Item: Flaxman Law Group
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Author: Clara Barman

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.

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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.

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Don’t Get Taken in By a Scam After Your Florida Truck Accident

Published on: November 3, 2010 | By Flaxman Law Group

After a Florida truck accident or car accident, you will likely be frightened and worried. You may worry about the medical costs or the lost income you are facing and you may feel overwhelmed by the insurance claims process or forms you need to sign. Unfortunately, there are some people who will take advantage of your situation and may try to create further problems for you by luring you into scams.

Recently, for example, police have been investigating a fraudulent accident help line known as Latina de Accidentes. Authorities allege that while the accident line claimed to send interpreters to accident victims, the people who operated the business pressured callers to commit medical fraud by claiming injuries they did not have.

If you have been in a Florida car accident or truck accident, there are many red flag signs you will need to watch out for:

1) Attorneys who guarantee a result or a recovery amount. No experienced attorney can guarantee an outcome for your case. By hiring a qualified, experienced attorney, you can increase the odds of a fair recovery. However, attorneys know that there are simply no guarantees in a Florida car accident or truck accident case and honest attorneys will make this clear.

2) Insurance professionals who claim you will not receive any money unless you sign a document immediately – without reading it carefully. You should never sign a document after your accident without first consulting a good Florida personal injury attorney. If someone pressures you into something you don’t understand, be wary. You could end up signing away your rights for a lowball offer.

3) Drivers who try to get you to accept blame or try to get you to drive away from any accident. If you have been in a Florida truck accident or car accident, you should not accept any blame. There is simply no way to tell who is liable without a good investigation. Similarly, you should always exchange contact information, insurance information, and license plate numbers with the other driver. If you do not, the other driver may accuse you of a hit and run accident.

4) “Too good to be true” offers. If someone offers you something that simple seems too good to be true – like a guarantee of a million dollar settlement for very minor injuries – proceed with caution. Often, scammers make elaborate offers to hook you in. Always consult with a legitimate and experienced Florida personal injury attorney before agreeing to anything after your accident.

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Could Texting and Cell Phone Bans Reduce or Increase Florida Truck Accidents?

Published on: November 1, 2010 | By Flaxman Law Group

Florida legislators have tried to pass legislation that would ban cell phone use and texting while driving for years but have been unsuccessful. While supporters of such legislation claim that texting and cell phone bans for drivers would help prevent Florida truck accidents and car accidents, others claim that texting and cell phone bans might actually increase traffic accidents.

While it seems counter-intuitive, given the media coverage about the dangers of texting, some experts note that many commercial truck drivers rely on cell phones to communicate while on the job. If a cell phone ban was in place, drivers would have to pull over frequently in order to contact their dispatcher or company, and these sudden stops could actually increase the number of Florida truck accidents. As well, if hand-held devices were banned, truckers and motorists would still likely be able to use hands-free phones, and there is no confirmation that such devices are not just as dangerous as regular mobile devices.
As well, opponents of texting bans point out that texting and cell phones are not the only distractions causing Florida truck accidents. In fact, many Florida car accidents and truck accidents caused by distracted driving are caused by a myriad of distractions. Drivers put on make up, change music, adjust GPS devices, chat with passengers, shave, change clothes, drink, sip coffee, and do many other things while driving. All of these behaviors are a distraction and are potentially risky. However, it is impossible to create individual legislation banning each of these possible distracting behaviors in cars or trucks. It’s just not feasible. Therefore, a texting ban alone might not help prevent Florida truck accidents and traffic accidents caused by distracted drivers, simply because many other types of distracted driving would remain.

Many opponents of the texting ban also note that enforcing the ban would be almost impossible and would stretch law enforcement resources even further. If a ban were in place, some experts predict, some drivers would simply keep their mobile devices in their lap while texting, making it hard for law enforcement to see who was breaking the law. In addition, keeping mobile devices on laps while texting might result in even more Florida truck accidents and car accidents, according to experts, as it would cause drivers to see the road even less.

Advocates of texting bans note that many Florida bus accidents, train accidents, car accidents, and truck accidents have been linked to cell phone use and texting specifically and that even if the legislation saved only some lives or prevented some injuries the law would be worth passing. Opponents note that every new technology – even the introduction of the radio in cars – has been greeted with similar concerns about safety until drivers simply got used to the new technology.

