SlideShare uma empresa Scribd logo
1 de 11
Baixar para ler offline
“Only an experienced Florida trucking accident attorney can evaluate
the specific facts and circumstances surrounding your trucking
accident and provide you with concrete answers and guidance;
however, it may also be helpful for a victim to know a little
more about trucking accidents in general.”
FLORIDA TRUCKING
ACCIDENTS
– WHAT A VICTIM NEEDS
TO KNOW
AMANDA POWERS SELLERS AND JENNA C. FINKELSTEIN
If you were involved in a trucking accident the odds are favorable that you
suffered serious injuries in the collision. Though the word “accident” is
commonly used to refer to a collision, the reality is that in most cases it
was not a true accident but was the result of negligence on the part of
another party. When that is the case, a victim may be entitled to
compensation for injuries suffered in the collision. Only an experienced
Florida trucking accident attorney can evaluate the specific facts and
circumstances surrounding your trucking accident and provide you with
concrete answers and guidance; however, it may also be helpful for a
victim to know a little more about trucking accidents in general.
WHY ARE LARGE TRUCKS SO DANGEROUS?
Although any motor
vehicle accident can
cause serious injuries,
including fatal injuries,
the odds of being
seriously injured
increase dramatically
when a tractor-trailer or
other large truck is
involved. The size and
weight of the average
semi-truck makes it a veritable weapon on wheels. Compared to the
average passenger car, which weighs in at about 4,000 pounds and 14 feet
long, a fully loaded tractor-trailer can easily weigh as much as 80,000
pounds and stretch to over 50 feet in length. Basic physics dictates that the
passenger vehicle is not going to fare well in a collision between the two
vehicles.
Moreover, even a trained and experienced driver cannot maneuver a large
truck as easily as a passenger vehicle, making them even more dangerous
when circumstances call for immediate action to avoid a collision. Even
under ideal road conditions, it takes a semi-truck about the length of a
football field to come to a complete stop when traveling at highway
speeds. A tractor trailer doesn’t fare much better when required to take
quick evasive action to avoid a collision. Collectively, the size, weight, and
inability to maneuver easily make an 18 wheeler a threat to everyone with
whom the truck shares the roadway.cent imated to be anywhere from $1
million to $4.6 million, depending on the age at onset and the severityjury.
HOW OFTEN ARE TRUCKS INVOLVED IN ACCIDENTS?
The last several decades have seen a slow, but steady, decrease in the
number of motor vehicle
accidents involving
passenger vehicles.
During that same time
period, however, the
number of accidents in
which a large truck was
involved continued to
increase.According to the
National Highway
Transportation Safety
Administration, or
NHTSA, 333,000 large
trucks were involved in
collisions in 2012
resulting in 3,921 deaths
and another 104,000
injuries. Based on the
corresponding figures for the previous year (2011), that means that
trucking accident fatalities increased by four percent in non-fatal injuries
went up a shocking 18 percent.
Moreover, large trucks are disproportionately involved in accidents across
the country year after year. The same holds true for the State of Florida.
Although large trucks represent, on average, just three percent of all
registered vehicles in the United States they are involved in over ten
percent of all collisions nationwide. According to figures compiled by
NHTSA, trucks have been involved in approximately eight percent of all
collisions in the State of Florida each year for the past several years.
FEDERAL TRUCKING LAWS
During the 1970s and 1980sthe U.S. federal government enacted
numerous federal laws
relating to truck safety
in an effort to curb the
growing number of
injuries and deaths
attributed to large
truck accidents. The
Federal Motor Carrier
Safety Administration,
or FMCSA, is the
agency responsible for enacting and enforcing many of those regulations.
The FMCSA laws cover things such as pre-trip inspections, log book
requirements, drug and alcohol testing and the hours of service rules
(HOS). When a large truck is involved in a collision, it is important to find
out if the truck was in violation of any of these rules. A violation alone does
not prove negligence on the part of anyone connected to the tractor-
trailer; however it can be a good indication that negligence played a role in
the crash.
COMMON CAUSES OF TRUCKING ACCIDENTS
Fundamentally, a trucking accident is the same as any other motor vehicle
accident and, therefore, may be caused by many of the same contributing
factors. There are, however, some common reasons why large trucks end
up in a collision, including:
Impaired driving – federal, state, and company require drivers to
submit to drug and alcohol testing have decreased the use of illicit
