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What Are Your Rights When Involved In A South Florida Trucking Accident?

by Auto AccidentsTruck Accidents

 

Nowadays, many more trucks are entering our roadways, sharing the same space we use in our everyday life. Product demand has significantly increased, and so does the congestion of commercial trucking. Unfortunately, with the increased numbers of trucks entering service they bring with them an ever-increasing number of accidents and resulting injuries.

A central question in most truck accident cases is whether the trucker’s actions violated their duty of care. Some trucking accidents make this question abundantly clear: if a police officer cites a trucker for speeding, failing to yield, or carrying too much weight, the law assumes that the trucker is at fault for any ensuing accident. However, in other cases, a more in-depth investigation is required to prove trucker fault, for which a South Florida truck accident attorney can provide significant assistance in collecting evidence.

Trucking Accident Common Factors

 

Poor Vehicle Maintenance

 

Ensuring that a vehicle is maintained correctly is essential for every driver, and it’s vital to the safety of commercial truck drivers. Commercial vehicles experience more wear and tear than ordinary cars as trucks are driven for hundreds of miles every day. If routine maintenance is skipped, it could lead to mechanical problems or equipment failure that could lead to an accident. Something as simple as a worn brake pad could be the difference between stopping in time and causing a multi-car pileup. Victims of a commercial trucking accident should have the company’s maintenance records checked to see if repair negligence contributed to the collision.

 

Incentivize Programs that Promote Unsafe Truck Driving

 

While it’s easy to blame the driver involved in the accident, looking at the underlying issues may solve the root problem.  Shippers and logistics firms may inadvertently create dangerous driving conditions by the way they pay drivers. For example, some compensation programs encourage faster vehicle speeds or more hours of continuous vehicle operation than would usually be unadvisable. Giving drivers unrealistic schedules encourage drivers to hurry, despite the safety risks involved.

Improper Cargo Loading

 

Commercial trucks carry so much cargo that weight imbalances can significantly affect the safety of the vehicle. Cargo that has been loaded incorrectly can cause accidents in several ways.

The shipment could fall off and become a hazard to other drivers, and the cargo itself could affect the vehicle’s steering. To prevent these issues, truckers and cargo loading teams have to abide by industry-specific rules when it comes to loading the bed of a commercial truck.

These rules determine limits for weight, size, length, width, and load height. The rules also specify special methods of securing cargo for transportation.

What Are Your Rights When Involved In A South Florida Trucking Accident? 1 Truck Accidents South Florida Injury Law Firm 

South Florida Truck Accident Laws

 

Truck drivers have the same responsibilities under Florida law to drive their vehicles in a safe manner as all other motorists. This includes a duty to protect all other people they may encounter while behind the wheel. This extends to:

  • Other drivers
  • Passengers in other vehicles
  • Pedestrians
  • Cyclists
  • Motorcyclists

If a truck driver fails in this responsibility, and someone is injured, that person can file a lawsuit alleging that the driver’s negligence caused their injuries. Unfortunately, even the clearest example of truck driver negligence may fail to bring compensation if a plaintiff does not act in time.

According to Florida Statute §95.11, plaintiffs must file a case within four years of the date of the accident if they hope to collect compensation. Insurance companies may break off all settlement negotiations if this time has passed. This makes it important to act quickly when considering a claim.

What Are Your Rights When Involved In A South Florida Trucking Accident? 2 Truck Accidents South Florida Injury Law FirmCommon Injuries related to South Florida Truck Accidents

 

Even truck accidents that occur at low speeds place great strain on the bodies of the occupants of smaller vehicles. Even if their bodies do not come into direct contact with the truck, their car may be subjected to significant force or perhaps even crushed.

This can result in life-threatening injuries. It is not uncommon for the victims in these accidents to suffer:

  • Broken bones
  • Separated joints
  • Severe cuts
  • Burns
  • Concussions
  • Paralysis

Any form of physical injury is enough to make a claim. A complete claim should also demand compensation for lost wages and mental anguish. A truck accident law firm in South Florida can work with clients to understand the full impact of the accident on their lives and receive the compensation they deserve.

