South Florida Injury Attorney Blog

This one is one for the records, on the WSVN 7 morning news last Wednesday there was a report of a concrete dump truck colliding into several parked police vehicles and a palm tree just outside the American Airlines Arena where there was a Heat Game about to start.

No one was injured after the driver of a dump truck lost control of his vehicle and crashed into several police vehicles, then hit a palm tree. The crash happened just a few feet away from the American Airlines Arena, just as hundreds of Miami Heat fans were walking into the arena for Tuesday night's game.

The driver was brought to tears from the nearly catastrophic crash. "Thank the Lord there was no injuries to report, no occupants in any of the vehicles, and the driver of the dump truck is safe," said Cruz. No one was injured.

The Department of Transportation is investigating the accident and are looking into whether the truck was overloaded.

Luckily for this driver of the truck there were no injuries except for the damages to the parked vehicles but had the driver not been able to control the truck the outcome of this situation would have been worst. As stated in the report above Heat fans were on their way to the game.

As an attorney practicing Personal Injury in Miami- Dade and Broward should you ever find yourself a victim of an automobile injury, you should always seek legal counsel to ensure you are compensated for your injury and damages. Feel free to contact us for your FREE consultation or visit us online.

Continue reading "Dump Truck accident at Miami Heat game" »

Many accidents occur due to a driver being under the influence of drugs or alcohol but what about the driver being too drowsy to drive? Falling asleep at the wheel is as dangerous as a person drinking and driving. The result can be just as devastating. Getting little or interrupted sleep over an extended period of time can cause a person to become drowsy or fatigued, which can result in impaired driver's reaction time, judgment and their vision.

City Commissions in Margate, Plantation, Sunrise, Davie, Pompano Beach and the Broward County Commission have started a public awareness campaign is designed to educate the public of the dangers of driving while drowsy. Experts suggest we need 7 to 9 hours of restful sleep to maintain alertness during the day. Work schedules can be hectic. Shift workers are often affected as their schedules don't always coincide with getting the kids off to school. Working nights often affects your internal body clock; make a point of taking a nap if you know you will be on the road.

Always plan ahead and identify where you will stop along the way to rest and for meals. Taking the time to stretch or walk around during a long trip helps keep you energized and alert. On a long trip, you should take breaks about every 100 miles or every two hours of driving. A driving companion can not only share the driving but talk along the way, keeping you engaged and alert. Do the same on your return trip to avoid exhaustion or fatigue as you return to your regular routine.

Whether your or a loved one has been the victim of injury, always seek counsel from an experienced Personal Injury Attorney to ensure that your rights as the victim are protected and that you receive the proper compensation. Contact us at 954 431 8100 or 305 614 9186 to set up a FREE consultation to discuss your legal options.

Choosing the right attorney to represent you is always an issue, as there all those advertisements out daily on the radio and television, encouraging you to choose them. As an experienced Fort Lauderdale accident attorney I've represented victims of all types of accidents from bicycle to motor cyclist to motor vehicle and truck and sometimes just because the attorney tells you they can handle your case it does not mean that they have the knowledge and experience to do so.

Take for instance truck accidents, these types of cases are significantly different than the average motor vehicle accident case. For starters, there are usually several parties involved other than the driver. From the corporate entities that own the tractor/truck portion of the rig and the trailer portion. There may also be lease agreements between parties that may determine who is the responsible party, and what insurance is primary. Safety inspections by state and federal regulatory authorities along with licensing requirements specific for truck/tractor trailers are all required for commercial drivers, as these trucks sometimes carry hazardous or heavy materials daily on the roadways, should they not be maintained properly. They must undergo regular inspections from these regulatory authorities and their own company's due diligence inspections. Therefore it is extremely important to hire an attorney who is experienced and knowledgeable to know where to locate this information and be able to use it when representing you when filing your claim.

Some questions you should ask your attorney before retaining him for your case: how many truck accident injury cases they have handled, have they ever gone to trial, and the results. Once you have sat with your prospective attorney and discussed your case with him you should be able to determine whether he has the knowledge and experience necessary to ensure you get the best result. All this information considered, should you or a loved one be a victim of a truck accident you should always seek legal counsel from an experienced truck accident attorney to ensure that you receive the proper compensation for your damages.

Cohn, Smith & Cohn can help. At a free consultation, our dedicated attorneys can go over your case with you and explain your legal rights and options. We have more than three decades of experience helping people who’ve been seriously injured on Florida roads, including those with very serious injuries. We know all of the common tricks insurance companies use to avoid paying what they owe, and we will use that knowledge to cut through the tricks to get you the best possible compensation for your injuries. Contact us at 954-431-8100 or 305-624-9186 to set up a free consultation.

Police departments across Broward County announced in Fort Lauderdale its new Countywide Anti-Texting Campaign. The Program is designed to warn drivers about the dangers of texting and driving. The various police departments all pointed out that texting while driving has lead to many serious automobile and truck accidents in the South Florida. According to the Fort Lauderdale Police department, one of their recent studies found that texting while driving increased a driver's chances of being involved in a car wreck by more than 23 times.

Florida statistics show that cell phone usage contributed to more than 1,780 traffic car crashes in the State of Florida in the year 2009 alone. These motor vehicle accidents have caused serious injuries and death. As stated by the various Broward County Police departments, distracted drivers cause many of the traffic accidents in South Florida every year. Of these accidents, cell phone use is the number one distraction.

Fort Lauderdale auto accident attorney’s knows, car accidents involving drivers who are texting, talking on the cell phone or otherwise distracted happen too often. We have had a number of cases where the defendant driver is suspected of being on the cell phone at that time he or she caused a car accident. In those cases, your accident attorney will frequently ask the defendant to identify his or her cell phone provider, so that he/she can subpoena the cell phone provider's records to try to determine whether the defendant was using a cell phone around the time of the car accident. In some cases, cell phone usage may merit that your personal injury attorney include a count for punitive damages in their lawsuit for personal injuries. In effect, Fort Lauderdale injury Attorney’s are asking the court or jury in Broward to award punitive damages to an injured person in order to, among other things, deter similar conduct in the future.

Always remember to contact an experienced South Florida Attorney should you find yourself a victim of a car accident.

Accidents occur daily on the roads no matter where you live, Pompano, Pembroke or Hollywood, and when you have been involved in a truck accident, it is important to seek legal counsel right away. Retaining an attorney that specializes in truck accidents is extremely crucial hours after the crash to assist in filing claims against the Trucking Company to ensure proper compensation is received.

People suffer personal injury when an accident occurs, it could be a minor injuries such as neck and shoulder strains which may take a couple days to surface as well as it could also be a severe crash requiring hospitalization, rehab and loss of wages. Seek legal counsel from an experienced attorney, who specializes in the area of truck accidents , as he/she will provide proper guidance to ensure you receive the compensation you deserve.

Your attorney will devise an organized and strategize as there are certain procedures that need to be followed immediately following the accident, to ensure that all of the essential paperwork is taken care of right away. Gather information as soon as possible; police accident reports; statements from witnesses and pictures: of the vehicles involved in the accident, of injuries sustained and from the scene of the accident. All these should be done as soon as possible while it’s still fresh in everyone’s minds.

We have found in some cases that these trucking companies will change their records especially if they know that there is a potentially strong case against them. Experienced truck accident attorney’s will subpoena the Trucking Company for the records of the truck that was involved in the accident looking for any discrepancies in driver logs; maintenance records or even how recent the tires have been changed, as all these factors can have impacted the reason for the crash and support your claim against the company.

Always seek legal counsel from an experienced South Florida truck accident attorney to ensure you receive proper compensation for your injuries and loss of wages.

South Florida as developed as we seem, still has lots of undeveloped land with private roads leading to private properties, or roads leading to nowhere, in some underdeveloped citiessuch as; Weston, Sunrise and Margate. At times these roads may only be open to certain drivers, but when these said roads are inadequately designed and go unnoticed, serious injuries can occur to people who travel on them without warning.

