Wrongful Death Lawyer Blog

According to wtsp.com, a woman is dead as a result of her car being crashed into by a tractor-trailer on I-4.

Rear-Ended By A Tractor Trailer

The victim, identified as 63-year-old Marva Jean Daniels of Orlando, was killed when her Ford Focus was hit from behind by a semi-truck. The truck driver was identified as 35-year-old Michael Casey Cross of Lakeland.

According to the Florida Highway Patrol, the eighteen-wheeler had just merged onto the westbound lanes of I-4 and was positioned behind Daniels' Ford Focus. As Cross attempted to move into the left lane, Daniels slowed down considerably and Cross was not able to stop in time before rear-ending her car. As both vehicles came to a stop on the paved shoulder of I-4, the Ford Focus burst into flames. Unfortunately, Ms. Daniels died at the scene.

Truck Driver Improperly Trained?

The police report does not specify how much experience Cross has as a commercial truck driver. According to State troopers, the driver of the eighteen-wheeler did not have time to stop his rig when he realized that Ms. Daniels' car had slowed down.

As stated before, the Florida Highway Patrol is still investigating the accident. However, given our many years of experience handling cases involving accidents with tractor-trailers, we cannot help but wonder whether this truck driver was adequately trained. Time and again we have seen how trucking companies rush their drivers' training with disastrous consequences. If Mr. Cross was not properly trained, he may not have realized that given the size and weight of his rig, he had to exercise extra care while trying to get on the expressway.

Truck Adequately Maintained?

Moreover, we have seen trucking companies neglect to give adequate maintenance to their fleet, usually just to save a few dollars. Mr. Cross' failure to stop his truck in time could have been because the brakes on his truck were worn out. Lack of adequate maintenance coupled with inexperience is a deadly combination.

Truck Overloaded?

Similarly, all too often greed prompts trucking companies to overload their trucks in order to make their operation more profitable. An overloaded truck with worn out brakes in the hands of an inexperienced driver is an even deadlier combination. Please note that given the weight and size of these large commercial trucks, they require longer distances to stop completely from the moment the driver applies the brakes. Under any one of these scenarios the trucking company may face liability.

Continue reading "Deadly Tractor Trailer Crash in I-4" »

Two people are dead after the driver of an eighteen-wheeler failed to see their vehicle in the middle of the road and crashed with it. The victims have been identified as Julian de Los Angeles, 22, of Maitland and Alison Goldberg, 24 of Davie.

The accident occurred at about 2:30 a.m. and the driver of the tractor-trailer, Israel Rivera, reportedly told investigators that he did not see the victims' Volkswagen. According to police, the Volkswagen had rear-ended another vehicle minutes earlier and had ended up in the middle of the southbound lanes as a result of that initial collision, where it was struck by the tractor-trailer. The driver of the vehicle initially struck by the Volkswagen was seriously injured and had to be transported to Holmes Regional Medical Center.

Even thou the initial investigation continues, I cannot help but wonder for how many hours had Mr. Rivera been driving prior to the accident that day and whether driver fatigue had anything to do with the crash. Why didn't the driver of the tractor-trailer see the car in the roadway? Maybe the accident happened because the truck driver was tired and not paying close attention to the road. After all, driver fatigue is the leading cause of crashes involving eighteen-wheelers.

Throughout our many years of practice we have handled many cases in which we have found that the desire to make money creates circumstances where drivers drive for longer hours than they should and are legally allowed, resulting in crashes that would have not happened otherwise.

Larger Commercial Truck May Have Contributed To Victims' Wrongful Death

The desire to make money combines with an increase in length and gross weight of eighteen-wheelers to make these trucks harder to drive and control. Please note that while the combined length of an eighteen-wheeler in the 1960's was about 40 feet, today it can be 57 to 59 feet long. The longer and heavier a truck, the more distance it takes for a driver fully applying the brakes to safely bring the big rig to a complete stop. These longer and heavier trucks make it harder to safely handle an emergency and avoid a crash.

Continue reading "Tractor Trailer Driver Fails to See Vehicle in His Path" »

When we think about injuries suffered during a motor vehicle accident or about the cause of death of someone involved in a car crash, burn injuries or death by fire do not usually come to mind. Yet, one out of eight fire victims in the United States got burned in a motor vehicle accident and 600 people are killed every year in car fires.

