Causes of trucking accidents

Most trucking accidents are not like car accidents. As a result of massive truck sizes, accidents with these vehicles often cause catastrophic damages to other drivers, other vehicles on the road and nearby people and property.

Some causes of truck accidents include:

• Exhausted drivers
• Poorly trained or poorly supervised drivers
• Hazardous spills
• Unbalanced freight
• Defective vehicles or parts
• Inebriated or impaired drivers

In addition, drivers of smaller vehicles who underestimate trucks’ blind spots or their difficulties braking or maneuvering quickly can contribute to truck accidents.

Federal and state regulations: trucking accident liability

Stringent state and federal regulations and insurance requirements are designed to minimize accidents. The federal government and Florida scrutinize truck companies’ compliance with safety requirements and insurance protocols. Despite often being a vehicle’s registered owner, a trucker is considered a statutory employee of the trucking company, and the company is responsible for the driver’s on-the-job conduct. In addition, Florida law requires trucking companies carrying volatile or unsafe materials to carry sizeable liability insurance.

A Florida attorney who has successfully represented trucking accident victims will be familiar with all trucking regulations, insurance requirements and strategies for obtaining the maximum compensation for your injuries.

According to the Occupational Safety and Health Administration (OSHA), there were 227 workers killed on the job in 2012 in Florida. The construction industry reported the largest number of deaths in the workplace (41).

Common construction site accidents

A typical construction site contains a volatile mix of frenzied activity, dangerous gear and hazardous materials in frequently closed locations. Site owners and contractors have a duty to provide their workers with safe conditions and adequate training for their challenging tasks. Unfortunately, some developers, contractors and owners are less concerned with worker safety than with their profit margins.

Some common hazards in the construction industry are:

• Falls. Falls from elevated and shaky scaffolding and ladders can cause major back and head injuries, and falling onto rebar imposes impalement dangers.

• Falling objects. Falling objects can crush limbs and cause traumatic brain injuries.
• Slipping and tripping. Uneven surfaces, cables, uncovered holes and slippery floors can cause slipping or tripping that results in broken limbs or concussions.
• Faulty equipment and vehicles. This includes defective and/or inadequately maintained tools, cranes and motor vehicles that can cause accidents.
• Toxic substances. Exposure to asbestos and noise pollution can have devastating short- and long-term effects on your respiratory and/or nervous system.

Floridians doing construction work in our tropical climate are also susceptible to heat stress for much of the year.

If you think your workplace injury was caused by safety violations or negligent superiors, you should consider retaining a Florida workers’ compensation attorney who can help you obtain just compensation.

Generally, you must bring your lawsuit within two years of the date that you discovered or should have discovered that your injuries were caused by medical malpractice. Unless a doctor or institution conceals the malpractice, patients cannot sue a healthcare provider more than four years after the malpractice took place — even if the victim or family was unaware of the medical mistakes beforehand. If there was concealment, you have seven years from the date of the alleged act of malpractice to file your claim.

There is an exception if the victim of malpractice was a young child. And any case that involves a birth injury gives you a longer amount of time to file. Because the rules are so complicated, you should never assume that it is too late to file without talking to an attorney.

2. Patients often cannot testify to important events

By definition, if you were the victim of medical malpractice, you were sick or injured. Due to your pain and/or fear at the time, you may not be able remember what happened to you and to describe it accurately. Furthermore, pain medications may dull your ability to think and remember. If the mistake occurred during or after a surgical procedure, you may have been unconscious. Even if you think that you remember, if you took any drug that tends to interfere with memory, the defendant’s attorney may argue that your testimony should not be trusted.

3. Identifying all possible defendants

In many, maybe even most, medical malpractice cases, there is more than one defendant who may be responsible. Depending on the circumstances, you may need to analyze the actions of all the doctors, nurses and other employees of the medical facility, and the hospital itself. If your claim involves a drug or medical device, the manufacturer, distributor and other companies in the chain of sale may be responsible.

In some cases, there may be several defendants, any or all of whom might be partially responsible, and the question is how to apportion the damages. In others, the question may be whether you were injured by malpractice at all, or if your situation resulted from a known side effect or surgical complication.

4. Medical professionals stick up for each other

In Florida, you may not file a lawsuit for malpractice unless it is accompanied by an expert opinion stating that the defendant was negligent and that you were injured as a result. Even a second doctor who believes that what happened to you should not have occurred may still be reluctant to point a finger at a colleague.

5. Obtaining full reimbursement for your damages

Medical malpractice insurance policies are limited to a certain amount of damages. If your damages exceed this amount, you may face the difficult task of trying to collect the rest from the defendant’s personal funds. In some cases, even people who appear to be wealthy have few assets – or they have learned how to make them hard to find.

Furthermore, Florida law caps recovery of noneconomic damages for medical malpractice at $500,000 in most cases, and $1 million in cases of death or very severe and permanent injuries. Medical bills, both past and future, are not limited to any predetermined amount. But recovery for pain and suffering, and any other kind of damages for which you cannot produce a receipt, are limited.

How can anyone win a medical malpractice case given all these obstacles?

If you or a loved one has possibly been the victim of medical malpractice in the Tampa-Clearwater area, you should call an experienced Florida medical malpractice attorney. Only certain firms have the experience to help you overcome these kinds of obstacles and win your case.

Wear a helmet

Although Florida law permits riders over the age of 21 to ride without a helmet if they carry $10,000 or more in medical benefits insurance, all riders benefit from their use. Motorcycle helmets have been shown to be 29% effective in avoiding fatal injuries, and 67% percent effective in avoiding serious brain injury.  For additional protection, riders should wear a helmet that provides full face protection.

Use protective clothing

Proper clothing also helps riders to avoid serious injury from crashes and roadside debris. Important clothing items include specialized padded motorcycle jackets, bright and conspicuous clothing, and either jeans or leather leg coverings as well as appropriate shoes or boots.

Pay attention to weather conditions

Because motorcycles have less traction than cars and do not have windshield wipers to ensure front visibility, motorcyclists are highly prone to harm from poor weather conditions such as rain or sandstorms.  Therefore, before going out in the road, motorcyclists should always check the weather reports and avoid riding in dangerous weather conditions.

Avoid distractions

Distracted driving can be deadly. This is particularly true for motorcyclists. The enhanced risks and limited visibility of motorcycles requires motorcyclists to remain extremely aware of their surroundings.  This is impossible if the rider is changing the settings on an iPod or looking at a phone while riding.

By following basic safety protocols, a motorcyclist can greatly reduce the likelihood and potential harm of an accident. If you or a family member has been injured or killed in a motorcycle accident, it is important to retain an experienced, local personal injury firm that can help you receive the compensation that you deserve.