Personal Injury Attorney News

Flatbed Truck Accident Causes

The term flatbed truck generally refers to a truck or tractor trailer with a flat open bed used for hauling a wide variety of materials and equipment. Some flatbeds are mounted permanently to the frame of the truck while others are pulled and are detachable. With the detachable variety, there are two styles. The first is a standard flatbed where the bed in located above the wheels. The second is the lowboy style where the bed sits closer to the ground. Standard flatbeds are used for hauling logs, building materials, machinery, and many other materials. Lowboys are generally used for moving construction vehicles such as track loaders and cranes as well as large heavy machinery.

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Will Your Truck Accident Claim Benefit From Accident Reconstruction?

Semi-truck accidents are not only more destructive than regular car accidents but also can be significantly more complex. In comparison to the average car accident, semi-truck accidents will typically cause more severe injury and property damage and can be caused by many more factors. These factors can range from defective truck parts to steering mistakes made on the drivers part and many times there will be several factors that will occur together to result in a dangerous truck accident.

As a result of a semi-truck accident or tractor trailer accident as they are sometimes called, many of those involved can be severely injured or may even lose their lives. The damages caused by these semi-truck accidents can often be extensive and disrupt an individual’s life greatly. Those that have suffered injuries as a result of a truck accident caused by another party can potentially recover compensation for their damages.

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As much as you may depend on Uber to help you get around the Clearwater area at a reasonable cost, the risks are always there with the company’s drivers. While Uber continues to refine their vetting process, anything can happen; often, the result is an accident. Unfortunately, we’ve seen far too many ridesharing accidents occur in South Florida.

What makes the aftermath worse is dealing with insurance claims. Would you know what to do if you’re in an Uber accident and need to fill out a claim? You’ll want to know what to do, whether you’re an Uber driver, a passenger, or a pedestrian hit by one of their drivers.

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Accidents happen. According to the National Highway Traffic Safety Administration, in 2015 there were over six million police-reported crashes in the United States. Over the course of a typical driving lifetime, a driver can expect to be involved in three to four accidents. Even with statistics like this, it is still easy to think it will never happen to you. But as the old adage says, you should hope for the best but prepare for the worst. Uninsured motorist coverage can help you do this. 

How do I Prepare for an Accident?

There are various ways a driver can prepare for an accident. Undoubtedly, the best way to prepare for an accident is to avoid one all together. Unfortunately, that is not always possible. A driver can take any number of steps they think will help them avoid an accident, but the reality is, you cannot control the other drivers on the road. You cannotcontrol their driving behavior nor can you control whether they have insurance to pay for the damage they cause, which could quickly climb to several thousand dollars if medical bills are involved.

Florida law mandates a minimal car insurance standard, but Florida does not require drivers to have liability insurance. Even though Florida requires some coverage, Florida ranks number two in the nation for the highest portion of uninsured drivers, which is around 24%.

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Florida motorcycle insurance requirements are based upon the financial responsibility of the owner against liability. The motorcycle owner is not required to carry insurance to register a motorcycle. However, the driver is held financially responsible if charged in a motorcycle crash. A motorcycle owner has three financial responsibility options to choose from.

• Purchase liability insurance for a licensed Florida insurance carrier. This would be the most common way of gaining coverage.
• Secure a Financial Responsibility Certificate. This requires posting a surety bond with a state licensed company and depositing cash or securities with the Department of Highway Safety and Motor Vehicles (DHSMV)
• Obtain a Self-Insurance Certificate from the Bureau of Financial Responsibility after providing evidence of a net encumbered capital.

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According to the Governors Highway Safety Association (GHSA), the total number of pedestrian deaths across the United States has reached a 28 year high.

The GHSA issued a report that showed their statistical analysis regarding the state of pedestrian safety across the country and its findings are anything but good. The report determined that about 6,227 pedestrians were killed in motor vehicle accidents in 2018. That would make the total a 4 percent increase from 2017’s total and the highest fatality rate for pedestrians in the country since 1990. Overall, pedestrian deaths have risen a total of 35% since 2008 according to a statement from GHSA Executive Director Jonathan Adkins.

Why are Pedestrians Being Killed in Vehicle Collisions?

There is no single factor that can account for the massive amount of people getting killed by cars while walking the streets. Like with most major issues plaguing our country, it is a collection of smaller factors working together to create an environment where something like this can happen. Pedestrian accidents seem to be the exception when it comes to transport fatality rates since there has been progress with reducing fatalities among other road users in the past few years.

