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

Truck Accidents on Construction Sites in Miami and Other Communities

Published on: March 27, 2013 | By Flaxman Law Group

Construction sites are everywhere across South Florida, and in many cases they are a positive sign of economic growth and population expansion. Unfortunately, construction sites can also lead to many workplace accidents in Miami and other communities. Construction sites are also common sites for truck accidents. There many types of traffic accidents that can occur on construction sites:

1) Crane accidents. Crane accidents in Miami are one of the more common types of construction site-related accidents. Cranes can easily tip over, causing severe injury. They can also run over construction workers and employees on the ground work and drop heavy materials onto workers below. Crane accidents are likely to lead to fatalities and permanent injuries.

2) Traffic accidents caused by traffic congestion and poor signage. Inevitably, construction sites often cause traffic congestion and problems. In many cases, traffic needs to be diverted around the construction area or lanes are narrowed as workers complete their construction project. Construction crews are expected to provide proper signs to help pedestrians and motorists navigate the construction site safely. When construction site owners do not adequately warn drivers and this from negligence leads to a car or truck accident in Miami, the victims who have been injured can seek compensation through a legal claim.

3) Back-over accidents. Most construction sites have multiple workers on the ground as well as many types of equipment and trucks. Unfortunately, the combination of pedestrians and truck traffic can be disastrous. If both truck drivers and workers are not cautious, a truck or other piece of heavy equipment can easily back over a worker, causing death or serious injury.

4) Accidents caused by debris. Debris is an inevitable fact of construction sites. Whether construction crews are remodeling an existing structure or building from scratch, various types of debris can be found on the ground, including glass, tools, building materials, nails, and more. Heavy debris can cause truck accidents, equipment accidents, and minor accidents and injuries to construction workers. Construction site owners have an obligation to ensure that proper cleanup occurs on all construction sites to keep workers safe. Employees also have an obligation to wear the right safety equipment (including hard hats, work boots, and other equipment) to stay safe.

If your a construction worker and have been injured on a construction site in Miami, workers compensation in Miami may not cover the full cost of your injuries. If you have been seriously injured, especially, you may face hundreds of thousands of dollars in long-term medical bills, lost income, and other expenses. Before you make any decisions in your case, you will want to speak to a personal injury attorney in Miami about all your options.

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Think Like a Claims Adjuster to Successfully Get Compensation After a Truck Collision in Miami or Your Community

Published on: March 20, 2013 | By Flaxman Law Group

Claims adjusters investigate claims on behalf of insurance companies and make recommendations about the damages that should be awarded. The aim of the adjuster is to work quickly and effectively to place a price on the damages. If you have been in a truck accident in Miami or anywhere in South Florida and contact your insurance company, they will probably send out an insurance professional quickly to assess the damage.

For many people who have suffered a serious truck accident injury, such as a spinal cord injury or a head injury, in Miami or another community, part of the problem is that insurance adjusters want to resolve insurance claims inexpensively and quickly. This means that some injured parties find that the full costs of their injuries are not completely covered by insurance money. In order to recover as much as possible, you need to think like a claims adjuster. This means that after a serious traffic accident in Miami you should:

1) Get documentation for everything. If you have sustained a serious injury, such as a spinal cord injury, in Miami, get copies of medical records, receipts for all injury-related expenses, and any other documentation you can. Get copies of police reports, keep a journal and photos of your injuries, and any other information possible. Start documenting at the accident scene, gathering as much data and photos as you can.

2) It’s a numbers game — consider shorter-term and longer-term costs. Insurance companies do not consider the emotional or personal impact of accidents; their job is to put a financial number on injuries. When considering your injuries, consider the short-term and also the longer-term costs associated with your injuries. These costs can include rehabilitation, lost wages, lost earnings potential, medical care, and more. If you need help determining the costs, consult with a personal injury attorney in Miami. Experienced attorneys have seen similar injuries and can help you understand the total costs involved.

3) Get everything checked out. Insurance companies leave no stone unturned when investigating an accident – and neither should you. If you have been in a serious accident, get medical attention right away, even if you do not seem seriously hurt. Some injuries are not apparent right away. Review your insurance policies (including the fine print) so that you understand your coverage. Take your car to a mechanic you trust right away to determine what the damages to your car might be. The more you know about the true impact of the accident, the easier it will be to make the right decision in your case.

