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Author: Clara Barman

Will New Rules Prevent Truck Accidents in North Miami Beach and Other Communities?

Published on: July 6, 2013 | By Flaxman Law Group

According to the Federal Motor Carrier Safety Administration (FMCSA) and the U.S. Department of Transportation, new federal trucking rules have recently come into effect in an attempt to reduce the number of fatigue-related truck accidents. The news is bound to be a positive step for anyone who is concerned about truck accidents in North Miami Beach and other Florida communities.

The new rules change hours-of-service requirements, reducing the total number of hours commercial truck drivers can work weekly. Under the old rules, commercial truck drivers could have worked up to 82 hours within each seven-day week. With the new rules, that total amount will be reduced to 70 hours per week.

The new rules also require truck drivers to take 30 minute breaks for every 8 hours in the truck. In addition, once truck drivers reach the total 70 hour maximum for the week, they must take a 34 hour break to “restart” their week before they can start another week. According to the FMCSA, truck drivers will only be allowed one restart rest period per weeks, so they cannot exceed the 70 hour workweek by simply “restarting” with a longer break more than once.

Safety experts predict that the rules will make the streets safer, especially since many truck and car accidents have been linked to fatigued driving. The changes will mean that truck drivers will have to take more breaks rather than driving more. For motor carriers, the rule changes can mean some new challenges. It may mean calling in standby help or making scheduling changes to accommodate the new regulations. For truck drivers, it may mean a smaller paycheck as hours are reduced and as motor carriers absorb the cost of hiring new drivers. Many motor carriers, however, have told the media that they agree with the changes.

According to the U.S. Department of Transportation, about 13% of commercial truck accidents each year involve driver fatigue. While the total number of truck accidents across the country has decreased in recent years, authorities agree that these types of changes are still needed to further reduce traffic collisions in North Miami Beach and other communities.

The new rules went into effect across the country on July 1. It may take months or years to fully see the effect of these changes on the number of truck and car accidents in North Miami Beach and other communities. However, many are pleased to see the changes and are encouraging authorities to pass additional rules to keep streets safer.

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Best Steps to Take if You Are in a Car or Truck Accident in Coral Gables or Any Florida Community

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

Each year, over 200 000 car accidents occur in Florida, some of them in Coral Gables and surrounding communities. While many are quite minor, some result in serious injuries. Some passengers become life-long spinal cord injury or head injury patients in Coral Gables or their communities, for example, never fully recovering from their injuries. Truck accidents involving passenger cars can be especially devastating. Due to the difference in size between commercial trucks and passenger cars, passenger car occupants involved in this type of crash are more likely to suffer serious or even fatal injuries.

If you have been injured in a truck or car accident in Coral Gables or any city in Florida, there are several steps you will want to take to preserve your rights:

1) Be prepared well before the accident. Well before you are in any accident, it is important to consider the steps you need to take to protect yourself and your family. Buy the safest car you can and keep in good shape – this may reduce your risk of some injuries. Wear a seatbelt each time you drive. Buy the best quality car insurance you can afford. Every few years, review your insurance to make sure your insurance plan still meets your current needs. In addition, have an accident kit in your car. Your kit should contain a blanket, first aid kit, pen and paper, a camera, a list of medical information and emergency contacts, emergency flares or cones, and a flashlight. If you are ever in an accident, this kit can be very useful.

2) If you are in an accident, stick to the facts. If the accident is not life threatening, move your car off to the side of the road. Call for help for anyone who is seriously injured and exchange information with the other driver. Avoid getting into a debate with the driver about what has happened or what has caused the accident.

3) Gather information. In addition to the contact information and vehicle information of anyone else involved in the truck crash, you may want to get contact information from possible witnesses. Get a copy of the police report and any medical records you can about your situation. Take photos of the accident scene if you can as well as photos of your damages and injuries.

4) Get medical attention, even if you do not have symptoms. This is especially important if the accident was serious or if you may have hit your head during the car collision. Some conditions do not present symptoms right away, and if you wait for treatment you may complicate the condition.

