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

What Should You Do if You Are in a Trucking Accident in Homestead Involving an Intrastate Truck?

Published on: February 27, 2014 | By Flaxman Law Group

Being in a trucking accident in Homestead or your community is terrifying. In the blink of an eye, your entire life could change if you suffer a serious injury. Sadly, these types of traffic collisions in Homestead and surrounding areas are still too common, even with new legislation and education campaigns.

If you have been in a truck accident, it is important that you do several things:

1) Get immediate medical help for anyone who is injured. Call 911 if anyone appears to be seriously injured. If you are dealing with spinal cord injury or possible head injury or internal injuries, do not attempt to move the injured person unless the 911 dispatcher tells you to. You could end up causing more injuries.

2) Remain calm and strategic after the accident. Tempers can run very high immediately following a serious accident. When speaking with the truck driver and anyone else involved, stay calm and stick to facts. Avoid saying anything at all that could be seen as admitting blame.

3) Get medical advice right away. Even if you feel fine, get a doctor to look you over as soon as possible after the collision. If you have sustained a head injury, soft tissue injury, or certain other injuries, symptoms might not show up right away.

4) Document everything. The more you document, the better. At the scene of the accident, get the truck driver’s name, insurance information, the name of the truck carrier they work for, and any registration and license information from the truck. Take photos of the scene if you can, with your phone if you have no camera with you. Get the contact information of any witnesses. When you get home, continue your documentation. Keep notes of any injuries or symptoms and take photos of any lacerations, property damage, or bruises you have. Keep receipts for car repairs, transportation costs, medication, and anything else. Most personal injury lawyers in Homestead agree that you simply cannot have too much documentation so write down everything and keep every bit of paperwork related to the accident and your injuries. Keep everything in one box or file for easy reference.

5) Report the accident. You will want to report the accident to police if it was serious or if you suspect that laws were violated. Get a copy of the police report.

6) Start the insurance claims process. Your insurance adjuster will want to get started on the process right away.

7) Contact a personal injury attorney. Even if you have excellent insurance, it is important to get legal advice. Truck accidents tend to involve powerful truck companies and insurance companies. There may also be multiple liable parties. You may be entitled to more compensation than you realize and this compensation can make a big difference in the quality of your medical care and the life you enjoy after your accident.

8) Practice good self-care. A truck accident is a traumatic event. After a collision, make sure that you take care of yourself. Follow your doctor’s instructions, get adequate rest, and speak to a support group or your doctor if you are having trouble with anxiety or other worries.

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Illegal Trucking Can Cause Devastating Accidents

Published on: February 11, 2014 | By Flaxman Law Group

Even trucks that are on the road legally can cause devastating truck accidents in Miami and other cities. However, some trucks are even more dangerous because they are on the road when they shouldn’t be. Illegal trucking can include:

1) Trucks driven by illegal drivers. In 2006, the U.S. Department of Transportation (DOT) reported 15,000 suspicious commercial driver’s license (CDL) holders. After an investigation, about a third of them gave up their licenses or had them revoked. Illegal licensing can take place in a number of ways. Someone who is not eligible for a CDL may falsify their identity or other documents in order to obtain a license, for example. In some cases, drivers may pay someone else to take their tests or may pay to get a fake CDL. Some safety experts think that there may be thousands of illegal drivers on the roads, and these drivers have generally not passed the strict physical tests and driving tests needed to operate big rigs and commercial trucks. Quite simply, they mean a bigger risk of truck and car crashes in Miami and other cities.

2) Trucks without adequate registration and attention to legalities. Truck drivers, trucks, and their cargo must be correctly registered and licensed with a DOT number, registration tags, MC number, and other verification. It can cost thousands of dollars to get legal operating credentials and insurance. As a result, some truck carriers in Miami are negligent in this regard and do not take all the proper steps to keep their fleets legal, which can result in traffic crashes and fatalities. In some cases, trucking companies are penalized for their actions. For example, West Palm Beach’s U.S. district court recently fined a Florida trucking company $750,000 for illegal transport of hazardous materials. In some cases, however, the illegal activities are not uncovered until after a crash has taken place.

