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

Speed Limits and Miami Shores Truck Accidents

Published on: January 26, 2012 | By Flaxman Law Group

Speed-related Miami Shores car accidents and truck accidents are an especial concern. High-speed traffic accidents are more likely to cause fatalities and serious injuries, including brain injuries, burn injuries, and spinal cord injuries. This is because the force of a collision is considerably greater when a vehicle is speeding. When a higher-speed Miami Shores truck accident occurs involving a car and truck, the results can be even more devastating. Since the force of the truck is already so much greater than that of the smaller passenger vehicle, when speed is a factor it is even more likely that the occupants of the passenger vehicle will be seriously injured.

To reduce the risks of accidents such as these, many suggestions have been made to reduce speeding on roads and to make sharing the road safer. In 1987, a federal law was passed, for example, which allowed states to increase highway speed limits on rural interstate highways. At the time, the highways had speed limits of 55 mph and states were permitted to raise the speed limits to 65 mph. A few states decided to post different speed limits on these highways for trucks and different speed limits for cars – but does this make highways safer?

Speed limits on roadways are based on the idea of the 85th percentile. While many people assume that slower speed limits are safest, some research has shown that the safest speed is the one at which the majority (or about 85%) of traffic moves. Some studies have shown that when speed limits are posted lower or higher than what most drivers are driving, some drivers speed to reflect the speed at which they feel they should be driving while other drivers drive at the posted speed limit. This creates two sets of speeds, and this can cause reckless driving, tailgating, and other situations which lead to traffic accidents.

When trucks and cars share the road, therefore, some experts believe that both trucks and cars should travel at the same pace to prevent accidents. However, there are some issues with this. Some Miami Shores traffic accidents, for example, are caused because in many cases trucks and cars cannot travel at the same speed. Trucks may need to slow down and stop more often if they are making deliveries. Commercial big rig trucks also need to start slowing down much sooner than passenger cars do, as it takes longer for tractor trailers to brake. This can cause shifts in speed which, according to the 85th percentile idea, are unsafe.

There are other issues, too, which affect safe speed limits and trucks. A 2006 study at the University of Arkansas found that trucks that travel at lower speeds actually may be safer since they can maneuver and brake more easily than trucks which are going faster. Rather than supporting the 85th percentile idea, which suggests that uniform speed is best, the study found that a slower speed for trucks may be best – even when other vehicles are going faster.

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Cargo Shifts and Deerfield Beach Truck Accidents

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

According to the Federal Motor Carrier Safety Administration (FMCSA) Large Truck Crash Causation Study (LTCCS), cargo shifts are one of the most dangerous causes of truck accidents. Although they are not common occurrences, when cargo shifts do occur, they are very likely to cause a serious accident. In Deerfield Beach, traffic accidents caused by cargo shifts are likely to cause fatalities and serious injuries.

To understand why cargo shifts and resulting Deerfield Beach truck accidents take place, it is important to understand tractor-trailers. These larger commercial trucks have very high chassis, making the truck more likely to roll over and making stability essential. The cargo is the heaviest part of the truck, but the ability of the truck to stop, maneuver, and speed up is in the tires. When a truck attempts to move, the force of the move must be transferred through the truck, from the ground to the load. When a load is not carefully balanced, a Deerfield Beach rollover accident or cargo shift is the likely result.

In addition to incorrectly balanced loads, incorrectly secured loads are another common reason for cargo shifts. In a larger commercial truck, cargo needs to be very securely tied down or secured to prevent shifting. In some cases, loads are naturally more difficult to secure. For example, liquid loads naturally shift and move during transport. In these cases, special tanker trucks need to be used to ensure that the load shift does not lead to an accident.

Truck drivers are primarily responsible for a cargo load. They are expected to inspect the cargo during the trip and before the trip to ensure that it is safe. However, in a Deerfield Beach truck accident caused by shifting cargo, there may be multiple liable parties. For example, trucking companies are expected to properly train drivers so that drivers can inspect cargo correctly. In addition, loaders are expected to load and secure cargo correctly.

If you have been in a Deerfield Beach truck accident that you believe may have been caused by a cargo problem, it is important to consult with a qualified Deerfield Beach personal injury attorney. In many cases, where a commercial truck is involved in an accident, truck carriers have access to powerful insurance companies as well as teams of attorneys to represent them. You will need a qualified personal injury attorney who can investigate the accident, find all liable parties, and safeguard your rights.