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Authorities Ask for Common Sense to Help Prevent Florida Truck Accidents and Car Accidents

Published on: October 29, 2010 | By Flaxman Law Group

While some states have passed laws which ban texting while driving, Florida has no such laws. It is not for lack of trying – in the past few years, Florida’s lawmakers have tried to pass such legislation eight time and have simply not been successful. So far, nineteen other states have laws which restrict or ban cell phone use or texting behind the wheel. There are good reasons for these laws. Numerous research studies have shown that using mobile devices while driving is a major source of distracted driving and accidents. Florida legislators have noted that texting bans might help prevent Florida truck accidents and car accidents caused by distracted driving.

Although Florida so far does not have any texting while driving bans in place, Florida law enforcement authorities can issue tickets and citations to texting drivers if the drivers engage in risky behaviors as a result of texting. For example, if a driver is driving recklessly because he or she is texting, the driver can be cited for reckless driving. Distracted Florida drivers often run stop signs or lights or make other mistakes because they are texting rather than focusing on the road. Obviously, such infractions will result in tickets, so texting while driving can still result in tickets in Florida.

According to the Highway Patrol, Florida drivers engage in other distracting behaviors while driving – which can just as easily lead to a Florida car accident or truck accident. Eating, adjusting the radio, shaving, applying makeup, drinking, adjusting the GPS, and chatting with passengers are all distracting behaviors which can lead to Florida truck accidents and traffic accidents.

Police authorities and law enforcement in Florida are warning drivers not to text and drive, even though there is currently no legislation specifically prohibiting the behavior. Many law enforcement agencies point out that driving is dangerous, even though it may feel familiar and safe. All motorists need to use common sense and put their full attention on the road to prevent Florida truck accidents and car accidents, warn law enforcement agencies.

Authorities note that legislators cannot pass laws prohibiting every specific sort of distracting behavior which can be dangerous on the road, so it is up to drivers to exercise common sense in order to help prevent Florida truck accidents and car accidents. If motorists need to talk on cell phones while driving, law enforcement authorities note, it is best to use a hands-free cell phone model which allows motorists to keep both hands on the wheel and their eyes on the road.

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Health Conditions Can Mean Florida Truck Accident Risks

Published on: October 27, 2010 | By Flaxman Law Group

Much has been written about truck drivers and motorists who cause Florida car accidents and truck accidents due to the choices they make. For example, Florida drunk driving accidents are so difficult to cope with because they are so preventable – one person’s decision to drive under the influence leads to this type of accident, which can affect many lives. However, in some cases, Florida truck accidents and car accidents are caused by medical conditions. A motorists or truck driver may unknowingly have a condition which causes severe symptoms which can affect driving ability. Common conditions which can lead to Florida car accidents and truck accidents include:

1) Strokes. Strokes can occur at any time, but when they occur behind the wheel of a car or truck, they can result in a serious in a serious truck accident. A patient who has had a stroke usually suffers from problems with mobility and memory, which can also severely impair driving ability. Visiting a doctor often and looking for risk factors – such as high blood pressure – can help prevent strokes.

2) Cardiac illness. Cardiac illness can include everything from irregular heart beats to genetic defects to heart attacks and heart failure. When a cardiac event occurs on the road, an accident is almost guaranteed as the victim quickly loses consciousness. Patients with heart problems need to be evaluated by a physician to determine their fitness to drive.

3) Diabetes. Type 2 diabetes can strike at any time, especially in patients who are obese. Diabetes and problems with blood sugar can cause many serious and dangerous symptoms, including dizziness, weakness, and loss of consciousness. Drivers who have diabetes must carefully manage their conditions to avoid accidents and patients who are at risk of diabetes need to be tested frequently to ensure that they do not develop the disease without realizing it.

4) Sleep disorders. Sleep disorders such as sleep apnea are responsible for many Florida truck accidents and car accidents. When drivers have sleep disorders they are often unaware of the problem. They may feel more tired than usual, but they often do not see this as a symptom. Unfortunately, sleep disorders ensure inadequate sleep, which means that drivers with these conditions are more likely to fall asleep at the wheel and cause a Florida truck accident or car accident. Any sudden fatigue should be investigated promptly by a physician to rule out an illness.

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Could Tax Laws Change the Number of Florida Truck Accidents?

Published on: October 22, 2010 | By Flaxman Law Group

According to a study completed by the University of Florida, deaths from car accidents, truck accidents, and other traffic accidents decrease an average of 11% in areas where alcohol taxes are introduced. The overall death rate decreases by 35%, while violence decreased by 2% and crime reduces by 1.4% after the introduction of such taxes. The results of the study, published in the American Journal of Public Health, have stirred debate about the role of alcohol in traffic deaths.

