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

Why It’s Important to Get Help If You Have Been in a Florida Truck Accident

Published on: March 21, 2011 | By Flaxman Law Group

Each year, almost half a million truck accidents occur across the country each year, resulting in serious burn injuries, spinal cord injuries, and even fatalities. When commercial truck accidents are Florida car accidents involving a passenger car, the injuries to the passengers in the passenger vehicle are often severe. While the truck driver may walk away from such an accident unharmed, in many cases the other passengers in the other vehicle suffer severe injuries. Many Florida spinal cord injury, burn injury, and brain injury patients sustain their injuries in traffic accidents.

Unfortunately, many injury victims assume that their car insurance will cover all costs and do not seek out professional or legal help after an accident. This is unfortunate because in many cases Florida truck accidents involving commercial trucks are quite complex. There may be a few liable parties as well as several contributing factors to the accident and its injuries.

When patients sign any documentation from an insurance company they often sign away at least part of their rights to pursue legal action. All truck carriers have teams of attorneys to help companies avoid expensive litigation. What many patients do not realize is that they may be entitled to more compensation and more coverage of their injuries.

In too many cases, Florida truck accident victims receive less than the full cost of damages from insurance carriers. While immediate hospital care may be covered, for example, long-term care, counseling, and other treatments may need to be paid out of pocket. It is often difficult for injured parties without legal training to truly appreciate the liability of an accident or to calculate the full cost of an injury.

This is why consulting with a Florida personal injury attorney is so crucial. An attorney can investigate the causes of an accident, find all liable parties, and aggressively pursue a fair recovery for the patient. In many cases, this recovery can help the patient pay for lost income, medical treatment, car repairs, and any related costs. As well, an attorney can help the victim understand and take advantage of all their rights.

Continue reading →

Pedestrians Can Help Prevent Florida Truck Accidents

Published on: February 7, 2011 | By Flaxman Law Group

Florida pedestrian accidents involving trucks are usually tragic. Pedestrians have almost no protection against the sheer size and force of a large commercial truck and can often not get away quickly enough to prevent serious injury and fatality in a collision. Florida truck accidents involving pedestrians are especially prevalent near intersections, on worksites, and in parking lots. According to the FMCSA (The Federal Motor Carrier Safety Administration), pedestrians can do their part to prevent these accidents by:

1) Making eye contact first. Pedestrians can be all but invisible to truck drivers and trucks have many blind spots. Never walk behind a truck, along the side of a truck, or cross in front of a truck until you make eye contact with the driver and get acknowledgment from the driver.

2) Staying in pedestrian-safe zones. Walking in crosswalks and on sidewalks is much safer than trying to walk on the road or trying to cross without a crosswalk. If you try to cross the street without a crosswalk, a car may be able to stop in time, but trucks take much longer to brake and may not be able to stop in time to prevent a serious accident.

3) Staying alert for trucks. Keep in mind that trucks may sometimes swing up onto sidewalks when making wide turns. Some truck drivers park up on curbs in high-traffic areas to get out of the way of traffic. Keep alert and look about you so that you will notice trucks backing up, turning, or coming near you. Avoid listening to music, using mobile devices, or distracting yourself when out walking in areas with truck and car traffic. For a more leisurely walk, stick to walking trails.

4) Staying visible. In bad weather and at night, pedestrians may not be very visible. Wearing light and reflective clothing can help, but carrying a flashlight is the best way to stay visible, according to the FMCSA. Keep in mind that commercial truck drivers often travel at night, so you are more likely to encounter truck traffic, even once car traffic lessens for the evening.

