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

South Miami Dump Truck Accidents

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

South Miami truck accidents are always devastating, and dump truck accidents are no different. Dump trucks are used to haul debris, sand, asphalt, and other materials to and from construction sites, mining sites, and other industrial areas. When these vehicles are involved in South Miami car accidents, the results are often devastating. An average 5-axle dump truck can weight more than 65 000 pounds when fully loaded. The size and force of this vehicle during a South Miami traffic accident can easily crush a smaller car or truck.

Another problem with dump truck accidents is that the bumpers on these types of trucks are either left out or placed high for ground clearance. Bumpers are often important in order to prevent override accidents, or South Miami car accidents in which a smaller passenger vehicle slides underneath a dump truck and is either sheared or dragged along until the truck can come to a complete stop. An override accident usually causes devastating injuries, including serious South Miami brain injuries and even fatal injuries, since the passenger vehicle is crushed under the truck.

An additional problem that can lead to dump truck accidents has to do with dump beds. Dump trucks are unique in that they have beds which can be raised in order to remove a load of cargo from the truck. The beds can be raised high enough to give workers access to the area under the dump bed. However, when a dump truck bed crashes unexpected from the raised position, serious South Miami construction accidents and workplace accidents generally occur. The Occupational Safety and Health Administration (OSHA) asks employers to create lockout procedures during the times that employees are working under the dump body of these types of trucks, but not all employers follow these standards. OSHA also suggests using an additional truck bed brace bracket to keep dump truck beds secure when being held in an upright position.

Survivors of dump truck accidents who have sustained a serious injury should consult with an experienced South Miami personal injury attorney soon after their accident. The financial losses of this type of accident can be significant. Injured parties can lose income and face serious medical bills. If the accident has been caused by a wrongful act or by negligence, Florida law permits injured parties to seek a legal claim in order to recover compensation that can help pay for quality medical care and other needed expenses.

Since dump trucks are commercial vehicles, there are often multiple liable parties involved in an accident involving this type of truck. In addition to the driver of the truck, the manufacturer of the truck, contractors, insurance companies, trucking companies, and other liable parties can all be held liable for the accident. Since commercial trucks are held to stricter traffic standards and rules, this can often benefit the victim of a devastating accident. A patient can have a better chance of recovering more of the hospital and medical costs as well as related expenses in situations where there are more liable parties, and this can ensure that an innocent victim is not in a position where they have to make up lost income and large medical costs out of pocket.

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What Seeking Justice in Miami Beach Truck Accidents Can Do

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

After a Miami Beach truck accident, it is common to feel upset and confused. In addition to trying to process complex information about claims and insurance laws, you may be recovering from a painful or long-term injury while also trying to get your life back on track. In many cases, where a serious injury has occurred, it can be helpful to speak with a Miami Beach personal injury attorney after your accident. While you may not be sure whether you want to pursue a legal claim following your accident, pursuing justice can do many things:

1) Get answers about the cause of the accident. In many cases, if you have been in a Miami Beach car accident with a truck, you may have many questions about what has caused the accident. You may even be accused of contributing to the accident. A good Miami Beach personal injury attorney can investigate the cause of the accident – most attorneys work with private investigators who have extensive experience with accident reconstruction and other investigative techniques. Getting the facts about your accident can ensure that you are not held responsible for something that way not your fault. Getting the facts can also help you move on and can ensure that if the accident was preventable, steps are taken to prevent similar accidents in the future.

2) Hold parties accountable for their actions. In many cases, truck carriers, truck manufacturers, and others in the truck industry are concerned about cost effectiveness. When cost effectiveness causes safety problems, however, it can be dangerous. Holding companies liable when they are reckless with safety can spur companies and even entire industries into taking steps to ensure safety for everyone. Unfortunately, in some cases it takes legal action to push a company into becoming more aware of safety and being more responsible.

3) Get fair compensation for your injuries. If you have been in a Miami Beach traffic collision involving a truck, you can often get your car insurance carrier to cover some of the costs of your injuries. Unfortunately, if you have serious injuries, your insurance may not cover all the costs related to the car crash. In many cases, victims are surprised to find out how high the costs of a car collision really are. Miami Beach spinal cord injury patients, for example, may have medical costs exceeding one hundred thousand dollars in the first year after the accident alone, and this figure does not cover lost income, property damage, and other costs related to the accident. In many cases, it may take legal action and close work with an experienced Miami Beach personal injury attorney to recover fair compensation for the injuries sustained in a serious accident.