3) Illegal trucks engaged in illegal activities. Some trucks are not legally registered and insured because of money concerns. Some, however, are engaged in illegal operations such as smuggling people or goods. In these cases, truck drivers may not be registered correctly in an effort to cover their tracks. If you are in an accident with this type of illegal truck, it can be difficult to get compensation since the truck driver’s or truck carrier’s insurance company may deny the claim. In some cases, the truck may not even have insurance.

It can be terrifying to be in a truck accident. If your truck accident involves a truck that is in any way illegal, though, it can be even more challenging. You are more likely to be involved in a hit and run accident in Miami in these cases, since a driver may decide to leave rather than risk being caught with illegal cargo or an illegal truck. The truck may be uninsured or you may find yourself involved in an insurance dispute when you try to make a claim.

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How Truck Driver Shortages Could Lead to Traffic Collisions in Hollywood and Across the Country

Published on: January 30, 2014 | By Flaxman Law Group

Florida relies heavily on the trucking industry for its agricultural industry and its many other industries. Truck drivers bring goods and products into the state and transport Florida products all over the United States and beyond. Unfortunately, the industry has been affected by a labor shortage and labor problems that could affect not only profits but also the rate of truck accidents in Hollywood and across the state.

There are a number of issues affecting the current labor shortage in the trucking industry:

1) The labor shortage is caused in part by an aging population. According to a study written by Richard Beilock of the University of Florida, the median age of Americans will be 39.1 years, up from 34 years old in 1994. The older population will mean a shrinking work force (as more people recover) but will also be bad news for an industry such as trucking, where physical demands require a younger workforce.

2) The overall work force is shrinking. In addition, Beilock notes that many are moving to white-collar and high-tech occupations that offer higher pay for less dangerous work. This can make it harder for the industry to attract the most qualified workers from a shrinking pool.

3) The turnover rate for drivers is high. According to The American Trucking Association, at large motor carriers the turnover rate for truck drivers was 104% in 2012’s third quarter. Some positions were turned over more than once during the time period, which is why the figure was higher than 100%. A high turnover rate in any profession, of course, creates problems as employers look for ways to replace lost workers. In trucking, the problem can be even more demanding because drivers must undergo screening and training as well.

4) New rules will place more demands on motor carriers to hire more drivers. Last year, hours of service rules changed so that truck drivers are allowed to drive a maximum of 70 hours per workweek, compared to the 82 hours per week allowed before. This means that most motor carriers will need to hire more drivers to make the same number of shipments as before.

Some claim that these issues do contribute to traffic accidents in Hollywood and other cities. They note that a shrinking work force and more pressure on motor carriers to hire more workers can mean that there are less demands placed on drivers and that less safe drivers may be placed on the roads just to fill demand. Others note that current drivers may be pressured to drive longer hours, which can also contribute to a higher risk of truck and car accidents in Hollywood and across the country.

Other experts point out that the current state of the industry could be good news for safety in the long run. Since motor carriers are eager to hire drivers and since truck driving cannot be outsourced, they are pushed to offer better compensation and working conditions to workers. Already, long-haul truck drivers can make 50 cents per mile or even more. Better work conditions can mean safer conditions while better pay can mean that the industry becomes more attractive to highly qualified and safe drivers. In addition, motor carriers must still abide by federal laws. Even with the labor shortage, they are responsible for putting only safe drivers on the roads.

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Truck Drivers May be Prone to Illness, Traffic Accidents Because of Their Jobs

Published on: January 28, 2014 | By Flaxman Law Group

According to the CDC, truck drivers have one of the most dangerous jobs in America. In 2004, the fatality rate for tractor-trailer and heavy truck drivers was about 11 times higher than the fatality rate for the average U.S. worker. That same year, the Survey of Occupational Injuries and Illnesses found that truck drivers had the second-highest number of injuries among all jobs. That year, about 63,570 drivers were affected by non-fatal injuries.

