Problematically for Eagle Express, one of the drivers involved in the crash, Steve Holland, had a history of unsafe driving violations on his record. The charges included speeding, careless driving, using an improper license plate, and driving an unsafe vehicle.

The Florida Highway Patrol Incident Report 

According to the Florida Highway Patrol, Steve Holland’s semi bumped into a Honda which sent both vehicles over the median and into oncoming traffic. Another truck and a passenger van struck the vehicles head-on. The passenger van was holding several children, five of whom died in the accident. Both semi-truck drivers died.

While FHP and the National Transportation Safety Board (NTSB) are still conducting investigations as to what caused the accident and what could have been done differently to prevent the accident, attorneys for the families maintain that it was Holland that initiated the contact with the Honda and this directly led to the vehicles ending up on the wrong side of the road. However, we don’t have enough information yet to determine whether the driver was negligent for the accident.

It could also be that the Honda driver stopped abruptly or otherwise did something unsafe in traffic. If that turns out to be the case, then even the fact that Holland had a history of unsafe driving won’t help the plaintiffs in court.

If Holland is responsible for the accident, then not only will the trucking company take liability for their driver, but they can also be sued directly for negligent hiring and negligent entrustment. This is a much stronger cause of action than a claim filed against a driver on a theory of vicarious liability.

While it’s true that companies are responsible for the conduct of their employees while they’re engaged in their work, direct negligence claims against the company go above and beyond commercial driving liability insurance claims. They are claims that are filed directly against the company and they are paid directly from the company’s coffers unless they have a separate policy.

This is very bad for the company but worse still for the families that lost children in the accident.

Talk to a Miami Truck Accident Attorney Today

When a trucking company employs a driver with a history of driving recklessly, they can be held accountable for putting the public at risk. If you’ve been involved in an accident involving a commercial truck, contact the Miami personal injury attorneys at the office of Alan Goldfarb, P.A. for a free consultation and to learn more about how we can help.

Resource:

wcjb.com/content/news/Eight-more-lawsuits-filed-in-the-deadly-I-75-accident-from-January-3rd-513208901.html

https://www.goldfarbpa.com/many-are-injured-at-trampoline-parks-but-is-the-park-negligent/

The women were trying to make a left-hand turn. The truck, which was hauling portable toilets, hit the car from behind. The car spun into oncoming traffic where it was t-boned on the passenger side. The force of the blow was so severe that first responders initially believed there were only three victims. The bodies were so mangled that it wasn’t until later that they realized there was a fourth.

The driver had been issued three traffic citations prior to the accident including one for driving without a license.

The area, however, is known as one which produces a lot of accidents. The area between mile marker 78 and 80 sees a number of folks who pull over to launch boats and have picnics. After the crash, Monroe County Sheriff Rick Ramsay petitioned Florida Department of Transportation to reduce the speed limit to 45 mph.

When is a Company Liable in a Traffic Accident Lawsuit?

Typically, when a driver for a company hits, injures, or kills another driver while on the job, the company’s extensive insurance policy manages the payment to the injured party. However, if it can be successfully argued that the company employed the services of an unfit driver then the company can be targeted for punitive damages as well.

The claim boils down to negligence. A company has a duty to hire qualified and fit drivers to haul their products. When they fail this standard of care, they are endangering others on the road. If that breach of care causes injuries, then they are liable. If they knew beforehand that the driver was unfit or potentially dangerous to others on the road then they can be targeted for gross negligence with carries with it the potential for punitive damages.

Attorneys for the women’s families have come out to say that the driver’s conduct and the company’s willingness to keep him on the road is tantamount to manslaughter. That is very strong rhetoric. Chances are they will be targeting the company for punitive damages.

Will the Company’s Insurance Policy Cover This?

While most commercial insurance policies have very large policy limits, it’s unlikely that insurance alone will cover four wrongful deaths and punitive damages. In some instances, punitive damages can void the policy coverage. Either way, it is very likely that the company will be footing a large portion of the bill to settle this claim.