Continue reading →

What Motorcyclists Can Do to Prevent Florida Truck Accidents

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

While many Florida truck accidents take place when cars and trucks collide, each year Florida motorcyclists are seriously injured or killed in collisions with trucks. For motorcyclists, truck accidents are especially dangerous because motorcyclists simply have fewer barriers and protections between themselves and the truck in a collision. In most cases, Florida truck accidents involving motorcyclists are fatal accidents. However, according to the FMCSA (The Federal Motor Carrier Safety Administration), there are several things that motorcyclists to reduce their risk of a serious collision with a truck:

1) Wear a helmet. According to the FMSCA and most experts, wearing a helmet is the single most important thing that motorcyclists can do to prevent the risk of sustaining serious brain injuries in an accident. Most fatal motorcycle accidents are fatal because the motorcyclist sustains a serious brain injury. However, many Florida brain injuries can be prevented by the use of safety measures – such as always wearing a helmet when riding on a motorcycle. Motorcyclists need to ensure that the helmets they wear fit properly and meet US Department of Transportation (DOT) standards.

2) Never ride in a truck’s blind spots. Trucks have large blind spots on the sides, in the back, and in the front. It is especially dangerous for motorcyclists to ride in these areas because while motorcyclists can move quickly and flexibly, trucks cannot. For example, if a motorcyclist is in front of a truck and brakes suddenly, the truck will take much longer to brake, resulting in a serious crash.

3) Use defensive driving. Keep in mind that motorcyclists are less visible to other drivers – including truck drivers. Stay extra alert of other vehicles and their lights. Avoid aggressive driving or riding in the lanes of other vehicles.

4) Avoid sudden bursts of speed. Many motorcyclists love their bikes because motorcycles respond quickly – they accelerate much faster than other vehicles. However, this can be fatal. Keep in mind that trucks take much longer to accelerate and brake. Avoid accelerating in front of a truck – you can easily collide with the vehicle.

5) Make sure you and your bike are ready before each ride. Inspect your bike and make sure you are calm, well-rested and prepared to focus on driving. Never distract yourself by using a mobile device while riding a bike. As well, make sure that you wear protective gear, including boots, jacket, and gloves.

Continue reading →

What Leads to Florida Truck Accident and Car Accident Insurance Fraud?

Published on: January 24, 2011 | By Flaxman Law Group

Some Florida truck drivers find themselves part of a staged accident – a car rams into them and the driver (or their attorney) assert that the truck driver caused the truck accident. Passenger vehicle drivers also sometimes find themselves part of this type of insurance fraud. Unfortunately, insurance industry experts note that Florida has the dubious distinction of leading the nation in car accident fraud. Several factors cause this type of fraud:

1) Fraud companies. According to the insurance industry, Florida car accident insurance fraud is highly organized, with doctors, clinics, patients, and some attorneys working together to defraud the insurers. In some cases, these companies even advertise to convince people to report false Florida truck accident and car accident claims.

2) Insurance rules. Insurance companies must pay Personal Injury Protection (PIP) claims within 30 days of an accident. Often, this does not give insurers enough time to carefully investigate a Florida truck accident or car accident to determine whether it is real or fraudulent. This is especially the case in situations where many accidents occur around the same time so that claims adjusters are spread thin. In addition, some companies aiming to defraud insurers purposely stage accident before a weekend or holiday to further reduce the chances insurers have to investigate an accident.

3) Economic loss. In many cases, companies that have organized to defraud insurance companies market themselves to the unemployed and to recent immigrants, promising them money in exchange for nothing. Unfortunately, the instances of car insurance fraud in Florida have increased since the economic downturn of 2008.

4) Perceptions of the insurance industry. Many people do not feel bad bout defrauding the insurance industry. Many polls have suggested that drivers tend to see the insurance companies are overly profitable and as charging high premiums. Some drivers even see fraud as a way to get more value out of their already high premiums.

5) Rules about clinic licensing. In Florida, some specialists who are individually licensed – including massage therapists and chiropractors – do not need to license their clinics. For insurers, it is harder to get information about these clinics and insurance companies claim that these clinics produce many of the fraudulent claims they see.

