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

Northwest Miami-Dade was the site of a tragic scene one recent morning when a tanker truck and car were involved in an accident. As a result of the crash, the car became pinned underneath the tanker truck and the driver of the car was still inside the vehicle. The car’s driver was subsequently transported to a local hospital with unknown injuries.

Truck Accidents More Severe

We can only hope that the driver of the Northwest Miami-Dade accident will recover from whatever injuries he or she sustained as a result of being pinned inside their vehicle under the tanker truck. Accidents between passenger cars and trucks – in general, any accident involving a larger truck such as a tractor trailer – are usually far more severe than accidents involving only passenger vehicles due to the sheer size and weight of the truck.  According to the Insurance Institute for Highway Safety, Highway Loss Data Institute, the majority of fatalities that occur in crashes involving large trucks are occupants of passenger vehicles, who are far more vulnerable than those inside the trucks. Smaller vehicles can easily end up underneath a tractor trailer just because of the height difference alone. Additionally, as a result of the great weight disparity between the two extremes in vehicle types, an additional factor in these types of crashes can be braking, which takes much longer for a large truck than a smaller vehicle.

Significant Number Of Truck Accidents Caused By Following Too Closely

According to the Federal Motor Carrier Safety Administration (FMCSA), about five percent of crashes involving trucks occurred as a result of the truck driver following too closely; this, combined with the slower reaction time of and longer stopping distance required by a larger truck, is a dangerous situation that is bound to continue leading to personal injuries and death on our roadways. The FMCSA offers a valuable tip to drivers of these larger trucks by suggesting that they leave enough space between their vehicles and those ahead of them to allow themselves to brake safely and react to unexpected actions on the road; following this advice could likely prevent a significant number of trailer tractor accidents, personal injuries and even deaths.

Contact Us For Help With Your Truck Accident Case

If you have suffered personal injuries as a result of a truck accident, you need to speak with an attorney experienced with these types of matters. At the office of Alan Goldfarb, P.A., we understand the complexity of accidents involving large trucks such as tractor trailers. Often times there is more at issue with these types of cases than with an accident case involving passenger vehicles and, as a result, the case needs to be handled differently to ensure victims receive the compensation they are entitled to receive. Our Miami truck accident attorneys have helped countless clients in the Miami area to recover for losses incurred due to accidents and will help you to do the same. Contact us to set up your appointment to meet with a legal professional at no cost or obligation to you.

Resources:

wsvn.com/news/local/car-pinned-underneath-tanker-truck-1-hospitalized/

http://www.iihs.org/iihs/topics/t/large-trucks/fatalityfacts/large-trucks

Semi Trucks are Strictly Regulated

As this accident demonstrates, semi trucks moving at highways speeds present a unique danger to other cars on the road. Because a collision with a semi truck can cause so much damage, semi truck drivers must take extra care when driving. Even a simple semi truck accident could have devastating consequences for accident victims. Federal regulators understand the damage a semi truck can cause and the Federal Motor Carrier Safety Administration (FMCSA) regulates the trucking industry with the goal of reducing crashes and fatal accidents:

• Hours of Service Rules: the FMCSA limits the number of consecutive hours a driver can work without resting. Generally, drivers cannot drive more than 60 or 70 hours per week. Drivers with cargo are limited to driving 10 hours per day and drivers carrying passengers are limited to driving 11 hours per day.
• Distracted Driving Prohibited: The FMCSA prohibits semi truck drivers from using cellphones while driving. Specifically, semi truck drivers may not use mobile devices to text. Regulations do allow semi truck drivers to use a handsfree and voice activation to make phone calls.
• Alcohol and Drug Testing: semi truck drivers may not drive under the influence of drugs or alcohol. FMCSA regulations make it illegal for a semi truck driver to drink four hours before driving. Additionally, drivers are required to take drug tests before they are hired.

The state of Florida also attempts to decrease semi truck accidents by prohibiting drivers from following within more than 300 feet of another vehicle. While the cause of the above accident is still unknown, if an investigation reveals that a semi truck driver violated federal or state regulations, then the victim’s family may have a basis for filing a wrongful death suit against the driver and the company employing the driver.

Contact an Attorney

Semi trucks can cause devastating damage. Their size and weights makes it possible for semi truck accidents to result in lifelong disability and even death. If you have been in an accident with a semi truck, or if you have lost a loved one in a semi truck accident, then please contact the Miami truck accident attorneys at the office of Alan Goldfarb, P.A.. We can discuss you case with you and help you determine if a state or federal law was violated when your accident occurred. Please contact us today at 866-936-9761 to discuss your case.

Just last week, a Ponte Vedra Beach, Florida man lost his life when a large truck lost its wheel and went through his windshield on Interstate 95. This tragedy is only one of an estimated four thousand that will occur this year according to the National Highway Traffic Safety Administration. In 2012, 3,921 individuals lost their lives in truck-related accidents. This was a 3.7% increase in deaths since 2011, and the numbers show increases each year.

What Makes Trucks so Dangerous?

There are a variety of factors that contribute to the danger large trucks pose to other drivers. Most obviously, the sheer size of trucks poses a threat. Trucks driving on Florida roads can weigh up to 80,000 pounds and can have up to 18 wheels. Despite “wide turn” warnings on the backs of trucks, other drivers tend to underestimate the truck’s size and the truck driver’s ability to see. Visibility is a key issue when trucks span the width of three cars and have limited vision out of the rear-view mirrors that smaller vehicle drivers can more readily rely upon.

Weight

Weight is, of course, a contributing factor in truck crashes. Despite weigh stations placed off of major highways, not all drivers and companies comply with weight regulations. Weight requirements ensure the roads trucks travel upon can withstand the pressure the trucks place on the ground. Weight requirements can differ based on the city and on things such as bridges, expressways, and smaller city roads. Out-of-state drivers must familiarize themselves with these regulations before entering Florida, and have a continuing obligation to comply with posted laws when there. If drivers fail to comply, heavy trucks can crack roads, lose parts, and create significant danger to other drivers.

Drivers

While it is ultimately a company’s responsibility to ensure their drivers are in compliance with state and federal law with things such as weight, the negligence and actions of drivers can cause accidents too. Two recent accidents in Florida shed light on the problem of long hours and insufficient training of truck drivers. First, 75 gallons of diesel fuel spilled onto the roadway after a truck driver fell asleep at the wheel. Incidentally, this was nearly the same site where a tractor-trailer lost control, caused an accident and accompanying fire, and killed one person.

What if I Was Injured in a Truck Accident?

We understand how frightening it can be to be in a car accident, especially one involving a truck. At Alan Goldfarb, P.A., our team of experienced truck accident attorneys can help you through this difficult time. If a truck driver, company, road engineer, mechanic, municipality, or anyone is found responsible for causing you injury or costing a loved one their life, you may be entitled to compensation. This compensation can help you recover lost wages, pay medical bills and subsequent treatments, or compensation for pain and suffering, among other things. These types of cases require inside knowledge of the judicial system and experienced litigators who will investigate and advocate on your behalf. Do not hesitate to contact our office in Miami, Florida and let us help you today.