 

 

Far too often injury attorneys treat trucking accident cases like car accidents.  One can easily understand the force from a 60,000 pound truck striking a family vehicle are significantly higher than the force from a 7,500 pound pickup truck or 3,500 sedan traveling the same speed.  This difference in force often results in much more serious injuries, even death.

Attorneys specialized in trucking accidents know that car accidents and trucking accidents are not the same.  Beyond the federal regulations that apply to commercial trucking, drivers must also undergo extensive training.  18-wheelers simply do not operate the same as family-size passenger vehicles. They are harder to maneuver and some operations that can be done in family passenger vehicles are strictly prohibited by 18-wheel operators.

 

Post-Accident Checklist

 

After any type of traffic accident, you should run over a checklist of information to get from other drivers or passengers who were involved: insurance information, injuries, names and contact information of witnesses, etc.

 

Hopefully, knowing this information and practicing safer driving will help you reduce the chances of getting into a truck accident. But if you or someone you love is injured in a crash with a truck due to another’s negligence, you should know what to do next. The first and most important thing to do is check to see if you or anyone around you is injured and, if so, instantly seek medical attention.

 

The next step you take should be contacting a skilled Florida accident attorney who will look into the incident. Your lawyer will likely have to ask you a lot of questions, so it’s helpful to prepare yourself ahead of time.

 

Researching and slogging through legal meetings may be the last thing you’re interested in doing after getting hurt in an accident, but it’s worth it. Medical bills can pile up fast, and that’s not even dealing with money you lose due to not being able to work and other expenses. These are things that can seriously derail your life, and if someone else is responsible, you shouldn’t have to pay for their mistake.

Older Truck Drivers Causing Lots of Florida Accidents

Older Truck Drivers Causing Lots of Florida Accidents

by Truck AccidentsUncategorized

Older Truck Drivers Causing Lots of Florida Accidents

 

After years of working 40-plus hours a week at a desk job, driving a truck may sound like a dream come true. As long as you have a decent driving record, you can make a decent living by transporting goods and getting to see the country. Perhaps partially because of this, truck driving has become the chosen profession of many individuals who are reaching the age of retirement – and even many who are way past it.

 

Unfortunately, that’s a problem. Why? Because lots of older truck drivers are getting into accidents – especially in Florida.

 

Let’s look at the statistics. Between 2013-2015, 1,264 truck accidents involved drivers aged 70 or older. Only one other state – Texas – had more truck accidents involving seniors: 1,658. In 12 different states examined by a CBS investigation, drivers from the ages of 70 and up (including some drivers in their 90s) caused over 6,000 accidents between 2013-2015.

 

These numbers show a 19% rise from previous years.

 

While one could argue that these drivers are more experienced, or more careful, the question of whether drivers should continue to be screened throughout the years still lingers. What happens if a normally adequate driver starts to lose his vision after he turns 70? How can trucking companies know that a driver is starting to doze off during his ride?

 

Until policies are changed, the rate of seniors in truck accidents may continue to increase. As a driver who shares the road with trucks every day, these statistics are important to know. Truck accidents can cause more financial damage – and more serious injury – than typical motor vehicle accidents. If you are on the road with a truck, proceed with heightened caution:

 

How to Prevent Truck Accidents

 

Maintain a Good Distance between Trucks. It is harder for trucks to stop, change lanes, or speed up. If you are driving in front or behind a truck, leave a little extra room than you normally would for a car.

 

Pass Trucks Quickly. If you are passing a truck, do so quickly. Trucks have blind spots just like cars. These blind spots are even larger if you’re driving a truck. A good way to know if you are in the truck’s blind spot is the inability to see the truck’s mirrors. If you have the opportunity to drive in front of a car, pass it quickly (within the appropriate speed limits) and pay attention to the truck as you do so.