Continue reading →

Hit and Run Florida Truck Accidents

Published on: December 31, 2010 | By Flaxman Law Group

All Florida truck accidents are devastating and many are fatal. However, when the truck driver refuses to remain at the scene of the accident, the results can be even more devastating. Victims may not be offered timely help. If they need to report an insurance claim to cover medical costs, this can be more difficult in a hit and run accident, as well.

Under Florida law, all drivers must remain on the scene to help and to speak to authorities (if necessary) after an accident. Despite this, many motorists do not remain to help. In fact, according the Florida Department of Highway Safety and Motor Vehicles, Miami-Dade and Broward counties led the state in 2008 for hit and run accidents. There are many reasons why truck drivers choose to leave the scene of an accident: they may be driving under the influence, they may not have adequate licensing or insurance, or they may simply be afraid of the consequences.

Hit and run truck accidents are even more complex for a number of reasons. Truck drivers are regulated by federal laws and in truck accidents there are usually several liable parties: the truck driver, the truck manufacturer, the carrier or truck company, and others. As well, most truck drivers are protected under commercial insurance, which means they carry higher insurance limits.

If you have been in a Florida truck accident, your first priority should be to seek help. If you remember anything about the truck or its driver, write this down. Since hit and run accidents are a crime, the police will often open an investigation to find the truck driver who has left the scene of a crime. As you start to recover, you will want to keep careful records of your injuries and injury-related expenses so that if the driver is found you can seek compensation.

In hit and run cases, it is often best to seek the help of a qualified attorney. Florida personal injury attorneys often work with private investigators, who can run a more thorough investigation if police are not able to find the hit and run driver. As well, attorneys can help you find help and can offer advice on what you can do to help recover from your injuries. Once the driver is found, a good Florida attorney can help ensure that the driver is held accountable for his or her actions.

Continue reading →

Dealing With Common Florida Truck Accident Situations

Published on: December 24, 2010 | By Flaxman Law Group

After a Florida car accident involving a truck, many injured passengers and drivers are understandably confused and stressed. In many cases, Florida truck accidents lead to fatalities and serious injuries. After a truck accident, you may also find yourself in many situations which are unfamiliar:

The Situation: Someone pressures you to sign a document, implying that you will lose your right to recover money if you don’t sign right away.
The Solution: It is vital to never sign a document without reading it very carefully and discussing it with a qualified attorney. While someone may claim that you will lose your rights by not signing, all too often the opposite is true: Florida personal injury patients sometimes find that the documents they have been pressured into signing have in fact signed away many of their rights.

The Situation: You are in an accident with a truck driver, but the driver does not want to exchange information, saying “it’s just a scratch.”
The Solution: This is another dangerous situation in which you may end up losing your rights. It is vital to exchange contact information with a driver, even in the rare event that it appears that your Florida truck accident was in fact really minor. Without exchanging contact information, you have no way of filing a claim if you find out later that the accident was more serious than it initially appeared. As well, if you don’t exchange information, you have no way of claiming that you didn’t simply leave the scene of the accident.

The Situation: You are in a hit and run accident with a truck.
The Solution: This can be a very frightening situation. Contact 911 at once to get medical assistance and to report the crime. If you notice anything distinctive about the truck, such as a registration number, write it down as soon as you can. This information can help police and investigators find the driver.

The Situation: You see a commercial truck weaving on the road.
The Solution: Contact authorities at once. A truck driving by a potentially ill, intoxicated, or fatigued driver is an immediate threat to anyone on the road. By reporting the registration number and location of the truck, you may be able to help prevent a Florida drunk driving accident.

