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

How to Avoid Being in a Truck Accident This Holiday Season

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

Truck accidents in Homestead may be more likely during the holiday season. There are many reasons for this:

•There are more trucks on the road
•There is more traffic of all types on the road
•Trucks are making more deliveries, so they are more often
•Truck drivers are often given unfamiliar routes during the holidays, because people are ordering more things, and this unfamiliarity can lead to accidents
•Truck carriers are hiring temporary drivers for the holidays, and this can lead to less careful screening of employees
•Both truck drivers and passenger car drivers are more distracted because of the busyness of the season
•There can be more DUI accidents during this time of year, due to holiday events
•The days are shorter, and visibility can be a factor

The good news is that there are ways to prevent holiday-season truck and car accidents in Homestead or your community. According to experts, there are many things you can do:

1) Take good care of yourself. Driving distracted, tired, or unwell can increase the chances that you will be involved in a traffic collision in Homestead or your community. Don’t try to do too much during the holiday, and make sure that you get plenty of rest. If you are ill, make sure that you take time away from your holiday schedule and try to rest rather than getting in your car to complete some shopping. Do not try to multitask when driving and avoid driving if you are tired or ill.

2) Make sure your car is ready for the holiday rush. A car that handles correctly is more likely to help you avoid a collision if you need to swerve suddenly or maneuver unexpectedly in order to avoid a crash. Get a tune-up for your car and make sure that it is ready for the driving conditions. For example, if you will be traveling out of state this holiday season, make sure that you have good-quality winter tires for the trip.

3) Be especially aware of trucks on the road. There will be more trucks on the road, and you will want to be aware that these trucks may be stopping or making deliveries more often. When you see trucks around you, make sure that you stay out of their blind spots and give them plenty of room to maneuver.

4) Consider visibility. Avoid driving directly behind large trucks that block your view of the road and take steps to ensure that you can see well, even with the shorter days and rains that can happen in the winter. Make sure your headlights are in good working condition and you have glasses or contact lenses – with a recent prescription – if you need them.

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Burn Injuries Sustained After a Truck Accident Can be Very Traumatic Injuries

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

Survivors of truck and car accidents in Homestead sustain a number of injuries, including head injuries, amputations, paralysis, disfigurement, and more. One of the most devastating injuries to sustain in any type of traffic accident is a burn injury. Burn injuries can occur if a fuel tank is breached and the fuel inside spills or catches fire. Truck accidents can also lead to burn injuries in Homestead because trucks sometimes carry highly flammable or dangerous materials that can ignite after the force of an accident.

Many people consider burn injuries to be simply disfiguring, but they can be extremely painful as well and can lead to loss of motor skills as well as other catastrophic results. A severe burn can affect not only the top surface layer of skin, but also the muscles underneath — and even the bones. Severe burn injuries can cause fatalities, permanent injury, disfigurement, and can even lead to paralysis or amputation.

Burn injuries are also extremely difficult because many people feel self-conscious about their burn injury and the look of the affected skin. In some cases, burn injury patients in South Florida end up experiencing depression or have trouble returning to everyday activities because they cannot cope with the stares, rude comments, and other cruelty from other people.

As if this were not enough, burn injury patients also often face difficulty in getting fair compensation for their injuries. In some cases, medical insurance carriers will claim that skin grafts and other procedures required to treat burn injuries are cosmetic and are not medically required (or covered). In addition, insurance carriers may undervalue the cost of getting treatment for burns. In many cases, burn injuries require multiple treatments over a long period of time, and this can be costly. Sometimes, insurance companies offer money upfront and it is only months later that burn patients find that the money does not cover the full costs of their treatment. Burn injury patients may also need counseling, rehabilitation, and other care in order to recover not only their appearance and self-confidence, but also full mobility.

Before you agree to accept an insurance offer, contact a personal injury attorney in Homestead or your community in order to review your situation carefully. An experienced personal injury attorney who has handled thousands of traffic accident and burn injury cases can help you understand the likely total cost of your injuries and damages. They can also help you understand what your legal options are. If the accident was not caused by you and if there are multiple liable parties or even one large defendant, you may be able to seek compensation that can help you pay for your medical treatments, lost income, and other costs.

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Head-On Collisions: What are They and Why Are They So Deadly?

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

Head-on collisions are terrifying and often involve serious injuries, including head injuries, spinal cord trauma, whiplash, internal injuries, and other serious injuries. They also often involve fatalities. These injuries are especially frustrating because they are completely preventable. Head on collisions in Homestead happen when one car enters the oncoming lane. This often happens when someone falls asleep at the wheel because they are driving fatigued or are so distracted that they do not notice that they have changed lanes.