In addition to the risk of car and truck accidents in Hollywood and other communities, however, there is also the risk of serious illness for truck drivers. We are only now becoming more aware of the risks of illnesses and studies are showing that truck drivers may be more prone to certain illnesses due to the long hours of driving, the strain of handling cargo, and the irregular schedules they face. Studies have shown that this job results in a number of illness risks, including the risk of:

1) Heart attacks and cardiac disease. Many researchers blame the sedentary nature of truck driving for the heart attacks and heart disease that truck drivers face. Many studies have linked long periods of sitting with increased risk of mortality and heart disease, and long-haul truck drivers certainly do sit a great deal. While commercial drivers may need to load and unload, the amount of physical activity they get may not offset the many hours of inactivity. In addition, eating well on the road is a challenge, and some drivers may rely on fast food meals or on truck stop meals, which tend to be high in salt and fats. All of these conditions can lead to heart problems.

2) Cancers. A recent study by Dr. L. Joseph Su of the National Cancer Institute found a link between aggressive prostate cancer and certain occupations – specifically, truck driving, garden shop work, and work in the financial industry. Su suggested that truck drivers may face a higher risk of some cancers due to whole-body vibrations present during long hours of driving. Other studies have also shown a link between cancer and truck driving and have suggested that sedentary lifestyles coupled with limited healthy food options while on the road may play a role. Some truck drivers also deal with hazardous cargo materials, and this could potentially affect their cancer risk, some researchers note.

3) Sleep disorders. Sleep disorders such as sleep apnea affect not only drivers but can also affect their ability to drive safely. Experts say that some traffic accidents in Hollywood and other communities are caused not only by fatigue but by sleep conditions. Drivers may be more at risk for sleep disorders, according to some health experts, because of the long hours of inactivity and the shift work that is part of the job. In turn, sleep disorders increase the risk of truck and car accidents in Hollywood and other communities since these disorders can cause truck drivers to fall asleep at the wheel.

4) Obesity. While not an illness in itself, obesity can lead to diabetes, heart disease, cancer, and a host of other conditions which can be dangerous for drivers. The long hours of sitting combined with the difficulty of eating right can mean drivers are at increased risk of obesity. Unfortunately, even though obesity and many other disorders are linked to truck driving, drivers may have a hard time getting workers compensation in Hollywood and other insurance benefits for their illnesses and conditions, making it harder for them to get assistance.

5) Mental health issues. A 2012 study conducted by M. Shattell, Y. Apostolopoulos, C. Collins, S. Sonmez, and C. Fehrenbacher found that truck drivers may face an increased instance of some conditions that could lead to mental health issues. Conducting a survey of 316 truck drivers, researchers concluded that 27.9% of the drivers experienced loneliness, 26.9% suffered from depression, 20.6% reported chronic sleep issues, 14.5% admitted to anxiety and 13% suffered from other emotional problems. Researchers concluded that these were issues that could significantly affect mental health and were caused by the stresses of the job as well as limited access to health care and support on the road.

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Resources Available to Truck Accident Victims in Hollywood and Across Florida

Published on: January 21, 2014 | By Flaxman Law Group

Being in a truck accident in Hollywood or anywhere in Florida is a deeply traumatic experience and if you have been seriously injured you will need an entire team of support in order to heal physically and emotionally. It can take months or even a lifetime to heal, especially if you are permanently injured and will need to get used to new levels of ability. Luckily, there are many resources that can help:

1) Your doctor. If you are seriously injured in a truck or car accident in Hollywood or another community, you will likely be rushed to a hospital. Even if you are fortunate enough to walk away from the crash, however, it is important to consult with your doctor as soon as possible after the collision. Some injuries, including soft tissue injuries and brain injuries, may not seem to present symptoms right away but can still be very serious. When speaking with your physician, be sure to discuss any symptoms or emotional upheaval you may be experiencing. Your doctor can help you find specialists and even support groups in your area to help you deal with the aftermath of a serious traffic collision.

2) Your insurance company. Your insurance company can help you find a rental car, can help you file a claim, and can help you financially after an accident. You will want to report your truck collision to your insurer promptly.

3) Law enforcement. If you suspect that the other driver was doing something illegal or if the crash was serious, you will want to contact law enforcement. They may be able to tell you about local advocacy groups and resources and can also help you with pursuing criminal charges.

4) A personal injury attorney. Before accepting any insurance money or making any important decisions in your case, you will want to consult with a personal injury attorney in Hollywood or your community. A good attorney can review your case and can give you legal advice, so that you can evaluate compensation offers. A good lawyer can also help you find local experts, car repair shops, and other resources that can help as you heal.