According to the National Fire Protection Association, about 287,000 vehicle fires occurred each year between 2003 and 2007, causing a yearly average of 480 deaths, 1,525 injuries and $1.3 billion in property damage each year. During that period, family cars (cars, trucks, SUV, minivans, etc.) were the source of 93 percent of the vehicle fires and 92 percent of the vehicle fire deaths.

While mechanical failures were the cause of about 75 percent of the vehicle fires, such failures were the cause of only 11 percent of the deaths. However, while crashes were the cause of only 3 percent of the vehicle fires, they were the cause of 58 percent of the deaths by vehicle fires.

Victims of motor vehicle fires are often trapped in their wrecked cars after a collision. Unfortunately, some burn to death while so trapped...Such was the case in the car pile up that took place recently on Interstate 75 outside Gainesville due to a combination of heavy fog and smoke. Both witnesses and rescuers tell tales of horror in which victims could only be located by rescuers following their screams and unidentified burnt bodies remained trapped inside their charred vehicles the following morning.

Fire Is Not The Only Killer

When it comes to fires in motor vehicles, the flames themselves are not the only cause of death. Cars, trucks, buses, etc. are made of synthetic materials that produce very harmful or deadly gases (like carbon monoxide) as they burn.

Moreover, a burning vehicle can (and sometimes does) explode, shooting deadly shrapnel (bolts, struts, engine parts, etc.) much like a military grenade would. These vehicle fires are so dangerous that firefighters take no chances with them, often letting them burn down before putting foam on the flames and wearing full fire fighting protective gear when fighting these fires.

Continue reading "Burn Injuries and Death From Car Accidents Very Common" »

A new, more comprehensive, "Black Box" system for motor vehicles will be available later this year.

In-Vehicle Event Management System (IVEMS)

This technology is not new. Event data recorders that keep records of things like the speed a vehicle was traveling at a certain time; failures of a number of mechanical or electronic systems, etc. have been around for a while.

Not Popular Among Common Car Owners

However, while the system's tracking capabilities have been popular among fleet operators (cab companies, trucking companies, etc.) because it allows them, among other things, to control their driver's movements, these systems are not popular among regular car owners because of privacy concerns...And such concerns may only be heightened by the ability of this new In-Vehicle Event Management System (IVEMS) to store not only electronic data related to system's failures, but digital video surveillance data as well.

Continue reading "Technology Aids in Event of Accident" »

The concept of uninsured/underinsured motorist coverage is missunderstood by most people. It is maybe the most important insurance coverage you should carry to protect yourself and your loved ones.

To register a car, Florida drivers are only required to purchase $10,000.00 in property damage coverage and no-fault coverage. The property damage coverage pays up to $10,000.00 for the property damaged (car, tree, fence, etc.) in an accident caused by you or the driver of your car. The P.I.P. Benefit (Personal Injury Protection Benefit), also known as no-fault benefit, pays 80% of medical bills and 60% of any wages lost by you or a family member, up to $10,000.00 minus any applicable deductible.

No bodily injury (B.I.) coverage is required in Florida. This means that if someone else injures you in an accident they cause, they do not have to carry insurance to pay for your injuries. This is very important because the only way you can protect yourself and your loved ones, is to have uninsured/underinsured motorist coverage (UM/UIM).

UM/UIM Coverage Explained

When you purchase uninsured motorist and underinsured motorist coverage you have your own insurance company stand in place or in addition to the coverage carried by the person who caused the accident. Florida law establishes that your own car insurance company must offer you UM/UIM coverage up to the limits of the BI (Bodily Injury) coverage that you choose. This means that if you purchase bodily injury coverage for your car of 25/50 ($25,000 per person/$50,000.00 per occurrence) you are automatically allowed to purchase up to $25,000/$50,0000 in UM/UIM benefits. Also, if you have more than one car, you can purchase "stackable coverage" in which case you would have $25,000 in coverage for each car in your household. It is an inexpensive way to protect your family.

