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

Distracted Driving, Miami Truck Accidents, and Legislation

Published on: November 29, 2011 | By Flaxman Law Group

Thanks to the efforts of advocacy groups, many Americans are now aware of the dangers of distracted driving. To help prevent Miami truck accidents, there are federal laws in place which prevent commercial drivers from texting and driving. However, Florida currently has no laws preventing other drivers from texting and driving. Distracted driving continues to be a major cause of Miami car collisions. According to the NHTSA, 16% of fatal car accidents across the country in 2009 involved distracted driving.

One problem with banning distracted driving and thus preventing more Miami traffic accidents is that distracted driving is hard to legislate. While the focus in recent years has been on distractions caused by texting, there are a number of things that truck drivers can do while driving that can be just as dangerous:

1) Using any mobile device. Using any mobile device can be a distraction, and the VTTI has found that using headsets or other hands-free devices is not significantly safer than using hand-held devices. In addition, police across the US have admitted that it is very difficult to catch drivers who text or talk while driving. Texting can be especially easy to hide, since drivers can keep their mobile device in their lap, where it will not be noticed by any drivers or police passing by. Even since the texting ban, a number of truck accidents have occurred because a driver was texting while driving.

2) Eating and drinking. Truck drivers routinely eat on the road, especially when they are trying to make a deadline. However, experts agree that eating and drinking are among the most dangerous things that drivers can do. Each year, many Miami car accidents and other traffic accidents occur when drivers are distracted by spilled food and drink in the car. As well, opening food packaging can take the driver’s eyes off the road and hands off the wheel for seconds at a time – more than enough time to cause a Miami pedestrian accident.

3) Grooming. Checking hair or other grooming tasks dangerously remove the driver’s eyes off the road. Again, however, this behavior is very difficult to legislate, especially as legislating something like this could be seen to infringe on personal rights.

4) Reading maps and using navigation systems. In many cases, truck drivers need to make deliveries in areas that are unfamiliar to them. As a result, many drivers rely on navigation systems or, less often, on maps, to get them to their destinations. Unfortunately, these tasks take the driver’s eyes off the road.

5) Entertainment. Perhaps one of the most distracting things that drivers do is also the most difficult to legislate. Truck drivers spend many weary hours on the road and most rely on some form of entertainment – such as audio books, radio stations, or music – to make the time go by. Unfortunately, focusing on this entertainment can distract the driver. As well, changing stations, adjusting music, or otherwise changing the entertainment can cause an accident.

Continue reading →

Can Your Twitter and Facebook Page Harm Your Miami Truck Accident Case?

Published on: November 18, 2011 | By Flaxman Law Group

Today, millions of Americans use social networking sites such as Twitter, Facebook, and other sites. Usually, these sites are a harmless way to stay in touch with friends and a fun way to share photos and ideas. However, if you have been in a Miami truck accident and have sustained injuries, your social networking activities can be harmful in a number of ways:

1) You never know who is reading. Insurance carriers and attorneys frequently use private investigators to look into the legitimacy of insurance claims. Private detectives increasingly use social networking sites to check up claimants. If you claim to be very injured but your blog or Twitter account shows you traveling, this could harm your claim. In some cases, private investigators will even befriend you on social networking sites to get more information. It is important to keep in mind that anything you post on a social media site is very public.

2) Innocuous comments and pictures may be skewed. You don’t have to write or post anything very suspicious on your social networking site for the site to impact your claim. In many cases, quite innocent photos and comments may be skewed to make your claim seem suspect. For example, if a friend shows up at your home after you are injured by a Miami car accident to cheer you up, those photos on a social networking site can make it appear as though you are throwing a party while claiming to be injured.

3) Social networking sites go back a long time. Many Internet users do not realize that virtually anything posted online is archived – for a long time. Posts that you made years ago about other injuries or other claims may be a boon to an insurance company now. This is another reason to be very honest with your insurance
4) You cannot control what others post on your site. While you may be cautious about what you post on your social networking sites, your friends and family may be posting comments and photos which could harm your case or which can be skewed to harm your case.