Recently, a 45 year old truck driver, contracted to make delivery to a site off “Alligator Alley” in an unincorporated part of Broward County, he was traveling as directed on an under-developed road, to haul materials to a construction site. Do to parts of uneven pavement, the driver lost control of his truck and drove off the paved surface, as he attempted to steer back onto the road, being that the road had no shoulder or recovery area, the fully loaded dump truck flipped onto its side. The truck driver suffered bruises and a skull fracture resulting in his hospitalization, and loss of wages as an investigation was on track. The truck driver sought legal counsel from an experienced attorney practicing personal law in the Weston area, to represent him in this matter and to ensure his rights were protected and he received proper compensation for all his injuries.

Some truck accidents or worksite injuries can be costly to both the injured and the company that sponsors the construction site. Many companies begin extensive investigations upon the injured person, when accidents happen on site to insure that negligence is determined properly as personal or premises liability.

If you or a loved one has been seriously injured as a result of a construction site accident or another person’s negligence, contact an experienced attorney to discuss your case.

As a Weston auto accident attorney, I was sorry to read about a major tanker truck accident that killed the truck driver as well as the driver of a pickup. As Florida Today reported Jan. 29, the police have released the names of Alexandra Marie Dugas, 19, and John Larchen Lynch, 42, both of whom were killed in the Jan. 21 accident. Dugas, of Merritt Island, reportedly rear-ended Lynch’s 18-wheeler in her Ford F-150, tipping both vehicles over. The crash unfortunately caused the 8,700 gallons of gasoline in the tanker part of the truck to explode, killing both drivers. The explosion also destroyed the Florida 528/Bennett Causeway overpass above Courtenay Parkway on Merritt Island, disrupting traffic around the area until at least mid-February.

Lynch, of Lauderhill, was reportedly driving west on 528 in the tanker truck when he was rear-ended by Dugas, in the pickup truck. The pickup truck overturned and rolled into the area formed by the 528 overpass over Courtenay Parkway, where it stopped on a concrete embankment. The large truck’s cab smashed through a guardrail into the eastbound side of the highway, while the tanker containing the gasoline fell off the bridge and landed next to the pickup, triggering the explosion. The ensuing fire killed both drivers and burned nearly all of the gasoline; Lynch was identified through dental records. Dugas was not officially identified, but family and friends confirmed to the newspaper that she was the other driver involved.

A friend of the Dugas family, Sandy Torres of Orlando, said the family had already been struggling financially and was not prepared for the costs related to the death of their 19-year-old daughter. As a Pompano Beach car accident lawyer, I’m sorry to say that very few families of ordinary means are prepared for a terrible accident like this. Money is not the top concern when a family member dies, of course, but it quickly becomes an issue when bills for a funeral, medical treatment and other costs come in. It can be an issue even sooner when the victim was a wage-earner who supported or helped support the family. When someone else caused the death out of carelessness, however, our firm can help the family recover those costs and others from the at-fault driver.

Continue reading "Tanker Truck Crash and Explosion in Brevard County Kills Two and Destroys Overpass" »

As a Hollywood car accident attorney, I was sorry to see that a man was seriously injured in a rear-end accident with a semi truck. As the South Florida Sun-Sentinel reported Jan. 21, 78-year-old Luis Barcelo was seriously injured in a chain-reaction crash near the Broward-Collier county line, in the area called Alligator Alley. Barcelo was driving east on Interstate 75 when trucker Rafael De La Fuente, 26, rear-ended Barcelo’s vehicle. The accident was attributed in part to thick fog on the road, and in fact Florida Highway Patrol officers were closing the highway just as the accident took place. Barcelo’s passenger Oderta Herrada Rosada, 74, suffered minor injuries.

The accident took place just after 7 a.m. on the Collier County side of the border. Traffic had slowed because of the thick fog, including Barcelo’s vehicle. De La Fuente reportedly told investigators that he hadn’t noticed the slowing in time. A witness told the newspaper that the truck was going 60 or 70 mph when it slammed into Barcelo’s car, causing it to spin out on the highway. That car hit a second vehicle, an SUV with five passengers. Neither those people nor De La Fuente were seriously injured, but the witness said the crash “just crushed” Barcelo’s car, sending both Barcelo and Rosada to the hospital. It wasn’t clear whether poor visibility contributed to the accident, but the FHP said charges were pending.

If I were the Weston auto accident lawyer involved in this case, I’d be extremely interested in the truck driver’s activities up until the moment of the crash. Unfortunately, distracted driving is an issue for everyone on the road, which is why the federal government is campaigning aggressively against it. However, it’s especially bad news with truck drivers, who are in charge of vehicles that can weigh as much as 20 times more than an ordinary passenger car. In a crash, all that extra weight is translated into force, causing a very bad accident. If fog is the explanation for De La Fuente’s statement that he didn’t see the slowing traffic, it would be interesting to know why he felt it was safe to drive at highway speeds when other drivers did not. Another explanation is distracted driving -- driving while eating, using a phone or otherwise taking eyes off the road, which is almost always an act of negligence.

Continue reading "Miami Man in Critical Condition After His Car Was Rear-Ended by Tractor-Trailer" »

As a Davie tractor-trailer accident lawyer, I’ve written here several times before about the dangers of driving while talking on the phone. That’s why I was interested to see an article from Tampa Bay Online about the dedication of a part of U.S. 27 in Polk County to a phoning and driving victim. Heather Hurd, 26, died three years ago when a trucker distracted by his cell phone smashed into a line of cars stopped at a traffic light. The crash also killed Stephanie A. Phillips, 37, of Haines City. Hurd’s parents have become anti-distracted-driving activists since their daughter’s death and have successfully lobbied for a “Heather’s Law” banning talking on the phone while driving in their home state of Maryland. They and her 21-year-old brother were present Jan. 3 at a dedication ceremony for the Heather Hurd Memorial Highway near the site of the crash.

Hurd loved Disney World so much that she moved to Florida to work there. She was also planning her wedding at the park, and was on her way to meet a wedding planner on the day of the crash. As she waited at the stoplight, truck driver David Lunger of Jacksonville approached in his big rig. He told investigators he was using his phone, and they believe he also had exceeded limits on his hours behind the wheel. He failed to stop and smashed into nine stopped cars, killing Hurd and Phillips. Lunger was later cited and fined for careless driving, and died in 2009. Russell Hurd, Heather Hurd’s father, has made it a goal to pass a “Heather’s Law” in Florida and any other state that doesn’t already ban phoning and driving. Such a law was introduced in Florida last year and passed the state Senate, but was never introduced in the state House.

I hope that changes. As a Boca Raton trucking accident attorney, I’ve seen far too many cases of accidents caused by drivers distracted by cell phones. Many states already have bans on texting and driving, which may be an easier target because texting requires drivers to take their eyes off the road, or because texters tend to be inexperienced younger drivers. But research indicates that driving suffers if the driver is talking to someone not in the car, even if his or her eyes are on the road all the time, simply because of the cognitive demands of speaking to someone while also performing all the tasks needed to drive safely. Without a law against this behavior, it’s difficult to discourage this behavior or penalize the people who do it. However, even if there’s no criminal case against a distracted driver, victims and their families can always pursue legal claims against drivers whose distraction caused serious injuries or deaths.

Continue reading "State Dedicates Stretch of Highway to Victim of Texting and Driving Semi Truck Crash" »

I have written here before about the terrible case of a tractor-trailer that crashed into a school bus in Ocala, killing a one middle school girl and injuring another. Because the trucker happened to be using a cell phone immediately before the crash, the incident helped raise awareness of distracted driving -- an issue important to me as a Lauderhill auto accident lawyer. Now, the Ocala Star-Banner reported Jan. 13, the mother of the girl who was killed is helping start a new, MADD-like group intended to fight distracted driving. Elissa Schee of Ocala is one of five board members of FocusDriven, all of whom lost loved ones to distracted drivers. The board met Jan. 12 with U.S. Transportation Secretary Ray LaHood.

Frances “Margay” Schee was 13 when her school bus was rear-ended by a commercial trucker. The bus was pushed forward 100 yards and burst into flames, but Margay Schee was the only one killed. The truck driver told police afterward that he was using a cell phone at the time. Elissa Schee told that story when she appeared on an episode of Oprah broadcast Jan. 18 to promote FocusDriven. The group’s first priority is to pass legislation in all 50 states outlawing phoning and driving. At the moment, the newspaper said, Florida does not place any restrictions at all on phoning and driving -- although the state legislature is expected to take up a ban on texting and driving this year. In fact, no state has banned cell phone use behind the wheel entirely, although six states require headsets for all drivers and 19 ban texting and driving.