Alan Goldfarb P.A. Manages Personal Injury Lawsuits

Alan Goldfarb P.A. represents those who have been injured in accidents with commercial trucking companies. He and his team can you secure a fair settlement or take your case before a jury if the insurance company plays hardball. Give us a call at (305) 371-3111 or contact us online for a free consultation.

Resource:

miamiherald.com/news/local/community/florida-keys/article214432919.html

The prevalence of fatigued commercial truck operators served as a basis for the Federal Motor Carrier Safety Administration establishing a new regulation that requires commercial truck drivers to electronically record their hours while they are behind the wheel, according to Fox 2 News.

Commercial truck drivers have been required to maintain hour logs since 1938, but federal regulators and trucking safety advocates pointed out the fact that paper logs can easily be manipulated or “lost” by the truck driver, or their employer, after a collision.

Mandating the use of electronic hour logging devices will help combat against this type of abuse by automatically recording the amount of time a truck driver has been on the road. These devices can also monitor vehicle movement, the total number of miles driven and even the exact location of a big rig.

This data will enable roadside safety inspectors to discover violators, hopefully, before a serious accident occurs.

Regulators estimate that these electronic monitoring devices will provide savings in the realm of $1 billion per year just by reducing the amount of paperwork that needs to be filled out by trucking companies and regulators.

More importantly, regulators anticipate these new devices will help save more than 25 lives and prevent more than 550 injuries each and every year as a result of a drop in the percentage of fatigued truck operators on roads and highways.

Push Back from the Trucking Industry

Despite the data showing financial savings, lives saved, and injuries prevented, the trucking industry is not happy with this new regulation. For example, the Owner-Operator Independent Drivers Association filed a lawsuit in an effort to stop this regulation from going into effect. Fortunately, their efforts did not prove fruitful and the regulation went into effect.

What To Do After a Truck Accident

If you or a family member was involved in a serious accident caused by a drowsy or fatigued truck driver, it is important to take legal action right away to ensure the data maintained in these monitoring devices is preserved and accessible by your legal counsel. Even with this safety regulation in effect, it can prove challenging to get a copy of the “black box” data maintained in most tractor-trailers. This is why your Miami truck accident attorney should immediately send a letter to the trucking company requesting that any and all electronic evidence from the big rig be preserved as soon as possible.

Injured in a Truck Accident? Speak to a Miami Truck Accident Lawyer Today

If you or a loved one suffered a serious injury in a wreck caused by the carelessness or fatigue of a commercial truck operator, swift action in retaining top-notch legal counsel is strongly recommended. Call the Miami personal injury attorneys at the office of Alan Goldfarb, P.A. today to schedule a free case review.

Resources:

nytimes.com/2014/06/17/business/truckers-resist-rules-on-sleep-despite-risks-of-drowsy-driving.html

fox2now.com/2016/01/05/new-laws-will-affect-how-truck-drivers-log-hours/

Federal Regulations Concerning Commercial Trucks

The Federal Motor Carrier Safety Administration is responsible for regulating all commercial vehicles, including tractor-trailers, big rigs, semi-trucks, and so forth. The federal regulations issued by the FMCSA involve specific actions of truck operators, maintenance of commercial vehicles, and trucking companies.

For example, commercial truck drivers are required to undergo regular testing for alcohol and drugs. There are post-accident testing protocols that can be utilized to assist accident investigators in determining whether the underlying cause of a collision was intoxication.

Another set of important regulations involving truck operators are hours of service. For example, a commercial truck driver is prohibited from operating a commercial truck after eight days of work until they have taken at least 34 hours off duty. This regulation is in place to prevent commercial truck drivers from operating these massive vehicles while being fatigued and drowsy.

Respondeat Superior

Commercial truck companies do all they can to try and show their drivers were compliant with federal regulations because, if a violation is discovered, it typically means the truck company can be held liable for any injuries caused by the truck driver’s negligence. This is due to a well-established tort principle known as respondeat superior. This means that an employer can be held legally responsible for the negligent acts of an employee if those acts are committed in the course of employment.