4) Speak with an attorney. A personal injury attorney in Miami can help you understand your rights and what you can do to get the fairest compensation possible. An attorney may be able to negotiate with insurance carriers on your behalf or can help you launch a legal claim if you feel that is the best option.

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What Are The Real Costs of Truck Accidents in Coral Gables and Other Communities?

Published on: March 16, 2013 | By Flaxman Law Group

If you have sustained injuries in a truck accident in Coral Gables or any Florida community, you will likely file an insurance claim and will get an offer from your insurance company. When evaluating any offer you receive, it is important to consider your total costs. In many cases, insurance carriers want to settle claims as inexpensively and quickly as possible. Once you accept the insurance money, however, you may have a hard time getting further compensation if you realize that your injuries cost more than you realize. Many people who sustain injuries in a truck accident or car accident in Coral Gables or another community do not realize the high costs associated with these types of injuries. These costs can include:

1) Emergency medical care. When traffic accidents in Coral Gables involve a large commercial truck, the results can be devastating. The large size of the truck can create immense damage in a traffic accident and usually results in serious injury and trips to the emergency room. Emergency medical care may be partly covered by your medical insurance.

2) Medical tests. Tests are usually required to evaluate a condition. In some cases, these tests can be quite expensive. MRI tests and medical imaging tests to check for a head injury or soft tissue injury, for example, can cost hundreds of dollars or even over a thousand dollars.

3) Medical devices. You may need neck braces, crutches, and other medical devices as you recover from your injury.

4) Long-term medical care and rehabilitation. Patients who sustain serious injuries, such as spinal cord injuries or head injuries in Coral Gables and other communities, may take months or years to recover from their injuries and often require rehabilitation as well as long-term care to recover. The costs of long-term care for a serious injury can be very high and in some cases can amount to over a hundred thousand dollars per year or more.

5) “Optional” medical care and treatment. Some insurance carriers classify some treatment as “optional” or even “cosmetic” even when this type of treatment is needed to help you return to your normal tasks. For example, if you have lost some of your teeth in an accident or have suffered burn injuries in a Coral Gables traffic accident, you may need dentures or skin grafts to repair the injuries. Some insurance companies will argue that these treatments are not necessary, however.

6) Medication. After sustaining a serious injury in a traffic accident, you may need medication. For example, you may need to take pain medication or your doctor may prescribe antibiotics if you suffer complications during your recovery.

7) Transportation to and from doctors and specialists. If your car has been damaged, you may need to repair the vehicle or have it replaced. You may not even be physically able to drive while you recover. This may mean you need to pay for taxis or rental cars to visit doctors and other professionals who are helping you as you recover.

8) Lost wages. After a serious accident, you may not be able to return to work for months – or even longer. You will need to replace your wages so that you can pay your bills.

9) Counseling. The trauma of a traffic accident may result in serious distress and may you need counseling or other forms of care to help deal with the trauma.

10) Costs associated with making your home or car accessible. If you have been seriously injured, you may need to make changes to your car or home. For example, you may need to install a wheelchair ramp at home or have your car altered so that you can use the car even with your wheelchair. These costs can be quite high.

11) Long-term loss of wages and benefits. If you are permanently injured, you may not be able to return to your regular work. You may need to take on lower-paying work and may lose some of the benefits of higher-paying jobs.

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5 Things That Can Hurt Your Claim After a Truck Accident in Homestead

Published on: March 12, 2013 | By Flaxman Law Group

If you have been injured in a car or truck accident in Homestead or any community in South Florida, your immediate concern will likely be your injuries and damages. However, you will also want to carefully consider your rights and your future. If you decide to file a legal claim at any point, you will want to make sure that you don’t do anything to harm your legal rights. The most common mistakes that people make after sustaining a personal injury in Homestead or Florida include:

1) Not getting professional advice. It is crucial to get medical and legal advice soon after sustaining any injuries in a traffic accident in Homestead or Florida. Even if you do not think you have sustained any injuries, it is important to get a thorough check-up with a qualified doctor. Some injuries – including life-threatening head injuries – may not have obvious symptoms. A doctor’s visit can save your life if you have sustained a serious injury such as a head injury in Homestead or any Florida community. In addition to seeing a doctor, you will want to get legal advice from a personal injury attorney in Homestead or your community. Commercial truck accidents are usually quite complex and an attorney can help you to safeguard your rights.