SUV and Truck Popularity Increases Chance of Pedestrian Death

Pedestrians are always likely to suffer severe injuries when they are involved in a collision with a vehicle. However, the increasing popularity of vehicles like SUV’s and trucks increases an already high chance of death when they collide with a pedestrian. SUV’s and trucks tend to be much larger and heavier than sedans and similar passenger vehicles which increases the force in which a pedestrian is hit with and the surface area that can hit the pedestrian.

There has been a 50 percent increase in the number of SUVs involved in pedestrian deaths since 2013. At the same time, non-SUV passenger cars had a 30 percent increase of involvement in pedestrian deaths over that same time period. SUV’s are a growing percentage of the makeup of registered car types in this country and are likely to cause more significant injury. The majority of cars involved in pedestrian fatalities are still non-SUV passenger vehicles but SUV’s are steadily closing the gap.

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Sexual harassment, by employers or otherwise, is nothing new. But with the recent social media campaigns that focus on standing up and fighting back, like #metoo and Time’s Up, a lot of questions have been raised about what rights women have when it comes to recourse for sexual harassment. The biggest one is probably, “Can I sue my employer for sexual harassment?”

The short answer is yes, you can sue your employer for sexual harassment or sexual assault violations. But there are also a lot of things that you can do to stop sexual harassment in the workplace that not only greatly increases the chances of stopping it, but are also necessary stepping stones toward litigation.

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Due to the rate at which people are injured while on the job and the conflicts that come with employees having to sue employers for their injuries, Florida requires employers to purchase workers’ compensation insurance, better known as workers’ comp. Florida Workers’ Compensation laws require employees to avail themselves of workers’ comp if they were injured on the job. By doing so, employees are generally prevented from suing their employers. So if you were injured on the job, what does workers’ compensation cover? And is your employer ever liable for your injuries in a court of law outside of the workers’ compensation requirements?

Obtaining Compensation for Your Workplace Injury

Because workers’ compensation is a type of insurance, it generally covers what you would expect your car insurance policy to cover if you were injured in an automobile accident. This includes, but may not be limited to:

• Medical bills
• Lost wages
• Prescription medications
• Medical equipment
• Income replacement
• Certain job replacement benefits

The nature and extent of your benefits depend on whether your injury created no disability, a partial disability, or a permanent disability.

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Questions about Medical Malpractice

• Isn’t It Obviously the Hospital or Doctor’s Fault?

Sometimes the surgeries can be easily prevented, such as the case when surgeons leave behind medical instruments and tools or when they operate on the wrong side of the body. However, it’s not always this clear cut. Sometimes, illnesses or complications arise months later that were caused by a botched surgery. However, these examples are a lot harder to prove than finding a surgical sponge left in your body.

• Do You Need an Expert Witness?

In complex cases involving technical errors or distinctions, a valid expert may be needed to explain how the surgery was due to a doctor’s negligence. Often times, these expert witnesses will be master surgeons who can clearly see and articulate how negligence was involved in an injury. These expert witnesses are often critical to medical malpractice cases.

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Florida, like many other states, requires drivers to carry insurance, and those who drive without it face stiff penalties. For all practical purposes, letting one’s car insurance lapse is like having no insurance at all. Each policy has an expiration date and when a policyholder doesn’t pay the premium after renewal notices from the carrier, the insurance expires. This creates a gap in coverage until the policyholder makes a payment and reinstates the policy.

In this post, we review Florida’s insurance requirements and penalties for uninsured drivers, and offer some suggestions for how to handle a car accident that involves an uninsured motorist, regardless of which party caused the accident.

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https://www.dolmanlaw.com/legal-services/auto-accidents-attorneys/

Understanding Truck Accident Claim Statute of Limitations

Truck accidents cause devastating injuries with extended recovery times. Some wounds inflicted in an accident may never heal. The window of time to take legal action for damages arising out of a truck accident, however, will end, and sooner than you may think. In this blog post, we discuss the ins-and-outs of the statute of limitations for truck accident claims in Florida. If you have sustained injuries or lost a loved one in a truck accident on Florida roads, contact a truck accident attorney today.