5) Call your insurance company soon after the accident. You will want to get the insurance process started.

6) Call a personal injury attorney. A personal injury attorney in Coral Gables or your community can review the situation with you and can help you understand whether you are entitled to damages from the accident. Many attorneys do not charge for a first consultation so you have nothing to lose from getting some legal advice about your situation.

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Could New Laws and Studies Help Reduce Instances of Truck Accidents in Davie and Across The Country?

Published on: May 31, 2013 | By Flaxman Law Group

Rep. James McGovern (D-MA) and Sen. Frank Lautenberg (D-NJ) are supporting the Safe Highways and Infrastructure Preservation Act (SHIPA) on Capitol Hill. The legislation would prevent more carriers from operating overweight trucks and would prevent increases in truck weight limits and truck sizes. The bill, which is supported by the Truck Safety Coalition, would also increase enforcement of current truck laws and would expand the number of highways where truck limits are currently used.

Many groups and safety advocates agree that more needs to be done about overweight and oversize trucks on the nation’s highways. According to advocacy group Citizens for Reliable and Safe Highways (CRASH), about 4000 Americans are killed each year and many more are seriously injured due to truck accidents. According to the group, heavy trucks are a major cause for concern for anyone wanting to prevent serious traffic accidents in Davie and any community across the nation.

Industry experts, however, note that studies have not conclusively proven that larger trucks result in more accidents. They also note that limiting the size and weight of trucks will eventually mean more trucks on the road, as consumer good deliveries and industrial deliveries increase. More trucks can also mean more accidents. Moreover, some safety experts note that truck drivers and truck carriers are already subject to many rules and regulations designed to protect others on the road. This has led some to suggest more rules for drivers of passenger cars to help prevent traffic accidents.

While legislators and advocacy groups seek solutions for car and truck accidents in Davie and across the country, the Federal Highway Administration has announced plans for a study about truck weight limits and truck sizes. The study is to be completed by November 2014.

Whether the new bills pass or not, there are still many things that people can do to help prevent truck and car accidents in Davie and other communities:

•Write to local representatives to express support for bills that may help reduce traffic accidents
•Hone your own driving skills to prevent accidents
•Drive only when sober and alert
•Join an advocacy group aimed at raising awareness about traffic issues
•Consult your community about any high-risk road areas or poorly maintained streets
•Keep your car in good condition
•Report trucks that are in poor condition or driving dangerously
•Obey the rules of the road

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Truck Drivers May Have a Hard Time Recovering for Their Injuries after a Truck Accident in South Miami

Published on: May 9, 2013 | By Flaxman Law Group

Truck drivers who are injured on the job and sustain injuries in a truck accident in South Miami and other Florida cities sometimes have a hard time recovering fair compensation for their injuries. Commercial truck drivers are protected by Florida law and usually have benefits and protections through their jobs, but sometimes still find themselves in financial distress after a serious traffic collision. There are a number of reasons for this:

1) Motor carriers and insurance companies are powerful companies with teams of attorneys on their side. In many cases, motor carriers want to blame the accident on the driver and insurance companies want to settle claims quickly and inexpensively. If the truck driver has sustained a serious injury, such as a fracture, burn, or head injury in South Miami or another community in a collision, however, the cost of their injuries may be quite high. The amount offered by insurance and by motor carriers may not cover the full cost of their injuries.

2) Truck accident injuries for drivers tend to be catastrophic. In most car accidents in South Miami involving a truck, it is the car passengers who suffer the most serious injuries. The size and force of a truck can ensure that those in the smaller vehicle are seriously injured. However, in truck accidents involving injuries to the truck driver, the truck accidents are usually catastrophic and involve a fuel tank fire, rollover, or other catastrophic event that results in serious injuries. In many cases, insurance does not cover the long-term cost of these injuries, and truck drivers may need to seek the help of a personal injury attorney in South Miami or their community in order to get fair compensation.