drugs by truck drivers; however, both prescription and over the
counter drugs are still abused by drivers trying to stay behind the
wheel
Fatigued driving – despite federal HOS rules intended to keep
drivers from remaining behind the wheel beyond the point of
exhaustion, some drivers still operate their truck when fatigued – and
some companies actually encourage it in an effort to increase profit
margins.
Distracted driving – federal law also prohibits texting while driving
for truck drivers; yet, some drivers ignore that law while others are
distracted by other in-cab devices such as GPS devices or even DVD
players.
Speed and aggressive driving – speed is a contributing factor in
one out of three motor vehicle accidents nationwide. Aggressive
driving is also a common problem with some truck drivers who take
advantage of the size of their vehicle.
Equipment failure –mandatory inspections are intended to prevent
accidents attributable to equipment failure; however, drivers often
rush through their pre-trip inspection, or forego it altogether, in an
effort to make better time.
WHO IS LIABLE IN A TRUCKING ACCIDENT?
One factor that sets trucking accidents apart from accidents involving only
passenger vehicles is the likelihood of multiple defendants. When a truck is
at-fault in an accident, a number of parties could be held liable, including,
but not limited to, the following:
• Driver of the truck
• Driver’s employer
• Owner of the truck and/or trailer
• Leasing company that leased the truck/trailer
• Owner of the cargo
• Shipper or loader of the cargo
• Manufacturer of the truck and/or trailer
• Manufacturer of tires or other truck parts
COMPENSATION IN A TRUCKING ACCIDENT
If a large truck caused, or contributed to, a collision in which injuries were
sustained by occupants of the involved vehicles, the victims could be
entitled to both economic and non-economic damages. Economic damages
include out of pocket expenses such as the cost of repairing a vehicle,
medical bills, or lost earnings attributable to the accident. Non-economic
damages, often referred to as “pain and suffering”, include the intangible
injuries caused by the accident. Non-economic damages are much more
difficult to calculate because they are subjective in nature.
In rare cases, punitive damages may be awarded. Whereas economic and
non-economic damages (collectively referred to as “compensatory
damages”) are intended to compensate a victim for injuries sustained,
punitive damages are intended to punish a defendant. As such, punitive
damages are only awarded when a defendant’s conduct was particularly
reckless, malicious, offensive, or egregious.
STATUTE OF LIMITATIONS
Although the law allows the victim of a trucking accident to pursue
damages for the injuries caused by the accident, the law also limits the
amount of time within
which a victim must do
so. In legal terminology
the “statute of
limitations” is the time
within which a lawsuit
must be filed in a
particular type of action.
For a personal injury
accident, including
trucking accidents, the
statute of limitations in
Florida is four years
from the date of the accident. There is no limit to the amount of time it
takes to actually resolve a case; however, the lawsuit must be filed within
the four year statute of limitations or a victim forever waives the right to
pursue the case.
If you have been injured in a Florida trucking accident it is in your best
interest to consult an experienced Florida trucking accident attorney as
soon as possible to discuss your potential case.
Federal Motor Carrier Safety Administration, Our Mission
U.S Department of Transportation, Large Truck Fact Sheet
NHTSA, Traffic Safety Performance Measures for Florida
ABOUT THE AUTHORS
Amanda Powers Sellers
Florida criminal defense lawyer, Amanda Powers Sellers,
has aggressively defended thousands of Florida criminal
cases. With over nine years of criminal jury trial
experience, she has the necessary background to represent
cases ranging from Driving under the Influence (DUI) to
First Degree Murder.
Amanda is a seasoned litigator and an aggressive negotiator. With a wealth
of experience she has proven that her gentle, but aggressive style of criminal
defense litigation consistently achieves results for her clients.
Jenna C. Finkelstein
Florida criminal defense attorney, Jenna Finkelstein, has
over sixty (60) criminal jury trials to her credit. Her
experience defending individuals charged with crimes in
the state of Florida ranges from domestic battery to DUI
Manslaughter, Sexual Battery, First Degree Murder and all
crimes in between.
She is passionate about the law and promises personal attention to all of her
clients and their individual needs. Jenna is a seasoned trial attorney who
knows the legal system and its players. Jenna and her team at the Law Offices
of Powers Sellers & Finkelstein, PLC, are committed to fighting for you.
Powers Sellers & Finkelstein, PLC
6344 Roosevelt Blvd. Suite B
Clearwater, FL 33760
727-531-2926
http://psffirm.com