 

Boca Raton Truck Accident Lawyer

Get Off the Road Completely When Pulling Over. If you need to pull over on a highway, find a shoulder that gives you enough room to stay completely out of the road. While most cars can easily switch into another lane to avoid your car, trucks may have a hard time (or simply may be unable to avoid your car).

 

Don’t Enrage the Driver. Road rage can be scary even if the driver is going to and from their office job. Imagine the road rage of a driver who has been on the road for 14 hours. Don’t risk upsetting the driver. If a truck driver is getting aggressive with you, record the driver’s number or license plate and report the driver’s behavior after you have finished your drive.

 

Unfortunately, even if you are a cautious and law-abiding driver, you cannot prevent the actions of other drivers on the road. If another driver causes an accident that causes you damages, you deserve compensation. Victims of truck accidents should contact a Florida personal injury lawyer immediately.

 

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for The South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

What Happens If You're In An Accident with a Big Rig

What Happens If You’re In An Accident with a Big Rig?

by Truck Accidents

What Happens If You're In An Accident with a Big Rig

Have you ever been on the highway and dreaded seeing a big rig up ahead of you? If you grip a little tighter on the wheel when you’re passing a big truck, you’re not alone. Big rigs are intimidating, and a run-in with one won’t just leave you with a small bruise.

 

If you do find yourself in an accident with a big rig, you’re going to have to deal with more than just injuries. Filing a claim when a big rig is involved can be more of a headache and a hassle than filing a claim for a typical car accident.

 

The Stats on Truck Accidents

 

It’s reasonable to be scared of big trucks on the road. Simply put, if you are involved in a truck accident and you are in a smaller car, you have a higher risk of injury or death.

 

According to studies done on truck accidents in 2014, 73% of fatalities of truck accidents are occupants of other vehicles. Accidents involving large trucks only make up 8.3% of all vehicles that are involved in fatal crashes… but even though they are relatively uncommon, they can do a lot of damage.

 

Filing a Lawsuit after a Truck Accident: Your Options

 

South Florida Trucking Accident Attorney

Since these accidents may involve more cars and more severe injuries, you are less likely to have all of your damages covered by your insurance. You may need to file a lawsuit. The process is similar to a lawsuit you would file in a car accident, but there are differences that will make a big deal in your case.

The biggest difference between truck and car accidents is the responsible parties. In car accidents, fault will most likely be placed on drivers and the lawsuit will be settled between each driver or injured passenger’s insurance companies and attorneys.

 

Truck accidents are a little more complicated.

 

Truck drivers are, for the most part, employees of commercial trucking companies. Employers are liable for the actions of their employees, so it might be a good idea to file a claim against the trucking company who owned the truck involved in your accident.

 

After all, since the truck was on the road during the accident, it will be easier for you and your lawyer to prove that the driver was on the job. Also, suing the trucking company rather than the driver (although you have the option to file a lawsuit against both parties) may help you win a bigger settlement. If the driver was improperly trained, more fault should be placed on the trucking company.

 

If a truck driver is an independent contractor, you will most likely file a claim solely against that driver. Depending on the driver’s contract, it may be possible to file a claim with the trucking company – your lawyer will be able to give you more information after they read the driver’s contract and talk to the company.

 

In both cases, you could also possibly sue the manufacturer or the owner of the truck. Road accidents are not always due to the negligence of the driver. Faulty parts or mechanical issues may have caused the accident, which can place responsibility on the manufacturer. If the weight of the goods in the truck was a factor in the accident, however, you may still want to focus your attention to the trucking company, or the party in charge of sending the truck on its route.

 

Consider the goods in the truck as well. If, by any chance, the goods in the truck were involved in your accident and contributed to or caused any damage, you might want file a lawsuit with the company that manufactured or intended to ship the goods in the truck. Improper loading can cause truck accidents as well, so find out who was responsible for loading the goods.