Continue reading "Why Carry Uninsured//Underinsured Motorist Coverage (UM/UIM)?" »

Most people do not understand the concept of uninsured/underinsured motorist coverage. This is perhaps the most important insurance coverage you could purchase to protect yourself and your family.

In Florida, all that is required of a driver to register a car is insurance coverage of $10,000.00 in property damage coverage and no-fault coverage. The $10,000.00 in property damage coverage, pays up to $10,000.00 to anyone else for the their property (including a car, tree, fence, etc.) that is damaged by an accident that you or the driver of your car causes. The no-fault benefit or PIP (Personal Injury Protection Benefit), as it is also known, pays 80% of your medical bills and 60% of your loss wages or a family members loss wages, up to an aggregate of $10,000.00 minus any applicable deductible.

Florida does not require mandatory bodily injury coverage. In other words, if someone else causes an accident, and you are injured, they are not required to have coverage to pay you for your injuries. This is very important. The only way to protect yourself and members of your family, is for you to purchase uninsured/underinsured motorist coverage (UM/UIM).

What is UM/UIM Coverage?

What this means is that you are buying coverage through your own automobile insurance carrier to take the place of or be in addition to the coverage provided by the person who was at fault for the accident. Under Florida law, your own automobile insurance company must offer you UM/UIM coverage up to the limits of the BI (Bodily Injury) coverage that you elect. In other words, if you purchase bodily injury coverage for your car of 25/50 ($25,000 per person/$50,000.00 per occurrence) you are automatically allowed to purchase up to $25,000/$50,0000 in UM/UIM benefits. In addition, if you have more than one car, you can purchase "stackable coverage" which means, that you would have $25,000 in coverage for each car in your household that is covered under the policy. This could dramatically increase the insurance for you and your loved ones at a very reasonable rate. It is an inexpensive way to protect your family.

Continue reading "Uninsured//Underinsured Motorist Coverage (UM/UIM)" »

Car accidents happen everyday. No one wakes up one morning expecting to have a car accident that day. And when accidents happen, they usually cause injuries and shock. I believe it is important to offer people guidance on what to do after a car accident to protect their rights and preserve the evidence. After being involved in a car accident, you or someone near you should:

1. Unlock your doors and turn off your engine.

2. If you can, check how are the other occupants of your car. If someone is hurt, ask them not to move and if you can, make sure they are immobilized.

3. If someone is bleeding, try to apply a tourniquet or compress the wound to stop the bleeding.

4. Call or ask someone to call 911 for you. Make sure to request the police and rescue.

5. As much as you can, preserve your calm and remain oriented. Answer as clearly as possible all questions asked by emergency rescuers.

Stay Put

Sometimes after an accident, a person is not in pain and responsive. Adrenaline and other factors may contribute to this. Should you find yourself in this situation, try not to move around unnecessarily. If you can, try the following:

a. Give your insurance information to the other driver and ask for their's. Also, give that information to the police.

b. Try to obtain the name, addresses and phone numbers of people who have witnessed the accident

c. If you can, take photographs or videotape the scene. This can be done either with a camera or, thanks to current technology, a cell phone.

d. If you are hurting or not feeling well to any extent, ask to be taken to an emergency room.

e. Tell the physician or emergency room doctor, nurse or paramedic, where it hurts. Give a detail account of everything that hurts, from the top of your head to your toes. Don't refrain from telling them about any condition and let them decide what's relevant or not.

f. Follow the orders from your healthcare providers. After all, they are the experts and for them to be able to effectively help you with your injuries, they must know as much as you can tell them about your past medical history. This also applies to your attorney. Tell him or her everything about your past so that he/she can properly represent you.

Continue reading "Now That I Had a Car Accident, What Should I Do?" »

Car accidents occur daily. They are unexpected. People are often left injured and in shock. It is important to know what to do after a car accident to protect your rights and preserve the evidence. After being involved in a car accident you or someone close to you should do the following:

1. Turn off your car and unlock your doors.

2. Check on the condition of everyone in the car. If anyone is injured, tell them not to move and if possible, ensure that they are immobilized.