4) Make a difference in the community and in others’ lives. When someone pursues justice through the legal system, changes are often made. In many cases, when legal action leads to a settlement or court win, companies make changes that ensure that they will not get sued. Over time, this leads to better safety practices. Pursuing legal action can draw attention to a problem and can make important changes, ensuring that others are not injured in a similar way.

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Responsible Parties in Hialeah Truck Accidents

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

Hialeah truck accidents are caused by a number of factors, including distracted driving, DUI, poor truck maintenance, poor truck company policies, fatigued driving, and other reasons. While the Federal Motor Carrier Safety Administration (FMCSA) and other government bodies have strict policies in place to make commercial trucking as safe as possible, Hialeah car accidents caused by commercial trucks still occur every year.

In most cases, there are multiple liable parties in a Hialeah traffic accident involving a commercial truck. These can include:

1) The truck driver. Truck drivers have many responsibilities on the road, including driving safely, following all traffic and commercial trucking rules, keeping a daily driving log, and performing twice-daily inspections of their vehicle. When truck drivers disobey the law, drive recklessly, and otherwise endanger the public they can be held liable if their actions lead to a Hialeah car accident or traffic accident.

2) The company that hired the truck driver. Truck carriers who hire truck drivers are expected to screen drivers carefully and to ensure that drivers have the correct training and support needed to drive safely. When truck companies fail to do so or fail to enforce policies that allow drivers to drive safely, they can be held liable if their actions lead to an accident.

3) The company that owns the truck or cargo. In cases where cargo is secured incorrectly, declared incorrectly, and in cases where a truck is not kept in good condition, the company responsible for the truck or cargo can be held liable.

4) The company responsible for truck maintenance. If a third party is responsible for truck maintenance, that company may be held liable if they are reckless or negligent in keeping the truck in poor condition.

5) The manufacturer of the truck or various truck parts. In cases where tire defects or other parts defects cause a Hialeah truck accident or traffic accident, the manufacturer of the truck or truck parts may be held liable for injuries if the company should have known or did know about the defects but failed to act in time.

6) The municipality, state, or town where the truck accident took place. Communities are responsible for maintaining roads and signage on many roads and states are often responsible for interstate roadways. When poor road conditions or signage cause an accident, the community or state may be held partly liable for some of the injuries the accident causes.

It can actually serve accident victims to have multiple liable parties in a case. While it can make the case more complex, it can also increase the odds that a victim who has sustained a serious Hialeah spinal cord injury, burn injury, or other serious injury can recover fair compensation for their injuries. This is why speaking with a Hialeah personal injury attorney after your accident is so important. An experienced attorney can investigate your accident and can seek out which parties are liable, so that you have the best chance of recovering fair compensation for your injuries.

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Rules Protect You in a Homestead Semi-Truck Accident

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

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

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

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

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

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When North Miami Beach Truck Accidents Harm Bystanders

Published on: February 9, 2012 | By Flaxman Law Group

North Miami Beach truck accidents occur every year, and in most cases the principal parties involved are the truck driver and any other motorist involved in the accident. However, in some cases, by standers are injured in this type of North Miami Beach traffic accident. Due to the force involved in a truck accident, debris can travel some distance from the accident, and can injure bystanders. This can happen in a number of ways. A bystander may be injured while walking by the accident scene, or may sustain a serious injury while trying to help those involved in the accident. Some bystanders are seriously injured or even killed due to truck accidents they were not directly involved in.

If you were injured as a bystander in a North Miami Beach truck accident, it is important to contact a qualified North Miami Beach personal injury attorney right away. These cases can be devastating for the victim, but they can also be frustrating. In many cases, bystanders may not be fully covered by car insurance or property insurance for their injuries. Many bystanders also sustain injuries which are not covered by most insurance carriers. For example, someone who witnesses a serious North Miami Beach traffic accident may need counseling to deal with the emotional trauma. However, many insurance carriers may not cover this type of treatment.