 

West Palm Beach Big Rig Accident Laywer

Post-Accident Checklist

 

After any type of traffic accident, you should run over a checklist of information to get from other drivers or passengers who were involved: insurance information, injuries, names and contact information of witnesses, etc.

 

If you are involved in a truck accident, all of this information is important. However, there is additional information to gather so you can file the proper lawsuits for damages.

 

Get a copy of the truck’s license number, but also the company that the driver works for. Find out the responsibilities and duties of the trucking company: do they load goods into the truck? Was the driver a full-time employee or an independent contractor? If you can, get information on the cargo that is being transported and route of the truck.

 

Accidents involving trucks can be very severe, but filing a lawsuit in a truck accident can take more time than most lawsuits and can get pretty complicated. If you or a loved one has been injured in an accident involving a big rig, contact a personal injury lawyer today.

 

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his 22-year career to the practice of personal injury law. As lead trial attorney for The South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

Truck Accident Lawyer

Horrible Truck Accident Leaves Woman Trapped in Cement

by Truck Accidents

Truck Accident Lawyer

If you’ve ever known someone––a friend, relative, or acquaintance––who’s been involved in a serious truck accident, you know how traumatic the experience and its aftermath can be. The sheer weight and size of the truck compared to smaller vehicles means that any high-impact accident will usually result in much more serious consequences for the passenger vehicle, as well as the people inside it.

 

In some situations, the nature of the truck’s cargo may present even more of a hazard. Such was the case when Yin Min Tai and her boyfriend,Lok Wan, were involved in an accident with a large cement truck in China’s Fuzhou, Fujian Province,in February, 2014 – a crash that left her trapped and fearing for her life.

 

Yin Min Tai’s Close Call

 

As detailed in a report on the Daily Mail‘s website, after an open-top cement truck crashed into the rear of the passenger vehicle Yin Min Tai was riding in, she became trapped inside the car under tons of wet cement. Lok Wan, who was also in the car with her, was able to get out safely, but she was stuck in the crushed automobile for over 40 minutes.

 

The accident took place when Yin Min Tai and Lok Wan attempted a U-turn on a busy street, and a cement-laden truck traveling behind them collided with their vehicle, dumping much of its load of wet cement onto the car. Miraculously, despite being inches from thousands of pounds of wet cement, Yin Min Tai only sustained a few scratches and some bruises.

 

Even if you already know how dangerous truck accidents can be, getting buried in cement probably isn’t a consequence you’ve ever imagined resulting from such a crash. Given the number of truck accidents that occur in our country every year, though, what’s truly surprising is that we don’t hear about similar issues more often.

 

According to a report by the U.S. Department of Transportation, 3,921 people were killed in auto accidents involving large trucks in 2012, while 104,000 people were injured in the same type of accident. Of those 104,000 injured in wrecks involving large vehicles during 2012, 73% were occupants of other vehicles, while only 24% were occupants of large trucks.

 

How many of the trucks involved in those accidents do you think were carrying loads that could be considered dangerous, especially for the people in the other vehicle? While no statistics seem to be available, you can bet that a good number of those trucks were carrying things such as chemicals, fuel, construction materials, or other heavy objects. The point is, when a big truck crashes into you, there’s a lot more to worry about than the actual impact.

 

Post-Accident Issues and the Value of Good Representation

 

Truck Accident Attorney

Should you find yourself in a situation similar to Yin Min Tai’s, a Legalinfo.com post titled “Accidents Involving Hazardous Materials” might prove helpful, but ultimately your best bet is to seek out experienced legal help. Medical expenses, insurance fees, and legal costs can all pile up, and attempting to represent yourself in a suit against a trucking company or city government can be a very tall order, considering the sort of legal counsel these organizations can afford. Additionally, insurance adjusters on the side of the truck’s owners or operators will look for any possible course of action to limit the liability of their clients, so you should find an attorney specializing in these cases who can effectively represent you and negotiate in your name.