3) Truck accident injuries for drivers are on the work injuries. This means that they are very often carefully scrutinized. At the same time, while these injuries may be covered by workers compensation in South Miami or in the community where the accident took place, workers compensation may not cover the high cost of these injuries.

4) In many cases, truck drivers are blamed for the accident. This can affect how much money the truck driver can expect to receive in compensation – even if that accident was not in fact their fault. It often means that truck drivers have to work with a personal injury attorney in order to get details about what has really caused an accident.

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The Laws that Protect You and the Laws that Can Prevent Truck Accidents in Miami Gardens

Published on: April 23, 2013 | By Flaxman Law Group

There are many federal and state laws that are designed to protect you after a truck accident in Miami Gardens or anywhere in Florida. There are also a number of laws are designed to help prevent traffic accidents caused by commercial trucks. These laws include:

1) Laws regarding safe loading of trucks. Laws require truck carriers and those responsible for loading to carefully load and secure cargo onto trucks in a way that reduces the risk of rollovers and other types of truck accidents. Drivers, loaders, and motor carriers are responsible for ensuring that cargo is securely tied to the truck and is properly loaded. There are also strict laws concerning how much a cargo truck can carry. Weight scales on highways are designed to ensure that truck drivers do not overload their trucks, which can increase the risk of rollovers, brake failure, tire blowouts, and other types of traffic accidents.

2) Laws regarding screening of truck drivers. Laws require truck drivers to be carefully screened. Commercial truck drivers must pass extensive written test as well as road tests and must receive proper training in order to drive commercial vehicles. In addition, truck drivers are subject to health checks and drug and alcohol screening. This can make them safer than passenger car drivers, who are not subject to these types of laws. Statistics bear this out – drivers of passengers cars are more likely to be charged with DUI than commercial drivers. Motor carriers have a financial incentive for ensuring that they hire safe drivers with excellent records – riskier drivers are more likely to result in expensive lawsuits and increased insurance rates for motor carriers.

3) Laws regarding how long truck drivers can drive. Truck drivers are subject to many federal rules regarding how long they can drive before taking rests as well as the length of their rest periods. In contrast, passenger car drivers have no laws regarding fatigued driving or even distracted driving. In Florida, passenger car drivers are even allowed to text and drive, while federal laws prevent commercial truck drivers from engaging in this sort of risky activity. If a passenger car driver causes a car accident in Miami Gardens because they’re distracted or are fatigued, they may be charged with reckless driving.

4) Personal injury laws. Personal injury laws ensure that if a person is injured in a truck accident in Miami Gardens or anywhere in Florida, they can pursue a legal claim against those responsible for the accident. They can seek a claim against the motor carrier, truck driver, and other liable parties in order to seek compensation for lost wages, medical bills, and other costs. If you’ve been injured in a truck accident, it is often a good idea to consult with a personal injury attorney in Miami Gardens or your community for legal advice.

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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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5 Things That Can Hurt Your Claim After a Truck Accident in Homestead

Published on: March 12, 2013 | By Flaxman Law Group

If you have been injured in a car or truck accident in Homestead or any community in South Florida, your immediate concern will likely be your injuries and damages. However, you will also want to carefully consider your rights and your future. If you decide to file a legal claim at any point, you will want to make sure that you don’t do anything to harm your legal rights. The most common mistakes that people make after sustaining a personal injury in Homestead or Florida include:

1) Not getting professional advice. It is crucial to get medical and legal advice soon after sustaining any injuries in a traffic accident in Homestead or Florida. Even if you do not think you have sustained any injuries, it is important to get a thorough check-up with a qualified doctor. Some injuries – including life-threatening head injuries – may not have obvious symptoms. A doctor’s visit can save your life if you have sustained a serious injury such as a head injury in Homestead or any Florida community. In addition to seeing a doctor, you will want to get legal advice from a personal injury attorney in Homestead or your community. Commercial truck accidents are usually quite complex and an attorney can help you to safeguard your rights.