Companies Required to Provide Routine Maintenance to Commercial Big Rigs

There are a number of regulations governing the frequency and types of maintenance that a truck company must complete to ensure their vehicles are safe to be on public roads and highways. If it is discovered that a trucking company neglected to perform routine maintenance and that resulted in a collision, the company can be held responsible for their negligence.

Obtaining Vital Evidence to Establish Your Injury Claim

If you file a personal injury claim against the truck driver and their employer, it is extremely important to take swift action in collecting evidence. For example, most commercial big rigs have a “black box” that tracks important information such as the speed of the truck before and during the time of the collision, the stops made, and so forth. The information on a black box has the power to make or break a truck accident injury case.

Contact a Miami Truck Accident Injury Lawyer Today

As you can see, when you or a family member is involving in a collision with a commercial truck, you need to take legal action sooner rather than later to ensure important evidence is preserved. You also need to have an experienced attorney by your side to take on the big trucking company. That is why you should contact the Miami truck accident injury lawyers at the office of Alan Goldfarb, P.A. to schedule a free consultation.

Resource:

fmcsa.dot.gov/regulations/hours-service/summary-hours-service-regulations

The young girl was a passenger in a Jeep Liberty being driven by a 22-year-old woman and occupied by another woman and three children. A semi-trailer suddenly began to close in on the Jeep, according to investigators, which then caused the driver of the Jeep to brake to avoid a collision. This caused her to lose control causing the vehicle to roll over multiple times, according to The Miami Herald. Four of the occupants in the Jeep suffered serious injuries and, sadly, the 5-year-old girl passed away due to the severity of her injuries.

Taking Action to Hold the Negligent Party Accountable

If you were injured or you lost a loved one in an accident caused by a truck, a Miami personal injury attorney can help you file a civil lawsuit to pursue financial restitution for the expenses you have been saddled with as a result of the collision.

When a commercial tractor-trailer is involved in a collision, a personal injury or wrongful death

claim is filed against the truck company that owned the actual big rig, in addition to the truck driver. The truck company is liable due to a long-standing legal principle known as respondeat superior. This is a legal term that essentially means an employer is responsible for the negligent acts of their employees if the acts are committed while the employee is performing a work-related duty. When a truck operator is hauling materials on a road or highway, they are within the scope of their employment.

How a Miami Truck Accident Attorney Can Be of Service to You

If you are contemplating taking legal action against a large truck company, do not go it alone. Truck accident injury claims are some of the most complex and heavily litigated in the field of personal injury law. As mentioned, there are likely multiple parties who may be liable for your injuries. Nevertheless, it is quite common for defendants to deny fault and refuse to agree to a fair and reasonable settlement. This is where an experienced and skilled attorney can be of service. They can go to work for you collecting evidence from the crash, contact witnesses, retain experts, review your medical records, and take other actions to help strengthen your injury claim.

Having an attorney on your side is also beneficial because, following a serious collision, many truck companies immediately commence an investigation of the accident. Level the playing field by having a lawyer investigate the wreck on your behalf.

Contact a Miami Personal Injury Lawyer Today

Now is the time to reach out to an attorney to schedule a free case review. In Florida, there is a statute of limitations for all civil claims so you only have a finite period of time to file a lawsuit. The Miami injury lawyers at the office of Alan Goldfarb, P.A. are ready to help.

Resource:

miamiherald.com/news/local/community/miami-dade/kendall/article184273578.html

The FMCA based its decision not to regulate on the preference for letting trucking companies and large railroads make an internal decision on whether to test for sleep apnea. This is alarming since one railroad took it upon itself to test employees and discovered that nearly 12 percent of its

engineers have sleep apnea, according to scpr.org.

Serious Safety Risk to Have Truck Drivers and Train Operators Struggling with Sleep Apnea

Sleep apnea is a major safety issue for the transportation industry because drivers, engineers, conductors, etc. who are afflicted may wind up dozing off in the middle of the day. This is because they are repeatedly awakened and robbed of much-needed sleep as their airway closes and their breathing stops.

