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

Risky Situations that Can Lead to Truck Accidents in Miami Beach and other Areas of Florida

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

The majority of truck and car accidents in Miami Beach and other South Florida communities occur due to driver error. However, there are number of hazards that can contribute to driver error and can increase the risk of a traffic accident:

1) Poor weather. Inclement weather – including severe storms, rains, and other weather patterns — can reduce visibility, cause debris to fly out onto the road, and create slick conditions that can increase the risk of a traffic accident in Miami Beach. If you’re going to be driving for a long time, especially, it is important to check weather reports and make sure that you are prepared for any weather conditions that may arise. Keeping your car in good condition is also important to help avoid weather-related car accidents. Properly working brakes, windshield wipers, and other car components can increase the likelihood of avoiding a collision.

2) Traffic congestion. Heavy traffic can increase the risk of a car accident or truck accident in Miami Beach and other communities for a number of reasons. Traffic congestion can increase instances of road rage and impatience, for instance, which can lead to accidents. In addition, heavy traffic can make it harder to see around vehicles in front of you, increasing the risk of an accident. Heavy traffic can be especially dangerous because in high-traffic situations, accidents involving multiple vehicles are more likely. To avoid an accident caused by this issue, listen to traffic reports so that you can avoid traffic delays.

3) Secondary car accidents. Accidents can easily lead to secondary traffic collisions. When one accident occurs, other drivers may slow down to look or may become distracted by the collision. In addition, a serious car accident or truck accident in Miami Beach can cause debris to fly back towards traffic, potentially leading to other accidents.

4) Road work and construction sites. Construction sites and road work can be a distraction for drivers and can increase the risk of an accident. In many cases, road work, especially, can cause detours, obstacles, and debris, all of which can lead to a traffic collision. Avoiding road work and construction is one way to avoid collisions. Try to find alternative routes around known construction areas and work sites.

5) Road conditions. Potholes, poorly constructed roads, and other issues can easily lead to serious car accidents and traffic accidents in Miami Beach and other communities. When municipalities are negligent in maintaining roads correctly and when this negligence leads to injuries and accidents, personal injury victims in Miami Beach and other communities can seek compensation through a legal claim.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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FMCSR Aims to Halt Fatigue-Related Truck Accidents in Coral Springs and Florida

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

Fatigued driving is known to be one of the most common reasons for car accidents and truck accidents in Coral Springs and across Florida. Preventing fatigue-related car accidents in Coral Springs and other communities can be tricky, however, since passenger car drivers are not bound by the same strict federal regulations as commercial truck drivers. However, FMCSR regulations for truck drivers are strict and experts believe that these regulations, when followed, help prevent accidents. These rules include:

1) A provision which holds motor carriers and truck drivers responsible for fatigued truck drivers. If a driver is impaired and tired due to illness, fatigue, or any other cause and may be unsafe behind the wheel, it is the responsibility of both the truck driver and the motor carrier to not permit the driver to operate a truck. This rule ensures that if you are in a traffic accident in Coral Springs that is caused by fatigue truck driver, both the motor carrier and the driver may be held liable. This can improve your chances of getting fair compensation in your case.

2) Commercial truck drivers cannot drive more than eleven hours consecutively after 10 hours off duty. This rule ensures that truck drivers get adequate rest and are not encouraged to drive to the point where there so fatigued that they are at risk of a truck accident.

3) Commercial truck drivers cannot drive after having driven 60 hours during 7 days consecutively. This applies to all motor carriers who do not operate commercial trucks seven days of the week. This rule ensures that truck drivers get adequate rest and don’t work overly long weeks.

4) Commercial truck drivers cannot drive after having been on duty fourteen hours after a 10 hour break off-duty. Truck drivers who are not actively driving may still be on duty and working. For example, they may be overseeing the loading of cargo or waiting for a truck to be loaded. By counting these hours as work, too, federal regulators ensure that truck drivers don’t work long hours which can lead them to be in a accident.

5) Commercial truck drivers cannot drive after having been on duty for 70 hours over 8 days consecutively. This rule applies to motor carriers who operate commercial trucks seven days a week.

6) Drivers need to be off duty for 34 consecutive hours to reset the seven or eight consecutive days described in FMCSR.

7) A commercial truck driver with a sleeper berth in his or her truck needs to have at least ten hours consecutively off duty or in the sleeper berth before beginning to drive again.

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Could Mindlessness Lead to Car and Truck Accidents in Miami Springs and Across Florida?

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

A new study published in the British Medical Journal has concluded that mind-wandering can contribute to car accidents. The study’s authors spoke with 955 injured drivers who were admitted to Emergency Rooms. In 47% of cases, researchers determined that the injured driver was the at-fault driver and in half of those cases the driver was engaged in mind wandering before the crash. In 13% of cases, the mind wandering intense and disruptive. According to researchers, mind wandering involves thinking about tasks other than the task at hand.

While drivers are aware that drunk driving accidents in Miami Springs and across Florida claim lives and while motorists are becoming increasingly aware of the dangers of texting and driving, experts agree that there is less awareness about the other types of distractions. While much has been written in the media about mobile devices causing truck accidents in Miami Springs and across the nation, there is less public awareness of the fact that any distraction – even emotional distraction – can lead to roadway accidents.