As a Coral Springs car wreck attorney, I am glad that Schee and the other FocusDriven members are raising awareness of this issue. Distracted driving has emerged as a major issue in the past six to nine months, in part because of research showing that texting and driving raises your risk of a crash significantly. In one study of truck drivers, researchers at the Virginia Tech Transportation Institute found that texting raised the crash risk by 23 times. Another recent study found that the crash risk for drivers of ordinary cars, using a simulator, was six times greater. And some research has found that texting impairs driving even more than driving under the influence of alcohol or marijuana. But until our society sees a concentrated campaign to raise awareness of the dangers, drivers will continue to take those risks for the sake of convenience.

Continue reading "Mother of Teen Killed in Semi Crash Joins Campaign Against Distracted Driving" »

A report by the federal Government Accountability Office says hundreds of trucking and bus companies have remained in operation despite orders to shut down, the Associated Press reported Aug. 3. The report looked at companies ordered to shut down by the Federal Motor Carrier Safety Administration for serious violations like using unsafe equipment, failing to test drivers for alcohol and drugs and operating without a license. Investigators believe that at least 20 commercial bus companies and 1,073 trucking companies evaded paying fines and meeting other legal obligations by simply starting a new company using the same contact information and employees. More than 500 were still on the road as of July, the report said.

The study was released about a year after one of the “reincarnated” bus companies was involved in a deadly accident, the AP said. A bus from Iguala BusMex Inc. blew a tire on Aug. 8, 2008, near Sherman, Texas, sending it off the highway and killing 17 people on board. Iguala BusMex was a “new” company still waiting for its federal license -- but it was run by Angel de la Torre, owner of Angel Bus Tours Inc., which stopped operating two months earlier after an unsatisfactory federal inspection. The blown tire was a retreaded tire installed on a steering axle in violation of federal law. The number of “reincarnated” trucking and bus companies may be even bigger, the GAO said, because the study looked only at exact matches between addresses and other contact information.

As a Deerfield Beach trucking accident attorney, I am disturbed that it’s so easy for companies with a record of safety violations to remain on the road. Using unsafe equipment and failing to drug-test might not sound like serious problems, but as the Iguala BusMex crash shows, even small safety violations can have deadly consequences when they affect a vehicle weighing many tons more than a passenger car. Trucking companies that send out their drivers with bad brakes or no valid license are setting up the drivers -- and everybody around them -- for a catastrophic accident. By the time these violations translate into a crash, it’s too late for the innocent people around the trucks, who are left dead or with serious, often permanent, injuries.

Continue reading "Federal Report Says Trucking and Bus Companies ‘Reincarnate’ Under New Names After Orders to Shut Down " »

A Flagler County Sheriff’s Deputy suffered serious injuries when he was hit on his motorcycle by a semi truck, the Orlando Sentinel reported Aug. 5. Deputy Sgt. Michael Van Buren was on his way to respond to a traffic accident on Palm Coast Parkway in Flagler County when the accident occurred. His injuries were not believed to be life-threatening, but were described as serious, including possible broken bones. No injuries to the truck’s driver were reported. The Florida Highway Patrol is investigating the incident.

According to the paper, Van Buren was traveling west on Palm Coast Parkway when the accident happened. The accident report said the tractor-trailer was traveling east, but preparing to turn north onto Interstate 95. The article said Van Buren’s motorcycle hit the big rig, but the accident report did not specify how exactly that happened. As a motorcyclist and a Davie motorcycle crash lawyer, however, I know that a left turn in front of an oncoming motorcycle, violating the motorcyclist’s right of way, is one of the most common motorcycle accident configurations. In many of these accidents, the left-turning driver simply doesn’t see the motorcyclist, or doesn’t see the motorcycle until it’s too late to prevent the accident. In others, the motorcyclist is going too fast for conditions.

As a Tamarac motorcycle crash attorney, I was also interested in this crash because it pitted a ten-ton truck against a motorcycle, which is tiny by comparison. The officer is fortunate that his injuries were not serious -- possibly because one or both of the motorists involved were able to think quickly. As a rule, motorcycles are outweighed substantially in accidents with cars and trucks, which is one reason why motorcycle accidents are so much more likely than car crashes to result in wrongful deaths and catastrophic injuries. Motorcyclists are also relatively unprotected, with only gear and helmets -- which are optional for most Florida riders -- between them and the pavement. In a crash with a large truck, that usually spells death or very serious injuries, such as permanent brain damage.

Continue reading "Sheriff’s Deputy Injured in Motorcycle Crash With Semi While on Traffic Duty" »

A study of long-haul truckers found that truckers were 23 times more likely to crash when they were text messaging, the New York Times reported July 27. The study placed video cameras in the cabs of more than 100 long-haul trucks over 18 months. Researchers at the Virginia Tech Transportation Institute then reviewed the videos to see what drivers were doing in the moments before a crash or a near miss. They found that typically, truck drivers were looking at their wireless devices for an average of five seconds -- time when they couldn’t have their eyes on the road. According to the article, that’s enough time for a large truck at highway speed to travel more than the length of a football field.

The study did not look at drivers of passenger cars. However, the researchers said truckers display behaviors similar to those of drivers in passenger cars and the results can be generalized to them. In fact, preliminary results from a VTTI study of teenaged drivers in smaller vehicles show similar levels of risk while texting, the article said. Other studies have also found a vastly increased risk for those who text and drive. To Tom Dingus, the director of the VTTI, all that research means no one should text and drive -- it should be illegal. It is already illegal for at least some drivers in 14 states, but Florida has no law addressing the issue, aside from general prohibitions against reckless driving.

As a Coral Springs big rig accident lawyer, I would not be sorry to see laws addressing the issue of texting and driving a semi truck. Here in Florida, we’ve already seen the results firsthand in the case of the truck driver who rear-ended a school bus near Ocala, killing one girl and seriously injuring another. That driver is accused of using his phone directly before the crash. Tractor-trailers are much bigger and heavier than ordinary cars and trucks, which means they can cause serious damage in a crash, including wrongful death and permanent, lifelong disabilities. Given the seriousness of a truck crash, it’s very important that truck drivers avoid texting and any other distraction, especially when research shows such a clear risk.

Continue reading "Study Shows Texting While Driving a Large Truck Raises Risk of Crash by 23 Times" »

The federal government is considering two moves that would have a major effect on the safety of the large trucks that share our roads in Florida. On July 24, the National Highway Traffic Safety Administration announced that it will require newly manufactured trucks to be able to come to a complete stop more quickly, reducing the distance traveled during braking by 30%. Specifically, a semi truck traveling at 60 mph would be required to stop within 250 feet starting with newly manufactured 2012 trucks. Currently, the same truck traveling at 60 mph is required to be able to stop within 355 feet. The NHTSA estimates that this will save 227 lives every year and prevent 300 more serious injuries.

That announcement comes on the heels of a quieter change being considered by Congress. According to the Allentown, PA Morning Call, the House of Representatives is considering relaxing big rig weight limits. Currently, they can be no more than 80,000 pounds; House Resolution 1799 would increase the weight limit to 97,000 pounds. To prevent problems caused by that additional weight, it would also require an extra axle to create more “stopping power” and an $800 annual fee from the heavier trucks to defray the cost of repairing extra wear and tear on the roads. Competing legislation brought by Congressmembers concerned about both crash safety and the extra stress on the roads would maintain the current 80,000-pound limit.

As a Deerfield Beach tractor-trailer accident attorney, I am glad that the NHTSA rule change is taking place -- but I will be especially glad if the change to the weight limit also passes. Weight and braking are directly connected: The larger the weight, the longer it takes a vehicle to stop. If trucks are allowed to be 17,000 pounds heavier, their already long stopping distances will get even longer unless braking technology can keep up. And that has bad implications for the drivers around those large trucks. Some drivers don’t realize trucks need more stopping distance and mistakenly treat them like other cars; others are exposed to serious injury when the trucker makes a misjudgment and can’t brake in time to prevent an accident. In either case, the increased weight of the truck translates to increased force in the resulting collision, causing wrongful deaths and catastrophic injuries.