The National Transportation Safety Board (NTSB) announced that it was “disappointed” by the decision to scrap this important public safety regulation. A spokesperson for the NTSB revealed that sleep apnea has been attributed to at least ten deadly accidents on railways and highways investigated by the NTSB over the past 17 years. The NTSB has been advocating for sleep apnea testing for railroad engineers after discovering that a Metro-North engineer fell asleep at the controls of a train in 2013 resulting in the death of four innocent lives. It was discovered that he had an undiagnosed case of sleep apnea.

Most railroad companies require train engineers undergo vision and hearing testing every three years, at the very least. Some railroads also require the completion of an annual physical. However, there are currently no federal regulations governing in-depth medical examinations of railroad engineers.

Trucking Accidents on the Rise

The number of commercial trucks on roads and highways has only increased as the economy has improved falling a steep decline stemming from the 2008 financial crisis. Approximately 3,852 people were killed in commercial truck accidents in 2015. This represents a 22 percent increase when compared to fatal truck accidents in 2009.

Hold Trucking and Railroad Companies Responsible in Court

If federal regulators are opting to capitulate and not regulate, one way to hold these companies responsible for failing to test for relevant health conditions is in the courtroom. If you or a loved one was seriously injured in a commercial truck accident or railroad accident, contact an experienced Miami personal injury attorney. Filing a claim against the company and holding them accountable in court will send a signal that these companies need to place a priority on public safety and mandate testing for sleep apnea and other serious health conditions.

Speak to an Experienced Miami Personal Injury Lawyer Right Now

The seasoned and skilled trial attorneys with the Miami office of Alan Goldfarb, P.A. are here to help you and your family. We work tirelessly to hold negligent corporations accountable for their reckless or callous actions that resulted in bodily harm to you. Contact our office today to schedule a free case review.

Resources:

scpr.org/news/2017/08/08/74451/us-nixes-sleep-apnea-test-plan-for-truckers-train/

cbsnews.com/news/feds-scrapping-sleep-apnea-testing-plan-for-truckers-train-engineers/

The semi-truck driver was transported to Tallahassee Memorial Hospital where he died as a result of his injuries, according to WTXL.com. The driver of the SUV walked away with no injuries. Florida Highway Patrol Troopers indicated that charges are pending against the SUV driver since it appears they attempted to improperly pass the semi-truck when the collision occurred.

Condolences go out to the loved one’s of the semi-truck driver. Their lives are changed forever as a result of this unfortunate collision.

Pursuing Some Semblance of Justice Through a Wrongful Death Claim

The loved ones of a victim who died in a serious auto accident may be hesitant to take legal action. They may feel overwhelmed and stressed out due to the myriad issues that need to be addressed when someone passes away suddenly. This is why it makes sense to retain the services of an experienced Miami wrongful death attorney. An experienced lawyer can take the burden off of you when investigating the accident and filing the necessary paperwork to pursue a claim against the negligent driver’s auto insurance policy.

Basis for a Wrongful Death Claim

The grounds for a wrongful death claim in Florida require meeting a four-step analysis: (i) proof of a duty of care, (ii) breach of that duty by the other driver, (iii) damages, and (iv) causation. These elements can be established through accident scene photographs, a police report, and interviewing witnesses.

Recoverable Damages for the Loved Ones of a Victim under the Florida Wrongful Death Act

No amount of money can ever truly compensate a spouse or child for the loss of a loved one. Nevertheless, our civil justice system focuses on the recovery of damages as a way for families to pursue some semblance of justice against a negligent party. The damages that can be pursued  through a wrongful death claim include:

• Medical and/or funeral expenses paid on the deceased person’s behalf;
• Compensation for the loss of support and services of the decedent;
• Loss of companionship
• Punitive damages (depending on the facts of the case)
  

Take Action Sooner Rather than Later

The loved ones of an accident victim do not receive an infinite amount of time to pursue a wrongful death claim against the negligent driver. As with every lawsuit, there is a time period in which a claim must be filed and this time period of set forth by state lawmakers in a statute of limitations. Once the statute of limitations expires, the courts effectively lose the jurisdiction to punish negligent individuals.