When we are not mindful while driving, our full focus is not on the road. We may miss important information – such as traffic lights or pedestrians – because we are not paying attention. This can easily lead to a collision. There are many things that truck drivers and motorists can do to prevent mind wandering:

1) Avoid excessive driving. Of course, truck drivers have hours of service rules that are designed to ensure that drivers get adequate rest. Non-commercial drivers in passenger vehicles, however, need to be responsible to themselves in ensuring they get enough rest and frequent breaks when driving. It’s harder to keep focus on driving over very long distances, so if you travel often you can prevent truck and car accidents in Miami Springs or in your community by making stops to rest.

2) Find savvy ways to deal with emotional problems. In many cases, our minds wander because we have a worry or concern gnawing at us. Rather than just thinking about the problem, try discussing it with a trusted friend or writing in a journal about it. Dealing with issues rather than mulling them over is more productive – and safer if you are driving.

3) Get in the habit of evaluating your emotional state often. If your mind tends to wander often or you tend to daydream while driving, set up some system for evaluating your emotional state as you drive. You could evaluate your focus at every stop light, for example. Frequently reminding yourself that you need to focus fully on driving can break the daydreaming habit.

4) Get plenty of sleep. It is much harder to focus when you are tired, and fatigued driving has been linked to traffic accidents in Miami Springs and across the country. Adequate rest will make you a safer driver.

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Driving Tips To Help You Avoid Truck Accidents in Coral Gables

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

Each year, truck accidents in Coral Gables and across South Florida occur because drivers make simple mistakes that lead to collisions. To help avoid car accidents in Coral Gables involving trucks, there are many things that you can do:

1) Allow trucks to have right of way. Do not cut trucks off, especially if they may be braking. Trucks take longer to stop than passenger cars, so cutting commercial trucks off can lead to an accident.

2) Stay out of trucks’ no zones. Commercial trucks have large blind spots – known as “no zones.” These tend to be behind and along the sides of the truck. In general, if you cannot see the truck driver in the truck’s side mirrors, the truck driver cannot see you. Driving in a truck’s no zones increases the risk of an accident, since the driver may not realize you are close to the truck and may back up or try to change lanes.

3) Keep at least four seconds of distance between you and trucks in front of you. Trucks need extra time to maneuver. In addition, they may make frequent stops and starts as they make deliveries. Allowing extra room gives you a little extra insurance.

4) Pass trucks safely. Give yourself extra time, since trucks are longer. Use your signal and maintain a steady speed when passing. Make sure that you can see the front of the truck in your rear-view mirror before you re-enter the lane and complete the pass. Use extra caution when passing trucks with trailers – these can swing into your lane.

5) When you see a truck making a turn, stay well back. Avoid trying to squeeze in between the truck and the curb – your vehicle may be crushed when the truck swings wide. These types of traffic accidents in Coral Gables and across South Florida can be especially deadly, since the smaller passenger vehicle is often crushed by the impact.

6) If you are on a hill and stopped behind a truck, give the truck plenty of extra space. The truck may start to drift backwards a bit before moving forward when the driver releases the brakes. Extra space ensures your car won’t be hit if this happens. Leaving extra space also makes it more likely that the truck driver will see you.

7) On highways, avoid driving between two trucks or multiple trucks – you may get into a collision if the truck drivers cannot see you.

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Programs Aim to Reduce South Miami Truck Accidents Caused by Aggressive Driving

Published on: December 26, 2012 | By Flaxman Law Group

In November of this year, the Florida Highway Patrol and other agencies launched TACT (Ticketing Aggressive Cars and Trucks), an initiative aimed at reducing Florida traffic accidents caused by aggressive drivers. According to authorities, aggressive driving is a leading cause of South Miami car accidents and truck accidents. When drivers are aggressive, they’re more likely to make mistakes and more likely to take risks, which can lead to accidents and serious injury. There are many things that can be done to help prevent aggressive driving:

1) Take responsibility and avoid driving when you are emotional. Emotional driving can be just as dangerous as distracted driving and can also lead to South Miami truck accidents and car accidents. When you are emotional, your full focus is not on the road and you’re more likely to make mistakes as well as to drive aggressively. If you find yourself emotional or angry and want to drive off, take a walk instead, take a few deep breaths and learn to relax yourself before you hop in the car.

2) Be aware of the risk factors of aggressive driving. We all have triggers that make us angry. Learn to recognize what makes you angry and avoid driving immediately afterwards.

3) Learn to recognize symptoms of anger before you get in the car and learn to diffuse them. Many people drive aggressively because they do not realize that they are at risk or do not realize that they are driving aggressively. If you are speeding, cutting other drivers off, yelling at other drivers, making aggressive hand gestures, and are filled with anger as you are driving, you’re probably an aggressive driver and you may be suffering from road rage. You should pull over and calm down before you continue to drive. If you feel angry and feel like hitting something, yelling, or driving quickly, do not get in the car. Learn to calm yourself before you drive.