There is no reason for a driver to be entering an oncoming lane, so in head-on collisions, the driver who is in the wrong lane is often considered to be at fault. In many of these cases, the accidents are distracted driving crashes, distracted driving collisions, or drunk driving accidents in Homestead.

These types of crashes tend to have a very high injury and fatality rate. There are a few reasons for this:

•Speed is often a factor in these accidents
•The driver in the right lane may not be expecting a car headed towards them and may not have time to react
•These crashes often cause the air bags to inflate, and these can cause secondary injury if they are defective in any way
•The force of these crashes is significant
•In many collisions, the two vehicles are different sizes and a smaller car is often severely damaged by a larger vehicle
•In a head-on truck collision, a smaller passenger car may be crushed or pushed under the truck by the force of impact
•The force of these crashes usually impacts the front of the car, where the driver is most affected
•The force of these crashes is enough to cause serious damage to the hood of the car, which can cause fuel leaks and even fire, causing burn injuries and threatening the lives of the passengers
Even though the hood of the car acts as a crumple zone, offering some protection, the high force and impact of these collisions means that many survivors walk away with serious or permanent injury and many passengers sustain fatal injuries as a result of these accidents.

If you have been injured in a head-on collision, it may seem like an open and shut case because the driver who was in the incorrect lane was obviously at fault. However, just because fault is clear, it does not mean that it will be easy to get compensation. There are many reasons why it may be hard to get compensation in these traffic accidents in Homestead:

•The at-fault driver may try to assign blame to other drivers or to circumstances
•An insurance company may undervalue the claim or the injuries
•The other driver may be uninsured or underinsured
•The other driver may be claiming that a product default or manufacturing defect in the car resulted in the accident

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How Are Truck Accidents And Car Accidents In Hollywood Different?

Published on: October 29, 2013 | By Flaxman Law Group

Commercial truck accidents are very different than passenger car accidents in Hollywood for a number of reasons:

1) There are more likely to be multiple liable parties in commercial truck accidents. In commercial truck accident cases in Hollywood, the truck driver, motor carrier, the person responsible for loading the cargo, the person owning the cargo, the manufacturer of the truck, and anyone who rented or owned the truck can all be liable parties. While a passenger car accident usually involves just the driver and their insurance company, with a commercial truck there may be multiple parties responsible for loading the truck, maintaining it, and getting it on the road. While this can increase the chances that you will get fair compensation if you pursue multiple liable parties, it can also make the case more complex.

2) Commercial truck accidents usually involve powerful teams of attorneys and strong defendants. Motor carriers are powerful companies in many cases have teams of attorneys to aggressively advocate on their behalf. It can be harder to get fair compensation in these situations since there’s often a lot of finger-pointing involved.

3) The injuries sustained in commercial truck accidents are more likely to be devastating. Head injuries, spinal cord injuries, fractures, amputations, paralysis, and fatalities are the common result of big rig and tractor trailer crashes. The larger size of the vehicles creates more force in an impact accident, and this leads to more serious injuries – as well as greater suffering and greater medical costs for the victims.

4) It may be harder for victims to get fair compensation in some truck accident cases. Many survivors in a traffic accident in Hollywood assume that car insurance companies will take care of all the costs of their injuries. However, the high costs associated with these accidents as well as the power of the defendants often means that motor carriers and their insurance companies will take steps to reduce their liability and the amount of money that they need to pay. Defendants and their insurance companies may move to reduce the costs of the damages to them, and this can make it harder for victims to get fair compensation. It is one of the key reasons why many accident survivors turn to personal injury attorneys in order to fight for their rights.

5) Commercial truck drivers and motor carriers are subject to many federal and state laws. If these rules have been violated, there may be criminal charges and in some cases accident survivors can use this to agitate for fairer compensation.

6) The victim in the car accident is more likely to be blamed in these types of accidents. Even if a truck driver was speeding or otherwise contributed to the accident, it can be easier to accuse the driver of the car, who after all has less experience and training than a commercial truck driver. If you have been accused of causing an accident, it can be even harder to get compensation and you may need to work with a personal injury attorney to get answers and compensation.

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Poor Maintenance Can be an Issue with Moving Trucks and Can Lead to trucking Accidents in Hollywood

Published on: October 22, 2013 | By Flaxman Law Group

Moving truck companies lease trucks to do-it-yourselfers who want to move themselves. Many people are eager to hire trucks for their move as it can save a lot of money when compared with professional movers and moving companies. Being able to pack yourself also provides you with more freedom and allows you to be sure that you pack everything safely and securely.