According to Alexander Wagenaar and his colleagues at the University of Florida, who authored the study, there is a direct correlation between the cost of alcohol and the rate of drinking. When alcohol prices increased by 10%, drinking rates decrease approximately 5%. According to the Florida study, the higher the taxes on alcohol, the lower the rates of injury, death, drug use, risky sexual behavior, drunk driving, traffic accidents, violence, and crime. In fact, only suicide rates seemed unaffected when it came to fatalities potentially affected by alcohol.

According to the study’s authors, about 85,000 fatalities in the US each year are alcohol-related. While Florida drunk driving accidents are an obvious problem, the new study seems to suggest that simply increasing the price of alcohol can have a significant impact on traffic accident rates. Taxation can also be a more cost-effective solution than awareness campaigns. Taxes on alcohol can help communities raise money, while ad campaigns often require money. As well, alcohol taxes do seem to have a significant and measurable impact on reduced traffic fatalities.

Although the study focused on preventing traffic deaths, it stands to reason that an increase in Florida alcohol taxes can also help reduce Florida personal injury rates stemming from Florida pedestrian accidents, truck accidents, and other traffic accidents. While many truck accidents result in fatalities, many also result in long-term or permanent injuries, such as spinal cord injuries, brain trauma, burn injuries, amputations, and other injuries. These injuries are devastating and can result in a devastated life. Reducing the number of Florida drunk driving accidents can help reduce these injuries as well.

Of course, companies selling alcohol products note that alcohol taxes hurt business. As well, many consumers oppose the idea of alcohol taxes, arguing that people who drink responsibly are forced to pay more because of a few people who do drink and drive. It’s a difficult debate. On the one hand, increasing prices can help prevent accidents. On the other hand, it can also hurt business and cost customers who do drink responsibly.

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Florida Trucking Accidents and Your Finances

Published on: October 20, 2010 | By Flaxman Law Group

Florida trucking accidents and car accidents cause deaths and considerable suffering every year, but they also have a severe impact on victims’ finances. Some experts believe that truck accidents cost more than twenty-four billion dollars annually in damages. Car and truck accidents involving a large commercial truck with two or three trailers average about $117,309 in damages per collision. These costs can include property loss and damage, pain and suffering, medical costs, and lost income as well as related expenses. While insurance is meant to help Florida traffic accident victims deal with the catastrophic costs of truck accidents, in many cases victims are unable to recover all the damages associated with their injuries. Some Florida car accident and truck accident victims face bankruptcy, reduced quality of life and even eviction or foreclosure of their homes due to the financial devastation of a truck accident.

There are many reasons why Florida truck accidents cause this type of financial devastation to insured victims. One reason is that insurance companies sometimes estimate the total costs associated with an injury. In some cases, insurance companies offer a low claims amount, based on immediate medical costs. However, Florida brain injury victims, spinal cord injury victims, and other injury victims may face a long lifetime of reduced earnings capacity as well as considerable medical bills.

As well, insurance companies sometimes underestimate the total costs involved with an injury. For example, they may pay for car damage, immediate medical costs and immediate lost wages without paying for medical devices, long term treatment or specialty treatment. A Florida burn injury victim, for example, may need counseling, a series of expensive skin grafts, and other rehabilitative treatments. However, an insurance carrier may only agree to pay for basic doctor’s visits.

Due to this problem, it is very important for Florida truck accident victims to speak with a good Florida personal injury attorney soon after the accident. Once statements and insurance papers are signed and once a claim amount has been given, it may be too late to pursue a fairer settlement that covers all medical expenses, which is why it is important to contact an attorney first. An initial consultation with a good attorney can at least give a patient a sense of their rights and options.

Another common problem that affects Florida truck accident victims is the amount of time it can take in order to recover damages for an accident. After a Florida truck accident, a patient may immediately face lost income as well as substantial expenses. However, the claims process can take a long time. While waiting for the insurance money, a patient may be facing severe financial stresses. In some cases, insurance companies promise quick payment in exchange for the patient agreeing to a low claims amount. This places the patient in a difficult position: They can have some much-needed money immediately but may still face many tens of thousands of dollars in costs out of pocket.

A good Florida personal injury attorney can help with this, as well. A good attorney can pursue a case aggressively, to make sure that the injured plaintiff gets as much damages covered as possible. A good attorney can also advise a plaintiff who is in financial distress and offer advice about ways to survive financially while a legal claim works its way through the courts.