Continue reading →

What To Do After a Florida Truck Accident

Published on: December 15, 2010 | By Flaxman Law Group

No one wants to believe or consider that they may be in a Florida car accident or truck accident. Statistically, however, anyone who drives a car is likely to be in a traffic accident at some point. While a collision is terrifying, it is important to stay focused and to do the right things in order to ensure that you are fully protected under the law. If you have been in a Florida truck accidents, you need to make sure that you:

1) Get medical help. Call for help at once, even if you are not sure that you are injured. Many people face serious complications or even die because they fail to seek help in time. Some symptoms do not manifest right away. Some Florida brain injury patients, for example, report symptoms hours after an initial impact. Getting medical help for everyone involved can help save a life.

2) Do not sign anything without an attorney. You may be pressured to sign documents from an insurance company or from a truck company’s attorney. No matter what you are told, do not sign without qualified legal advice. At the very least, you deserve to know exactly what you are signing – and that means working with an attorney who has your interests in mind. Signing can mean signing your rights away.

3) Contact authorities at once. A police report can help you support your version of events and can help ensure that your accident is investigated. Most Florida truck accidents are serious, and you need to alert the authorities. Get a copy of the police report if you can or at least get the name of the police officer and other emergency personnel on the scene so that your attorney can get copies of any pertinent documentation.

4) As soon as it is safe to do so, collect evidence. Get the truck driver’s name, contact information, truck registration number, and the name of the carrier. Take video or photos of the accident scene and the vehicles involved. Keep your car – even if it is totaled. Keep copies of medical records and take photos of any injuries. The more evidence you have, the more evidence you have for your attorney.

5) Work with a qualified Florida truck accident attorney. Even if you think that your insurance company (or the truck company’s insurance carrier) will take care of you, get the advice of an attorney. Insurance companies are in business to make money – never forget that. In many cases, insurance companies do not consider all the associated costs of an accident or do not consider long-term costs, leaving you with thousands of dollars in out-of-pocket expenses. A good attorney can help you uncover the true expenses of your accident and can help you negotiate for a fair recovery.

Continue reading →

Work-Related Florida Trucking Accidents

Published on: November 12, 2010 | By Flaxman Law Group

More people are killed in traffic accidents than in all other types of accidents combined. Driving is simply one of the most dangerous things we do. Each year, more than 250 000 people are injured and another 3000 are killed in traffic accidents. Another 4000 Americans are killed in car accidents and truck accidents in the workplace. While the tragedy and the types of injuries are the same, Florida truck accidents in the workplace and off-work vary in legal liability and insurance coverage.

Many workers who must drive trucks or cars as part of their work are covered by workers compensation and their employer’s insurance in the event of an accident. This means that in an accident, it is these insurance companies that pay. However, workers who are injured in a Florida car accident or truck accident on the job may want to consult with a qualified Florida personal injury attorney at once, since liability issues can be quite complex with workplace accidents.

For example, several factors may contribute to workplace Florida truck accidents or traffic accidents. If the accident took place on company property, poor maintenance of the property, poor safety features, or poor lighting may have contributed to the accident. In these instances, the employer or the property owner may be partly liable for the accident.

As well, in workplace accidents, there tends to be a desire to settle a claim quickly, sometimes before the full extent of an injury and its causes are known. Patients may be unwilling to try to negotiate out of a fear of alienating an employer. In some cases, employers who are hurt and claim workers compensation benefits find that the benefits and coverage only cover a small portion of the lost income and the medical bills created by the Florida truck accident. Once a patient has signed the paperwork, however, there may be little recourse to recover a fairer settlement. If the patient is unable to work for an extended period of time, he or she may face serious hardships due to the accident.

A qualified Florida personal injury attorney can help offer advice and guidance and can help investigate the accident and the resulting injuries. A good attorney can determine the true costs associated with the accident and can negotiate with insurance providers for this amount. As well, a good Florida attorney can help find all liable parties, which can help ensure that a patient has as many medical bills and as much lost income covered as possible.