5) Advocacy and support groups. Support groups and advocacy groups are excellent resources for the long-term process of healing. They can provide advocacy, counseling, and other important services. CRASH Foundation (Citizens for Reliable And Safe Highway), for example, is a support group that can help you find experts and medical services. They also provide advocacy, phone support, information, counseling, a support network, and other resources. You can reach them via their website (http://www.trucksafety.org). Another good organization is the Trauma Support Network. This group provides educational and support services for all trauma survivors – including those who have suffered loss or severe injury in a collision. This group offers online support forums, in-person support groups, and other services. You can reach them via phone (1-800-556-7890) or website (http://www.traumasurvivorsnetwork.org/pages/peer-support-groups).

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Could Driverless Trucks Help Prevent Truck Accidents in Homestead and Across the Country?

Published on: January 16, 2014 | By Flaxman Law Group

On this blog, we’ve written about self-driving cars such as the Google car. In addition to autonomous vehicles, though, truck makers are also working on making autonomous commercial trucks, and some claim that these trucks could help prevent car and truck collisions in Homestead and other cities.

Companies such as Volvo Trucks and Scania have been working on technology that would build self-driving tractor trailers and big rigs while companies such as Scania, Caterpillar, and Komatsu have been working on designs for autonomous vehicles such as dumpsters and diggers. In 2012, Volvo Trucks launched a type of autonomous vehicle platooning demonstration on public roads. The platooning self-driving trucks still rely on a truck driver, but that truck driver controls not only his or her own vehicle but also uses a digital system to control the braking, speed, and steering of two or more self-driving trucks behind him or her. Now, a new project has been announced to develop the laws and technology needed to put these types of truck trains on roads. Some experts predict this type of truck platooning could be allowed in the UK within the decade.

If this type of technology ever comes to the US, will it have economic and safety implications? Will it help to reduce the number of truck and car accidents in Homestead and across the country?

So far, in the UK, truckers have already noted their concerns about the number of jobs that self-driving trucks could cost. Economic analysts, though, have stated that the move could slash transportation costs and boost economies dramatically.

The European Union has already allowed and even demanded some types of technology that take some control from driver’s hands. For example, the EU has made advanced emergency braking systems (AEBS) mandatory for all new trucks that will be on the roads in 2018. These brakes can act without driver input to avoid or prevent crashes.

Eventually, analysts say that the aim may be for fully autonomous commercial trucks, but the semi-driverless platooning trucks may become a reality very soon in Europe. Most experts agree that driverless commercial trucks will be on the roads before the widespread use of autonomous cars. Partly, this is because truck carriers may be more willing than car buyers to invest in the technology because of the huge financial gains it can bring.

Safety experts and truck manufacturers claim that driverless trucks can be much safer than traditional trucking since there is less reliance on human drivers, who are subject to driver error. Issues such as driver fatigue are not an issue with self-driving trucks.

Critics, however, note that platooning will still rely on human drivers and any errors that these drivers make could create truly catastrophic accidents as they will involve multiple large commercial trucks. In addition, critics note that the technology has to be completely reliable, since the risks with larger commercial trucks – especially those carrying dangerous goods or hazardous materials – are so high. Despite the concerns, however, many experts agree that driverless trucks and cars are the future and the question is when, rather than if, these vehicles will dominate the roads.

What about you – do you believe that autonomous trucks will eventually help prevent traffic crashes in Homestead?

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How Truck Accidents in Hollywood and Other Cities Affect Entire Families

Published on: January 9, 2014 | By Flaxman Law Group

Traffic accidents in Hollywood cause terrible pain and suffering for those who sustain serious head injuries, spinal cord trauma, whiplash, and other serious injuries. However, researchers also note that serious car and truck accidents also have a profound impact on the families of those who are injured. In fact, according to a new book, After The Crash: Assessment and Treatment of Motor Vehicle Accident Survivors, 10-45% percent of people who are injured in the country’s some three million car accidents suffer from Post-traumatic Stress Disorder (PTSD). In fact, the study’s authors, doctors Edward B. Blanchard and Edward J. Hickling, say that traffic collisions are the leading cause of PTSD in the non-military population.