For bystanders injured in truck accidents, these cases can also be quite complicated. For example, there may be multiple liable parties. The bystander may have been standing on public or private property and the injuries may actually have been caused by multiple vehicles. In addition, those at the scene may not have secured a scene for safety adequately. While multiple liable parties can improve the chances that an injured victim will secure a fair recovery for medical costs and other damages, investigating the liable parties and securing the recovery often requires an experienced attorney.

Bystanders may sustain serious injuries that cause lost income and incur significant medical costs. A qualified attorney can help ensure that the bystander does not have to pay all these costs out of pocket. A good attorney can pursue all liable parties and can ensure that an injury victim understands all their rights and options. There are Florida laws which protect injured bystanders, but many people are not aware of them. A qualified North Miami personal injury attorney can help a victim understand their rights and can aggressively pursue available options on behalf of the victim.

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

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

If you work with a North Miami personal injury attorney because you have been injured in a truck accident, one of the things your attorney will do is evaluate all the information available and will investigate the accident itself to determine all liable parties. There are many ways that attorneys can do this:

1) Look up records regarding past violations involving the same truck driver or trucking company. If a truck driver has previously involved in a North Miami car accident or if the track record of the truck carrier is poor, this can indicate that the driver or the company did not take due care and may be held liable for the accident.

2) Subpoena the truck’s maintenance records. One reason it is important to retain an attorney quickly after a North Miami truck accident is because maintenance records may not be kept for very long. Yet, they can indicate whether the truck was well maintained. If the truck had known problems that were never fixed or if the truck was not regularly inspected and maintained, this can help show dangerous negligence on the part of the driver or truck company.

3) Determine the speed at which your vehicle and the truck were traveling. Excessive speed is a frequent factor in fatal collisions.

4) Gather evidence about, and analyze, any damage to the vehicles. This damage can help accident reconstruction experts determine the cause of an accident.

5) Subpoena the driver’s log book. Again, the log book may not remain forever, so it is important for a North Miami truck accident attorney to secure this book right away. By law, all commercial truck drivers are supposed to indicate hours and miles driven, as well as stops taken. If a log book is incorrectly kept or shows that the driver did not rest adequately before an accident, this can help prove driver liability in the accident.

6) Speak to first responders and witnesses at the scene of the North Miami traffic accident. Securing this testimony can be especially important if a victim decides to pursue legal action against the truck company or driver.

7) Gather evidence from the truck’s black box. This can indicate information about what the truck was doing (and how fast the truck was moving) before, during, and after the accident.

8) Work with accident reconstruction specialists and private investigators to determine the cause of the accident and liable parties in an accident. If more than one liable party emerges, this can increase the chances that the victim will get a fairer settlement for injuries. In many cases, a North Miami truck accident is blamed on the drivers, but a number of factors – including road maintenance, other drivers, car defects, truck brake defects, and other causes – may be to blame. Often, only a thorough and professional investigation can help uncover the true reasons behind an accident.

9) Review the trucking company’s policies, safety procedures, maintenance schedule, and accident track record.

10) Evaluate the total costs of the accident. In many cases, insurance companies and victims do not consider the long-term costs of a North Miami traffic accident, but the injuries sustained in a serious accident can last many years and may require many years of expensive medical treatment.

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After a Fort Lauderdale Truck Accident: Evaluating Liability

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

After a Fort Lauderdale truck accident, one of the first things that the truck carrier, attorneys, and insurance companies will do is try to determine liability. If you have been injured in a Fort Lauderdale car accident involving a truck, you will want to work with a qualified Fort Lauderdale personal injury attorney, since an experienced attorney can help determine liability. If your attorney is able to find that a few people share liability for the truck accident, the odds that you will get fair compensation for your lost income, medical costs, car repairs, and other accident costs is improved. There are a few parties who may be found liable for your Fort Lauderdale traffic accident:

1) The truck driver. In many Fort Lauderdale truck accidents, the truck driver is considered the primary liable party. This is because in many Fort Lauderdale traffic accidents, it is driver error that leads in to the accident itself. Your Fort Lauderdale car accident, for example, can be caused by a truck driver’s distraction, fatigue, drug use, or other errors.