4) Report aggressive drivers. Drivers who are aggressive on the road tend to drive aggressively repeatedly. If you see someone who is weaving, making offensive gestures, or seems to be in the throes of road rage, report them.

5) Learn to manage your anger if it is an issue. If you have trouble controlling your temper or your emotions and it is affecting your driving ability or your life, consult a professional. Anger management classes can make you a better driver, can make you calmer, and can improve the quality of your life.

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

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

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

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

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

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

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

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

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Staying Organized After a Miami Lakes Truck Accident

Published on: December 18, 2012 | By Flaxman Law Group

If you have been seriously injured in a Miami Lakes truck accident or have lost someone in a traffic accident, getting organized may be the last thing on your mind. However, after a serious Miami Lakes traffic accident, you will likely be given a barrage of information and will need to keep track of a number of legal and medical processes. Staying organized is essential to ensuring that you get everything done. Keeping organized is also important since you may be upset and grieving, and therefore keeping track of all the information coming your way may be harder than ever. There are a few things that you can do to make the process easier:

1) Create a list of phone numbers you need to call and create a phone log of who you have spoken to and when. You will likely need to phone a number of people after your accident. If you have been in a Miami Lakes car accident involving a commercial truck, you may need to contact a Miami Lakes personal injury attorney, for example, specialists, doctors, your insurance company, a support group, and many other people. Keep a list of all the information and all the phone numbers that you will likely need. Also, keep a notebook by the phone so that you can keep tabs of who calls when and what you discussed.

2) Create a file related to all your accident-related information. One file can contain your insurance policy information, insurance claims, any paperwork from your attorney, any copies of police report and medical files, and any other information that you need related to your case. This way, if your insurance company or attorney requires any information, it is handily in one location.

3) Evaluate your expenses and create a budget. A serious Miami Lakes truck accident that results in injuries or death usually results in financial distress as well. You may require expensive medical care and you may also lose income because you are unable to work. In order to survive financially, it is important to have a budget and to evaluate your assets as well as the expenses coming your way. You also want to keep a list of everything that you are spending that is related to your accident. You want to keep receipts for any medical devices you need, for example, as well as any medical expenses and transportation expenses. This way, your Miami Lakes personal injury attorney can pursue compensation for these costs.

4) Collect the papers you need. This may include medical papers, death certificates, insurance policies, military discharge papers, wills, list of assets, and other documents. You will likely be asked for these papers at some point.

5) Make a list of everything you need to do after your accident and write it in a planner or use your mobile device calendar or planner feature to create reminders. It is easy to lose track of appointments and things to do when you’re distressed. Keeping a list of everything and using an online calendar to remind you of appointments ensures that nothing slips through the cracks.

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What to Consider when Choosing a North Miami Truck Accident Attorney

Published on: December 11, 2012 | By Flaxman Law Group

If you have been seriously injured in a North Miami trucking accident, consulting with a North Miami personal injury attorney can be one of the smartest things you do. An attorney can help you understand the total costs of your injuries, can help you pursue justice, can investigate your accident, and can pursue a legal claim so that you are not facing financial distress as well as injuries. There are many attorneys for you to choose from. However, when choosing an attorney, make sure that you ask yourself the following questions:

1) How soon will the attorney start investigating the truck accident? The truck accident attorney will need to be retained in order to start an investigation, but the investigation should start as quickly as possible after that. After a North Miami traffic accident, evidence disappears quickly. This is especially true of a truck accident, where the truck company may not feel obligated to hang on to evidence. After a North Miami truck accident, insurance providers working for the truck company will usually arrive at the scene within minutes. To build the strongest possible case your attorney will need to start the investigation as quickly as possible.

2) How many similar cases has the attorney handled? An attorney who has handled multiple North Miami truck accident cases, personal injury cases, traffic accident cases, and North Miami head injury cases likely has the trial experience and legal experience you need to build a strong case.

3) Does the attorney have access to private investigators and expert witnesses? A personal injury attorney who works with a full-service law firm who can quickly find expert witnesses and private investigators to investigate your accident is a huge benefit. An attorney with multiple resources can thoroughly investigate the accident and help build a strong case on your behalf.

4) Is the attorney an expert on issues related to truck accidents? Look for a North Miami truck collision attorney who understands the issues related to truck accidents. An attorney who understands how speeding, driver distraction, and other issues affect truck accidents, for example, is more likely to find multiple liable parties and pursue justice effectively on your behalf.

5) Is the attorney familiar with the rules and laws that affect truck drivers and truck companies? Commercial truck drivers must meet certain state and federal laws in order to operate. If your attorney understands these laws, he or she is better equipped to notice when a truck company or driver violates these laws.

6) Is the attorney familiar with the insurance system? An attorney who is familiar with the insurance system often can better predict the tactics that insurance companies will use in defending their clients. An attorney who is familiar with the insurance system can also better negotiate with insurance carriers on your behalf, so this is an important advantage.

7) Does the attorney have strong referrals or a track record of compensation secured on behalf of victims? It is a good sign when an attorney has a track record of successful and happy clients.

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