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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New Laws Try to Prevent Truck Crashes in Homestead and Across the State

Published on: January 14, 2014 | By Flaxman Law Group

Truck driver fatigue is considered to be one of the major preventable reasons for truck accidents in Homestead and across the country. While drivers of big rigs, tractor trailers, and all commercial trucks must abide by Hours of Service (HoS) regulations set by the federal government, many safety critics have noted for years that these rules did not go far enough in limiting fatigued driving. Many argued that the hours still permitted for a long time on the road, which can be a risk since long hours behind the wheel require a great deal of focus and attention, which is hard to sustain hour after hour.

In response to concerns, new rules were passed last year in an attempt to curb fatigue-related truck and car accidents. Under the new rules, truck drivers will:

•Be able to work no more than 70 hours per work week
•Be able to work no more than 14 hours per day
•Be able to drive no more than 11 hours per day
•Need to record breaks of 30 minutes or more after eight hours or more of work
•Need to take a weekly break that is at least 34 consecutive hours and covers two periods between the hours of 1:00 a.m. to 5:00 a.m.

Before these new rules, drivers were allowed up to work up to 82 hours weekly. The new rules also come with fines and other penalties for those who disobey.

The question remains – will the new rules help prevent car and truck crashes in Homestead and across the country?

Some within the trucking industry opposed the rules, saying that they would raise prices and wouldn’t necessarily lead to better safety. They also noted that the new rules would place more trucks on the roads to compensate for the fact that drivers will work shorter hours – a move, some stated, might increase the risks of truck and car collisions in Homestead and other communities.

Some safety experts, though, noted that the new laws might not go far enough in curbing fatigued driving. After all, under the new rules drivers can still work 70 hours per week – much longer than the average 40 hour work week and potentially long enough to cause fatigue in a stressful job. Driving 11 hours a day, they noted, is still a very long time and can still cause fatigue. Some experts also noted that the new rules will not address other issues that can cause fatigued driving – issues such as sleep apnea and other sleep disorders.

What do you think? Do the Hours of Service promise to prevent traffic accidents in Homestead, or does more need to be done to keep our streets safer?

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These Mistakes After a Truck Accident Can Hurt You for Years

Published on: November 7, 2013 | By Flaxman Law Group

If you have been in a truck accident in Homestead, the clock is ticking. The choices you make immediately following a traffic accident can affect you for years because they can determine how much compensation you ultimately get for your injuries. The personal injury attorneys at Flaxman Law Group have seen the following errors end up costing plaintiffs in the long run:

1) Refusing medical attention. It is important to get checked out quickly after any traffic accident in Homestead – even if you think you may not have been injured. If you find that you were injured but did not notice right away, the motor carrier’s insurance company may claim that your injuries were not serious – or maybe were not caused by the accident. Take your health seriously. Get checked out after the accident and be sure to follow any doctor’s instructions. Attend all doctors’ appointments and any specialist appointments so that you have the best chance of healing.

2) Discussing the accident. Do not discuss the accident with anyone, even at the accident scene. Anything you say can be fuel for the defendant’s attorneys. Since car accidents in Homestead involving trucks usually involve a lot of money, insurance carriers, attorneys, and others may try to contact you or get you to sign something. Always speak to a personal injury attorney in Homestead or your community before discussing or signing anything related to the accident or your injuries. In addition, be careful when discussing the accident and injuries with friends or family or on social media. Your conversations may be used against you.

3) Being dishonest. There is no point in exaggerating your injuries or symptoms. Be honest with doctors and your attorney – they are there to help and they can only assist you if you are honest with them.

4) Not expecting surveillance. Insurance companies will sometimes conduct investigations on plaintiffs. While it is possible that you may have good days where you can accomplish more – even if you are seriously injured – keep in mind that it can look very bad in a case if you are caught on tape completing an activity that you claim you are too injured for. The tape will not show that you were in pain after the activity or that you suffered a setback in your recovery because you attempted too much.

5) Not documenting all injuries and keeping all evidence. Keep all doctor’s records, receipts, pill bottles, photos of injuries, casts, braces, and other evidence of your injury. Take photos of video of your injuries and any damages you have suffered. Keep a running total of the costs you have incurred and keep a journal of your injuries and challenges as you recover. The more information you have, the stronger you case may be.

6) Taking too much time to respond. As soon as you have an accident, you will want to get medical help, contact your insurance company, and contact a personal injury attorney. Waiting too long to get medical help or file an accident claim can make it look as though your injuries or the accident were not that serious. There is also a statute of limitations in Florida, so waiting too long to contact an attorney can affect your ability to file a legal claim.

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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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Should You Really Consult With A Personal Injury Attorney In Homestead After Your Truck Accident?

Published on: October 10, 2013 | By Flaxman Law Group

After a truck accident, too many people believe that they don’t need to consult with a personal injury attorney because they assume that their car insurance will cover the cost of medical care and other expenses related to their injuries. In fact, insurance companies often make a point of promising fast responses after a car accident.

When you contact your insurance company after an accident, you may find that you are quoted a claim amount for your accident very quickly and you may be able to claim your money very quickly. This can be very tempting, especially if you are facing considerable medical expenses, lost wages, and other financial problems as a result of your accident.