2) Not getting documentation and information. The more information you have, the better your position for getting fair compensation for your injuries. If you have been injured in a truck or car accident in Homestead or any Florida community, start keeping documentation about your injury. Get copies of the police report, any medical reports or receipts, and keep track of any other information you can. Be sure to ask plenty of questions about your injuries, your rights, and any resources available to you.

3) Your social media presence. If you are active on any social media sites such as Twitter, Facebook, and others, be cautious about what you post after your accident. If you work with a personal injury attorney, discuss your social media presence with your lawyer. In some cases, even innocuous posts – such as a description of weekend events – can be used against you in a legal claim.

4) Leaving the scene of the accident too quickly. Wait until police tell you it is okay to leave, unless you have been seriously injured and need immediate medical attention. Make sure that you exchange contact information and insurance information if the accident was relatively minor. You do not want anyone accusing you of leaving the scene of an accident.

5) Downplaying injuries or symptoms. Florida leads the country in insurance fraud, and as a result insurance carriers are concerned about anyone who might be exaggerating their injuries. In some cases, however, injured motorists understate their injuries because they want to return to everyday activities or work as soon as possible. This can be a problem, as it can aggravate injuries and can make it harder for victims to recover fair compensation for their injuries. If you have sustained an injury that makes it hard to return to work or normal activities, you have sustained a serious injury and it is important to treat the injury as such.

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What To Do If You Are In a Truck Accident in Hollywood or Any Other Community

Published on: March 7, 2013 | By Flaxman Law Group

Being involved in a car or truck accident in Hollywood or your Florida community is terrifying, but it is important to take a few simple precautions right away to protect yourself:

1) Contact the police and get a copy of the police report. The police investigate any serious truck or car accident in Hollywood or Florida that may have been caused by a wrongful act or has resulted in serious injury. It is important to contact police because they can get to the scene very quickly, document evidence, and start an investigation. The police report can contain important information about the accident and the causes behind it.

2) Exchange information but do not accept blame for the accident. Be very cautious about what you say at the scene of a traffic accident in Hollywood or anywhere in Florida. Even something as simple as saying “I’m sorry” can be construed as taking blame for an accident. When speaking to others after the accident, exchange information but stick to just speaking about the facts. Say as little as possible after an accident.

3) Seek medical attention at once. Even if you do not appear to be injured, get medical help as soon as possible. Some injuries – including serious head injuries and soft tissue injuries – do not present symptoms right away and it can be harder to prove that your injuries were caused by your traffic accident if you wait too long to get medical help. Delaying medical help can also pose a serious risk. Each year, head injury patients in Hollywood and Florida suffer complications or even sustain fatal injuries because they do not seek medical help in time.

4) Contact a personal injury attorney. Truck accidents tend to be complex situations, with multiple liable parties involved. In addition, the injuries sustained in these types of accidents tend to be serious. Speaking with an attorney who specializes in personal injury in Hollywood or South Florida can help you understand your rights and the likely total costs of your injuries.

5) Contact your insurance company. File a claim as soon as possible after your accident. Keep in mind, however, that the amount your insurance company offers is not written in stone. You may wish to consult with a personal injury attorney to determine what your injury-related long term costs may be.

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Ways to Reduce Your Risk of Being Involved in Pedestrian Accident in Miami Beach or Your Community

Published on: March 5, 2013 | By Flaxman Law Group

Miami Beach is a great city to explore on foot. Unfortunately, like many South Florida cities, Miami Beach sees its fair share of serious pedestrian accidents. These accidents are especially tragic when they involve light trucks and commercial trucks, since the pedestrian has no chance at all against these larger vehicles. The higher bumpers often mean permanent or fatal injuries to the head and abdomen area. If you are driving a truck in Miami Beach, you need to be aware that tourists and pedestrians frequently walk around the community. You can help prevent pedestrian accidents in Miami Beach by:

1) Staying well away from pedestrians when driving. Florida law requires vehicles to stay three feet from bicyclists and pedestrians. Providing extra room ensures that even if a pedestrian makes a move you are not anticipating, you will be less likely to strike the pedestrian.