Mais conteúdo relacionado

Mais procurados

Fa qs on traffic accidents
Fa qs on traffic accidentsFa qs on traffic accidents
Fa qs on traffic accidentscrowsonlaw
 
7ebe1aea40303ae4c935ddc1001aac29 (1)
7ebe1aea40303ae4c935ddc1001aac29 (1)7ebe1aea40303ae4c935ddc1001aac29 (1)
7ebe1aea40303ae4c935ddc1001aac29 (1)Laura - Raoua Cherif
 
Auto insurance basics (abbreviated)
Auto insurance basics (abbreviated)Auto insurance basics (abbreviated)
Auto insurance basics (abbreviated)jjoste
 
Liability and Compensation for Multiple Car Accident Claims in California
Liability and Compensation for Multiple Car Accident Claims in CaliforniaLiability and Compensation for Multiple Car Accident Claims in California
Liability and Compensation for Multiple Car Accident Claims in CaliforniaAngela M. Deisley
 
Learn What to Do After a Car Accident That Is Not Your Fault
Learn What to Do After a Car Accident That Is Not Your FaultLearn What to Do After a Car Accident That Is Not Your Fault
Learn What to Do After a Car Accident That Is Not Your FaultDavid Azizi
 
Motor insurance in uae
Motor insurance in uaeMotor insurance in uae
Motor insurance in uaeAishwarya Ramz
 
Truck Driver Responsibilities in California
Truck Driver Responsibilities in CaliforniaTruck Driver Responsibilities in California
Truck Driver Responsibilities in CaliforniaMichael Waks
 
Do you need commercial auto insurance By Floyd Arthur (PPT)
Do you need commercial auto insurance By Floyd Arthur (PPT)Do you need commercial auto insurance By Floyd Arthur (PPT)
Do you need commercial auto insurance By Floyd Arthur (PPT)Floyd Arthur
 
How Badly Can Making An Auto Insurance Claim Affect Your Rates?
How Badly Can Making An Auto Insurance Claim Affect Your Rates?How Badly Can Making An Auto Insurance Claim Affect Your Rates?
How Badly Can Making An Auto Insurance Claim Affect Your Rates?Cost U Less Direct
 
Who caused the accident
Who caused the accidentWho caused the accident
Who caused the accidentcrowsonlaw
 
Is car insurance expensive in Atlanta Georgia?
Is car insurance expensive in Atlanta Georgia?Is car insurance expensive in Atlanta Georgia?
Is car insurance expensive in Atlanta Georgia?BishalSapkota12
 
Motorcycle Insurance Coverage Options
Motorcycle Insurance Coverage OptionsMotorcycle Insurance Coverage Options
Motorcycle Insurance Coverage Optionsshawncamp
 
If You Are Injured in an Illinois Motorcycle Accident, You Need to Read This ...
If You Are Injured in an Illinois Motorcycle Accident, You Need to Read This ...If You Are Injured in an Illinois Motorcycle Accident, You Need to Read This ...
If You Are Injured in an Illinois Motorcycle Accident, You Need to Read This ...Rosenfeld Injury Lawyers
 

Mais procurados (20)

Habbaspilaw
HabbaspilawHabbaspilaw
Habbaspilaw
 
Truckers insurance
Truckers insuranceTruckers insurance
Truckers insurance
 
Fa qs on traffic accidents
Fa qs on traffic accidentsFa qs on traffic accidents
Fa qs on traffic accidents
 
Virginia car insurance
Virginia car insuranceVirginia car insurance
Virginia car insurance
 
7ebe1aea40303ae4c935ddc1001aac29 (1)
7ebe1aea40303ae4c935ddc1001aac29 (1)7ebe1aea40303ae4c935ddc1001aac29 (1)
7ebe1aea40303ae4c935ddc1001aac29 (1)
 
Auto insurance basics (abbreviated)
Auto insurance basics (abbreviated)Auto insurance basics (abbreviated)
Auto insurance basics (abbreviated)
 
Liability and Compensation for Multiple Car Accident Claims in California
Liability and Compensation for Multiple Car Accident Claims in CaliforniaLiability and Compensation for Multiple Car Accident Claims in California
Liability and Compensation for Multiple Car Accident Claims in California
 
Learn What to Do After a Car Accident That Is Not Your Fault
Learn What to Do After a Car Accident That Is Not Your FaultLearn What to Do After a Car Accident That Is Not Your Fault
Learn What to Do After a Car Accident That Is Not Your Fault
 
Motor insurance in uae
Motor insurance in uaeMotor insurance in uae
Motor insurance in uae
 
Truck Driver Responsibilities in California
Truck Driver Responsibilities in CaliforniaTruck Driver Responsibilities in California
Truck Driver Responsibilities in California
 
4 Things You Should Know When Buying Auto Insurance
4 Things You Should Know When Buying Auto Insurance4 Things You Should Know When Buying Auto Insurance
4 Things You Should Know When Buying Auto Insurance
 
Do you need commercial auto insurance By Floyd Arthur (PPT)
Do you need commercial auto insurance By Floyd Arthur (PPT)Do you need commercial auto insurance By Floyd Arthur (PPT)
Do you need commercial auto insurance By Floyd Arthur (PPT)
 
How Badly Can Making An Auto Insurance Claim Affect Your Rates?
How Badly Can Making An Auto Insurance Claim Affect Your Rates?How Badly Can Making An Auto Insurance Claim Affect Your Rates?
How Badly Can Making An Auto Insurance Claim Affect Your Rates?
 