2) The trucking company. In many cases, the trucking company can be held at least partly liable in a Fort Lauderdale truck accident. This is because many trucking companies have policies which contribute to accidents. For example, a truck carrier may not adequately screen or train its drivers, or may encourage drivers to drive longer distances or longer hours than is safe. However, in order to prove that a trucking company is liable, you generally need to work with a qualified Fort Lauderdale personal injury attorney, who can gather evidence and can prove that the trucking company is partly liable for the accident.

3) The loaders who placed the cargo on the truck. The people who have placed the cargo on the truck are responsible for ensuring that the cargo is correctly distributed and safely secured before the driver pulls away. While the driver is expected to check the cargo periodically throughout the trip, if the loaders are negligence or reckless in loading the cargo, they may be held partly liable for any accident that results due to cargo shifting.

4) The owners of the cargo on the truck. In some cases, the people who own the cargo on the truck may be held partly liable if they do not adequately warn the driver and the trucking company about the dangers of the cargo, do not adequately declare the content of the cargo, or take other negligent actions which result in injury.

5) The owners of the property where the accident took place. In some cases, the roadways or locations where the accident takes place are not correctly maintained or are unsafe due to faulty road engineering or road design. In these cases, the city of Fort Lauderdale, the state itself, or the local government in charge of the road may be held partly liable for the accident.

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New Year, New Home? What You Need to Know to Prevent Palmetto Bay Moving Truck Accidents

Published on: January 5, 2012 | By Flaxman Law Group

In the New Year, many people make big changes in their lives. If your change involves moving to a new home, you may be interested in renting a truck to move your furniture and possessions to your new house. While renting your own truck can be a cost-effective option, it is not always the safest option. Each year, people are involved in Palmetto Bay traffic accidents while driving rental trucks.

The truth is, most motorists are not prepared for the dangers and risks of driving larger moving trucks. These trucks have more blind spots and handle much differently than a regular car, putting you at a much higher risk of a Palmetto Bay truck accident. In addition, some truck rental companies have poor records for truck maintenance. Many companies renting trucks have long lists of unsatisfied customers, some of whom claim that the companies rent trucks that are not kept in good condition. In past years, investigative journalists have found that some companies even move trucks from state to state to avoid costly repairs and maintenance on their fleets. The track records of some of these trucks may give you pause.

Luckily, there are ways to move safely. Where possible, leave the driving to someone else. Professional and experienced truck drivers can handle large moves and large trucks with ease, potentially saving you from a Palmetto Bay car accident. Professional movers can also pack your possessions carefully and are generally fully insured, so that if any injuries or any damage occurs during the move, the costs are covered. Many people feel that the costs of professional movers are very high, but the costs of a Palmetto Bay truck accident can also be very high. Before making a final decision, at least consider speaking with a tax preparer – if you are moving due to your job, the costs of the move may be partly tax-deductible, making movers more affordable.

If professional movers are not in your budget, there are still other options which allow you to have someone drive a moving truck for you. For example, you can rent a truck and hire a driver who can drive the truck for you. If you decide to do this, make sure that you speak with the truck rental company about insurance options. Another option is do-it-yourself services. These moving services will deliver a large container to your current home and you can pack the container with your possessions. Once you are packed, the company will transport the container to your new home, where you can unpack it. These services cost less than professional movers but do not require you to drive your own moving truck.

If you do decide to drive your own moving truck, at least take several precautions to ensure that your trip is safe. For example, book a truck that is large enough for all your possessions. Overloading a truck can cause brake failure and tire failure, so err on the side of caution. Next, make sure that you take the rental truck to a trusted mechanic before you load in anything. If there are any maintenance or safety issues, your mechanic can let you know so that you can contact the rental company to get a safer truck. Be careful to load the truck evenly and to secure your possessions in place to prevent them from shifting. Correctly loading the truck is important in preventing Palmetto Bay rollover accidents. Where possible, drive with a friend so that you can take turns driving and so that you can get help with blind spots and parking, if needed.