If you have sustained injuries in a Miami traffic accident, it is important to be aware of your online profile and your online participation in social media sites, even if you use a pseudonym or anonymous user name online. If you have a social networking presence, you may want to discuss this with your Miami truck accident attorney. Your attorney may ask you to refrain from posting anything on your social media sites while your case is pending or may give you some advice about what you should and should not be posting. Make sure that you follow these guidelines to the letter.

Whether you are online or not, if you have sustained injuries in a Miami truck accident, you will need a qualified Miami personal injury attorney with experience in these types of cases. A qualified attorney can negotiate with insurance carriers in your behalf, can investigate the causes of the accident and can pursue all liable parties so that you get the fairest compensation possible for lost income, medical bills, and other costs related to your injury.

Continue reading →

The Legal Issues with Commercial Truck Accidents in Miami

Published on: October 27, 2011 | By Flaxman Law Group

Commercial trucks arrive on Miami streets every day, moving items from the port of Miami, bringing items to Miami stores and businesses, and taking care of business around Miami. Since Miami is such a large city with so many businesses and residents, it’s not surprising that the city also sees quite a lot of truck traffic. Unfortunately, this can mean a higher risk of Miami truck accidents as well.

Being involved in a Miami car accident involving a large commercial trucks can be intimidating, to say the least. A fully loaded commercial tractor-trailer can weigh 80,000 pounds or more, and a collision between this type of vehicle and a passenger vehicle usually leads to serious injuries or fatalities. Each year, Miami spinal cord injury patients and brain injury patients are admitted to emergency rooms following truck accidents on Miami streets. These accidents result in lifelong injuries as well as devastated lives.

Unfortunately, getting justice after a Miami truck accident involving a commercial truck can be difficult. Commercial truck carriers have considerable insurance coverage and insurance companies have extensive legal resources in order to help ensure that they do not have to pay out too much in any insurance claim. Victims of Miami truck accidents often find themselves blamed for an accident or find that the insurance claim offers do not fully cover the cost of their injuries. In many cases, Miami truck accidents also involve trucks which are owned by state or federal governments. In these cases, there are even more restrictions and even more powerful insurance companies at play, affecting the victim’s ability to claim recovery for the injuries.

Miami truck accident victims face substantial medical costs, lost income, and other expenses and costs. If they are unable to get a fair insurance offer, these expenses need to come out of their own pocket – and in many cases these expenses add up to hundreds of thousands or even millions of dollars. For all these reasons, it is essential to speak to a Miami personal injury attorney if you have been in a serious truck accident involving a commercial vehicle. A qualified personal injury attorney has experience dealing with insurance companies, and can more effectively negotiate for a fair settlement offer or claim.

A Miami personal injury attorney can also do other things to ensure that you get the support and recovery you need. For example, a personal injury attorney can work with private investigators and accident reconstruction professionals to determine the true cause of your accident. This can be very important in convincing a commercial truck carrier to offer you a fair recovery. As well, personal injury attorneys can help find all liable parties after an accident. This can be very important, as multiple liable parties can ensure that you are able to recover a fair amount to cover all the costs of your injuries. As well, this is very important because determining liable parties after a commercial truck accident in Miami can be very difficult. For example, a commercial truck may be rented from one carrier, have a driver from another carrier, and may be carrying products for another company. Determining liability or responsible parties in this situation can be very difficult without a qualified attorney.