Continue reading "Federal Government Requires Increased Braking Power and Considers Higher Weight Limits for Tractor-Trailers" »

The Florida Highway Patrol has announced criminal charges in a semi truck accident that killed six in Glades County last year, the Naples News reported July 16. Ewing Saunders, 67, was charged with six counts of DUI manslaughter and one count of DUI property damage in the Sept. 29 accident. The crash killed Jose Saavedra, Jose Maria Arellano, Lucas Reyes Flores, Rigoberto Reyes Perez, Oscar Humberto Reyes and Sergio Saul Salazar. All six men were in a van on the way to their jobs picking saw palmetto berries, according to the article.

The FHP report said Saunders, of Nokomis, was driving a 2005 Peterbuilt tractor-trailer on State Road 78 in Glades County. As he approached the intersection with State Road 29, he failed to stop for a stop sign and collided with the workers’ 1993 Chevrolet van. All six men were pronounced dead on the scene; no injuries to Saunders were reported. However, testing of Saunders showed that he had a blood-alcohol content of 0.11 -- over the 0.08 legal limit in Florida. The FHP filed charges after a 10-month investigation. Saunders was held on $300,000 bail; if convicted on all counts, he faces decades in prison.

As a Pompano Beach big rig accident lawyer, I was struck by the fact that this is a DUI manslaughter case. Statistically, truckers drive drunk at much lower rates than other motorists -- possibly because they can have their commercial licenses suspended for just one infraction. According to the National Highway Traffic Safety Administration, truck drivers were just 1% of drivers involved in fatal crashes in 2007 who were legally drunk; they also had the lowest rate of previous DUI convictions of all drivers involved in fatal crashes.

But when truck drivers do drive under the influence, the results can be deadly. Because trucks are so large and heavy, they are nearly guaranteed to cause serious damage to passenger vehicles in any collision -- killing or very severely injuring the people inside. That’s why statistically, the vast majority of people killed in semi truck crashes are people in other vehicles. When they are not killed, victims often sustain catastrophic or disabling injuries requiring lifelong medical care, such as brain damage or paralysis. As a Hallandale tractor-trailer accident attorney, my job is to help these victims win a fair insurance settlement, so they can get needed medical care and put their lives back together -- but I would much rather see fewer families devastated by a truck driver’s negligence.

Continue reading "Truck Driver Faces DUI Manslaughter Charges in Southwest Florida Trucking Accident" »

A truck driver ran into a guardrail at 4 a.m. Sunday, triggering a crash involving eight vehicles, the Gainesville Sun reported July 12. Nobody was seriously injured in the crash, which involved a total of two semi trucks and six cars traveling in both directions on Interstate 75. However, the accident caused a truck to roll over and sprayed debris across the highway, backing up traffic throughout Sunday. Reckless driving charges are pending against the truck driver, Yerany Guelmes of Naples, who the Florida Highway Patrol said fell asleep at the wheel.

According to the article, Guelmes was southbound on I-75 in a Freightliner when he fell asleep and hit the center guardrail. The accident caused the tractor-trailer to roll over and sent pieces of the truck flying into both lanes. A northbound truck driver, Erik Stephen Riis, then ran over an axle and lost control, causing him to hit the guardrail and send debris into the southbound lane. Six other vehicles were damaged as well, but the article does not explain how. Both truckers were taken to the hospital with minor injuries, and clearing the wreckage took much of Sunday, slowing traffic south of Gainesville.

As a Broward County trucking accident lawyer, I am interested in this crash in part because the FHP believes the cause was Guelmes falling asleep at the wheel. A lot of publicity has been focused on the problem of truck drivers taking amphetamines and other drugs, but in many cases, the root cause is plain old sleepiness. Federal law limits the amount of time truck drivers may drive without taking a break to sleep, but these laws are routinely ignored in the trucking industry. Truckers frequently have their pay tied to making on-time deliveries, which means they have an incentive to ignore those laws and stay on the road. In the worst cases, that can lead to devastating accidents caused by a truck driver who fell asleep at the wheel of an 80,000-pound big rig.

Continue reading "Semi Truck Driver Falls Asleep at the Wheel, Causing Eight-Vehicle Accident in Gainesville" »

The Florida Department of Highway Safety and Motor Vehicles announced good news July 6: Fatal traffic accidents decreased by 6.21% in 2008. That statistic comes from the department’s annual report on traffic crashes (PDF), gathered from information from Florida’s own traffic crash database. According to the report, fatal crashes involving cars, pickups, SUVs and large trucks are down -- but pedestrian, bicycle and motorcycle crashes went up in 2008. According to the Daytona Beach News-Journal, officials at the DHSMV attribute the change in part to the bad economy, which meant fewer tourists, less driving by Floridians and slower speeds when people do drive.

High gas prices might explain the rise in accidents involving pedestrians, bicyclists and motorcycles. Fatal accidents dropped in all of those areas, but injury accidents rose -- most dramatically for motorcycle passengers, whose injury rate rose by 14.80%. Pedestrian injury accidents rose by 4.64%, bicyclists injured rose by 1.79% and motorcyclists injured rose by 4.07%. On the plus side, fatalities in Florida overall are down by 7.39%, alcohol-related fatalities are down by 6.03%, and drug-related fatalities are down by a staggering, and welcome, 32 7%. The department keeps separate statistics for teenagers, whose fatality rate dropped by 16.8% and whose overall crashes dropped by 11.1%. Perhaps most interesting to a Fort Lauderdale car accident attorney, the study lists “careless driving” as the most common contributor to all crashes, followed by alcohol, failure to yield the right-of-way, speeding and crossing a center divide.

I am happy to say that here in Broward County, many of our accident statistics maintain that downward trend, though pedestrian and bicycle accidents continued to be an exception. However, one statistic particularly important to me as a Miramar motorcycle accident lawyer -- motorcycle fatalities -- has only now evened out. Over the five years between 2004 and 2008, our county saw a steady rise in fatal motorcycle crashes, reaching its peak in 2007 with 52 deaths. That number dropped to 37 this year, a trend I hope will continue. Overall, crashes, injuries and fatalities in Broward County are down, including alcohol-related injuries and deaths.

As a Pompano Beach car crash lawyer, I’m glad to see that fewer Floridians are getting involved in crashes, even if that means fewer people need my services. Serious auto accidents are catastrophic, life-changing events for many of our clients here at Cohn, Smith & Cohn. Accidents leave victims with internal damage, head injuries, broken bones and other injuries that require months and many thousands of dollars to fully treat. During that time, victims often cannot work, making it difficult to pay for all of this health care. In some cases, the situation is complicated by an insurance company’s refusal to provide the coverage victims have already bought and paid for, requiring a time-consuming and sometimes expensive legal battle to secure benefits.

Continue reading "Report Says Florida Traffic Accident Deaths, Including Motorcycle Crashes, Decrease in 2008" »

A truck driver left quadriplegic by a hit-and-run accident successfully sued his insurance company for denying coverage, the Miami Herald reported June 24. Derry Brown, 64, lost the use of both arms and legs in an accident caused by a driver who ran a stop sign. When he made a claim on his trucking insurance for the cost of his subsequent medical treatment, the company denied uninsured-motorist benefits. Unable to work and with hundreds of thousands in medical bills and growing, Brown sued, and a Broward County jury awarded him $14.6 million in unpaid benefits.

According to the Herald, Brown was hauling a load of sugar through Palm Beach County when the other driver cut him off by running a stop sign. He swerved to avoid an accident that, his lawyer said, would almost certainly have killed the driver in the other vehicle -- a claim that I, as a Davie trucking accident attorney find all too easy to believe. The other driver left the scene. However, the swerve overturned the truck, leaving Brown with spinal cord damage that paralyzed him below the neck. The accident happened May 31, 2007, but he is still undergoing treatment and rehabilitation at the Florida Institute for Neurological Rehabilitation in Wachula.

Unfortunately, the article doesn’t go into details about why the insurance company denied benefits. However, my experience as a Davie tractor-trailer accident lawyer is that insurance companies don’t like to pay any uninsured motorist claim they can avoid paying. And in many cases, they believe they can avoid paying simply by finding technicalities allowing them to argue that the accident isn’t covered. These practices aren’t just unfair to injured motorists -- they are illegal and a violation of the insurer’s own contract. Unfortunately, to enforce their rights, motorists like Brown sometimes have no choice but to file a Hialeah semi truck accident lawsuit to recover the money they’re legally entitled to -- and, indeed, have already paid years of premiums for.

