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

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

The recently released report by the FHP shows that truck driver, who was from Wyoming,was driving negligently and carelessly. There were no drugs or alcohol involved in the accident; nonetheless, four people were killed. Tragically, this accident is a sober reminder of how dangerous it can be to share the road with big-rigs.

Florida Highway Patrol Required to Make Reports

In cases like these, the Florida Highway Patrol is required to make a report of the accident. Florida Statutes 316.066 requires reports when the accident:

• Resulted in the death, personal injury, or complaints of pain or discomfort by any members of the accident;
• Destroyed the vehicle so comprehensively that it had to be specially removed from the crash scene; or
• Involved a commercial motor vehicle, like a big-rig.

Reports of this kind are reserved for the most serious of accidents so that a clear record of what happened can be preserved.

In all of these situations the police must take down important information so an accurate record is preserved for future proceedings. Some of what the FHP must record as part of their report includes:

• The date, time, and place of the accident;
• A description of all the motor vehicles involved in the accident;
• The names, addresses, and insurance information of everyone involved in the accident;
• The names and addresses of any witnesses to the accident; and
• The name, badge number, and law enforcement agency investigating the crash.

As you can see, all of this information would be very helpful in case of a future lawsuit or criminal prosecution.

Florida Civil Law Meant to Protect and Compensate Victims

When it comes to tragic accidents such as these, victims should rest assured that there are laws meant to protect and compensate them. As was reported by the FHP in this case, the driver of this large truck was careless and negligent. As a result, under Florida law, he and his company may be held liable for the damages that he caused to this family’s survivors.

If you are ever involved in an accident with an 18-wheeler in the Miami area, contact us. At Alan Goldfarb, P.A., we represent victims of accidents with big-rigs and will fight to make sure that you are justly compensated for your injuries. Our practice is dedicated to enforcing the civil laws of Florida that seeks to make victims of personal injuries whole again.

Florida is not immune to this big problem. A 2012 study by the National Highway Traffic Safety Administration showed that among the 50 states, Florida has the third highest number of fatal crashes involving big-rigs. In fact, of all the fatal crashes in Florida, 5.7% involved a large truck. The numbers are that high for several reasons. Florida has over 83,000 miles of roads, and those roads are full of big trucks delivering goods and transporting merchandise from one end of the state to any given point in the country. This large number of accidents involving trucks has prompted some in Washington to think about making changes to the trucking industry.

Government Agency Proposes Insurance Hike

The Federal Motor Carrier Safety Administration is charged with reducing crashes, injuries, and fatalities on the road with large vehicles like trucks and buses. There are many resources at the agency’s disposal to accomplish this, including the ability to help pass and enforce regulations related to large trucks. One such proposed regulation by the agency is to increase the amount of insurance that eighteen-wheelers must carry to drive on the roads. Currently, general freight carriers are only required to carry $750,000 in insurance coverage. If the agency has its way, however, that requirement could be bumped up to $1,000,000.

A bump in coverage would be to cover the ever increasing medical costs of accidents with big rigs. Catastrophic accidents in particular can easily cost a victim more than $750,000. Of course, this number can increase significantly if the accident results in death, as survivors may be required to cover the costs of medical bills and hospital stays, funeral and burial costs, and the difficulty associated with lost earnings. Furthermore, survivors may also experience damages associated with pain and suffering and loss of consortium, as well.

Call Our Attorneys Today

The stark reality is that anyone driving on the road can get in an accident with a big truck, and that can be catastrophic. The busy roads and crowded traffic of the Miami area can be especially dangerous to drivers of regular cars. Victims of large truck accidents need the help of an experienced and professional law firm that dedicates its practice to large truck accidents. The attorneys at Alan Goldfarb, P.A. are prepared to help ensure you recover the compensation you deserve after your accident in Miami.