Unfortunately, a number of investigative journalism pieces and a number of consumer complaints have revealed that some moving truck companies and truck rental companies are negligent when it comes to providing safe and correctly maintained trucks. In legal claims, victims who have been injured in truck accidents in Hollywood and other communities have claimed that truck companies purposely failed to maintain their trucks, failed to respond to complaints about poor truck maintenance, and even went so far as to switch plates on certain trucks and moved them out-of-state in order to avoid having to perform basic and routine maintenance on trucks that have known issues.

When a moving truck fails to work correctly, it can mean a lot more than just a delay on moving day. In some cases, people have dealt with failed brakes, tire blowouts, and other serious complications with their trucks, which have led to truck and car accidents in Hollywood and other communities.

Unfortunately, getting help after a serious truck accident involving a rental truck can be very complicated. Trucks companies may claim that the person renting or driving the truck did something to cause the accident and that they are not responsible in any way for the damages. Often, it requires working with an experienced personal injury lawyer in Hollywood or your community in order to get the facts. A personal injury attorney can work with accident reconstruction experts and other experts who can carefully examine the truck in order to determine whether it was incorrectly maintained. If it was, you may have a legal claim against the truck company that can help you pay for additional moving expenses, medical bills, property damage, and more.

Many victims who have been injured in a traffic accident in Homestead don’t bother contacting a personal injury attorney because they fear the high cost of legal fees. However, it is important to note that many attorneys work on a contingency fee basis, meaning that plaintiffs do not have to pay for legal costs until and unless the attorney gets a settlement or court win on behalf of the client. Some attorneys also have free accident consultations so that you can learn what the likely costs of your injuries and the likely strength and value of your case might be.

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Heavy Trucks Can Be a Danger on the Road

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

Heavy trucks are a danger on the road in Homestead and across the country. According to the Highway Research Board, one commercial truck of 80,000 pounds does as much damage to roads as approximately 9,600 passenger cars. This is the legal limit for a commercial truck – illegally overweight trucks can cause even more damage.

A study from the University of Michigan Transportation Research Institute concluded that with each ton of truck weight, the risks of a fatality increase. A commercial truck of 80,000 pounds is two times at greater risk of being in a fatal collision when compared with a truck that weighs 50,000 pounds.

Safety experts agree that heavy trucks can be an extreme danger on the road. Heavy trucks that exceed safety weight limits can be a risk for truck accidents for a number of reasons:

•Overweight trucks put additional pressure on tires, brakes, and other truck systems, increasing the risk of mechanical failure and car accidents
•Overweight trucks are harder to control and can lead to a driver losing control of the vehicle
•Overweight trucks are at an increased risk of rollovers
•Overweight trucks put extra pressure and damage on the roads, which can lead to potholes that can lead to secondary car accidents
•Overweight trucks may have cargo that is incorrectly secured, which can lead to falling debris from trucks and secondary car accidents
There are a number of rules and laws in place to ensure that trucks adhere to maximum cargo loads. In addition to the paperwork required for every truck and in addition to the laws regulating cargo, truck drivers also have to pass by scales and get their trucks weighed in order to ensure that they are not exceeding maximum capacity. Despite all of these precautions, however, overweight trucks continue to drive on the roads and continue to cause traffic accidents in Homestead and other communities.

There is actually a financial incentive for motor carriers and drivers to exceed weight limits. Having one overweight truck on the road saves motor companies money because they do not have to hire additional trucks and drivers to carry the excess cargo. Exceeding weight limits can also save time as it allows drivers to head to one destination without having to wait for an additional truck.

Because of the financial incentives, motor carriers and drivers sometimes use unethical and illegal measures in order to avoid the law. They may drive along back roads in order to avoid weight stations, for example, or they may falsify information and documents about the cargo in order to make it appear that they are carrying less cargo than they actually are.

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Insurance Disputes Are Common After A Truck Accident In Hollywood

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

If you have been in a truck or car accident in Hollywood, you may assume that your car accident insurance policy will help cover you. After all, you probably spend considerable amounts of money paying your premiums. Unfortunately, many victims find that after a serious truck accident, they have a hard time collecting money from their insurance companies.

Truck accidents in Hollywood often lead to devastating and even permanent injuries. In these cases, it can be difficult for victims to get fair compensation just by consulting with their insurance companies and without working with a personal injury attorney in Hollywood or their community. The high costs of these injuries can mean that insurance companies try to resolve the claims for less than the full value of the claim. Quite simply, insurance companies are in the business of making money and large claim amounts are costly to these companies.