Continue reading "Paralyzed Driver Wins $14.6 Million in Lawsuit Against Insurer That Refused Coverage" »

A Miami-Dade man without a valid driver’s license was arrested in connection with a serious fuel tanker truck accident, the Palm Beach Post reported June 23. Roberto Antonio Valasquez was allegedly driving a station wagon that broke down on Interstate 95 at around 1 a.m. Monday. He and an unnamed passenger ran from the vehicle when they saw the fuel tanker truck barreling toward them. The subsequent crash caused an explosion that closed the north lanes of the interstate for five hours, severely damaging the road and killing one of the trucker’s two dogs. Fortunately, no one else was hurt, although the trucker, Jimmy Hill, suffered minor burns to his arm.

Valasquez is charged with driving without a license and leaving the scene of an accident. He told investigators that he was driving because the passenger, who has a valid license, was tired. Their station wagon died in the roadway, he said, and he couldn’t get it to start. It’s unclear whether they left immediately, but the stopped station wagon caused problems for Hill, who told the South Florida Sun-Sentinel that he couldn’t stop his truck in time to avoid it. Hill’s full tanker of gasoline collided with the car, and he and one of his spaniels managed to escape before the explosion. Authorities later found the body of the other dog, who was thrown from the truck.

As a South Florida resident and a Plantation semi truck accident lawyer, I’m grateful that this happened so early in the morning, when most drivers were safe at home. A fuel tanker truck accident is one of the most serious types of commercial truck crash. In addition to the large the weight and size that makes any truck accident dangerous for people in smaller vehicles, fuel tankers have a toxic and highly flammable load. If the crash ruptures the tank and exposes the fuel to flame -- highly likely in a crash -- the result can be an explosion that could kill or catastrophically injure everyone nearby. If there’s no explosion, fuel spillage could still pose a severe environmental and fire hazard.

Authorities are not yet laying blame on anyone for causing the accident, but from the criminal charges so far, it seems likely that they don’t blame Hill. While irresponsible truckers in charge of two-ton semi trucks are a serious threat, irresponsible drivers in cars, trucks and SUVs can and often do cause severe trucking accidents. Thanks to the trucks’ size, this can affect multiple innocent bystanders. Victims of these trucking accidents still have the right to file a Sunrise tractor-trailer accident lawsuit -- but against the careless driver. If circumstances are appropriate -- for example, if a load was not secured properly -- they may sue the trucker or trucking company in addition to the careless driver. Tracing back who caused what part of an accident is complicated, which is why victims should always talk to a Davie trucking accident attorney as early as possible in the case.

Continue reading "Unlicensed Driver Charged in Palm Beach Truck Accident That Caused Fiery Explosion" »

Eight motorists in Martin County were injured in a chain-reaction crash on Martin Highway, Treasure Coast Palm reported May 4. No one was killed in the accident, the newspaper said, but three cars were destroyed and the highway was closed for nearly four hours. Most victims’ injuries were minor, but one man had to be airlifted to the hospital with serious injuries. The closing complicated traffic in the region, which was already being rerouted after an entrance to the Florida Turnpike was closed due to a gas pipeline explosion.

The crash started when truck driver Noah Schou failed to slow his flatbed truck in time for stopped traffic ahead. Schou’s truck rear-ended a pickup driven by Esteban Moreno, which set off a chain reaction involving seven other vehicles, including one oncoming semi truck. The crash caused Moreno’s pickup to catch fire and sprayed debris across the road, witness Josh Ebright told the newspaper. Ebright was among several strangers who helped to pull the seriously injured Moreno out of his burning truck. All of the other people involved suffered only minor injuries, although several vehicles, including one in the opposing lanes, were heavily damaged. Schou was not injured, but was charged with careless driving.

That criminal charge could cause serious trouble for Schou and any trucking company he might work for, if the accident leads to a Florida trucking accident lawsuit. Generally speaking, a criminal charge or even a traffic citation is strong evidence that a driver’s actions were extremely careless -- and carelessness is an essential element of proving a legal claim. Broward County semi truck crash lawyers like us can use that evidence to prove that our clients’ injuries were caused by a truck driver’s irresponsible behavior, and in turn, that our clients are entitled to financial compensation for those injuries.

Most of the victims in this crash were fortunate, but generally, trucking accidents leave their victims with very serious and sometimes fatal injuries. Because tractor-trailers, big rigs and other large trucks are so much heavier than ordinary cars and trucks, a crash between the two vehicle types can crush the smaller vehicle in an instant, killing those inside or leaving them with catastrophic injuries such as brain damage, spinal damage or severe burns. In addition to being devastating, these injuries are also very expensive to treat, requiring long hospital stays and months of rehabilitation. The most severely injured may never be able to return to work and family life, requiring a lifetime of care.

When those injuries were caused by another person’s carelessness, victims and their families have the right to file a Coral Springs tractor-trailer accident lawsuit against the responsible parties. Our law firm, Cohn, Smith & Cohn, can help. Based in Hollywood, our firm serves trucking accident victims throughout South Florida. To learn more about your legal options and your rights at a free consultation, please contact Cohn, Smith & Cohn today.

The driver of a truck that rear-ended a school bus near Ocala last September was arrested and charged April 7 in the accident, the Gainesville Sun reported. Orlando resident Reinaldo Andujar Gonzalez is charged with vehicular homicide in the death of Frances Margay Schee, and with reckless driving with serious bodily injury to fellow student JaSena Humber. Their school bus was stopped to let children off when Gonzalez rear-ended the bus, causing a fire.

A spokeswoman for the Florida Highway Patrol said the agency believed Gonzalez had not rested enough and was distracted by a cell phone right before the crash. In fact, reports at the time said he had admitted to using his phone on the day of the crash, possibly to send or receive text messages, but refused to say exactly when. As I have written on this blog before, I am very interested in safety issues surrounding phoning and driving. If the evidence shows that Gonzalez was distracted by his phone in a crucial moment, it could be a strong blow in favor of more restrictive laws regarding cell phone use on the road.

In addition to the criminal charges, Gonzalez faces at least two lawsuits, filed by Schee’s and Humber’s mothers. Both women have also sued his trucking company and the company that leased Gonzalez his truck. This is not as far-fetched as you may think; in fact, it’s very common in Florida tractor-trailer accident lawsuits. Trucking companies and equipment suppliers may be directly liable for an accident if their equipment is faulty, or if they order or allow drivers to do dangerous things. They may also be vicariously liable for the actions of employees, under a legal doctrine saying employers are responsible for the actions of all employees who are carrying out their directions or duties.

In a Florida trucking accident lawsuit, seriously injured victims and their loved ones can claim the money they need to pay high medical bills, make up for lost wages and cover other costs directly caused by an accident. If you are in this situation and you’d like to know more, my firm, Cohn, Smith & Cohn, can help. To speak to someone about your case and your options at a free, confidential consultation, you can contact us online or call us at our main Broward County office at (954) 431-8100.

An elementary school teacher with a career stretching more than 30 years was killed in an accident with a large truck March 9, the Miami Herald reported. Sharon Braun was headed to the school with her four grandchildren, who are students there, and fellow teacher Gail Carter. Carter was driving when a tractor-trailer changed lanes into her car, knocking it into another vehicle and rolling it over. Braun was killed at the scene and Carter was taken to the hospital with serious injuries, but none of the four children was seriously hurt. One of the children, who are ages 7 to 11, borrowed a phone from a witness to tell their parents about the accident.

As of March 9, the accident was still under investigation and no charged had been filed, the Herald article said. But according to state records the newspaper found, the driver of the tractor-trailer, Tracy Fiffia, had a history of traffic citation problems. Among other things, Fiffia’s record includes tickets for speeding, reckless driving, using defective equipment and driving with an improper license or no license, though his license was valid at the time.