Continue reading →

The Secondary Dangers of a Miami Truck Accident

Published on: October 20, 2011 | By Flaxman Law Group

Miami truck accidents happen virtually every day, and they range from smaller accidents to the serious truck rollovers that affect traffic for hours. While Miami truck accidents are devastating to everyone involved, they also have many secondary dangers that all pedestrians and motorists need to be aware of:

1) Rubbernecking. Unfortunately, Miami truck accidents usually draw a large crowd. When people stop to take a look at an accident, they may inadvertently contribute to secondary accidents. Drivers who slow down to take a look may also contribute to problems such as fender benders, traffic problems, and other problems. If you see a Miami truck accident, it is best to proceed slowly and to keep your eyes on the road. If there are already emergency personnel on the road, be sure to follow their directions in order to get to your destination safely.

2) Secondary accidents. People who swerve to avoid a Miami truck accident may collide with other objects or motorists, causing additional accidents.

3) Spills and fires. Large commercial trucks often carry flammable or toxic materials. In a truck accident, these can easily spill, causing a blaze or creating a toxic environment for everyone around. A commercial truck that is fully loaded with flammable material and bursts into flames can create an inferno, shooting flames into the air for dozens of feet. If you see a commercial truck accident, it is important to get out of the way as quickly and as safely as you can, in case the truck is carrying something hazardous. If you see a truck on fire, contact emergency personnel and keep your distance.

4) Disabled trucks can block the road or lanes of traffic. Trucks that have flipped on their side or are otherwise un-drivable can block an entire road or several lanes of traffic. Oncoming vehicles that are not aware of this can easily collide with each other or with the truck itself, causing additional accidents. Truck drivers are required to set up warning signs where possible after an accident. However a truck driver may be too injured in order to do this. The hazards are especially pronounced in poor visibility conditions, such as fog or rain. Disabled trucks that are blocking lanes of traffic can also cause congestion throughout an entire area of the city as motorists look for alternate routes to get to their destination.

5) Property damage. The impact of an 80,000 pound commercial truck flipping over or lighting on fire is enough to do serious damage to roads, traffic signs, and other city property. In cases where the roads and traffic systems are not fixed immediately, other motorists may be in danger of Miami car accidents due to the damage.

Continue reading →

Truck Proposals Could Change Rates of Florida Truck Accidents

Published on: June 30, 2011 | By Flaxman Law Group

Federal lawmakers are considering transportation bills which would, over the next few years, change a number of things about the trucking industry. Some experts are concerned about a proposal in the bills which would allow higher weight limits and which would permit trucks on more roads across the country. Some experts are concerned that such changes could affect the rates of Florida car accidents and truck accidents on the road.

The bills would increase truck weight limits from 80 000 pounds to 97 000 pounds for single-trailer commercial trucks on state highways and interstate roadways. Trucks with two or three trailers would be permitted up to 100 000 pounds. As well, trucks with two or three trailers will be allowed the entire national highway system rather than on interstate roads.

According to the Transportation and Infrastructure Committee Chairman, the bills could be put to a vote before committee by July 12. The suggested legislation would also place a tax on trucks over the weight limit. This money would be placed in a fund and distributed to states to assist with road repairs and bridge work.

There are many concerns about the proposed changes. Many legislators, for example, have pointed out that cars are currently getting smaller as more consumers look for fuel economy in their passenger cars. Combining smaller cars with larger trucks could create even more devastating Florida car accidents involving cars, whereby smaller cars would have no chance against very large commercial trucks. There is also concern that the larger trucks would have very large blind spots and would not be able to safely share the roads with motorcycles, bicyclists and others who use the road system.

There is also a concern that the larger trucks could create problems on residential streets. While the proposed legislation allows very large trucks only on the national highway system, when a section of the system is closed due to an accident or another cause, traffic is often rerouted through residential areas. There is a concern that 100 000 pound trucks would be on residential streets in such cases, posing the risk of Florida pedestrian accidents and other types of traffic accidents.

Other experts have noted that much larger trucks could create load problems and could make the roadways deteriorate faster, due to the weight and force of the larger vehicles. Those in the trucking industry have noted that improved technology in the trucking industry would potentially help offset some of these problems. The Transportation and Infrastructure Committee also notes that allowing the proposed changes would allow businesses to be more competitive and efficient, which would beneficial to the economy.