What many people don’t acknowledge is that the impact of a serious car or truck accident in Hollywood or another city doesn’t impact just the injured party. If someone suffers from PTSD or a permanent injury such as a head injury or spinal cord trauma, it is likely that the patient’s entire family may suffer as well – and currently experts say that there is not enough support and not enough resources in place for family members who suffer in this way.

After a serious car or truck collision, someone who is seriously injured may not be able to return to work and may require years or even a lifetime of medical treatment. For the family of such a patient, the medical treatments and loss of a job can also prove a big challenge. For example, a family where an income earner has been seriously injured in a crash may face financial challenges. Members of the family who have never had to work may need to get involved in order to help replace lost income and pay for medical care.

Someone who is injured may also come to rely on their family more after being seriously injured. An amputation patient in Hollywood, for example, may rely on family and friends to get to and from medical appointments and may even rely on them for everyday tasks such as grooming or getting around. Emotional support may also be needed.

Some brain injury patients in Hollywood and other cities experience symptoms such as mood swings, depression, personality changes, loss of memory, and other symptoms which can affect family members as well. Family and friends may often want to help but may not know how or may feel guilty about being unhurt or even wanting time away from the injured family member. In some cases, families can have a hard time cooperating because of the turmoil of serious injuries or may not know how to function with a seriously injured person. Studies have shown that seriously injured patients may also withdraw from loved ones or can even become dependent on alcohol or medication to cope with the pain and loss after a serious accident. This, too, can also tear a family about.

What can be done in these situations? Acknowledging that families of patients suffer as well is an important first step. Psychologists also note that family counseling and support systems for family members is also important in helping the entire family deal with the aftermath of an accident. Support for all family members ensures that the patient has a supportive family at home and that family members get the help that they need.

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On-the-Job Trucking Accidents: One of the Most Dangerous Jobs in the U.S.

Published on: December 26, 2013 | By Flaxman Law Group

Trucking is considered one of the most dangerous jobs in the U.S. In fact, safety experts agree that work injuries in Homestead and other communities are disproportionately likely to affect truck drivers when compared with others workers. According to the Bureau of Labor Statistics, truck drivers had the eighth most dangerous job as of 2010, with 682 fatalities in the industry that year.

There are many things that make truck driving such a dangerous occupation:

1) Truck accidents. Not surprisingly, one of the leading cause of fatalities in the industry is related to traffic accidents. Even though truck drivers are carefully trained and tested to minimize their risk of accidents, truck accidents in Homestead and other communities still occur. In some cases, these collisions are caused by truck driver error and in some cases they are caused by passenger car drivers or other causes.

2) Thin profit margins. Truck drivers earn about $37,930, on average, and as a result some feel pressure to take on longer hours or longer routes in order to earn more. At the same time, within the industry profit margins are not large, due in part to high overhead and the rising cost of fuel. This means that motor carriers and others in the industry sometimes have financial incentive to cut costs. In some situations, this leads to dangerous situations. For example, if motor carriers try to cut costs by hiring inexperienced drivers, truck and car accidents in Homestead and other communities can be the result. Cutting costs on fleet maintenance can lead to tire blowouts in Homestead and other cities.

3) Difficult hours. Overexertion leads to about 23% of nonfatal injuries in the industry. Long hours and shift work can mean that fatigue plays a role in some truck crashes. Even though federal rules dictate how long truck drivers can be on the road before they must rest, in some cases shift work leads to sleepiness, even when drivers take the required number of rest breaks. In other cases, truck drivers are pressured to take on unsafely long hours in order to make tight deadlines.

4) The size and weight of commercial trucks. Commercial trucks weigh up to 40 tons and travel quickly on highways and roads. In a collision, the size and force of a truck is enough to cause serious injury and fatalities. The size and weight of trucks routinely leads to fatalities, head injuries, spinal cord injuries, fractures, amputations, and other serious and permanent injuries.

5) Health issues. The shift work required of truck drivers, coupled with the sedentary nature of truck driving, can lead to a host of health problems, including obesity, sleep apnea, cardiac issues, and other health problems. On the road, these illnesses can lead to medical emergencies that could cause a truck to careen out of control.

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Could Holiday Pressure and Work Conditions Be Contributing to Trucking Accidents in Hollywood and Other Cities?