Even in cases where a Deerfield Beach traffic accident seems fairly straightforward, where commercial entity is involved, the case may be more complex than you realize. Even simply finding all liable parties can be very important. For example, if a Deerfield Beach personal injury attorney is able to find multiple liable parties in your case, you can drastically improve your chances of getting a fair settlement that covers more of your medical costs, lost income, and other expenses. As well, a good attorney can help safeguard your rights and can ensure you do not sign away your rights when making an insurance claim.

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Could Cargo Theft Increase the Risk of Davie Truck Accidents and Other Injuries?

Published on: January 10, 2012 | By Flaxman Law Group

According to experts, commercial truck cargo theft is a serious and growing problem. In 2009 alone, thieves stole nearly $500 million worth of commercial truck cargo, representing a 67% jump in thefts when compared with 2008. In many cases, cargo is stolen while truckers step of their vehicle out to eat or rest. According to law enforcement, medical and pharmaceutical cargo as well as electronics are especially targeted by thieves, since these can easily be re-sold. Florida, Texas, and Georgia are considered among the highest-risk states for cargo theft.

Some experts believe that cargo theft may be fueled in part by economic woes. While the thefts are certainly a concern for trucking companies, who lose considerable amounts of money due to the crime, there is some concern that the thefts can also have a negative impact on public safety in a number of ways:

1) Possible injuries to truck drivers who want to protect themselves and their cargo. If truck drivers interrupt a theft in progress or attempt to defend their trucks, there is the possibility that thieves may attack the driver in order to steal the cargo, increasing the risk of injuries to the driver.

2) More focus on cargo safety can detract from truck safety. As truck carriers are forced to focus on cargo theft, they may have fewer resources to put towards truck safety and driver safety overall. In other words, the more carriers are focused on cargo theft, the less they can focus on driver fatigue, driver distraction, and other common causes of Davie car accidents involving trucks.

3) Thieves who steal large amounts of cargo may be driving with unsafe loads, increasing the risk of Davie traffic accidents. If thieves steal entire cargo loads off of trucks, they must then transport the cargo. If they do so in trucks, they may simply not have the skills to securely distribute and secure the load, increasing the risk of a Davie truck accident. In addition, if thieves steal flammable or hazardous cargo, they may cause a fire, toxic spill, or other dangerous situation if they do not know how to transport this type of cargo safely.

4) Thieves escaping from a crime scene may cause an increase in Davie car accidents as they are likely to speed.

5) Re-selling of some cargo goods may cause injuries. One troubling thing about cargo theft is that thieves specifically target pharmaceuticals as a form of profitable product. Unfortunately, when pharmaceuticals and other dangerous cargo are resold on the common market, there is no control over how they are used. Pharmaceuticals, taken for the wrong purposes or in the wrong doses can be extremely hazardous or even fatal. Similarly, hazardous cargoes, including fireworks, flammable materials, and others pose a danger when used incorrectly.

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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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Florida Authorities Work Hard to Prevent Miami Truck Accidents and Car Accidents at This Time of Year

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

According to Florida authorities, this time of year is one of the deadliest on Florida streets, with accidents both on primary and secondary roads. Unfortunately, this can be one of the riskiest times of the year for a Miami truck collision or car accident. Florida even has one of the unfortunate distinctions of being one of the states with the highest numbers of fatal accidents over the holidays, although the Florida Highway Patrol no longer forecasts fatal accidents for this time of year.

Florida officials will be taking part in a number of initiatives to reduce Miami traffic accidents at this time of year. For example, law enforcement authorities will patrol secondary and primary roads more vigilantly through the New Year, looking for drunk drivers, stranded drivers, and speeding motorists. Florida Highway Patrol is taking part in the Drive Sober or Get Pulled Over program up to January 2 to curb Miami drunk driving accidents and DUIs across the state. Unfortunately, Miami car accidents caused by drunk driving continue to be a serious problem. According to the Florida Highway Patrol, 35% of fatal traffic accidents in Florida between Christmas and New Year’s of 2010 were alcohol-related.

Many police authorities will be monitoring the streets more vigilantly over the holidays, even reducing time at home with their own families in order to keep the streets safer. According to public safety authorities, there are several things that people can do to keep safe in Miami through the New Year holiday:

1) Have a designated driver. A designated driver can ensure that you get home safely and ensures that you will not need to return the next day after a night out in order to get your car.