 

At The South Florida Injury Law Firm, we’ve successfully handled many cases like this before and would do anything we can to help you get the compensation that you deserve, but you need to contact us as soon as possible. When you’re battling big organizations, time is of the essence, so pick up the phone or fill out our contact form now.

 

About the Author:
Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his 22-year career to the practice of personal injury law. As lead trial attorney for The South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

Accident Lawyer

You’re Not Safe from Truck Accidents No Matter Where You Are

by Truck Accidents

Accident Lawyer

When big trucks get into accidents, they not only tend to cause a lot of damage, but leave a wide swath of destruction,as well. Saying this shouldn’t be telling you anything new, because it’s pretty obvious that a large, heavy vehicle – especially one that’s moving fast – is going to plow through anything and everything in its path. But even knowing this, you would probably imagine that you’re in a pretty safe place if you’re sitting in your house. Unfortunately, as one homeowner recently discovered, there’s no place that’s safe from a big truck that’s out of control.

 

On February 19 in Cahokia, Illinois, a big truck veered off the road, ripped through two telephone poles, and slammed into a single-family home, knocking the house off if its foundation. And why? Because the driver experienced a “gag reflex” that caused him to lose control of the vehicle.

 

Luckily, the homeowner only suffered minor injuries, but they still had to go to that hospital. And you can absolutely bet that along with the physical trauma they sustained, they were suffering from shock. How else can you react to getting hit by a large truck when you’re not just out of your car and away from the road, but actually in your own home?

 

More than anything, it’s a reminder of just how dangerous big trucks can be and how far their reach can go.

 

Big Trucks Far More Dangerous Than Other Vehicles 

 

Just how dangerous are big trucks? According to Popular Mechanics, there are a little over 5 million tractor trailers registered in this country and about three times as many semi trucks. In comparison, there are more than 240 million regular passenger vehicles out there on our roads.

 

Even using the higher number of around 15 million semis, that means that large trucks make up about 5.8% of total traffic. Despite this, they account for 1 out of every 8 motor vehicle fatalities in our country – that’s 12.5%, or more than double the deaths that they should be responsible for based on how many exist.And that’s only counting the fatal accidents; plenty of crashes occur like the one mentioned above where the homeowner escaped with only minor injuries,but the truck destroyed the house and wreaked havoc in the neighborhood.

 

Why Do Truck Accidents Occur?

 

Sometimes these accidents just happen,and it’s out of anyone’s control, as seems to be the case with the above truck driver’s “gag reflex” when he plowed into the house in Illinois. Unfortunately, recent reports from the National Highway Traffic Safety Administration show some alarming findings. Not only did both fatalities and injuries related to large-truck crashes go up from 2011 to 2012 (by 4% and 18%, respectively), there are reasons to believe that trucking companies aren’t being as selective as they should be when hiring drivers.

 

How so? Of the large truck drivers involved in fatal crashes, 12.9% had a previous accident on their record, 17.7% had been convicted of speeding, 8.2% had previously had their license suspended or revoked, and a few even had a drunk driving conviction on their record. If commercial trucking companies truly care about people’s safety, they’ll stop employing people with blemishes like these on their record.

 

Watch Out for Large Trucks – When You Can

 

Truck Accident Lawyer

There’s plenty of information out there about what people can and should do to minimize their chances of being involved in an accident with a large truck. But if, like the Illinois homeowner above, there was nothing else you could have done to prevent the incident, you at least have to be ready and willing to fight back against the trucking company and driver responsible.

 

It’s not going to be easy, because the company will want to do everything they can to protect their name and bottom line, so you have to get a truck accident lawyer on your side with a track record of success – and do it quick, because there are rules and regulations in these types of cases you won’t find in typical passenger car accidents.

