, where some companies try to distance themselves from past Fort Lauderdale bus accidents or truck accidents and regulatory violations by simply shutting down and opening with a new name and logo.

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Why it is Important to Consult with an Attorney After an Aventura Truck Accident

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

If you have been in a serious Aventura traffic accident, such as a truck accident, it is a very good idea to speak to an Aventura personal injury attorney who specializes in truck accidents. While it is possible to handle the matter without going to an attorney, there are many reasons why an attorney is important:

1) Insurance companies and truck carriers are often looking for an inexpensive and fast settlement, while an attorney will look for a fair settlement for you. It is often a mistake to settle too quickly and it is certainly a mistake to settle for a compensation or claims amount without speaking to an attorney. An attorney can help you understand the total costs of your injuries and can help you ask the questions you need to ask in order to get fair compensation. In addition, you may not even understand the full extent of your injuries until you have spoken to medical specialists and an attorney can work with you to ensure that you have a very thorough investigation of your injuries.

2) Aventura personal injury attorneys can advise you of your rights. In many cases, you may not know all the Florida laws which protect you after an accident. An experienced attorney can help you understand the law as it applies to your specific case and can help you understand what options you have, so that you can make an informed choice.

3) An Aventura traffic accident attorney can investigate the cause of the accident and find all liable parties. This can be important in clearing your name and ensuring that you are not blamed for an accident that was not your fault. Finding all liable parties is also important in getting a fair settlement – one that covers as many of your costs as possible.

4) An Aventura personal injury attorney has worked with others in your situation and can help advise you about next steps. An attorney may steer you towards the medical help and the resources that are available, since many attorneys have worked with accident victims before and are aware of the options available for injuries.

5) Speaking with an Aventura personal injury attorney does not mean filing a lawsuit. An attorney can advise you of your rights, offer advice about a claims offer, review the terms of your insurance policy, help negotiate with your insurance company, and more. If you do decide to pursue a legal claim, an attorney can also obviously help with that. If you are concerned about costs, keep in mind that many attorneys offer an initial free accident consultation and are even willing to work on a contingency fee basis, which means that you will not have to pay your legal costs until and unless you win in court or reach an out-of-court settlement.

6) Most truck accidents involve commercial vehicles. This can make Aventura truck accidents more complex than car accidents, since insurance companies working for truck carriers usually have plenty of resources and are looking to resolve claims with as little cost as possible. Working with an attorney ensures that there is someone on your side looking out for your rights.

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Common Mistakes After a Hollywood Truck Accident

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

Being in a serious Hollywood traffic accident can be frightening and upsetting, and this is even more so if you are involved in a Hollywood truck accident. The accident generally will take place in just a few seconds and while you are still reeling you may need to deal with the other driver, witnesses, police, insurance company employees, emergency personnel, and others, all asking you questions. Many people injured in Hollywood car accidents and truck accidents make a few key mistakes immediately after the accident, and these mistakes can adversely affect the chances of recovering fair compensation for any injuries:

1) Saying “I am sorry” or making any simple admission of fault. It may feel natural to apologize after an accident, but this simple statement can adversely affect your claim. It may be seen as an admission of fault by the other driver and by the insurance company. These simple words may be held against you, so after a Hollywood truck accident, stick to the facts and exchange information. Keep in mind that immediately after an accident is may be impossible to determine fault. It can take professional investigators some time to determine what caused an accident, so avoid jumping to conclusions.

2) Not contacting police and insurance carriers right away. If anyone is seriously injured or you believe that the other driver may be under the influence, it is important to contact the police and file a report. Failure to do so can create problems down the line if you decide to file a claim. In addition, many people assume that if they contact their insurance company, their rates will increase. However, contacting your insurance company to ask for advice does not mean that you have to file a claim.

3) Signing documents too quickly. After a Hollywood motorcycle accident or car accident involving a truck, it is common to get a claim offer quite quickly. The insurance companies working for truck carriers and truck driver unions are quite powerful and often want to resolve claims quickly. However, it is important to avoid signing anything until you have had a chance to discuss the document with an attorney, or you may end up signing away some of your rights to fair compensation. After a Hollywood truck accident, the only thing you should be signing is a police report.

4) Failing to speak with a personal injury attorney if a serious injury has occurred. If your injury is serious and will result in medical costs and lost income, it is important to speak to an experienced Hollywood personal injury attorney. An attorney with experience in truck accident claims can help you understand your rights and the likely total costs of your injuries, which can make it easier for you to understand how much your claim may be worth. This can be substantially higher than the claim amount being offered to you. An experienced attorney can launch a claim for you or can negotiate with insurance carriers on your behalf so that you get fairer compensation to help pay for your injuries.

5) Failing to document. After an accident, it is vital to exchange as much information as possible with the other driver or drivers involved. It is also important to take photos of the accident scene and surrounding areas and to get contact information for witnesses. Getting copies of medical reports is also helpful. The more information you gather, the easier it can be for an attorney to help you find all liable parties and the answers you need.

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