In Florida, the statute of limitations for filing a wrongful death claim is two years from the date of your loved one’s death. Indeed, it is important to file your claim well within the two-year period.

Speak to a Miami Wrongful Death Lawyer Today

The attorneys at the law offices of Alan Goldfarb, P.A. are ready to help you and your family fight for justice and honor the memory of your loved one. Our firm features Florida Super Lawyers and attorneys named to the Best Lawyers in America. Contact our office today to schedule a free, confidential case review.

Resources:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/Sections/0095.11.html

wtxl.com/community/update-victim-identified-in-fatal-i–crash/article_0b101a48-3109-11e7-875e-737733aead37.html

Causes of Serious Commercial Truck Accidents

As you can see from the horrific accident described above, when a big rig is involved in a crash, the ramifications can be quite serious. This is why the Federal Motor Carrier Safety Administration (FMCSA) oversees a set of federal regulations that commercial truck companies and operators must adhere to on roads and highways across the country. FMCSA regulations include specifying maximum speed limits, limiting the amount of time truck drivers can be on the road, requirements to log the miles driven and hours on the road, weighing the vehicle periodically, checking the truck for balding tires and other mechanical issues, etc. If it turns out that the truck company or operator violated one or more of these regulations, it can establish liability for harm caused by the non-compliance of these important safety regulations.

Taking Legal Action

A truck accident injury lawsuit is typically filed against the truck company that owned the big rig, dump truck, or 18-wheeler that collided with your vehicle. Why is the lawsuit against the company and not just the driver? Because the company, as the owner of the commercial truck, bears responsibility if an agent of the company (i.e. the truck operator) misuses the vehicle or fails to operate it a reasonable manner and that negligence causes harm to someone else.

Compensation That Can Be Recovered in a Truck Accident Injury Lawsuit

If you or a loved one decides to pursue an injury claim against the truck company, the compensatory damages you can pursue include:

• Your medical bills (both incurred medical bills and future medical bills)
• Any lost wages from time missed from work
• Pain and suffering

Depending on the facts of your case, you may also be able to pursue punitive damages. This is a unique form of damages designed to punish the at-fault party for their egregious conduct.

How a Miami Truck Accident Lawyer Can Help

If you or a loved one was seriously injured in an accident involving a tractor-trailer or big rig, you need to speak to an experienced personal injury attorney sooner rather than later. Why? Because large truck companies have a team of defense lawyers and claims adjusters who will go to work immediately upon learning of a serious accident. You need to level the playing field.

Your lawyer can get to work collecting evidence, interviewing witnesses, obtaining copies of the accident report, obtaining copies of accident scene photographs, etc.

Your lawyer can also take the burden off your shoulders of dealing with the claims adjuster assigned to your case. Your lawyer can negotiate to see if it is possible to reach a settlement you are happy with. If the truck company only makes unacceptable, lowball offers, then you can take comfort in knowing that you have an experienced advocate on your side who will take your case all the way to a jury trial.

Miami Truck Accident Lawyers Here to Help

Alan Goldfarb, P.A. understands the complexities of commercial trucking accidents. We understand that they are different from car accident cases and require intense preparation and investigation. Contact our office to schedule a free consultation at (305)371-3111 or call toll-free at (866)936-9761.

Resource:

local10.com/news/miami-dump-truck-driver-fell-asleep-behind-wheel-before-causing-fatal-crash-report-says

The 53-year-old man was returning to his vehicle, 1999 Chevrolet Prizm, located along the right shoulder of the highway. The truck allegedly hit the rear of the Prism along with the driver. Florida Highway Patrol is currently investigating the accident. It’s unknown whether the truck driver will be charged with a crime or cited for any traffic violations.

Miami-Dade County had More than 1,400 Commercial Vehicle Accidents in 2015

According to the Florida Department of Highway Safety and Motor Vehicles, the number of commercial vehicle accidents decreased by 1.58 percent from 2014. A commercial motor vehicle is used to transport passengers or cargo from one place to another. The motor vehicle is generally larger than a passenger vehicle.