Who caused the accident
Who caused the accidentWho caused the accident
Who caused the accident
 
Auto insurance
Auto insuranceAuto insurance
Auto insurance
 
Is car insurance expensive in Atlanta Georgia?
Is car insurance expensive in Atlanta Georgia?Is car insurance expensive in Atlanta Georgia?
Is car insurance expensive in Atlanta Georgia?
 
Car Crashes & You
Car Crashes & YouCar Crashes & You
Car Crashes & You
 
Module 10 2009
Module 10 2009Module 10 2009
Module 10 2009
 
Motorcycle Insurance Coverage Options
Motorcycle Insurance Coverage OptionsMotorcycle Insurance Coverage Options
Motorcycle Insurance Coverage Options
 
If You Are Injured in an Illinois Motorcycle Accident, You Need to Read This ...
If You Are Injured in an Illinois Motorcycle Accident, You Need to Read This ...If You Are Injured in an Illinois Motorcycle Accident, You Need to Read This ...
If You Are Injured in an Illinois Motorcycle Accident, You Need to Read This ...
 

Destaque

Personal Branding 101
Personal Branding 101Personal Branding 101
Personal Branding 101Danielle Look
 
A HTML5 platform demókon keresztül
A HTML5 platform demókon keresztülA HTML5 platform demókon keresztül
A HTML5 platform demókon keresztülZoltán Dávid
 
uống thuốc gì chữa bệnh giảm ham muốn tình dục hiệu quả nhất
uống thuốc gì chữa bệnh giảm ham muốn tình dục hiệu quả nhấtuống thuốc gì chữa bệnh giảm ham muốn tình dục hiệu quả nhất
uống thuốc gì chữa bệnh giảm ham muốn tình dục hiệu quả nhấtbrandon166
 
Assignment 2 Signpost 2
Assignment 2 Signpost 2Assignment 2 Signpost 2
Assignment 2 Signpost 2Kim Major
 
Variables que afectan el aprendizaje de la L2
Variables que afectan el aprendizaje de la L2Variables que afectan el aprendizaje de la L2
Variables que afectan el aprendizaje de la L2Yuly Asencion
 
Cesare lombroso e la fisiognomica criminale
Cesare lombroso e la fisiognomica criminaleCesare lombroso e la fisiognomica criminale
Cesare lombroso e la fisiognomica criminaleDaniele Maggiolini
 
Simulacion -un_enfoque_practico_-_raul_coss_bu
Simulacion  -un_enfoque_practico_-_raul_coss_buSimulacion  -un_enfoque_practico_-_raul_coss_bu
Simulacion -un_enfoque_practico_-_raul_coss_buTita Rendon
 

Destaque (11)

THE NUMBERS
THE NUMBERSTHE NUMBERS
THE NUMBERS
 
Personal Branding 101
Personal Branding 101Personal Branding 101
Personal Branding 101
 
A HTML5 platform demókon keresztül
A HTML5 platform demókon keresztülA HTML5 platform demókon keresztül
A HTML5 platform demókon keresztül
 
reflexion
reflexionreflexion
reflexion
 
uống thuốc gì chữa bệnh giảm ham muốn tình dục hiệu quả nhất
uống thuốc gì chữa bệnh giảm ham muốn tình dục hiệu quả nhấtuống thuốc gì chữa bệnh giảm ham muốn tình dục hiệu quả nhất
uống thuốc gì chữa bệnh giảm ham muốn tình dục hiệu quả nhất
 
Assignment 2 Signpost 2
Assignment 2 Signpost 2Assignment 2 Signpost 2
Assignment 2 Signpost 2
 
Fuentespina_F_CMAA BIM
Fuentespina_F_CMAA BIMFuentespina_F_CMAA BIM
Fuentespina_F_CMAA BIM
 
Investigación/Innovación/Mascotas
Investigación/Innovación/MascotasInvestigación/Innovación/Mascotas
Investigación/Innovación/Mascotas
 