If you have been in a truck or car accident in Homestead or any community, however, is important not to accept the first offer you are given without careful consideration. When you get your first insurance offer, you may not even have a full diagnosis for your injuries. Certain types of injuries, including head injuries, back injuries, and soft tissue injuries, can take a while to diagnose correctly. A head injury that seems mild initially may prove to be far more complex than you realize and may require more care than you think. Soft tissue injuries may not start producing symptoms until weeks or days after your accident. You may not realize the full cost of damages until some time has passed.

It is also difficult for the average layperson to know how much a case is worth and how much their injuries will end up costing. Do you know how long you will be unable to return to work after your accident? Do you know how many specialists you will need to see in order to treat your injuries? Will you need surgery? How much will that surgery cost? If you have medical insurance, how much will that insurance not cover?

Often, it is difficult for a layperson to know this information, which is why consulting with a personal injury attorney in Homestead becomes so important. Personal injury attorneys have dealt with thousands personal injury cases if they are experienced, and this experience allows them to quickly evaluate the likely total cost of a specific type of injury. They can help with provide you with information about how much your case may be worth and how much money you may end up having to pay for your injuries. This can help you evaluate insurance offers in a whole new light and can help you decide whether it is worthwhile to pursue a legal claim.

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Are Lighter Trucks a Concern When it Comes to Truck Crashes in Hollywood and Other Florida Cities?

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

The NAFA Fleet Management Association has sent information to the National Transportation Safety Board (NTSB) and the Federal Motor Carrier Safety Administration, citing concern about studies for lighter single-unit trucks. According to a recent NTSB study, lighter trucks account for 9% of the nation’s accidents, even though they account for only 4% of vehicle mileage and 3% of vehicles.

The study also raised concerns about the fact that light trucks may be overlooked because inspectors do not always identify them correctly. According to federal regulators, lighter single-unit trucks carry up to 10 000 pounds and do not have trailers. While these can seem less daunting than tractor-trailers, however, they are still much larger than passenger cars and can cause traffic accidents in Hollywood and across the country. Lighter trucks are also subject to fewer regulations and can still carry dangerous substances, making them dangerous in car accidents in Hollywood and other cities.

According to the NAFA Fleet Management Association, the NTSB study had a few issues. The main one was that study did not distinguish between unmanaged and managed fleets of light trucks. Although light truck drivers do not need a commercial truck license, NAFA argues that managed fleets have more training and supervision of drivers and have better safety records. Another issue was that NAFA and its members were not included in the study of light trucks.

The NTSB suggested that more studies need to be done to consider whether stricter licensing is required for light trucks. The study’s authors also suggested that light trucks should have more safety features shared by larger commercial trucks. For example, the NTSB recommended under-ride guards to prevent under-ride accidents in Hollywood and other communities as well as reflective surfaces on truck corners.

What do you think? Do you think that lighter trucks should be regulated more closely? Although these trucks are smaller, they can still cause truck collisions in Hollywood and other cities. They are also still larger and may be more prone to rollovers and tire blowouts when compared with smaller vehicles. All trucks, even smaller trucks, have more blind spots and can be more awkward to navigate in traffic. In the news headlines, larger commercial trucks usually grab the spotlight, in part because the accidents involving these vehicles are so dramatic. However, even smaller vehicles can cause catastrophic injury and fatalities. Accidents involving lighter trucks can still cause head injuries, amputations, spinal cord injuries, burns, fractures, concussions, and many other serious injuries.

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New Trucking Rules Could Prevent Traffic Accidents in Homestead and Other Communities, But Some Debate Remains

Published on: August 10, 2013 | By Flaxman Law Group

New federal rules will ensure that truck drivers get more rest. The Hours of Service rules went into effect on July 1 and mandate:

-That truck drivers work a maximum of 70 hours weekly (previously the limit was 82 hours)
-That truckers must rest for 34 consecutive hours before “resetting” a week and starting their new 70-hour week. The rest period must include at least two nights of 1am-5am rest time.
-That truckers have a maximum 14-hour workday and a daily driving limit of 11 hours.
-That truck drivers must take a half-hour rest during the first eight hours of a working shift.

The Federal Motor Carrier Safety Administration (FMCSA) predicts that the new regulations could prevent 19 fatalities annually and stop 1400 trucking accidents across the country.

While fatigue is a contributing factor in car and truck accidents in Homestead and across the country, however, not everyone agrees that the new rules are needed. The American Trucking Associations Inc. challenged the new rules in court. In early August, a federal appeals court upheld the rules. The only change made is that short-haul truck drivers will not need to take a 30-minute break during the first eight hours of their shift. U.S. Circuit Judge Janice Rogers Brown also rejected legal claims made by some groups, including the Truck Safety Coalition, that the rules should go further.

While the American Trucking Associations Inc. v. FMCSA, 12-01092, U.S. Court of Appeals for the District of Columbia (Washington) seems to be resolved, however, the debate continues. The American Trucking Association Inc. and other groups allege that the new rules will reduce productivity and worsen a labor shortage without addressing other causes behind truck accidents. Other groups allege that more can be done to prevent truck and car accidents in Homestead and other communities. They argue that 70-hour workweeks are still too long and unsafe.