2) Not driving distracted. One of the leading causes of truck and car accidents in Miami Beach and other South Florida cities is distracted driving. Distracted driving is especially a concern in terms of pedestrian accidents because in many of these accidents a driver simply did not see a pedestrian in time to avoid a collision. Taking your eyes off the road, hands off the wheel, or your mind off of driving for even a few seconds is enough of a distraction to cause a serious car or truck accident in Miami Beach or your community. When driving, make sure to keep your full focus on the road.

3) Staying sober behind the wheel. Prescription drugs, some over-the-counter drugs, and illegal drugs and alcohol all can impair your judgment and your motor skills, putting you at risk of an accident. Drunk driving accidents in Miami Beach and other communities claim far too many lives each year. Don’t become part of that statistic. If you are not sober, find an alternative route home.

4) Using your eyes to look ahead to anticipate traffic – including pedestrian traffic. In many cases, pedestrians emerge from between cars or may cross outside of regular crosswalks. Always scan the sides of the road as well as the road itself in front of you, so that you can see any pedestrians who may be trying to cross the road. Use extra caution when approaching school areas, parks, playgrounds, and other areas where pedestrians may unexpectedly emerge.

5) Taking fender benders and near-misses seriously. These can be a serious sign that you need to upgrade your driving skills or that you need to speak with your doctor about your driving ability. Near accidents can be an indication that you need a little help to drive safely.

6) Getting a rear-view camera and display that lets you see behind the truck. These devices can even come with GPS systems, so that you can get help finding your destination while also being able to see behind your car when you back up. These devices are useful in helping you to prevent back over accidents in Miami Beach or your community.

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What To Do If You are in a Truck Accident in Davie or Another South Florida Community

Published on: February 28, 2013 | By Flaxman Law Group

Being involved in a serious truck accident in Davie or your Florida community can be one of the most devastating things that happens to you. It is natural to feel frightened and upset. Due to the size and force of a commercial truck, the injuries and property damage involved with this type of collision are often devastating. The scenes of such accidents are often very difficult for victims to navigate. If you are involved in a commercial truck accident or car accident in Davie or Florida, it is important that you:

1) Get medical attention for yourself and anyone else who is injured. Your first priority after a traffic accident in Davie or anywhere in Florida is to seek help for yourself and for anyone who is seriously injured at the scene of the accident. If the injuries have the potential to be serious, call emergency personnel and avoid moving anyone who may have suffered a serious spinal cord injury or head injury. Moving the victim can make injuries worse. Even if you are fortunate enough to walk away from a serious accident, get follow-up care and a medical checkup soon after the accident. In some cases, soft tissue injuries, head injuries, and other potentially serious injuries do not manifest symptoms right away.

2) Exchange information with the truck driver. If you have been in a commercial truck accident, get information about the truck driver, the truck he or she was driving, the registration information of the truck and the driver, and contact information. Exchanging information will ensure that you can locate both the truck and the driver later on if you decide to pursue a claim.

3) Speak with your insurance company. You will generally need to file a claim with your insurance company quickly after being in your accident. Your insurance company will want to settle claims quickly, and filing promptly is important.

4) Contact a personal injury attorney in Davie or your community. Even if you have car insurance that you believe will cover some of your costs after your accident, is important to speak with a personal injury attorney in Davie or your community. Commercial truck accidents often have multiple liable parties and are often legally quite complex. An attorney can help you understand your rights and options. In many cases, a personal injury attorney can also negotiate with insurance carriers so that you get the fairest compensation possible for your injuries.

5) Decide what to do. Keep in mind that once you decide to accept an insurance amount or another offer, you may be limiting or eliminating your options for filing a legal claim down the line. In some cases, you may find that your total medical bills and lost income are significantly larger than you initially thought. For all these reasons, it is important to consider carefully and to get legal advice before you make any final decisions. You do not want to be paying tens of thousands of dollars out-of-pocket for medical expenses and lost income. Getting quality legal advice can help ensure that this does not happen to you.

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Who is Liable in Your Miami Gardens Truck Accident?

Published on: January 17, 2013 | By Flaxman Law Group

Determining liability in a commercial truck accident in Miami Gardens or Florida is often complicated, which is why working with a local personal injury attorney is a good idea. In many car accidents in Miami Gardens and other Florida communities, there is one at-fault driver. In a commercial truck accident, however, there may be multiple liable parties, including the truck driver, the truck company, and others. Who is liable often depends on the causes of the truck accident.