It’s not for an Aventura trucking accident lawyer to assign blame for an accident if the FHP is still investigating. But from the facts presented in the article, it sounds like the truck driver’s lane change is primarily responsible for this accident. If that turns out to be true, the trucker and his trucking company could be legally at fault, which means they would be liable for all of the injuries this accident caused. In addition to the physical injuries to Carter and any injuries to the children, that would also mean the injury to Braun’s family caused by her death -- the loss of a mother’s love, companionship and emotional and financial support. And any lasting trauma to the children who were part of this accident would certainly be an emotional injury.

All of these harms are “injuries,” as the word is understood by South Florida truck crash attorneys. In a Miami trucking accident lawsuit, victims of serious trucking accidents and their family members can claim financial compensation for all of these injuries and the financial costs that they cause, such as hospital bills, repair costs and therapy costs. Accidents with tractor-trailers like this one can cause very serious injuries, including wrongful deaths, brain damage and spinal cord injuries. Cohn, Smith & Cohn is proud to help victims of those injuries hold the at-fault people legally responsible and collect money to help pay medical costs and make ends meet as they recover.

Cohn, Smith & Cohn’s Pembroke Pines semi truck accident attorneys offer free, confidential consultations to all potential clients. If you or someone you love has been hurt by a careless truck driver and you’d like to learn more, you can set up a consultation by calling our main office at (954) 831-4100 or contacting us through our Web site.

A tanker truck carrying 8,500 gallons of gasoline and diesel overturned in Volusia County March 6, the television station WESH reported. The single-vehicle accident happened at about 4:15 a.m. that day, the article said, when the trucker slowed for traffic, lost control and ended up with a truck rollover accident. The truck ended up in a retention pond, into which it leaked 3,800 gallons of fuel from six places. Authorities closed traffic in both directions and called a hazardous materials crew to deal with the leak. They also closed a nearby business as a precaution.

All of this was necessary because hazmat trucks, as the trucking industry calls them, are some of the most dangerous trucks to be around after an accident. As a South Florida trucking accident lawyer, I know hazmat trucks don’t get into significantly more accidents than other kinds of trucks -- but when they do, even uninvolved people in the surrounding community can be in danger. The Federal Motor Carrier Safety Administration, a division of the U.S. Department of Transportation, found in a study that hazmat trucks were three times more likely to be in a rollover accident like this one. They were also 50% more likely to have a cargo spill and caught fire more than three times as often, possibly because 64% of cargo releases in hazmat crashes are flammable liquids.

This Florida semi truck accident almost certainly caused some amount of environmental damage by spilling thousands of gallons of gas and diesel into the retaining pond by the side of the road. By the same token, the gas fumes probably posed a threat to people who had the bad luck to breathe in the area. It could also have posed a serious threat of fire, if any source of flame had come into contact with the spilled fuel, including a fire in the wrecked truck. And of course, the drivers in the area faced all the same threats they would face in any Florida truck crash -- not least the risk of a rollover onto a nearby vehicle. Even when no other cars and trucks are involved, an accident with a hazmat truck can pose serious dangers to everyone around.

When trucks crash through driver inattention, poor maintenance or other problems caused by the trucker or trucking company, those people are legally responsible for any injuries the crashes cause. Victims in these wrecks have the right to sue for the costs of the accident, including lost wages from missed work, as well as compensation for a death in the family, serious injury or permanent disability. If you or someone you love has been hurt in this way, my firm, Cohn, Smith & Cohn, can help you learn more. To set up a free consultation on your injuries, please call us at (934) 431-8100 or contact us online as soon as possible.

At least six lawsuits have been filed in response to a 70-car pileup that took place on Interstate 4 in January of 2008, the Lakeland Ledger reported Jan. 30. One woman who was widowed in the crash filed a Florida trucking accident lawsuit against a trucking company whose driver she alleges was not paying attention to the road when he slammed into cars that had already crashed, rolling the truck over onto her husband’s car and killing both drivers. Another lawsuit accuses several state agencies of negligence in allowing a controlled burn to spread, creating a wildfire whose billowing smoke allegedly obscured the view of drivers on the highway and caused the crash.

The road was both smoky and foggy on the day of the crash, which the Ledger said started when a man in a truck rear-ended a semi that had slowed because of the bad visibility. Twenty-two more vehicles crashed into them and each other, leaving four people in the 24-car crash dead. Other pileups that day along the same stretch of highway involved 46 other cars; the combined crashes left five people dead and 37 injured. A Florida Highway Patrol report in January said no charges would be filed aside from the 12 careless driving tickets already issued, but most of the crashes could have been avoided if drivers had slowed down to accommodate the smoke and fog.

That article also says that Florida Agriculture Commissioner Charles Bronson denied that the smoke from the Fish and Wildlife Conservation Commission fire played any part in the accidents. However, as a South Florida trucking accident lawyer, I believe the FHP report will provide compelling evidence to the contrary in these Tampa auto accident lawsuits and Polk County trucking accident lawsuits. Most of the lawsuits the paper reported allege negligence by truckers and trucking companies as a cause of the pileup -- and while that may certainly be a factor in this tragedy, it’s clear that visibility likely also played a part.

Suing a government agency is entirely appropriate when that agency bears responsibility for an injury -- but it requires victims to overcome multiple bureaucratic hurdles. Thanks to the legal doctrine of sovereign immunity, governments can and do set very tight deadlines or special filing requirements that can make or break a case. That’s why experts recommend that people with cases of government negligence get help right away from an experienced Florida auto accident attorney. Cohn, Smith & Cohn has more than 25 years of experience working exclusively with victims of serious accidents; we can help. For a free consultation on your case and your legal options, call us at (954) 431-8100 or contact us online today.

A train hit a semi truck stopped on the tracks in Florida’s Panhandle, spilling its load of Valentine’s Day roses but leaving everyone involved unharmed. Panama City’s WJHG reported Feb. 3 that the semi was stopped just north of Interstate 10, stuck behind a dump truck waiting to make a turn. Witnesses said the dump truck didn’t move even when traffic was clear, trapping the semi on the tracks. The impact damaged the train’s front and the semi’s trailer and spilled roses across the area, but fortunately, none of the four people involved were hurt. The dump truck’s driver left the scene; the Florida Highway Patrol is investigating.

Of course, not all of the facts are in that article, but the facts reported make it a strong possibility that the dump truck’s driver is legally responsible for the accident. If so, this story would be a great example of the fact that accidents can be caused by people who aren’t directly involved in them. We think of accidents as primarily the responsibility of people in the vehicles, but the actions of others behind the scenes -- other motorists, auto parts manufacturers, road maintenance workers -- can matter. In fact, experts believe very few accidents are entirely the fault of just one of the people involved.

Victims of serious Florida accidents may still sue for financial compensation even if they bear some responsibility for their own injuries. Florida law allows juries and judges in Florida trucking accident lawsuits to determine exactly what percentage of fault is borne by each person involved. If the victims are found to be partially at fault for their own injuries, any money they collect is simply reduced by the amount of fault they bear. For example, let’s say a jury deciding fault in the truck accident above awards the semi’s driver $10,000, but finds that he is 5% at fault. The semi’s driver would still be able to collect the jury award, but he would only collect $9,500, rather than the full $10,000.

The Hollywood law firm of Cohn, Smith & Cohn represents people throughout South Florida who have been seriously injured or lost a loved one in severe trucking accidents. When trucks hit cars, they frequently leave the people inside dead or with catastrophic injuries such as brain damage, paralysis and severe burns. If you or someone you love was hurt because of a trucker’s or trucking company’s carelessness, you have the right to hold them legally responsible for your bills and injuries with a Florida truck accident lawsuit. To set up a free consultation and learn more about your rights, you can contact Cohn, Smith & Cohn online.

A man is hospitalized in critical condition after his SUV was broadsided by a semi truck in Polk County. The News-Sun reports that a truck carrying boxed oranges failed to stop for a traffic signal around 10:30 p.m. on Jan. 10, hitting the man's SUV. The man was airlifted to a hospital and his passenger was treated for minor injuries and released. The semi's driver and his six passengers, including four minors, were unharmed or sustained only minor injuries. The accident also scattered oranges across the highway, closing it for six hours.