2) Not getting documentation and information. The more information you have, the better your position for getting fair compensation for your injuries. If you have been injured in a truck or car accident in Homestead or any Florida community, start keeping documentation about your injury. Get copies of the police report, any medical reports or receipts, and keep track of any other information you can. Be sure to ask plenty of questions about your injuries, your rights, and any resources available to you.

3) Your social media presence. If you are active on any social media sites such as Twitter, Facebook, and others, be cautious about what you post after your accident. If you work with a personal injury attorney, discuss your social media presence with your lawyer. In some cases, even innocuous posts – such as a description of weekend events – can be used against you in a legal claim.

4) Leaving the scene of the accident too quickly. Wait until police tell you it is okay to leave, unless you have been seriously injured and need immediate medical attention. Make sure that you exchange contact information and insurance information if the accident was relatively minor. You do not want anyone accusing you of leaving the scene of an accident.

5) Downplaying injuries or symptoms. Florida leads the country in insurance fraud, and as a result insurance carriers are concerned about anyone who might be exaggerating their injuries. In some cases, however, injured motorists understate their injuries because they want to return to everyday activities or work as soon as possible. This can be a problem, as it can aggravate injuries and can make it harder for victims to recover fair compensation for their injuries. If you have sustained an injury that makes it hard to return to work or normal activities, you have sustained a serious injury and it is important to treat the injury as such.

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What To Do If You Are In a Truck Accident in Hollywood or Any Other Community

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

Being involved in a car or truck accident in Hollywood or your Florida community is terrifying, but it is important to take a few simple precautions right away to protect yourself:

1) Contact the police and get a copy of the police report. The police investigate any serious truck or car accident in Hollywood or Florida that may have been caused by a wrongful act or has resulted in serious injury. It is important to contact police because they can get to the scene very quickly, document evidence, and start an investigation. The police report can contain important information about the accident and the causes behind it.

2) Exchange information but do not accept blame for the accident. Be very cautious about what you say at the scene of a traffic accident in Hollywood or anywhere in Florida. Even something as simple as saying “I’m sorry” can be construed as taking blame for an accident. When speaking to others after the accident, exchange information but stick to just speaking about the facts. Say as little as possible after an accident.

3) Seek medical attention at once. Even if you do not appear to be injured, get medical help as soon as possible. Some injuries – including serious head injuries and soft tissue injuries – do not present symptoms right away and it can be harder to prove that your injuries were caused by your traffic accident if you wait too long to get medical help. Delaying medical help can also pose a serious risk. Each year, head injury patients in Hollywood and Florida suffer complications or even sustain fatal injuries because they do not seek medical help in time.

4) Contact a personal injury attorney. Truck accidents tend to be complex situations, with multiple liable parties involved. In addition, the injuries sustained in these types of accidents tend to be serious. Speaking with an attorney who specializes in personal injury in Hollywood or South Florida can help you understand your rights and the likely total costs of your injuries.

5) Contact your insurance company. File a claim as soon as possible after your accident. Keep in mind, however, that the amount your insurance company offers is not written in stone. You may wish to consult with a personal injury attorney to determine what your injury-related long term costs may be.

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Florida Takes on Texting Again: Will it Reduce Car and Truck Accidents in Miami and other Florida Cities?

Published on: February 14, 2013 | By Flaxman Law Group

Florida is considering Senate bill 52. If passed, the law would make texting and driving a secondary offense. This means that if drivers were pulled over for another offense and were found to be texting and driving, they would be fined for texting. State Sen. Nancy Detert, who is behind the bill, has been trying to get a texting ban passed in Florida for the past four years. She has faced some criticism from those who think the bill is too weak. She notes that she specifically seeks to make texting a secondary offense to make it more likely that the bill will pass. In the past, similar bills have not been able to pass the House. Last Wednesday, the bill was approved by The Florida Senate Transportation Committee.

In addition to Senate Bill 52, there is another texting-related bill lawmakers are putting forward. State Rep. Irv Slosberg and Sen. Darren Soto, D-Orlando are filing Senate Bill 708. If passed, that law would allow charged of vehicular homicide to be charged in cases where drivers cause accidents while texting and driving. If that bill passes, it will mean tougher penalties for texting drivers – even if Florida still remains a state where texting and driving are not technically illegal.