Continue reading →

Florida Spinal Cord Injury After a Truck Accident

Published on: November 10, 2010 | By Flaxman Law Group

A number of Florida truck accidents result in serious injuries, such as spinal cord injuries. Spinal cord damage can affect mobility as well as functioning of just about every area of the body. The impact of a Florida car accident involving a truck often cases passengers in the car to be thrown about, and this can result in trauma to the spinal cord. As well, when patients are removed from the accident scene, further trauma can sometimes happen to the spinal cord.

The extent of damage in a Florida spinal cord injury after a truck accident can vary widely, depending on the extent of the trauma, the severity of the injury, and the amount of spinal cord affected. When there is a suspected spinal cord injury during a truck accident, emergency personnel usually transport the patient very carefully to avoid too much movement. They may use a backboard and a rigid collar to help protect the possibly injury spine. Once at the hospital, doctors can use imaging to determine the extent of spinal cord injuries.

In severe Florida spinal cord injuries after a truck accident, patients may sometimes have trouble breathing. This is usually an indication of a very severe injury. Patients who are having trouble breathing may need intubation or other assisted breathing solutions to help them breathe. In addition to helping a patient breathe and evaluating the extent of the injuries, doctors will often give patients medication for pain. Sometimes, a steroid drug known as Methylprednisolone is used with Florida spinal cord injury patients because this drug may help reduce inflammation and nerve cell damage in patients.

Other treatment options for Florida spinal cord injury patients usually include axial traction or rigid braces. The idea with these options is to prevent movement which can cause further damage to the spine. Keeping the back still with braces or traction can also help doctors realign the spine.

A few days after the truck accident and spinal cord injury, doctors will usually continue to diagnose the injury with MRIs, exams, X-rays, and other tools. Many doctors use something known as the ASIA (American Spinal Injury Association) Impairment Scale to evaluate patients and to diagnose spinal cord injuries. After running a battery of tests, doctors are able to see the extent of the damage and evaluate the prognosis for the patient. Usually, at this stage the patient can start to learn how the truck accident and injury will impact their lives and for how long they can expect to deal with the consequences of the injury.

Continue reading →

Getting The Most from Your Initial Consultation After a Florida Truck Accident

Published on: November 8, 2010 | By Flaxman Law Group

If you have been in a Florida car accident involving a truck, it is advisable to consult with a qualified Florida personal injury attorney immediately. Many truck accidents in Florida result in serious injuries, such as Florida brain injuries, broken bones, spinal cord injuries, amputations, and other injuries. These injuries often mean high medical costs and lost income. Without legal help, many patients are unable to recover the total costs of their accident from insurance companies. Many good Florida personal injury attorneys provide free initial consultations to clients. This is a great opportunities to discuss your case, get legal advice, and to learn more about your options. If you make an appointment with a Florida personal injury attorney, there are a few things you can do to help make your initial consultation effective and useful to you:

1) Bring all your documentation. If you have medical records, a police report, or any information about the accident or injuries, it is useful to bring this along so that an attorney can evaluate your case. If you have lots of documentation, it may be useful to summarize the details of your case on one page for quick review. If you don’t have any documentation, you should still contact a good Florida personal injury attorney after your accident. He or she can listen to your account of the accident and offer advice based on this.

2) Choose wisely. This is not a mortgage quote, where you will want to get quotes from everyone. Select a Florida truck accident attorney with extensive experience and expertise. An attorney who understands the insurance industry is also useful, since the attorney can help you negotiate with your insurance provider. To find the right attorney, you can ask friends for recommendations, view attorney web sites and online information, or call firms to get details about experience and qualifications.

3) Write down a list of questions you have. You probably have many questions and speaking with an attorney, you will likely think of many more. Carefully write out all the questions you have about your situation and then focus on the five questions which are most important to you. This will help you focus on exactly what you need to ask the attorney.

4) Understand what you want from your consultation. Write down three goals you want to accomplish. For example, you might want to know your options or whether you have a case. Knowing your goals before a consultation with a Florida personal injury attorney increases the chances that you will actually meet those goals.

Continue reading →