3. If anyone is bleeding, make sure that either a tourniquet is applied or bleed is compressed to stop.

4. Either you or have someone for you should call 911 and be specific in requesting rescue as well as the police.

5. Stay calm and oriented. Respond clearly to the questions that you are being asked by emergency rescuers.

Don't Move Around

Often times after an accident, a person isn't immediately incapacitated or in pain. This could be due to adrenaline and other factors. If that is the case, please be careful moving about but, if you can do the following:

a. Exchange information with the other driver or give information to the police officer who is responding.

b. Get the name, addresses and phone numbers of any witnesses.

c. If possible photograph or videotape the scene either using a camera or a cell phone camera.

d. If you are at all not feeling well, request transport to a hospital or emergency room.

e. When you see a physician or emergency room doctor, nurse or paramedic, tell them what hurts from the top of your head to the bottom of your toes, even if you don't think it's anything serious. Let the medical personnel decide what if any injuries you have.

f. Follow doctor's orders. Remember they are the professionals.

Continue reading "What To Do If You Are In A Car Accident?" »

Apparently, as they walked home from school, four teenagers were hit by a driver who seems to have passed out at the wheel and lost control of his SUV.

One of the teens lost his life, two remain in critical condition and one is stable at Jackson Memorial Hospital. It is unknown at this time whether the driver, who was also airlifted to the same hospital, will face charges.

Criminal Charges And Liability Unknown

The unfortunate circumstances of this accident may shield the driver from criminal charges and civil liability. If the events were caused by a medical condition over which the driver had no control and had no knowledge or warning of, the likelihood of him facing either is slim. However, while the State Attorneys Office will decide whether he should face criminal charges, they will not make a determination on whether the driver has incurred civil liability. These victims or their loved ones can only make an educated decision as to whether they can pursue a civil action against the driver and his insurance company after they consult a personal injury attorney. They should not accept a determination made by the driver's insurance carrier in this regard, as insurance companies are not there to help innocent victims, but rather, to limit their exposure. Consulting with a personal injury attorney will not cost them money but only a little of their time, since personal injury attorneys in Florida will not charge them unless they win the case.

Continue reading "Four Teenage Pedestrians Struck by SUV in Hialeah" »

Here we go again! Another South Florida pedestrian is struck down by a motor vehicle, this time as he was getting on a public bus.

Elderly Man Hit as He Was Getting on Bus

Although the driver that struck this pedestrian could not drive away in his vehicle, he simply walked off while others helped the victim. The victim was a 91 year old gentleman trying to board a bus. Apparently, the driver lost control of his SUV, went on to the sidewalk and hit the elderly pedestrian. The victim was taken to Jackson Memorial's Ryder Trauma Center, where he remains in critical condition.

Continue reading "One More Pedestrian is Run Over in South Florida" »

Unfortunately, as a recent CBS News article shows, we have had another incident where a local pedestrian has been hit by a motor vehicle, this time while boarding a public bus.

Elderly Pedestrian was Struck When Trying to Board the Bus

Apparently this time the offender could not drive away in his vehicle. That, however, did not stop him from simply walking away while the driver of the bus was calling 911 and commuters got off the bus to help the victim. The pedestrian, a 91 year old man was at the bus stop trying to board the bus when the offender's SUV swerved out of control, jumped the curve and run him over. He remains in critical condition at Jackson Memorial's Ryder Trauma Center.

Continue reading "Another Pedestrian Accident in Miami" »

As dangerous as "blind spots" are when changing lanes in a car, more so are they when changing lanes in a bike. The thundering noises surrounding those who ride in cruisers with an open helmet, as well as the lateral visibility blocked by the closed helmets of those who ride sport bikes, are factors that contribute to accidents that happen when riders change lanes without noticing a vehicle in their blind spots. Hence the need for all (drivers and specially riders) to turn their heads and check for vehicles in those spots before changing lanes.

New Safety Technology

Thankfully, new safety technology for bikers is on the way. According to a recent B.B.C. article, new safety systems that alert riders of vehicles in their blind spots, as well as other hazards, will soon be available in motorcycles. For example, one feature included in these systems warns riders when they are traveling to fast to safely negotiate an upcoming curve.