Continue reading →

Florida Truck Accidents and Mexico

Published on: May 9, 2011 | By Flaxman Law Group

Over the past few years, there have been concerns and debates about the possibility of allowing Mexican commercial five axle tractor-trailer trucks on US roads. Some people have claimed that allowing these trucks on the roads of the US will result in more truck accidents and car accidents in Florida and in every other state. Among the concerns raised are:

1) Differing regulations. There are federal rules which place severe restrictions on US truck carriers and truck drivers. Load limits, safety inspections, hours of service regulations, licensing and training standards, and other rules have been developed over time to ensure that the roads are as safe as possible. Mexico is a different country with different laws and therefore there is a concern that the laws which keep US trucks safer will simply not be in place in trucks from a different country.

2) Safety issues. There are concerns about whether trucks from another country will meet the same safety standards as domestic trucks.

3) Legal issues. Currently, any truck accident involving a commercial truck is tricky to litigate. Insurance carriers, truck companies, driver unions and other stakeholders get involved and there are many legal issues at play. Some Florida truck accident victims wait months or even years for their cases to work their way through the courts. There is a concern that cases involving Mexican trucks and truck drivers would be even harder to litigate, due to extradition problems, different laws, and the high risk of flight for suspected non-domestic drivers.

4) Regulatory problems. When a truck is deemed not fit for the road in the US, there are a number of authorities who can step in to take the truck off the road. However, there are concerns that trucks from Mexico driving on US roads would be harder to regulate. Would carriers from another country obey US standards and regulations different than their own? Would local authorities be able to exert authority over driver and truck companies from a different country?

Continue reading →

Insurance Companies Hire Private Investigators After Florida Truck Accidents

Published on: May 6, 2011 | By Flaxman Law Group

After a Florida car accident or truck accident, many drivers assume that they are covered by insurance and that the insurance carrier they have been paying premiums to all along will help them. Many Florida truck accident victims are surprised to find, however, that insurance companies actually often launch private investigations on the victims in traffic accidents. These insurance companies are looking for several things:

1) Mitigating factors and other liable parties. Insurance companies would not make money if they paid out the full possible claim amount to every claimant. Therefore, many companies look for other possible liable parties – such as road conditions or even the victim.

2) Evidence of insurance fraud. Insurance fraud is a serious problem and unfortunately, it can mean that the industry sometimes suspects legitimate claimants. Some injury victims find themselves under surveillance by private investigators as insurance companies try to determine whether a claimant is faking or exaggerating an injury.

3) More information about the accident. Insurance companies, like police and other investigators, work hard to determine the cause of an accident. Unlike other investigators, however, private investigators hired by insurance companies are paid to find information which is advantageous to the insurer.

4) The cost of damages. One of the tasks of the insurance company is to determine the value of a claim – the amount that will be paid out to the victims in an accident. In many cases, however, these initial amounts cover only the bare necessities of care. Most of the time, Florida personal injury attorneys need to work hard to ensure that a victim has all medical costs and related accident expenses covered.

Continue reading →

Florida Truck Accident Investigations

Published on: May 4, 2011 | By Flaxman Law Group

After a Florida truck accident or car accident causing an injury or fatality, investigations are usually launched to find out what happened to cause the collision. Florida car accidents involving trucks may in fact be subject to several types of accidents:

1) A police investigation. An official investigation by police will usually be launched in any case where it appears that a law was broken. Suspected cases of Florida drunk driving, suspected cases of insurance fraud, suspected cases of vehicular manslaughter, and other suspected crimes will be carefully investigated by detectives. In many cases, if you are in an accident and decide to pursue legal action you can get a copy of this police investigation or report.