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The Law and Florida Truck Accidents

Published on: October 18, 2010 | By Flaxman Law Group

If you have been in a Florida car accident involving a truck, legal issues may initially be the furthest thing from your mind. Initially after a traffic accident, your main priority is generally to get medical attention and to contact your loved ones and your insurance provider. However, Florida laws very much affect how your accident case and claim will proceed. There are many pieces of legislation that can affect every aspect of your case:

1) Federal regulations regarding evidence. Under federal rules, commercial trucking companies and carriers must keep evidence related to drivers and their performance – evidence such as driver logs, for example. However, carriers only need to keep this evidence for a specific period of time, after which time they can destroy it. This is one reason why it is so important to work with a Florida personal injury attorney if you have been in a Florida trucking accident. An attorney can secure a court order or take other steps to ensure that evidence is preserved.

2) Regulations regarding insurance. Every Florida driver needs to have, at minimum, liability insurance to drive a car. Commercial trucks are required to have even more insurance in order to protect any victims in a Florida truck accident. The exact amount of insurance a truck company must carry depends on the materials being transported. Trucking companies responsible for carrying hazardous materials, for example, must generally carry far more insurance than companies hauling safer items.

3) Laws regarding liability. In order to recover money for lost wages, wrongful death, pain and suffering, property damages, medical expenses, and other costs, Florida car accident and truck accident victims generally need to show that a driver or truck company acted negligently in some manner and this negligence led to the accident. Obviously, proving negligence can be challenging without the assistance of a good Florida personal injury attorney. Florida personal injury attorneys have access to private investigators and other experts who can carefully research and investigate all the causes of an accident, with an eye to establishing liability.

4) Florida rules regarding damages. In order to recover damages, a Florida personal injury plaintiff must show that he or she has suffered damages. In some cases, it is very easy to establish this. For example, if the victim is a Florida spinal cord injury patient or has sustained serious burn injuries or other types of injuries, proving damages can be simple. However, some types of damages – such as psychological trauma, for example, or whiplash, are not so easy to establish because no conclusive tests exist for these conditions. As well, establishing the total costs for an injury can be difficult and a matter of negotiations, especially if an insurance carrier insists that the claim amount should be modest. A good Florida personal injury attorney can help protect a Florida traffic accident victim in these circumstances.

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When You Need to Run for an Attorney After a Florida Truck Accident

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

If you have been in a Florida truck accident that has resulted only in a fender bender, you can often handle the claim through your insurance provider. However, most Florida car accidents involving a truck do not end so happily. Many serious Florida brain injuries, amputations, fatalities, spinal cord injuries, and other serious injuries occur each year as a result of truck accidents. There are many reasons besides these why you may wish to see a Florida personal injury attorney immediately:

1) Someone has been injured in the accident. If you or a passenger have sustained a serious or permanent injury, you need to speak to a qualified Florida personal injury attorney at once. Florida spinal cord injuries, burn injuries, brain injuries, and other serious injuries caused by truck accidents can be very costly to treat and most insurance policies only cover a fraction of the total costs over time. It is important to speak to a good attorney to protect your financial future.

2) You have lost significant time away from work or other duties due to the accident. With lost income, you may need to go into debt or face financial hardship due to the accident. Some people even find themselves facing bankruptcy or foreclosure after a serious Florida pedestrian accident, car accident, or truck accident. A good attorney can ensure that you are compensated for the income you have lost.

3) Fault and liability are an issue. If you are being accused of causing the accident or if it looks as though your claim amount may be reduced due to liability issues, it is important to consult with an experienced Florida personal injury attorney. If a police report suggests that you are at fault or contains errors or inaccuracies, it is also vital to speak to a Florida lawyer. A good attorney can ensure that your rights are protected.

4) The accident was complex. If pedestrians or multiple cars are involved in a Florida car accident, liability issues and damages become more complicated. In this case, it is often best to work with a Florida truck accident attorney who has extensive experience in examining the details of complicated accidents.

5) If the accident involves a government vehicle or takes place in a construction site. These situations are legally more complex. Government employees are protected and it may be harder for you to recover all the damages needed for your medical bills, for example, if you are involved in an accident with a government truck. Construction site accidents are also more complex because determining liability in these cases is often challenging.

6) You start to have insurance problems. You rely on your insurance to protect you in the event of an accident. However, if after your accident you find that your liability coverage is too low or if your insurance companies claims you are not covered, it is time to speak with a qualified attorney. Similarly, if your insurance provider stops taking your calls or starts to act unusual or has you speak with the insurer’s attorney, it is imperative to involve a very good Florida personal injury attorney on your behalf. Insurance problems can be very costly and often a good attorney can better resolve these issues.

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