Florida is currently one of only eleven states to have no bans on texting and driving. This is despite the fact that numerous research studies and experts have noted that texting while driving is extremely dangerous. The National Highway Traffic Safety Administration, for example, has reported that drivers who text while driving are more than 23 times more likely to be in a crash when compared with un-distracted drivers.

Will a texting bill reduce the number of traffic and car accidents in Miami and South Florida? Many experts and lawmakers think so. The number of studies suggesting that distracted driving is as dangerous as drunk driving is growing. Legislation against drunk driving has helped reduce instances of drunk driving accidents in Miami and Florida, although these preventable accidents can still occur. Reducing distracted driving caused by texting could help reduce rear-end accidents in Miami – and other accidents caused by distraction.

Commercial truck drivers are already prohibited from texting while driving, thanks to federal rules. However, drivers in passenger cars can still cause catastrophic accidents when they choose to look at their mobile devices rather than at the road when driving. Passing legislation would at least allow police to stop drivers who text and drive and allow them to issue tickets.

However, the road to legislation is long. Numerous texting bills have already failed to pass in Florida. Many legislators feel that such bills put too many restrictions on personal freedoms. Some feel that the bills are not tough enough or do not take into consideration the many ways that distraction can occur in a car. While most lawmakers acknowledge that texting and distracted driving do cause traffic accidents in Miami and across Florida, there is no consensus on how to stop these accidents from happening.

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Who is Liable in Your Miami Gardens Truck Accident?

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

Determining liability in a commercial truck accident in Miami Gardens or Florida is often complicated, which is why working with a local personal injury attorney is a good idea. In many car accidents in Miami Gardens and other Florida communities, there is one at-fault driver. In a commercial truck accident, however, there may be multiple liable parties, including the truck driver, the truck company, and others. Who is liable often depends on the causes of the truck accident.

Truck Accidents Caused by Weather or Other Dangerous Conditions

In these situations, drivers are expected to use extreme caution to ensure that they drive safely. When drivers fail to do so, they may be held liable for the accident. Often, personal injury attorneys in Miami Gardens and other Florida communities must conduct careful investigations to determine exactly what has caused an accident.

Truck Accidents Caused by Driver Fatigue

Federal Motor Carrier Safety Regulations (FMCSRs) dictate how long commercial truck drivers can drive before taking a break. These regulations also set rules for rest periods and maximum driving time. The aim of these rules is to make sure that drivers do not fall asleep behind the wheel or drive so fatigued that their judgment and driving skills are impaired. If you are injured in a traffic accident in Miami Gardens or anywhere in South Florida, and it is determined that the truck crash was caused by a fatigued driver, both the trucking company and the truck driver may be held liable if they violated FMCSR regulations.

Truck Accidents Caused by Driver Inexperience or Under-Training

Truck companies who hire a new driver are expected to check the driver’s qualifications and must keep a record of the driver’s qualifications while the driver is working for the company and three years after the driver leaves the company. The driver’s file needs to include past employer recommendations, the driver’s work application, a copy of any road test, documentation about annual reviews, a certificate of physical qualification, any information pertaining to violations and accidents the driver has had, and additional documentation. If a driver causes a truck accident and the truck company did not maintain these records or failed to check a driver’s qualifications, both the driver and the truck company may be held liable in the case.

Truck Accidents Caused by Load Issues

In cases where a tractor trailer’s cargo is not loaded correctly, the cargo can shift unexpectedly, causing a risk of rollovers and potentially causing the truck driver to lose control of the vehicle. Multiple parties are responsible for the cargo. The persons loading the cargo are responsible for loading and securing the cargo correctly. The driver is responsible for ensuring that the cargo is secure and for reporting any issues or problems. The truck company is also responsible for any cargo transported in its trucks. In the event of a truck accident caused by cargo problems, all three parties can be held liable.

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