Variables que afectan el aprendizaje de la L2
Variables que afectan el aprendizaje de la L2Variables que afectan el aprendizaje de la L2
Variables que afectan el aprendizaje de la L2
 
Cesare lombroso e la fisiognomica criminale
Cesare lombroso e la fisiognomica criminaleCesare lombroso e la fisiognomica criminale
Cesare lombroso e la fisiognomica criminale
 
Simulacion -un_enfoque_practico_-_raul_coss_bu
Simulacion  -un_enfoque_practico_-_raul_coss_buSimulacion  -un_enfoque_practico_-_raul_coss_bu
Simulacion -un_enfoque_practico_-_raul_coss_bu
 

Semelhante a Florida Trucking Accidents: What A Victim Needs to Know

Why You Should Hire a Lawyer for a 18 Wheeler Accident in Texas
Why You Should Hire a Lawyer for a 18 Wheeler Accident in TexasWhy You Should Hire a Lawyer for a 18 Wheeler Accident in Texas
Why You Should Hire a Lawyer for a 18 Wheeler Accident in TexasPastrana Law Firm
 
Types Of Car Accidents
Types Of Car AccidentsTypes Of Car Accidents
Types Of Car AccidentsBrooke Curtis
 
Advantages And Disadvantages Of Car Accidents
Advantages And Disadvantages Of Car AccidentsAdvantages And Disadvantages Of Car Accidents
Advantages And Disadvantages Of Car AccidentsJill Bell
 
Truck accidents in oklahoma
Truck accidents in oklahomaTruck accidents in oklahoma
Truck accidents in oklahomaNelsonarnett
 
Why Trucking Accident Victims Deserve a Book to Protect Their Rights
Why Trucking Accident Victims Deserve a Book to Protect Their RightsWhy Trucking Accident Victims Deserve a Book to Protect Their Rights
Why Trucking Accident Victims Deserve a Book to Protect Their RightsRosenfeld Injury Lawyers
 
Accident Attorneys In Atlanta
Accident Attorneys In AtlantaAccident Attorneys In Atlanta
Accident Attorneys In Atlantaglassrobsona
 
The Problem Of Car Accidents
The Problem Of Car AccidentsThe Problem Of Car Accidents
The Problem Of Car AccidentsLaura Torres
 
Motor Vehicle Accidents
Motor Vehicle AccidentsMotor Vehicle Accidents
Motor Vehicle AccidentsErin Thompson
 
Texas truck accidents
Texas truck accidentsTexas truck accidents
Texas truck accidentsMelinda_White
 
Why you need a Truck Accident Injury Lawyer in Massachusetts.pptx
Why you need a Truck Accident Injury Lawyer in Massachusetts.pptxWhy you need a Truck Accident Injury Lawyer in Massachusetts.pptx
Why you need a Truck Accident Injury Lawyer in Massachusetts.pptxLadas Law Firm, P.C.
 
Auto Accident Attorney
Auto Accident AttorneyAuto Accident Attorney
Auto Accident AttorneyCrystal Nelson
 
Most Common Truck Accidents and How to Avoid Them
Most Common Truck Accidents and How to Avoid ThemMost Common Truck Accidents and How to Avoid Them
Most Common Truck Accidents and How to Avoid ThemBryant Surety Bonds
 
Do you have a pedestrian accident case
Do you have a pedestrian accident case Do you have a pedestrian accident case
Do you have a pedestrian accident case crowsonlaw
 
MOTORCYCLE ACCIDENT LAWYER CALIFORNIA – HELPING WITH OUT OF COURT SETTLEMENTS...
MOTORCYCLE ACCIDENT LAWYER CALIFORNIA – HELPING WITH OUT OF COURT SETTLEMENTS...MOTORCYCLE ACCIDENT LAWYER CALIFORNIA – HELPING WITH OUT OF COURT SETTLEMENTS...
MOTORCYCLE ACCIDENT LAWYER CALIFORNIA – HELPING WITH OUT OF COURT SETTLEMENTS...Ledgerlaw55
 
Ga discussion,1. The concept in the study is positioning the nat
Ga discussion,1. The concept in the study is positioning the natGa discussion,1. The concept in the study is positioning the nat
Ga discussion,1. The concept in the study is positioning the natDustiBuckner14
 

Semelhante a Florida Trucking Accidents: What A Victim Needs to Know (20)

Why You Should Hire a Lawyer for a 18 Wheeler Accident in Texas
Why You Should Hire a Lawyer for a 18 Wheeler Accident in TexasWhy You Should Hire a Lawyer for a 18 Wheeler Accident in Texas
Why You Should Hire a Lawyer for a 18 Wheeler Accident in Texas
 