The studies and research do seem to suggest that more needs to be done to prevent truck-related traffic accidents in Homestead and across the country. According to the Bureau of Labor Statistics have the eighth most dangerous job in terms of worker fatality. Truckers also have a shorter life expectancy when compared with other workers. The Centers for Disease Control report that truck drivers have a life expectancy of 61. That is 16 years shorter than the average American.

A joint 2007 study by the National Highway Traffic Safety Administration (NHTSA) and the FMCSA concluded that fatigue is a factor in about 13% of serious truck accidents involving large trucks. The trucking industry has always maintained that the number is quite lower. According to the NHTSA, in 2011 truck fatalities across the country increased 2% and injuries rose 10%. It has led to more opinions in the debate: what causes these accidents and what can be done to prevent them?

It is true that truck-related fatalities and injuries in Homestead and other communities are caused by a number of factors, including driver inexperience, driver error, poor truck maintenance, fatigue, distraction, and other factors. Personal injury attorneys in Homestead and other communities often spend months compiling data and working with private investigators to determine the cause of a crash. However, if the research is true and the new rules will save 19 lives, surely that is worth the effort.

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What Can An Attorney Do if You Have Been Injured in a Trucking Collision in Homestead or Another Community?

Published on: August 7, 2013 | By Flaxman Law Group

If you have been in a truck accident in Homestead or another Florida community, do you really need an attorney? While it is not a legal requirement, many traffic accident survivors find that working with a personal injury attorney in Homestead or their community makes a big difference in their situation. There are many things that an attorney can do for you:

1) An attorney can help you understand what local resources are available to you. If you have been in a serious traffic collision in Homestead or another community, you may require medical help and you may need to replace or repair your car. The claims and financial process of the accident can also be quite complicated. Personal injury attorneys handle thousands of these types of cases and can help direct you to local resources. They can also offer tips and advice on handling the various aspects of your case.

2) A lawyer can help you understand how much your case may be worth. One of the first things an insurance claims adjuster will consider is how much your claim may be worth. It is important to consider this question yourself, however, since any amount not covered by your insurance company will come from your own pocket. Personal injury attorneys work with victims from all walks of life. They can help you understand the immediate, long term, and incidental costs of your injuries, so that you can better evaluate insurance offers.
3) An attorney can help you review your options and your rights. After a truck or car crash in Homestead, you may know that you can file a car insurance claim – but what are your other options? An attorney can review these options with you, so that you make the right choice for you.

4) A lawyer can help you with the claims and negotiation process. Your personal injury attorney in Homestead can negotiate with your insurance company if they have made you a low offer that will likely not cover all the costs related to your injuries. If you have sustained a serious injury, such as a head injury, in Homestead, it is important to seek the fairest compensation possible so that you are covered for medical costs and other expenses. An attorney can help with this.

5) If you decide to pursue a legal claim, an attorney can pursue that claim on your behalf. If you decide to pursue a legal claim against the liable parties in your case, a personal injury attorney in Homestead or your community can investigate the collision, build a strong case, and pursue the case for you. An attorney will use their considerable legal expertise for the case while you are free to pursue medical treatment for your injuries.

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Who Is Liable If You Are Injured in a Truck Accident in Hialeah or Another Florida Community?

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

If you are injured in a truck or car accident in Hialeah or another community, you will of course want answers as well as justice. One of the questions that many traffic accident victims have is “who is responsible for my accident and injuries?” The answer to that question can be complex. When an accident first occurs, police may become involved and may investigate the accident. They will generally reach a conclusion about the at-fault driver. In addition, the insurance carriers for both drivers will usually get involved and determine the at-fault driver themselves.

However, you may not agree with these assessments of what has happened during your traffic collision. You may wish to speak with a personal injury attorney in Hialeah or your community to get more detailed information about what has occurred. Unlike the police or insurance carriers, personal injury attorneys are working on your behalf. If you’ve been accused of causing an accident, or if you believe that the accident and your injuries were caused by someone’s recklessness, a personal injury attorney can work with accident reconstruction experts as well as private investigators to determine what happened during your traffic accident. This can be important for a number of reasons:

•To determine liable parties so that you can pursue a legal claim in order to seek compensation for the cost of your injuries
•To get answers about your accident
•To avoid being wrongfully accused of causing an accident that you did not in fact cause
In many cases, truck accident cases in Hialeah and other Florida communities are quite complex. There may be multiple liable parties, including:

•The motor carrier
•The truck driver
•The manufacturer of the truck or car involved in the accident
•The manufacturer specific car or truck parts
•The municipality responsible for maintaining the roads
There may be additional liable parties as well. Determining the liable parties in your accident is important. If you decide to pursue a legal claim in order to seek compensation, you must find the liable parties in order to pursue them for their recklessness or negligence. If there are multiple liable parties, you may have a better chance of recovering fair compensation for your lost wages, property damage, medical costs, and other expenses. A personal injury attorney can usually help you find answers so that you can focus on healing while the attorney pursues your claim.

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