There are many reasons for insurance disputes after a truck accident:

•Insurance companies may undervalue the damages and injuries
•Insurance companies may fear the very high cost of the injuries and may allege that the injured party was not as seriously injured as they indicated
•Insurance companies may allege that the claim is fraudulent
•Insurance companies may claim that the injuries are not covered by the insurance policy
•Insurance company may claim that the policy is invalid for some reason
•Insurance companies may delay paying the claim amount for another reason
•Health insurance companies may allege that some injuries are the result of a pre-existing medical condition
When you are in a serious accident and you are an insurance policyholder, of course you expect your insurance company to honor your policy. When this does not occur, it is important to consult with a personal injury attorney in your community. You may have an insurance dispute claim in Hollywood or your community if your insurance company is not acting in good faith.

Even if your insurance company has made an offer, it is difficult to know whether they are undervaluing your injuries and damages without speaking with a personal injury attorney. Attorneys who have been working in the legal system for decades understand exactly how much typical injuries cost and can help you see exactly how much in lost wages you can expect to see with a specific injury as well as how many medical bills may mount up as a result of your injuries. This can help you evaluate your insurance company offers and can help you make the right decision when it comes to your future.

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Mechanical Failures That Can Lead to Trucking Accidents

Published on: October 8, 2013 | By Flaxman Law Group

According to research, many truck accidents are caused by driver error. However, a significant number of trucking accidents in Hollywood and across South Florida are also caused by mechanical failures and mechanical problems. These problems can include:

•Oil leaks and air leaks
•Brake defects
•Tire defects and tire blowouts
•Suspension defects
•Structural integrity problems
•Failed wheel bearings
•Engine problems
•Cabin electrical wiring problems
•Trailer refrigeration equipment failure
In fact, any system in the truck can fail and this can easily lead to an accident. Certain truck systems – such as the brakes and tires – are especially vulnerable to failure since the size and weight of trucks places extra pressure on these systems.

There are many reasons why mechanical failures happen on trucks. In some cases, they occur due to manufacture defects. A truck component or truck systems may simply be defective in design or manufacture, leading it to fail on the road. In many cases, however, negligence in maintaining the vehicle leads to mechanical problems and structural issues that lead to an accident. Both the motor carrier and truck drivers are expected to maintain trucks, but sometimes fail to do so due to time constraints or concerns about costs.

In some cases, mechanical failure is caused by secondary causes that lead to the problem. For example, tires may be stored for too long in a hot warehouse, causing the rubber to become compromised and fail. A very common cause of mechanical failure is overburdening the truck with excess weight above the allowed limits. When a truck is burdened with too much weight, this can place extra pressure on the tires and brakes and can cause them to overheat and fail.

If you have been in a truck accident or traffic accident in Hollywood, how can you know what has caused your accident? In many cases, it is difficult to know without a thorough investigation. If you speak with a personal injury attorney in Hollywood or your community, your attorney can launch an investigation in order to determine exactly what happened. This may help uncover multiple liable parties in your case. For example, you may have a product liability case if it is found that a truck system was defective in some way. If the truck company or motor carrier was negligent in properly maintaining the vehicle, you may be able to pursue the motor carrier for their negligence. There may be multiple causes, including mechanical failure, behind the truck accidents, and exploring all options is important if you wish to pursue justice in your case.

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What Can Passenger Car Drivers Learn from Truck Drivers to Stay Safer?

Published on: October 3, 2013 | By Flaxman Law Group

Truck drivers, although they have a very dangerous job, are less likely than passenger car drivers to cause car and traffic accidents, according to a number of studies. In fact, according to researchers, passenger car drivers are more likely to be the at-fault driver in any car accident involving a truck and car.

What do truck drivers know that helps them prevent accidents? They tend to understand that:

1) Treat driving like a job. Many motorists feel casual and overconfident about driving. They feel that they can multitask while driving or think that they can casually get from point A to point B with no problems. Truck drivers, on the other hand, treat driving like a job, because it is one. They approach it like professionals because they understand that a casual attitude can lead to traffic accidents in Hollywood and other communities.

2) Stay accountable. Commercial truck drivers are expected to stay accountable, thanks to federal and state laws and guidelines. They need to make sure that they check their cargo, tires, and truck before every drive, for example, and they are subject to medical tests and other random checks. They must also keep a travel log and note any problems as well as total hours driven. These rules tend to ensure that truck drivers stay aware of their driving time, vehicle, and other issues. Passenger car drivers may reduce their risk of a truck or car accident in Hollywood or their community by staying more accountable and by being more aware of their driving habits, their car, and their driving skills.