2) Call a taxi. Many taxi companies are extra-busy at this time of year and are working hard to meet demand. Keep some extra money in your wallet as well as a list of local taxi companies so that you can get home safely.

3) Rely on public transit. Using public transit to get to and from holiday events reduces your risk of Miami car accidents and is healthier for the environment. It is also a less expensive alternative to a taxi.

4) Call friends or family. If you cannot drive because you are tired or have been drinking, call someone for help.

5) Finish texts and emails before starting your car. In addition to cracking down on drunk driving over the holidays, Florida authorities also want to crack down on distracted driving. While there is no texting ban in the state, commercial drivers are not permitted to text and drive. Authorities will enforce that law.

6) Report aggressive or drunk driving by calling *FHP (*347). Reporting dangerous driving ensures that police can respond appropriately – and potentially prevent a Miami traffic accident.

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Would a Universal Ban on Cellphone Use Prevent More Miami Truck Accidents?

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

Commercial truck drivers are not allowed to text and drive or use cellphones while driving. However, the National Transportation Board is calling for a far more wide-spread ban – one that would ban all drivers in all states from using portable electronic devices in all but emergencies. The ban would include hands-free devices as well. While many people believe that such a ban would help prevent Miami car accident, there are also at least a few reasons why it would help prevent truck accidents as well:

1) Truck drivers are not the only ones who cause Miami truck accidents. In many cases, distracted drivers of passenger cars cause accidents because they are not paying attention to the road. By banning electronic devices for all motorists, there is a chance that there will be fewer distracted drivers overall, potentially decreasing Miami traffic accidents – including truck accidents.

2) Light truck drivers and non-commercial truck drivers are still allowed to text and drive in Florida – even though these drivers can still cause deadly accidents. In 2010, a driver in Missouri sent 11 texts in 11 minutes, causing a highway pileup that injured 38 people and killed two.

3) The problem is not going away. Transportation Secretary Ray LaHood has said that the situation with distracted driving is getting worse, with about 50% of drivers between the ages of 21 and 24 admitting to texting or emailing which driving. According to the National Highway Traffic Safety Administration, one in about 1000 motorists at any given moment in 2010 was using a mobile device to surf the Internet, email, text, or engage in some other distracting activity. This represents a 50% increase in these activities compared to the last year.

4) Banning only some drivers from texting and driving is sending the wrong message. To send the message that texting and distracted driving is deadly, all motorists need to be banned from using mobile devices. Just banning commercial drivers makes it seem as though distracted driving is not allowed for commercial truck drivers, but is fine for everyone else.

5) The evidence of the danger is compelling. There is no longer any doubt that distracted driving kills. Studies by the National Highway Traffic Safety Administration and other experts and organizations attest to the dangers. Just as DUI was once legislated to prevent Miami drunk driving accidents and drunk driving accidents across the US, more needs to be done to prevent distracted driving accidents.

Of course, more needs to be done than just enacting laws. The NTSB has stressed that laws need to be enforced. Missouri already has a law which prevents drivers under the age of 21 from texting and driving, but in the 2010 Missouri accident, the 19-year-old driver continued to send texts and was not apprehended by anyone. Many authorities now automatically ask for texting and cellphone records to be preserved when they investigate an accident, so that they can determine whether distracted driving was a factor in an accident. However, more can be done to prevent distracted driving accidents in the first place.

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Preventing a Miami Truck Accident During the Holidays

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

There are many more Miami trucks out during the holidays than during most times of the year, as demand for deliveries and merchandise increases at this time of year. Unfortunately, it can mean that there are more Miami car accidents involving trucks at this time of year. If you wish to prevent Miami truck accidents and traffic accidents, there are a few things you can do:

1) Avoid distracted driving. Driving distracted is dangerous at any time of the year, but it can be especially dangerous during the holiday season, when there is more traffic on the roads and a greater risk of Miami traffic accidents. At this time of year, it is even more important to put your mobile devices away and give 100% of your attention to the roads and to driving.

2) Give yourself plenty of time. With the holiday rush upon us, it is common to feel somewhat harried and pressured to get plenty of errands done. However, rushing can make it more likely that you will make driving mistakes that could lead to a Miami traffic accident or truck accident. Rushing can also make it more likely that you will drive aggressively or tailgate in order to get to your destination on time. A better solution is to reduce the number of commitments where you can during this time of year and give yourself extra time to savor the holidays.