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Miami Hit and Run Truck Accidents

Published on: December 8, 2011 | By Flaxman Law Group

In Florida, all drivers are aware that they need to stop at the scene of an accident in order to render assistance and in order to exchange insurance information and contact information with any other drivers involved in the accident. Hit and run Miami car accidents are a serious offence, and any driver found guilty of this criminal offence can face serious penalties. Despite the penalties, however, hit and run Florida traffic accidents continue to be a serious problem. In fact, according to the Florida Department of Highway Safety and Motor Vehicles, Miami-Dade County and Broward County had the most hit-and-runs of any Florida county in 2008.

There are many reasons why people leave the scene of an accident. In some cases, drivers panic or are fearful of being accused of causing the accident. In other cases, drivers are already doing something illegal – such as driving without a license or insurance or driving under the influence – and do not want to be caught. It can be especially difficult when the person who leaves the scene of an accident is a commercial truck driver. There are many reasons why hit and run Miami truck accidents are especially challenging:

1) Trucks may sustain fewer damages in an accident. A collision between a car and a truck usually results in severe damages for the car, but the truck driver and the truck are less likely to be severely affected. This can make it easier for a truck to drive away and to not even show much damage on the truck itself.

2) Truck drivers may not be from the area, the state, or even the country, making them harder to find. Finding a truck driver who has fled the scene of an accident can be very challenging because truck drivers drive very long distances every day and may be from a different region, making them difficult to find, especially if the victim does not notice the license plate number or other details of the truck.

3) Truck drivers may share a truck with other drivers or may rent a truck from another company. One thing that can make it even more challenging to find the specific driver involved is that some carriers rent trucks or share trucks among drivers. Even if the truck itself is located, it can require even more investigative work to find the actual driver involved.

4) A truck driver involved in a hit and run Miami truck accident may be driving a load owned by one company in a truck owned by another company and may be hired by a third party. For all these reasons, it can be very difficult to determine liability in a hit and run accident. Usually, it takes a qualified Miami truck accident attorney to evaluate liability in these cases.

Most commercial truck drivers remain on the scene of an accident and try to help. However, in a hit and run accident involving a truck, victims can be left without recourse and assistance. In these cases, it can be important to consult with a qualified Miami personal injury attorney in order to locate the driver and determine liability in the accident.

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Would Shorter Hours for Truck Drivers Decrease or Increase Miami Truck Accidents?

Published on: December 2, 2011 | By Flaxman Law Group

Fatigued driving is a major concern for those who wish to decrease the number of Miami car accidents and truck accidents. There is well-established research that driving sleepy can be just as dangerous as driving drunk, as it affects reaction times, mobility, and other risk factors just as much. There are already many regulations intended to limit the hours that commercial truck drivers can spend on the road and the number of hours they must rest before they can resume driving.

However, there has been a growing movement to reduce hours of service for truck drivers even further. Advocates of the changes say that reducing the current “hours of service” limit from eleven hours a day to ten hours a day can further curb fatigued driving and the number of truck accidents caused by the problem. Others, however, claim that reducing hours can actually contribute to truck accidents.

A congressional panel was recently held in order to explore the issue. W.S. Badcock Corp., a furniture retailer, testified on behalf of the National Retail Federation (NRF), stating that reducing hours of service more would place more trucks on the road, effectively increasing the risk of Miami truck accidents and traffic accidents across the country. The furniture store also noted that the new rules would increase costs for the retail industry and hurt the US economy as a whole.

Retailers are also concerned about another proposed change – one that would require two nighttime rest periods for truck drivers taking the required 36-hour break after each week of driving. Retailers are concerned that in urban cities such as Miami, traffic accidents might actually become more common with this proposed change, since currently many truck drivers drive in city areas at night to avoid daytime traffic. Effectively reducing the possibility of nighttime deliveries, retailers state, could mean that trucks will be forced to share the road with Miami daytime traffic, leading to more congestion and more accidents.

The current 11-hour hours of service daily limit was introduced in 2004 and according to federal agencies the number of fatal commercial truck accidents declined 31% between 2007 and 2009, likely due at least in large part to the change. Since the initial restriction on driving hours had such a positive impact on truck crashes, some advocates of the new driving changes suggest that reducing hours of service may further reduce the number of truck traffic fatalities. However, others argue that any changes would upset the current systems in place and could result in more accidents. It is unknown at this time whether the new rules will be adopted or not.

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