Continue reading "New Safety Features for Motorcycles" »

Early Thursday, a tractor-trailer traveling north on US-27 near I-75 in Western Broward County crashed into the rear of two parked cars killing two young occupants of the vehicles and injuring several more. The injured people were taken to Broward General Medical Center in serious condition. Our thoughts and prayers are with these people and there families.

The truck accident closed northbound traffic on US-27 for more than six hours. US-27 is a North-South highway that stretches from Indiana to Miami and serves as one of the busiest trucking corridors in the country. Truck accidents and tractor-trailer accidents occur on US-27 in Miami-Dade, Broward and Palm Beach County nearly every day.

Early Investigation is Essential
All truck accidents require a careful and thorough investigation immeidately after the accident takes place. Trucking companies and their insurance carriers have nearly unlimted resources that they put to use right away. Important evidence such as skid marks, road debris and witness accounts need to be analyzed, usually by a traffic reconstruction expert. Sometimes, an attorney will even make efforts to retain vehicles involved in the crash, as they also may contain crucial evidence as to how the impact occurred and the physcial force that would have been put on the victim. Delays in gahering this evidence could result in its being tainted or even vanishing.

There are specific federal and state laws that apply to commercial motor vehicles that could have great impact in a truck accident case. Truck accidents can be caused by driver negligence, such as driving too fast or for too many hours. They can also be caused by truck company negligence, such as not properly training or qualifying drivers.

For more information on truck accident cases, contact the Palm Beach Truck Accident Lawyers Greenberg & Stone for a free consultation.

A tractor-trailer crashed into two parked cars in a northboound lane on US-27 in West Broward County early Thursday morning. The truck accident killed two young persons who have yet to be identified. Other passengers in the cars were rushed to Broward General Medical Center in serious condition the Sun Sentinel is reporting.

The truck accident closed northbound traffic on US-27 for more than six hours. The crash occurred aproximately six miles north of I-75.

Truck Accidents Common on US-27
US-27 or Okeechobee road as it is commonly known in the Miami and Broward areas, is one of the busiest roads for commercial motor carriers in the state. The road actually runs from Fort Wayne Indiana to Miami, and sees more than its fair share of tractor-trailer accidents and collisions involving large trucks.

Our thoughts and prayers are with the families of those injured and lost in this tragic crash. While we do not yet know the full specifics of this incident, truck accidents require a careful and thorough investigation as soon as possible after the accident takes place. Important evidence such as skid marks, road debris and witness accounts need to be recovered. Often, when time is wasted, crucial evidence may be compromised or disappear entirely.

Tractor trailer accidents and claims involving commercial motor vehicles are very different than ordinary car accident claims. There specific federal and state laws that need to be understood to properly handle these cases. Additionally, the injuries sustained by victims of truck driver negligence are usually severe, requiring long term care that will eventually need to be effectively presented to a jury.

For more information on truck accident cases, contact Miami Truck Accident Lawyers Greenberg & Stone for a free consultation.

Homestead-Miami Speedway this weekend will host the Sprint Cup Series Finale. In gearing up for the weekend, Miami residents have seen a large number of 18 wheelers and tractor trailers filling the busy highways of South Florida. These monstrous vehicles emblazoned with Nascar logos and team sponsor signs are something to look at, a signal a great time upon us, but also bring with them great danger.

Commercial truck crashes are responsible for thousands of wrongful deaths and devestating personal injuries each year. Large companies putting profit ahead of safety fail to properly qualify and train drivers, and push them to ignore state and federal regualtions regarding service hours, maintenance and speed. Because of the sheer size and speed of the vehicles involved in a tractor-trailer crash, the injuries are usually much more severe than those found in a car accident.

Drive Cautiously Around Trucks

Though this weekend's Nascar Race at Homestead-Miami Speedway is sure to be exciting, it is important to drive carefully on the highways in the days leading up to and following the event. Maintain a safe distance from trucks, as the driver may not be able to see you even though you see him. Don't pass trucks on the right side and be sure to give them adequate breaking time if you are in front of them.

If you or a loved one has been injured in a trucking accident, it is important to hire an experienced truck accident attorney immediately so that they may begin their investigation and gather valuable evidence. Contact Miami Truck Accident Attorneys Greenberg & Stone today for a free consultation.