As a Florida trucking accident attorney, I know that large trucks like this one crash rarely -- but when they do, it is likely to be fatal for the people in the other vehicles. Statistics from a 2007 report by the National Highway Traffic Safety Administration show that large trucks were involved in just 3.9% of all crashes but 8.2% of fatal crashes -- and 77% of those killed in trucking accidents were people outside the truck. The problem is the huge difference in size and weight between a ten-ton tractor-trailer or Mack truck and a passenger vehicle -- even a 4,500-pound SUV, as in this case. When the vehicles collide, that weight difference translates to a crushing difference in force, leading to wrongful deaths, brain damage, paralysis and other life-changing injuries.

Unfortunately, the deadliness of trucking accidents means that trucking companies move quickly to limit their liability. Even when the truck driver is clearly responsible, the trucking company may take quick action that eliminates or reduces the victims' ability to get fair compensation for their injuries. That's why it is essential for Florida truck accident victims and their loved ones to consult an attorney before signing anything, agreeing to be recorded or taking any money offered by the trucking company's representative.

At Cohn, Smith & Cohn, our experienced Aventura truck accident lawyers help trucking accident victims focus on their own recovery by helping them understand their rights, explaining their legal options and protecting them from insurance companies' hassles and tricks. If you or someone you love has been hurt in a semi truck accident in Florida, we would like to help. To speak with us about your injuries and your options at a free consultation, please contact us through our Web site or call (954) 431-8100.

The Miami Herald reported an auto accident with an unusual twist: The accident spilled pesticides and rat poison all over the highway. The vehicle involved was a pickup truck, which rolled over for reasons not specified by the newspaper. The spill closed westbound lanes of Interstate 595 for an hour while workers cleaned it up. Fortunately, the man’s injuries were not life-threatening.

Those of us who live in South Florida have another reason to be thankful: The spill didn’t do any lasting damage to the environment or the roads we use every day. Under different circumstances, a spill of a toxic material like rat poison could become a major disaster. Toxic spills aren’t just harder to clean up; they’re also dangerous for everyone in the area, regardless of involvement with the accident. A spill involving the local water supply could make drinking water and farmland unsafe for weeks or longer, not to mention the effects on wildlife. Statistics on toxic spills are difficult to track down, but according to the Federal Motor Carrier Safety Administration, about 11% of accidents with large commercial trucks -- semis, tractor-trailers or 18-wheelers -- involve a spilled load of any kind.

It’s also worth noting that a rollover accident is surprisingly common for pickup trucks like this one. By now, most people know that SUVs are unusually likely to be involved in a rollover accident, even during normal driving. What you may not know is that pickups are right behind them in the rollover rankings, representing 27.8% of all fatal rollovers in 2006. (SUVs represented 35.1%.) Both are part of a category of vehicles the federal government calls “light trucks.” Rollovers are so feared because they expose drivers and passengers to very serious risks. In a rollover, vehicle occupants are thrown around the inside of the cabin, exposing them to brain and spinal injuries from the impacts, as well as puncture wounds from deformed or broken metal and glass. If they are not wearing seat belts, they may also be thrown from the vehicle, causing death or very serious injuries.

Traffic accidents are so common that many of us have forgotten just how dangerous they can be. Unfortunately, a car crash can be a life-changing event, killing its victims or causing brain damage, spinal injuries and other injuries that lead to permanent disability. If the accident was caused by another person’s careless behavior, victims have the right to hold that person legally responsible with a Florida auto accident lawsuit. The Pembroke Pines law firm of Cohn, Smith & Cohn has substantial experience with these claims, including claims for serious medical conditions. If you’d like to speak with us to learn more about your injuries and your legal rights, please contact us today to set up a free consultation.

Accidents with two different large commercial trucks took the life of a Merritt Island man in early November. According to a story in the Daytona Beach News-Journal, the man had a non-fatal accident with a tractor-trailer truck on Interstate 95 around 5:20 a.m. He stopped his truck in the highway's inside lane and got out, but was then hit by a second semi. The first truck left the scene; the Florida Highway Patrol is looking for its driver.

I am sorry to say that this sort of accident happens more often than you might think. If you're in a minor accident, your first instinct might well be to pull over onto the shoulder of the road, or the emergency lane or breakdown lane in the center, if it's closer. That's certainly safer than staying in the middle of traffic, but far too many drivers don't look for pedestrians or stopped cars in those lanes. In fact, some illegally use the shoulder to pass stopped traffic, not realizing that the reason for the stopped traffic might be an accident moving to the shoulder. The result is that some accident victims quickly become victims a second time. And if they're on foot, as this man was, death is a serious possibility.

Statistics on accidents just in emergency lanes are hard to find, but the Florida Highway Patrol has reported that 1,793 state emergency vehicles were hit by other vehicles over a five-year period, causing five deaths. That number was part of the Move Over Florida campaign, which tried to raise awareness of the importance of following the Florida Move Over Act. That law requires motorists to either change lanes or slow down when approaching stopped emergency vehicles, law enforcement or construction workers. It's more than six years old now, but Floridians still don't follow it as well as we should, for either public servants or our neighbors.

Truck accidents are so frequently terrible and traumatic because trucks are so much larger than other vehicles. Pitted against the weight and force of an 18-wheeler, a passenger car or pickup truck will almost always be crushed; someone on foot doesn't stand a chance. And because trucking companies expect to be involved in accidents, they move very quickly after a crash to limit their legal responsibilities to victims. In that situation, hiring an attorney simply evens the playing field. If you or someone you love was killed or seriously hurt in a Florida trucking accident, and you’d like to learn more about your legal rights, please contact me at Cohn, Smith & Cohn for a free consultation.

A woman died in North Florida recently after she was struck by a set of tires that separated from a passing tractor-trailer truck. According to the Panama City News-Herald, the victim, a visitor to Florida, was walking at a rest stop on Interstate 10. As the truck passed, its left rear tires separated from the axle and bounced into her, killing her instantly. The report said the accident is under investigation.

News reports elsewhere have called this a "freak" accident, presumably meaning it was very improbable. But as a Florida trucking accident lawyer, I wonder if it was. Most drivers don't realize this, but equipment failure is a key cause of accidents with semis, tractor-trailers, 18-wheelers and other large commercial trucks. According to a 2007 study by the Federal Motor Carrier Safety Administration, vehicle-related factors were the critical reason for 10% of all large truck accidents in the study. Brake problems were the most frequently cited associated factor, showing up in 29% of the cases, with tire problems (6%) and cargo shifts (4%) also frequently cited.

There are many reasons why trucks and equipment might fail. Some are inherent flaws in the equipment itself, meaning that it was always defective, either by design or manufacture. Others are ultimately caused by poor maintenance. Federal laws require that trucking companies and independent truckers inspect their trucks every day and meet certain safety standards. But that's expensive and time-consuming, and some businesses would rather make a little extra money than take the time to ensure that their equipment is safe, even when their own trucks and cargo are at risk. A National Transportation Safety Board study in 2005 removed a full 46% of randomly inspected trucks from the road because of brake problems alone.

Each time a trucking company or trucker fails to meet these maintenance obligations -- or knowingly drives with unsafe trucks or equipment -- all of the drivers around that truck are at risk of a very serious accident. Accidents between cars and large trucks frequently cause wrongful deaths, permanent brain damage or other very serious injuries. If the accident is caused by the careless behavior of the trucking company or its driver, the victims have the right to hold them legally and financially responsible for the results. If you or someone you care about is a victim, Cohn, Smith & Cohn would like to help. To talk with an experienced Florida attorney about your options and your rights, please contact us today for a free evaluation of your case.

Interstate 95 through South Florida was partially shut down twice in two weeks in late September because of serious accidents involving large trucks. In fact, the first of the crashes attracted national attention because it caused one of the trucks to lose its unusual cargo -- a load of more than $180,000 worth of nickels headed to a federal building in Miami.

According to the Orlando Sentinel, the truck carrying the nickels rear-ended another semi early in the morning, sending the front truck into the guardrail and overturning the rear truck. Four tons of coins spilled across the highway, prompting officials to close the highway both for safety reasons and to allow several federal agencies to pick up the money. The crash killed a man sleeping in the back of the rear truck and injured both drivers.

Just a week later, I-95 was closed in both directions after a series of three trucking accidents happened near the Indian River-Brevard County line. Florida Today reports that a southbound semi truck struck a guardrail and overturned onto a median at about 2:30 p.m. A few minutes later, a northbound tractor-trailer jackknifed in the northbound lanes, closing that side of the road as well. And a fire truck crashed on the way to the scene. Thankfully, no one was injured, although the tractor-trailer's driver was charged with careless driving.