Types Of Car Accidents
Types Of Car AccidentsTypes Of Car Accidents
Types Of Car Accidents
 
Advantages And Disadvantages Of Car Accidents
Advantages And Disadvantages Of Car AccidentsAdvantages And Disadvantages Of Car Accidents
Advantages And Disadvantages Of Car Accidents
 
Truck accidents in oklahoma
Truck accidents in oklahomaTruck accidents in oklahoma
Truck accidents in oklahoma
 
Why Trucking Accident Victims Deserve a Book to Protect Their Rights
Why Trucking Accident Victims Deserve a Book to Protect Their RightsWhy Trucking Accident Victims Deserve a Book to Protect Their Rights
Why Trucking Accident Victims Deserve a Book to Protect Their Rights
 
Accident Attorneys In Atlanta
Accident Attorneys In AtlantaAccident Attorneys In Atlanta
Accident Attorneys In Atlanta
 
Injury Lawyer Brampton
Injury Lawyer BramptonInjury Lawyer Brampton
Injury Lawyer Brampton
 
Motorcycle Accident Law
Motorcycle Accident LawMotorcycle Accident Law
Motorcycle Accident Law
 
The Problem Of Car Accidents
The Problem Of Car AccidentsThe Problem Of Car Accidents
The Problem Of Car Accidents
 
Motor Vehicle Accidents
Motor Vehicle AccidentsMotor Vehicle Accidents
Motor Vehicle Accidents
 
Texas truck accidents
Texas truck accidentsTexas truck accidents
Texas truck accidents
 
Why you need a Truck Accident Injury Lawyer in Massachusetts.pptx
Why you need a Truck Accident Injury Lawyer in Massachusetts.pptxWhy you need a Truck Accident Injury Lawyer in Massachusetts.pptx
Why you need a Truck Accident Injury Lawyer in Massachusetts.pptx
 
The Importance Of Road Safety
The Importance Of Road SafetyThe Importance Of Road Safety
The Importance Of Road Safety
 
Auto Accident Attorney
Auto Accident AttorneyAuto Accident Attorney
Auto Accident Attorney
 
Most Common Truck Accidents and How to Avoid Them
Most Common Truck Accidents and How to Avoid ThemMost Common Truck Accidents and How to Avoid Them
Most Common Truck Accidents and How to Avoid Them
 
Motorcycle Accidents in Texas
Motorcycle Accidents in TexasMotorcycle Accidents in Texas
Motorcycle Accidents in Texas
 
Do you have a pedestrian accident case
Do you have a pedestrian accident case Do you have a pedestrian accident case
Do you have a pedestrian accident case
 
MOTORCYCLE ACCIDENT LAWYER CALIFORNIA – HELPING WITH OUT OF COURT SETTLEMENTS...
MOTORCYCLE ACCIDENT LAWYER CALIFORNIA – HELPING WITH OUT OF COURT SETTLEMENTS...MOTORCYCLE ACCIDENT LAWYER CALIFORNIA – HELPING WITH OUT OF COURT SETTLEMENTS...
MOTORCYCLE ACCIDENT LAWYER CALIFORNIA – HELPING WITH OUT OF COURT SETTLEMENTS...
 
Ga discussion,1. The concept in the study is positioning the nat
Ga discussion,1. The concept in the study is positioning the natGa discussion,1. The concept in the study is positioning the nat
Ga discussion,1. The concept in the study is positioning the nat
 
Essay On Traffic Safety
Essay On Traffic SafetyEssay On Traffic Safety
Essay On Traffic Safety
 

Mais de Amanda Powers Sellers

Mais de Amanda Powers Sellers (14)

Wrongful Death Damages in Florida
Wrongful Death Damages in FloridaWrongful Death Damages in Florida
Wrongful Death Damages in Florida
 
Wrongful Death Damages in Florida
Wrongful Death Damages in FloridaWrongful Death Damages in Florida
Wrongful Death Damages in Florida
 
Florida auto accidents
Florida auto accidentsFlorida auto accidents
Florida auto accidents
 
The jury trial process in florida
The jury trial process in floridaThe jury trial process in florida
The jury trial process in florida
 
Constructive Possession: In Criminal Prosecutions
Constructive Possession: In Criminal ProsecutionsConstructive Possession: In Criminal Prosecutions
Constructive Possession: In Criminal Prosecutions
 
Stalking, harassment and abuse
Stalking, harassment and abuseStalking, harassment and abuse
Stalking, harassment and abuse
 
Domestic Violence in Florida
Domestic Violence in FloridaDomestic Violence in Florida
Domestic Violence in Florida
 