Published on: December 19, 2013 | By Flaxman Law Group

At this time of year, authorities and law enforcement are especially concerned about truck and car accidents in Hollywood and across the country. Many people who drive vehicles for a living are under pressure at this time of year and according to experts there are many reasons why work conditions at this time of year could contribute to more work accidents in Hollywood involving vehicles:

1) Extra holiday pressure can mean longer hours. Commercial truck drivers have the number of hours they can drive regulated by federal agencies. However, not every employee is regulated in this way. An employer may send out an employee in a company truck, for instance, in order to make a delivery to an important client. And even in the case of commercial truck drivers, some motor carriers may feel pressure to have drivers make deliveries that violate hours of service rules.

2) The holidays can mean more DUI accidents. Commercial truck drivers are carefully monitored to ensure that they do not drive drunk. There are checks and strong penalties in place to ensure that commercial truck drivers drive sober. However, they may still have to deal with motorists on the road who decide to drink and drive and in some cases even trained commercial drivers may not be able to avoid a DUI accident in Hollywood due to another driver’s recklessness.

3) Deliveries at this time of year can mean tighter deadlines. There is a lot of pressure on truck drivers at this time of year to make more deliveries in a shorter time frame. Customers want purchases delivered and most businesses have holiday specials or events that require deliveries of inventory or other products. All of this can mean more rushing and more pressure, which can lead to fatigue, overwhelm, and preventable mistakes. Unfortunately for truck drivers, their mistakes can lead to serious traffic crashes in Hollywood and other cities.

4) There may be more drivers on the roads. Holiday time means more traffic as more drivers are on the roads trying to take care of holiday shopping and other errands. More traffic combined with tight deadlines can mean a great risk of collisions for big rigs and tractor trailers, especially since these vehicles need more room to turn and park. Due to holiday traffic, some drivers may be less willing to give drivers adequate room, and this can lead to parking lot crashes as well as squeeze play accidents in Hollywood and other Florida towns.

5) There may be more less experienced drivers on the roads. Many businesses hire seasonal drivers and motor carriers also feel pressure to put more drivers on the roads to meet demand. Unfortunately, newly hired drivers may not be familiar with a specific area or specific route and may be more at risk of an accident, especially with the other risks involved at this time of year.

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Squeeze Play Truck Accidents

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

Squeeze play truck accidents occur when large commercial trucks have to make a turn right and have to first swing the front of their truck left in order to avoid obstacles and make the right turn. If a vehicle is trapped between the curb and the rig on the left-hand side of the truck, the smaller vehicle can be crushed in what is known as a squeeze play truck accident.

Unfortunately, squeeze play truck accidents are all too common in Hollywood, Homestead, and other South Florida cities. These Hollywood traffic accidents are especially devastating because fully loaded commercial trucks can be more than 15 times heavier than a passenger vehicle. A smaller car has literally very little chance against a large truck. In these types of accidents, passengers of the smaller car could suffer fatalities, head wounds, spinal cord injury, fractures, paralysis, and other devastating or permanent injuries.

Truck drivers are expected to pass rigorous testing and enroll in extensive classes in order to learn how to avoid accidents. In many cases, squeeze play truck accidents are fully preventable because drivers are supposed to carefully check to make sure that they have enough space to make a safe left turn and they are expected to use additional precautions when they are sharing the road on narrow city streets or in busy areas where there is plenty of other traffic. Despite this, truck drivers may drive distracted, inebriated, or maybe undertrained and not be able to prevent these types of accidents.

If you have been injured in a car accident in Hollywood that involves a truck, it is important to consult with a personal injury attorney. A personal injury attorney in Hollywood or your community can help you understand whether you have a case and the possible value of your case. You may assume that car insurance will cover all of your costs, but insurance companies often try to settle claims for low amounts in order to increase profits for their shareholders. A personal injury attorney can often help find multiple liable parties or can at least negotiate with your insurance carrier to see whether it is possible to get a fairer settlement amount for you. Keep in mind that once you accept insurance money you may have signed away some of your rights to pursue compensation later on. Even if you find out that your injuries end up costing you more than you think, you may have little legal recourse, which is why it is important to consult with a personal injury attorney first.

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