3) Give trucks extra room. There are more trucks on the road at this time of year and with more trucks and more rushing on the roadways, you will want to give commercial trucks plenty of room. Remember: if you cannot see the truck driver in the driver’s mirrors, you are too close and the truck driver cannot see you. As well, be sure to leave extra room in cases where a delivery truck may be stopping and starting often in order to drop off deliveries.

4) Use extra caution in parking lots. Parking lots are dangerous because pedestrians, trucks, and passenger vehicles are all sharing the same space. You need to be especially vigilant about trucks and pedestrians in parking lots. While parking lot accidents are usually low-speed accidents, they can be quite serious.

5) Get plenty of rest and only head out to run errands when you are well enough to do so. The holiday season coincides with the flu season, so it is not unusual to be lacking in sleep and feeling under the weather just when you are feeling pressure to run many holiday-related errands. Feeling groggy and ill, however, can increase your chances of getting into an accident. Put off errands until you feel better and more rested. If you take over the counter medication or any medication to deal with seasonal illness, make certain that the medicine will not make you drowsy or sleepy.

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Miami Road Rage Can Lead to Truck Accidents

Published on: November 1, 2011 | By Flaxman Law Group

In 2006 and 2007, Miami was named by AutoVantage as the city suffering from the worst road rage in the country. Road rage can lead to aggressive driving and can contribute to Miami car accidents and truck accidents as well. Anyone who has seen an incident of road rage on the road knows that this type of rage is more than just someone’s bad day. A trucker driving an 80,000 pound fully loaded commercial vehicle can cause a serious accident if they are making reckless decisions or poor choices due to road rage. Road rage leads to aggressive driving and contributes to Miami pedestrian accidents and car accidents.

According to experts, impatient drivers often become enraged drivers. Emotional driving can also lead to road rage, especially if a motorist is driving while stressed, angry, or upset. Lack of patience is one of the leading reasons for road rage, as impatient drivers often lose their temper due to simple traffic delays, congestion, and other unavoidable problems. Unfortunately, truck drivers need to work hard to stay patient. Many of them have tight deadlines to make and often feel frustrated if they are stuck in traffic or otherwise unable to do their jobs. Experts also suggest that driving while emotionally upset can lead to road rage. Having a bad day and then getting into the car can mean that simple traffic problems escalate into a serious situation. Most experts suggest driving only when you are calm, well rested, and prepared for the road.

Road rage can manifest itself in all kinds of ways. It can include gesturing, yelling, or swearing at another driver. It can include tailgating and other reckless driving behaviors. Gesturing, swearing, and yelling can distract other drivers and lead to a Miami bicycle accident or other traffic accidents. Reckless driving can be especially dangerous, particularly when it involves large trucks. Tailgating, cutting off trucks, and otherwise driving erratically can easily lead to a serious accident.

Road rage can be an especial problem when cars and trucks share the roadways. A passenger vehicle has little or no chance against a fully loaded commercial vehicle which weighs many times what the car weighs. Any accident between a passenger vehicle and a truck is likely to result in fatalities or permanent injury. Since preventing road rage can help prevent accidents, AutoVantage has several suggestions for preventing road rage:

1) Slow down. Driving more slowly and avoiding speeding helps ensure calm driving. Speeding tends to annoy other drivers and can lead to nasty confrontations. Slowing down overall can also help reduce the stress that often leads to road rage. That is, giving yourself plenty of time to get to your destination ensures that you are not rushing and upset if there are any delays.

2) Stay alert and careful. Although Florida has no texting bans for drivers, staying alert and driving cautiously are your best defenses against road rage. Staying alert ensures that you are not cutting off other drivers and causing dangerous situations or upset on the road. Staying alert also reduces your risk of causing a Miami traffic accident.

3) Stay courteous and think of other drivers. When sharing the road with others, consider how other drivers feel. Give them plenty of room, don’t cut people off, and signal as a courtesy so that other drivers know what to expect from you.

4) Take a deep breath and gauge your emotions. Avoid driving when you are upset, and try to calm yourself before getting behind the wheel. Driving upset ensures that any small problem on the road leads to even greater upset and potentially road rage.