As a Florida large truck accident lawyer, I am grateful that these accidents were not much worse. You are probably already aware of the dangers of accidents with Mack trucks or 18-wheelers, whose much larger weight can be deadly in an accident with a passenger car or truck. And the spilling of nickels might sound like a funny story, but if it had happened during rush hour, those four tons of coins could have caused some very serious accidents. In addition to the truck accident itself, any loss of a load adds more potential hazards to the road. Imagine reacting at highway speeds to a load of nickels, logs or boxes of consumer products that comes flying at you without warning.

And of course, unattended money could have attracted pedestrians to the highway, which is just unsafe for everyone involved. I am sure that was part of the reason authorities closed the highway for so long, and even though it was an inconvenience to many Florida motorists, I believe it was the right thing to do. Automobile accidents are very serious, causing irreversible injuries like brain damage, paralysis and amputations. We should do everything we can to prevent them -- and those who become victims anyway are entitled to collect compensation when they are hurt by another driver's carelessness. If you or someone you love is in this position, please contact my firm, Cohn, Smith & Cohn, for a free consultation on your case.

The news from our Central Florida neighbors has focused recently on a terrible Florida trucking accident that happened between a semi truck and a school bus on September 23. The truck rear-ended the school bus in Citra, near Ocala, causing both vehicles to burst into flames. The accident killed a 13-year-old girl, a middle school student on the bus. Nine other students were injured, along with the bus driver and the driver of the truck.

Importantly, the Florida Highway Patrol believes the truck driver was using a cell phone right before the accident. According to the Orlando Sentinel, the driver told the FHP he was using the phone on the day of the accident, but refused to say exactly when. Authorities told the paper that the driver will be charged with reckless driving, at a minimum, depending on whether their investigation turns up new information.

Banning the use of cell phones while driving isn't popular with everyone; only a handful of states require drivers to use hands-free headsets on the phone. But as the article notes, this accident serve as a wake-up call for Florida drivers who continue using their phones on the road. As a Florida auto accident lawyer, I see plenty of accidents that were caused by distracted driving -- using a cell phone, eating, rubbernecking and other activities that take the driver's eyes off the road. In fact, a 2006 study by the AAA and the Virginia Tech Transportation Institute found that distractions made a driver almost three times more likely to be in an accident. Phones, drowsiness, reading and eating were the most common distractions the study found.

The Governor of California signed a law banning text messages for drivers of any age in the same week that the accident occurred. California had already banned talking on the phone while driving. Those laws may be a tough sell in freedom-loving Florida, but I believe they would make our roads safer. A serious traffic accident is a life-changing event that causes death or very serious injuries, and we should do all we can to prevent them. But if you or someone you care about has already become a victim of a serious traffic crash, you should speak to us at Cohn, Smith & Cohn to discuss your rights as an accident victim and the legal options open to you. You can reach our main office at (954) 431-8100 or click here to fill out our confidential online case evaluation form.

The three adult children of a woman killed by a truck's improperly secured cargo won $1.7 million recently in a wrongful death lawsuit, the South Florida Sun-Sentinel reported. Claudia Avila was a passenger in a car traveling on Interstate 95 more than four years ago when a flatbed truck carrying a load of metal plates lost part of its cargo, sending a 34-pound metal plate crashing through the windshield in front of Avila. She was on life support with severe head injuries for more than a month before her death.

Despite the severity of the accident, the truck carrying the metal plates apparently did not stop; it took investigative work by the family's lawyer to uncover the names of the companies involved in the accident. The trucking company and the scrap metal company it delivered its cargo to settled with the family, but the manufacturer of the metal plates opted for a trial, where it was found liable for improperly securing the plates and hit with a $1.7 million judgment.

Florida wrongful death lawsuits are always hard. There is no doubt in my mind that Avila's children would rather have their mother back than this money. But because they cannot, I am glad to see that they and their lawyer have managed to track down the people at fault and hold them legally responsible for this accident. A wrongful death lawsuit can help them in small ways, by paying them back for the costs of the accident, including the costs of intensive care and a month of life support. It can also compensate them for the incalculable loss of their mother's love, support and advice.

And, I hope, it may even prevent future accidents by bringing home the importance of safety to those who carry heavy loads up and down our nation's highways every day. Most of us don't think about poorly secured cargo when we think of Florida trucking accidents, but loads that shift or drop off in transit can cause deadly accidents just like this one.

If you or someone you love has been wrongfully killed in an accident in Florida, contact Cohn, Smith & Cohn today for a free consultation about your case and your rights.

A diesel delivery truck stopped traffic on Interstate 95 recently when it jackknifed and spilled diesel on the road. As the Sun-Sentinel reported, the westbound exit onto Oakland Park Boulevard was closed for a morning while crews cleaned up the spilled diesel. Luckily, no injuries were reported.

Most of us don’t think of cargo spills when we think of accidents with large trucks (also known as tractor-trailers, Mack trucks or 18-wheelers). However, according to a study by the Federal Motor Carrier Safety Administration, the agency responsible for regulating the trucking industry, cargo spills are a full 11% of U.S. trucking accidents. Another FMCSA study found that trucks carrying hazardous materials are far more likely than other trucks to roll over or catch fire.

Unlike a crash that pits a truck against another vehicle, cargo spills don’t just harm one vehicle -- they could endanger all the vehicles that are nearby when the spill happens. And in the case of a volatile and toxic cargo like diesel fuel, they can also endanger the wider community by poisoning the air, water and soil, or causing a fast-burning fuel fire. The best result of this type of accident is a temporary evacuation and cleanup; the worst could be a toxic spill that poisons the innocent people unlucky enough to live nearby.

We were lucky this time to avoid a fire or another serious consequence of this diesel spill. But accidents with large trucks happen frequently in Florida, and unfortunately, some are the fault of trucking companies and truckers more interested in profit than safety. If you believe a trucker’s bad decision seriously injured someone you care about, you have the right to hold him or her responsible for the results with a Florida trucking accident lawsuit. Contact Cohn, Smith & Cohn for a free consultation on your case and your rights.

The Sun-Sentinel recently reported a tragic accident that killed a Hollywood man. Jose Barros died on U.S. 27 when he didn’t stop his pickup truck soon enough to accommodate the Mack truck ahead of him, which was slowing in order to pull over. Barros was also not wearing his seat belt during the rear-end accident. Our sympathies go out to his family and to the driver of the Mack truck.

As an experienced South Florida auto accident lawyer, what strikes me the most about this story is the difference in size between the two vehicles involved. A Ford F-150 like the one Barros was driving is a big truck -- but a Mack truck is far bigger. A 2008 Ford F-150 weighs about 5,500 pounds, but the weights of large commercial trucks start at 10,000 pounds and go up from there. A Mack truck’s bumper is also generally much higher than that of a passenger vehicle. Automotive safety experts call this “vehicle mismatch,” and it’s a serious problem.

In an accident, weight translates to physical force -- which means a much greater weight produces a much greater force, crushing the smaller vehicle. Meanwhile, the higher bumper of a large truck is placed too high for the smaller vehicle’s bumper to absorb the shock; instead, it’s likely to be right at the level of vehicle occupants’ heads and necks. This means vehicle mismatch poses a serious threat to people in smaller vehicles -- and almost everyone on the road is smaller than a large truck.

Truck drivers must have special commercial licenses, so they’re generally good drivers, but the exceptions can be deadly. The National Highway Traffic Safety Administration reports that in 2006, people outside of the truck were a staggering 83% of the fatalities in all fatal large truck crashes. When victims live, they often have catastrophic injuries like brain damage, severe burns and paralysis.

The article didn’t report how fast Barros was driving or why the Mack truck pulled over, so it would be inappropriate to assign blame for this accident. But when truck drivers and trucking companies kill or seriously injure people with carelessness and safety violations, they should be held legally liable for the harm they cause. A Florida trucking accident lawsuit can help victims recover the money they need to cover medical costs, funeral bills and other costs of the accident, make ends meet and more. If someone you love has been victimized, contact Cohn, Smith & Cohn today for a free consultation.