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Homeowners Insurance Doesn’t Cover All Water Damage

Florida can easily be considered one of the wettest places in the entire country. Floridians are no strangers to what all that water can do to their homes. This possible water damage is a constant threat to a typical Florida home that most homeowners try to combat with homeowner insurance.

In the event that your home sustains enough water damage to warrant a homeowner’s insurance claim, it’s important to not only know all the different ways that water can compromise your home and how to get the most out of your water damage claim but to also know what kinds of water damage are not covered.

Types of Water Damage Not Covered By Homeowner’s Insurance

When Floridians hear the words “water damage”, they cannot help but have their thoughts drift to the possibility of flooding or storm surge submerging their home. Flooding and storm surge is a somewhat common occurrence in Florida thanks to the ravaging storms and hurricanes that bombard the coastlines in summer.

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Rear-End Collision in Florida

According to the National Highway and Traffic Safety Administration, nearly one-third of all traffic accidents are rear-end collisions. That means that 1 in every 3 car crashes happens in this way. This statistic shows just how common these collisions are, leading one to wonder what they need to know about this type of accident.

Being Involved in a Florida Rear-End Crash

It’s always unfortunate to be involved in a rear-end collision. Whether you’re the victim of the accident or the driver being held responsible, you’re likely to be faced with at least some stressful bills, paperwork, pain, suffering, and/or emotional distress. Regardless of the outcome, it’s safe to say that there is nothing good that comes out of a rear-end collision. They are inconvenient, stressful, and can be, painful.

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Sustaining a head injury in a car accident is a fairly common occurrence. Summarized from an article on HG.org, a legal resources information site, even a mild fender bender will likely jerk you enough to make your head bang against your headrest. Even this minor bump is enough to cause damage to the sensitive brain organ; equally as likely is the prospect of the damage being much worse since cars travel at such high speeds and brains are so susceptible to damage. Either of these events or anything in between may cause neurological issues after a car accident.

Nerve damage can occur during a car accident and cause serious debilitating effects, such as severe pain, crippling headaches, emotional and mental disorders, and the inability to work.

There are various types of nerve damage that can occur when you are involved in an auto accident, and each one has a different set of symptoms and treatments. Consequently, the three ways nerves are generally damaged is by pressure, stretching, or the severing of the nerve itself. When it comes to car accidents, the most common ways your nerves can be damaged include;

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The fundamental concept behind personal injury claims is that some else has caused you damage and you are entitled to compensation from that person for what you have lost. Common examples of personal injury claims include auto accidents, dog bites, slip and falls, medical malpractice and motorcycle accidents.

Elements of the Claim

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It’s safe to say that we have all slipped and fallen a few times in our lives. Whether it’s a child’s toy, a dog’s bone, or some spilled milk, many slips and falls result in nothing more than a bruise. However, when you slip and fall outside of your home, especially on concrete, in a construction zone, or when you are out to dinner, the nature of those injuries may be more severe.

As the plaintiff in an action for personal injuries after a slip and fall accident, you will have the burden of presenting the court with specific evidence that supports both a defendant’s liability for your fall and shows that you were not negligent. For example, what if you spilled the water you slipped on at the restaurant? A Florida personal injury attorney can help you sort through the evidence needed in a slip and fall matter, but much of this evidence must be gathered almost immediately after the accident, and you may not have time to consult an attorney regarding such.

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How Do I Find A Good Lawyer For My Personal Injury Case?

It is essential that you know the following about your personal injury attorney or law firm

• Does the lawyer or firm have the financial resources to handle your case and retain the proper experts or do they operate on a shoestring budget?
• Does your law firm have a reputation for trying personal injury cases before juries?
• What experience does your lawyer have at handling personal injury cases?
• Does your lawyer handle only personal injury matters, or a garden variety of practice areas?

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Consequences of Lapsed Auto Insurance

Florida, like many other states, requires drivers to carry insurance, an0d those who drive without it face stiff penalties. For all practical purposes, letting one’s car insurance lapse is like having no insurance at all. Each policy has an expiration date and when a policyholder doesn’t pay the premium after renewal notices from the carrier, the insurance expires. This creates a gap in coverage until the policyholder makes a payment and reinstates the policy.

In this post, we review Florida’s insurance requirements and penalties for uninsured drivers and offer some suggestions for how to handle a car accident that involves an uninsured motorist, regardless of which party caused the accident.

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https://www.dolmanlaw.com/legal-services/auto-accidents-attorneys/