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Do you Exercise Outdoors in Miami? Here is How to Stay Safe

Published on: October 13, 2011 | By Flaxman Law Group

Miami is filled with green spaces, trails, beaches, and many other outdoor areas that are perfect for recreation. There many joggers and bicyclists in Miami who choose to exercise outdoors. If you are one of them, keep in mind that you need to stay safe. While Miami has lots of pedestrians, it also has a higher than normal level of truck traffic. Since Miami is a port city and a major commercial area, thousands of trucks pour into the city every day. This increases the risk of Miami pedestrian accidents and serious accidents for those who choose to exercise outdoors. In order to stay safe, make sure that you:

1) Avoid exercising or jogging alone. Whether you are taking a bicycle ride or jogging, consider taking friends with you. Friends not only make exercising more fun, but they can also ensure that you are less of a target. If you are in a Miami truck accident or pedestrian accident while jogging or bicycling, your friends can also help you call for emergency medical personnel. If you cannot find friends to work out with, at least have a planned route, a cell phone, and let someone know where and when you will be exercising.

2) Choose your exercise routes carefully. Avoid exercising outside at the same time and location every day. As well, select safe, well lit areas for jogging and bicycling.

3) Make sure that truck drivers and motorists can see you easily. If you are jogging, wear reflective clothing. If you are on a bicycle, make sure that your bicycle has reflective tape and working lights. The more visible you are to drivers, the less likely you are to be in a Miami pedestrian accident. Visibility does not guarantee that you won’t be in an accident, but it does reduce your risk.

4) Carry a cell phone with you. Make sure that your cell phone is turned off, as distracted jogging or bicycling makes you more prone to a Miami bicycle accident or pedestrian accident. However, if you are in an accident, a cell phone can help you call for help quickly.

5) Carry your personal identification, including emergency contact numbers and any allergies you have or medications you are taking, with you when you are exercising. If you are severely injured, this information can help paramedics save your life.

6) Consider jogging or bicycling in areas that do not have truck or car traffic. Miami has a number of parks and beaches where vehicles are not allowed. These can be safer areas for walking, jogging, and bicycling, especially if you stay on them during daylight hours.

7) Avoid bicycling or walking distracted. Avoid listening to music, texting, or otherwise distracting yourself while you work out. Staying alert allows you to notice what is going on around you, and allows you to notice traffic as well as any warning signs that can help you prevent an accident.

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How Miami Drivers Can Stay Safe When Sharing the Road with Large Trucks

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

Miami drivers share the roads with bicyclists, motorcyclists, pedestrians, and all sorts of vehicles – including large commercial trucks. Commercial trucks can weigh 80 000 pounds when fully loads and most passenger vehicles do not stand a chance against a vehicle of that size. Each year, Miami car accidents involving trucks cause fatalities as well as serious injuries. Do not become part of that statistic. Learn how to drive safe around trucks:

1) Avoid a truck’s blind spots. Truck drivers can only see so much around the vehicle, so if you are following immediately behind a truck or are driving along the side of a truck, the truck driver cannot see you. In fact, any time that you cannot see the truck driver in the driver’s mirrors, he or she cannot see you. This means that he can swipe your vehicle or back up into you if you are driving too close.

2) Give a truck extra space when traveling behind a truck. Again, a truck driver cannot see you if you are directly behind the truck. Leaving an extra space ensures that the truck can see you. As well, if the truck has to stop suddenly – and many delivery trucks and other commercial trucks make frequent stops – you will have enough time to stop. If the truck needs to back up suddenly, that extra space can ensure that your vehicle is not hit.

3) If a truck is following too close behind you, get out of the way. When you can move over so that they can pass. Trucks take much longer to stop than passenger vehicles, so a truck tailgating you is a significant problem. If the truck driver needs to stop suddenly, he or she will rear end you if there is not enough room between vehicles.

4) Make lane changes carefully when sharing the road with trucks. Changing lanes rapidly is a risk, because trucks do not respond as quickly as passenger vehicles. When sharing the road with trucks, leave lots of space, use your signal lights well ahead of time, and avoid making sudden moves.

5) Do not engage an aggressive truck driver. While most truck drivers have extensive training and do their best to drive safely, any aggressive truck drivers can be an especial menace. You do not have a chance against an 80 000 pound commercial truck. If you see a truck driver behaving or driving erratically or dangerously, get out of the way and to safety. Then call authorities.

Unfortunately, even if you share the road safely, negligence or recklessness on the part of other drivers or on the part of truck drivers can make the road unsafe for you. If you are injured in a Miami truck accident, get immediate medical help and then call a qualified Miami personal injury attorney. The medical and financial outcomes of a truck accident can be devastating, and you deserve legal advice as well as support as you pursue a fair outcome.

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