Florida DUI Stop : What To Expect
Florida DUI Stop : What To ExpectFlorida DUI Stop : What To Expect
Florida DUI Stop : What To Expect
 
Stalking, Harrassment and Abuse: What Your Legal Options Are in Florida
Stalking, Harrassment and Abuse: What Your Legal Options Are in FloridaStalking, Harrassment and Abuse: What Your Legal Options Are in Florida
Stalking, Harrassment and Abuse: What Your Legal Options Are in Florida
 
Sex Offenses in Florida
Sex Offenses in FloridaSex Offenses in Florida
Sex Offenses in Florida
 
Your Criminal Record in Florida
Your Criminal Record in FloridaYour Criminal Record in Florida
Your Criminal Record in Florida
 
Florida Criminal Offenses
Florida Criminal OffensesFlorida Criminal Offenses
Florida Criminal Offenses
 
Florida Driving Under the Influence Laws
Florida Driving Under the Influence LawsFlorida Driving Under the Influence Laws
Florida Driving Under the Influence Laws
 
Florida Domestic Violence Laws
Florida Domestic Violence LawsFlorida Domestic Violence Laws
Florida Domestic Violence Laws
 

Último

Women and the World of Climate Change- A Conceptual Foundation by Shraddha Pa...
Women and the World of Climate Change- A Conceptual Foundation by Shraddha Pa...Women and the World of Climate Change- A Conceptual Foundation by Shraddha Pa...
Women and the World of Climate Change- A Conceptual Foundation by Shraddha Pa...SHRADDHA PANDIT
 
Classification of Contracts in Business Regulations
Classification of Contracts in Business RegulationsClassification of Contracts in Business Regulations
Classification of Contracts in Business RegulationsSyedaAyeshaTabassum1
 
Patents and AI: Current Tools, Future Solutions
Patents and AI: Current Tools, Future SolutionsPatents and AI: Current Tools, Future Solutions
Patents and AI: Current Tools, Future SolutionsAurora Consulting
 
Islamabad High Court Judges wrote a letter to Supreme Judicial Council.pdf
Islamabad High Court Judges wrote a letter to Supreme Judicial Council.pdfIslamabad High Court Judges wrote a letter to Supreme Judicial Council.pdf
Islamabad High Court Judges wrote a letter to Supreme Judicial Council.pdfNo One
 
Corporate Sustainability Due Diligence Directive (CSDDD or the EU Supply Chai...
Corporate Sustainability Due Diligence Directive (CSDDD or the EU Supply Chai...Corporate Sustainability Due Diligence Directive (CSDDD or the EU Supply Chai...
Corporate Sustainability Due Diligence Directive (CSDDD or the EU Supply Chai...Dr. Oliver Massmann
 
The Ultimate Guide to Drafting Your Separation Agreement with a Template
The Ultimate Guide to Drafting Your Separation Agreement with a TemplateThe Ultimate Guide to Drafting Your Separation Agreement with a Template
The Ultimate Guide to Drafting Your Separation Agreement with a TemplateBTL Law P.C.
 
xLran: Open source AI for legal hackers.
xLran: Open source AI for legal hackers.xLran: Open source AI for legal hackers.
xLran: Open source AI for legal hackers.mike689707
 
An introduction to Indian Contract Act, 1872 by Shraddha Pandit
An introduction to Indian Contract Act, 1872 by Shraddha PanditAn introduction to Indian Contract Act, 1872 by Shraddha Pandit
An introduction to Indian Contract Act, 1872 by Shraddha PanditSHRADDHA PANDIT
 
ArtificiaI Intelligence based Cyber Forensic Tools: Relevancy and Admissibili...
ArtificiaI Intelligence based Cyber Forensic Tools: Relevancy and Admissibili...ArtificiaI Intelligence based Cyber Forensic Tools: Relevancy and Admissibili...
ArtificiaI Intelligence based Cyber Forensic Tools: Relevancy and Admissibili...Anadi Tewari
 

Último (10)

Women and the World of Climate Change- A Conceptual Foundation by Shraddha Pa...
Women and the World of Climate Change- A Conceptual Foundation by Shraddha Pa...Women and the World of Climate Change- A Conceptual Foundation by Shraddha Pa...
Women and the World of Climate Change- A Conceptual Foundation by Shraddha Pa...
 