 

Truckers Must Follow Strict Federal and State Laws to Maintain Safety on the Roads

by Truck Accidents

Any motor vehicle accident is a serious matter, but when the accident involves a truck, the sheer power and size of the truck tends to cause more severe property damage, personal injury, and even death. This is why federal law requires truck drivers to meet certain requirements, undergo rigorous training, and comply with strict safety guidelines. A truck accident lawyer in West Palm Beach is knowledgeable with regard to these requirements and will prosecute those who ignore them. A lawyer can also prosecute any trucking company that knowingly allows their employees to ignore these requirements or that hires drivers when they have sufficient reason to believe the drivers may not be sufficiently trained, safe, and responsible.

 

First, to qualify as a truck driver, a person must be 18 years old—21 years old to work as an interstate driver. They must have a driver’s license, clean driving record, and excellent vision. They must also be able to pass a drug test and a physical exam before employment. If a truck accident lawyer in West Palm Beach discovers that one of these contingencies was not met, the truck driver and the employer could be held responsible for the accident. In order to get a commercial driver’s license (CDL), a driver must undergo training which includes driving safety regulations, truck inspection, correct driving techniques in different weather conditions, and how to turn, back up, and park a truck. If any one of these things is missing, the company providing the training displays negligence. Finally, a truck accident lawyer in West Palm Beach knows the safety guidelines that truck drivers should follow. These include taking breaks every eight hours, knowing personal limits, keeping the truck in top physical condition, maintaining the proper speed, and keeping enough distance from other vehicles.

 

If you or a loved one has been in an accident involving a truck, you should contact a truck accident lawyer at the West Palm Beach Law Offices of The South Florida Injury Law Firm. Our knowledgeable lawyers are experienced with truck safety requirements and will conduct a thorough investigation into your accident to determine the cause and who was at fault. We understand the stress of an auto accident, and we will fight to get you appropriate compensation so that you can focus on your recovery.

 

When you need a truck accident lawyer in West Palm Beach, the Law Offices of The South Florida Injury Law Firm are located in Fort Lauderdale, FL and handle cases throughout the state, including Broward County, Indian River, Okeechobee, Delray Beach, Martin County, Palm Beach, West Palm Beach, and all other cities and counties. We have years of experience and success in handling cases like yours. Contact us for a free case evaluation at 954.764.7377 on via the web at https://southfloridainjurylawfirm.com.

Truck Accident Results in Serious Injuries

by Truck Accidents

With the number of semis that travel in and around the Boca Raton area, motorists should know that if a truck accident occurs, help is available from a personal injury attorney in the area. Truck accidents can be particularly dangerous because the size and weight of the truck involved can increase the likelihood of victims sustaining serious injuries. If you have been injured in a truck accident, contact a Boca Raton truck accident attorney as soon as possible to arrange for an initial consultation regarding your case.

 

An example of how serious a truck accident can be was seen recently when a 36-year-old woman ended up in intensive care following a truck accident. Though the driver of the truck was not injured, both the woman and her two-year-old daughter had to be taken to the hospital, according to reports from law enforcement authorities. If the injuries that you sustained required hospitalization or even a trip to the ER, you may have already begun to receive bills requesting payment. If so, make sure to talk with a Boca Raton truck accident attorney at once so that your rights and interests can be protected, and those responsible for the accident be held accountable for any payments that are due.

 

Schedule an appointment with a Boca Raton truck accident attorney at the Law Offices of The South Florida Injury Law Firm if you have suffered serious injuries in a truck accident. Your accident attorney will negotiate aggressively on your behalf and will work assiduously to ensure that you have the opportunity to obtain whatever damages may be due.

 

When you need a Boca Raton truck accident attorney who can get results, the Law Offices of The South Florida Injury Law Firm are located in Fort Lauderdale, FL and handle cases throughout the state, including Broward County, Indian River, Okeechobee, Delray Beach, Martin County, Palm Beach, West Palm Beach, and all other cities and counties. We have years of experience and success in handling cases like yours. Contact us for a free case evaluation at 954.764.7377 on via the web at https://southfloridainjurylawfirm.com.