2) A private investigation. If you decide to hire a personal injury attorney after your Florida truck accident, your attorney may decide to launch a private investigation. The attorney will typically work with private investigators or accident reconstruction professionals to find evidence to support your legal action and to find any liable parties in the case.

3) An insurance investigation. In many cases, insurance carriers launch their own investigations, also using private investigators. The aim of insurance companies is to find out whether anyone other than their client was liable. Therefore, if you are in a car accident with a truck, the truck’s insurance carrier will typically try to find evidence to protect the truck carrier and truck driver. This is one reason why it is important to hire a Florida personal injury attorney to protect your interests.

4) An industry investigation. In cases where a truck driver may have committed a crime and may be subject to disciplinary action, the truck carrier or truck driver union may launch their own investigation. This sort of investigation may also be initiated in any serious accident which may result in serious legal action for the truck driver or carrier. Again, these investigations are not deigned to protect you or your rights, which is why it is important to have your own Florida attorney conducting a separate investigation.

Continue reading →

Florida Truck Accidents Involving Multiple Trucks

Published on: April 25, 2011 | By Flaxman Law Group

Along highways, especially, Florida car accidents and truck accidents often are caused by multiple vehicles. Multiple truck accidents are very complex cases because:

1) In these cases, there is usually a few mitigating factors involved. Multi-vehicle crashes usually occur due to complex reasons, such as a combination of weather and speed. After the fact, it can be complex to isolate all the specific factors without accurate accident reconstruction and analysis by investigative professionals.

2) Different passengers may have different ideas of how the accident happened. The police reports of Florida truck accidents involving multiple vehicles are often confused, because drivers near the rear of the crash may not have seen the initial impact and may have a very different view of events than the drivers in the first cars to collide.

3) There may be many liable parties. Every driver in such a crash may be held partly liable for the accident and car manufacturers, truck carriers, and others may also be held partly liable. It can take a skilled Florida attorney to determine and sort out all this information.

4) There are multiple sources of information. Conflicting reports are taken from different drivers and every car must be examined, as well as every truck in the crash. Such a crash usually involves multiple insurance companies and even multiple investigations by different attorneys and insurance carriers.

5) Evidence can easily get misplaced or damaged. Because there are so many people involved in this type of crash and because there are so many sources of information, early evidence recovery and investigation is important. In many cases, insurance companies arrive early at such accident scenes, knowing that the risk of evidence contamination exists. In some cases, insurance companies arrive before the police.

Continue reading →

Defense Attorneys and Florida Truck Accidents

Published on: April 11, 2011 | By Flaxman Law Group

If you’ve been injured in a Florida truck accident and decide to pursue a claim, you need to be aware that defense attorneys hired by the insurance company or truck company will work to disprove your claim. During the pretrial discovery process, the defense attorneys will be able to access medical records — not only from the accident but also from far before the accident took place.

It is important to be aware of this because it means that defense attorneys will have access to very personal information about you and will be able to use this information in court. As well, it is important to be aware of this in order to discuss your pre- accident medical records with your own Florida personal injury attorney. This way, your attorney is prepared to represent you.

If you have sustained a brain injury, for example, but you have sustained other concussions before due to sports — even if those concussions occurred decades ago — defense attorneys may try to claim that your current injuries are caused in part by those previous injuries and therefore their clients should not be held completely liable. It’s very natural for plaintiffs to get very upset by this type of argument, but it is part of the legal process. Knowing about it ahead of time can help make you feel more comfortable with the court process.

If you have been injured in a Florida truck accident, it is important to find a good personal injury attorney you can trust. A good attorney can help prepare you for the court case, the defense attorneys’ tactics, and the process itself so that you are more comfortable. However, before you start a claim you also want to be aware that any personal information that is available in any of your records will be made available. If you have previous reckless driving or drunk driving convictions, for example, you can be certain that the defense will try to use this to argue that you may be partly liable for the accident. Being prepared for such comments can help make them less upsetting.

Continue reading →