Truck Accidents Caused by Weather or Other Dangerous Conditions

In these situations, drivers are expected to use extreme caution to ensure that they drive safely. When drivers fail to do so, they may be held liable for the accident. Often, personal injury attorneys in Miami Gardens and other Florida communities must conduct careful investigations to determine exactly what has caused an accident.

Truck Accidents Caused by Driver Fatigue

Federal Motor Carrier Safety Regulations (FMCSRs) dictate how long commercial truck drivers can drive before taking a break. These regulations also set rules for rest periods and maximum driving time. The aim of these rules is to make sure that drivers do not fall asleep behind the wheel or drive so fatigued that their judgment and driving skills are impaired. If you are injured in a traffic accident in Miami Gardens or anywhere in South Florida, and it is determined that the truck crash was caused by a fatigued driver, both the trucking company and the truck driver may be held liable if they violated FMCSR regulations.

Truck Accidents Caused by Driver Inexperience or Under-Training

Truck companies who hire a new driver are expected to check the driver’s qualifications and must keep a record of the driver’s qualifications while the driver is working for the company and three years after the driver leaves the company. The driver’s file needs to include past employer recommendations, the driver’s work application, a copy of any road test, documentation about annual reviews, a certificate of physical qualification, any information pertaining to violations and accidents the driver has had, and additional documentation. If a driver causes a truck accident and the truck company did not maintain these records or failed to check a driver’s qualifications, both the driver and the truck company may be held liable in the case.

Truck Accidents Caused by Load Issues

In cases where a tractor trailer’s cargo is not loaded correctly, the cargo can shift unexpectedly, causing a risk of rollovers and potentially causing the truck driver to lose control of the vehicle. Multiple parties are responsible for the cargo. The persons loading the cargo are responsible for loading and securing the cargo correctly. The driver is responsible for ensuring that the cargo is secure and for reporting any issues or problems. The truck company is also responsible for any cargo transported in its trucks. In the event of a truck accident caused by cargo problems, all three parties can be held liable.

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Choosing a Truck Accident Attorney in Miami or in Your South Florida Community

Published on: January 15, 2013 | By Flaxman Law Group

If you have been in a traffic accident in Miami or in any South Florida community and you have been seriously injured, you will likely want to speak with a local personal injury attorney. Any accident involving a commercial truck, especially, tends to be complex. There will be many legal terms used in your case and you may have questions about insurance offers, paperwork, and other issues. When considering attorneys, there are many things you will want to look for:

1) Look for an attorney who is an expert in the field. The most important thing is to find an attorney with plenty of experience in cases similar to yours. Truck accidents in Miami and other South Florida communities are different than other personal injury claims. An attorney familiar with truck accident cases has likely worked with accident reconstruction experts, expert witnesses, and others who can help in this type of case. A personal injury attorney in Miami who has experience with truck accidents is also familiar with the laws and resources in this type of case.

2) Look for an attorney with experience in the courtroom and with negotiations. You want an attorney who is familiar with local courts, but since many truck accident cases in Miami and South Florida are settled out of court, you also want someone who is adept as a negotiator. Someone who understands the insurance system and can speak on your behalf with your insurance carrier is just as important as an attorney who is a professional in front of a judge.

3) Speak with an attorney (or a few) before you decide to work with one. This gives you a chance to seek the attorney’s opinion about your case and gives you a chance to ask questions.

4) Ask questions about past cases. Look for a personal injury attorney in Miami or your Florida community with proven success in truck accident cases.

5) Look for a legal professional who makes you comfortable. If you will be working with an attorney, it is important that you feel comfortable with him or her and trust them. Changing attorneys once you have filed a legal claim is complicated, so it is best to hire the right attorney for you right away.

6) Consider a consultation even if you are not sure you want to pursue legal action. Many accident survivors assume that they do not need an attorney if they don’t plan to sue. This is not true. After an accident, an attorney can do much more than help you file a claim. An attorney can investigate your accident, help you understand the likely costs of your injuries, can help you understand your rights, and can help negotiate with your insurance provider. The decisions you make after your accident can affect you and your finances for years to come, so it makes sense to at least get a professional legal opinion about your situation.

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

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

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

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

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

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

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

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

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