A truck accident may have occurred because of a series of factors. These factors may not involve negligence. This means the accident was an unfortunate accident and no one is at fault. However, if a truck accident happened because of negligence, filing a personal injury claim depends on who was at fault.

Negligence in Miami involves a Driver’s Actions Causing a Truck Accident

Negligence occurs when a driver fails to operate a motor vehicle in a reasonable manner, and that failure leads to damage. Every person operating a motor vehicle in Florida has a duty to pedestrians, passengers and other drivers.

For instance, a truck driver must watch out for all drivers stopped on the shoulder of the highway. If another truck driver of reasonable skill would have watched out for an individual walking to his car on highway’s shoulder, the truck driver who caused the accident would be liable. This means the truck accident was preventable and the truck driver had a duty to avoid harming the individual on the shoulder of the highway.

In a truck accident, more than the truck driver could be liable for the accident. Other parties who could be sued are:

• Trucking companies who encourage bad behavior or failed to regulate their drivers. Encouraging bad behavior may include encouraging their drivers to drive more than sleep to get to their destination.
• Tractor trailer manufacturers who may have made a defective part. The defective part may have led to the truck accident.

We Have Experience Fighting for Victims Harmed in a Truck Accident

Truck accident injuries can range from minor to serious. Unfortunately, these accidents could cause devastating injuries or even death. If you or a loved one was hurt in a Miami truck accident, contact us for help. We will fight for compensation for you. Contact us at the office of Alan Goldfarb, P.A. for a free consultation to learn more about obtaining money to help you recover from your injuries.

Resources:

patch.com/florida/miami/53-year-old-man-killed-truck

flhsmv.gov/pdf/crashreports/crash_facts_2015.pdf

Witnesses to a tragic truck accident were unable to do anything to help the truck’s driver after he crashed into a tree and his rig caught fire. According to reports, the Miramar accident that claimed the life of the truck driver, who was from Georgia, occurred when the truck jackknifed and brought down power lines after striking trees. The truck’s cabin went up in flames and witnesses who were not able to get close enough to the burning vehicle to help the man.

Taking A Step Back

Sadly, witnesses to this accident could not make a difference without the likelihood of putting themselves in mortal danger, but had the circumstances been different, the outcome may have not been as tragic. Many times, witnesses to an auto accident heroically step in and take extraordinary measures they may not even realize they are capable of taking until that moment, and a valuable life can be saved. Other times, though, onlookers may be hesitant to step up and help and may opt to not get involved out of a concern for being held liable if something should go wrong for the accident victim as a result of their assistance.

Heroes Protected By Florida Law

In an effort to protect its do-gooders, Florida has enacted its Good Samaritan law to protect those who do make an effort to provide aid to those who have been injured in an emergency situation or as a result of a public health emergency. Found at Florida Code Section 768.13, the law protects those who provide care or treatment in good faith to an injured person, so long as the injured person does not object to the treatment offered, from being held liable for any damages resulting from the care or treatment. The aid offered, however, must be treatment that someone in the same or similar situation would offer – so there are some scenarios where, presumably, a well-intentioned person could act in a way outside of the scope of what would be considered reasonable action. In those circumstances, a closer examination of the actions and whether they fall within the protection offered by the Good Samaritan law would be required.

Alan Goldfarb, P.A. – Your Source For Professional Legal Representation

When you have been injured in a motor vehicle accident and have suffered injuries as a result, you are entitled to compensation. The advice and assistance from an experienced attorney is invaluable should you find yourself in this situation, as you will likely have questions about where you can look to for compensation for your losses. At the office of Alan Goldfarb, P.A. we have handled all types of accident cases for our Miami area clients. We can help you too. Our Miami attorneys will explain your rights and responsibilities under Florida law and work with you to move your case through the legal system as efficiently and effectively as possible. Contact us now to schedule your initial free consultation and get started today towards obtaining the relief you want and deserve.

Resource:

local10.com/traffic/truck-driver-dies-after-crashing-into-tree-in-miramar