3) Your vehicle counts. It’s hard to prevent a collision if your car does not respond the way you expect it to. Truck drivers check their vehicles before each drive and have teams of professionals to maintain the trucks to keep them in good working order. Truck carriers replace their fleets periodically as well. Of course, tire blowouts and other issues still happen in Hollywood and other communities, but many are prevented with careful maintenance. You can help reduce your own risk of a crash by keeping your car in good shape and by getting maintenance regularly. Walking around your car before you hop in and checking to make sure that all seems well can also help.

4) Fatigued driving and distracted driving are fatal. Many car and truck accidents in Hollywood and across the country are caused by people falling asleep at the wheel and by drivers who are so tired that their response times are affected. Truck drivers are not allowed to text and drive by federal law and must take specific rest breaks when driving. Passenger car drivers can also reduce the risks of fatigued driving and distracted driving. Even though texting while driving is not banned in Florida, simply put always your mobile devices before stepping in the car. Get adequate sleep before driving and if you feel tired or ill, take another method of transportation rather than risking a car crash.

5) More training is important. Commercial truck drivers must pass much more rigorous testing and training before getting their license. Many car drivers, on the other hand, spend only ten hours of in-car driving, some classroom training and go through a testing process when they get their driver’s license. There is no re-testing or re-training, even if the driver’s mobility or health changes. Many drivers, however, can benefit from additional training or additional courses.

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Daydreaming May Be A Major Cause of Car and Truck Accidents in Homestead and Other Cities – But it is Really Hard to Do Anything About it

Published on: October 1, 2013 | By Flaxman Law Group

The Erie Insurance Group took a look at more than 65 000 fatal traffic accidents that took place between 2010 and 2011. The study found that about 62% of the one in ten accidents attributed to distracted driving were linked to daydreaming. Researchers concluded that this meant that daydreaming was five times more often linked to collisions than mobile devices.

Daydreaming is a problem for a number of reasons:

•Drivers may not be aware that they are doing it
•Daydreaming removes focus from driving, making drivers miss important information right in front of them
•There is no way to legislate against daydreaming to keep roads safer
•Drivers are not often aware of the dangers of daydreaming
•Daydreaming means that drivers are sometimes so distracted that they cannot remember entire parts of their drive
According to experts, there are several things that can be done to prevent collisions caused by distracted driving:

1) Get plenty of rest before driving. Feeling tired can be dangerous and can make it harder to focus, making it harder to avoid daydreaming. Fatigued driving has also been linked to many traffic accidents in Homestead across the country, which is another good reason to get plenty of rest before you drive.

2) Consider the possible next moves of drivers and pedestrians around you. If you don’t occupy your mind with driving, it’s all too easy to start thinking of something else, losing focus. Planning ahead and thinking three moves ahead will ensure you are thinking about driving – not something that distracts you.

3) Keep your eyes moving. Studies have shown that keeping your eyes in one place allows you to miss more visual cues, which can lead to a pedestrian accident or another type of traffic accident.

4) Be aware of the dangers of daydreaming. Many people see it is a harmless activity but the recent study does suggest just how dangerous it can be. Knowing the danger and catching yourself if you find your mind wandering can make a big difference.

5) Change up your routine and daily drive. Taking the same route can make it easier for your mind to wander, since you may be so familiar and bored with the usual scenery.

6) Chew something, especially something brittle or crunchy. Some studies have suggested that this can help curb daydreaming and loss of focus.

7) Take frequent breaks on longer drives. Longer drives are a challenge because it is difficult to focus on the road and on your driving when you have been sitting in the car and trying to focus for long periods of time. Taking breaks allows you to stretch, relax, and even eat or drink something so that you can start on the next leg of your journey feeling refreshed.

8) If you have trouble with daydreaming, set up a system to catch yourself before you lose focus. For example, you might want to check in with yourself at every stop sign or traffic light to see whether you have been daydreaming or you may want to check in at the end of every song on the radio. If you find yourself daydreaming, bring your focus back to driving.

Of course, commercial truck drivers may need to work even harder to stay aware of the risks of daydreaming. They are on the road all day, in some cases, and this can make it easier to daydream or lose focus. Staying completely focused over a long drive is especially difficult because focus takes a lot of mental agility. Drivers who daydream and otherwise allow themselves to get distracted are at greater risk of trucking accidents in Homestead and other communities.

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