Classification of Contracts in Business Regulations
Classification of Contracts in Business RegulationsClassification of Contracts in Business Regulations
Classification of Contracts in Business Regulations
 
Patents and AI: Current Tools, Future Solutions
Patents and AI: Current Tools, Future SolutionsPatents and AI: Current Tools, Future Solutions
Patents and AI: Current Tools, Future Solutions
 
Islamabad High Court Judges wrote a letter to Supreme Judicial Council.pdf
Islamabad High Court Judges wrote a letter to Supreme Judicial Council.pdfIslamabad High Court Judges wrote a letter to Supreme Judicial Council.pdf
Islamabad High Court Judges wrote a letter to Supreme Judicial Council.pdf
 
Criminalizing Disabilities & False Confessions
Criminalizing Disabilities & False ConfessionsCriminalizing Disabilities & False Confessions
Criminalizing Disabilities & False Confessions
 
Corporate Sustainability Due Diligence Directive (CSDDD or the EU Supply Chai...
Corporate Sustainability Due Diligence Directive (CSDDD or the EU Supply Chai...Corporate Sustainability Due Diligence Directive (CSDDD or the EU Supply Chai...
Corporate Sustainability Due Diligence Directive (CSDDD or the EU Supply Chai...
 
The Ultimate Guide to Drafting Your Separation Agreement with a Template
The Ultimate Guide to Drafting Your Separation Agreement with a TemplateThe Ultimate Guide to Drafting Your Separation Agreement with a Template
The Ultimate Guide to Drafting Your Separation Agreement with a Template
 
xLran: Open source AI for legal hackers.
xLran: Open source AI for legal hackers.xLran: Open source AI for legal hackers.
xLran: Open source AI for legal hackers.
 
An introduction to Indian Contract Act, 1872 by Shraddha Pandit
An introduction to Indian Contract Act, 1872 by Shraddha PanditAn introduction to Indian Contract Act, 1872 by Shraddha Pandit
An introduction to Indian Contract Act, 1872 by Shraddha Pandit
 
ArtificiaI Intelligence based Cyber Forensic Tools: Relevancy and Admissibili...
ArtificiaI Intelligence based Cyber Forensic Tools: Relevancy and Admissibili...ArtificiaI Intelligence based Cyber Forensic Tools: Relevancy and Admissibili...
ArtificiaI Intelligence based Cyber Forensic Tools: Relevancy and Admissibili...
 

Florida Trucking Accidents: What A Victim Needs to Know

  • 1. “Only an experienced Florida trucking accident attorney can evaluate the specific facts and circumstances surrounding your trucking accident and provide you with concrete answers and guidance; however, it may also be helpful for a victim to know a little more about trucking accidents in general.” FLORIDA TRUCKING ACCIDENTS – WHAT A VICTIM NEEDS TO KNOW AMANDA POWERS SELLERS AND JENNA C. FINKELSTEIN
  • 2. If you were involved in a trucking accident the odds are favorable that you suffered serious injuries in the collision. Though the word “accident” is commonly used to refer to a collision, the reality is that in most cases it was not a true accident but was the result of negligence on the part of another party. When that is the case, a victim may be entitled to compensation for injuries suffered in the collision. Only an experienced Florida trucking accident attorney can evaluate the specific facts and circumstances surrounding your trucking accident and provide you with concrete answers and guidance; however, it may also be helpful for a victim to know a little more about trucking accidents in general.
  • 3. WHY ARE LARGE TRUCKS SO DANGEROUS? Although any motor vehicle accident can cause serious injuries, including fatal injuries, the odds of being seriously injured increase dramatically when a tractor-trailer or other large truck is involved. The size and weight of the average semi-truck makes it a veritable weapon on wheels. Compared to the average passenger car, which weighs in at about 4,000 pounds and 14 feet long, a fully loaded tractor-trailer can easily weigh as much as 80,000 pounds and stretch to over 50 feet in length. Basic physics dictates that the passenger vehicle is not going to fare well in a collision between the two vehicles. Moreover, even a trained and experienced driver cannot maneuver a large truck as easily as a passenger vehicle, making them even more dangerous when circumstances call for immediate action to avoid a collision. Even under ideal road conditions, it takes a semi-truck about the length of a football field to come to a complete stop when traveling at highway speeds. A tractor trailer doesn’t fare much better when required to take quick evasive action to avoid a collision. Collectively, the size, weight, and
  • 4. inability to maneuver easily make an 18 wheeler a threat to everyone with whom the truck shares the roadway.cent imated to be anywhere from $1 million to $4.6 million, depending on the age at onset and the severityjury. HOW OFTEN ARE TRUCKS INVOLVED IN ACCIDENTS? The last several decades have seen a slow, but steady, decrease in the number of motor vehicle accidents involving passenger vehicles. During that same time period, however, the number of accidents in which a large truck was involved continued to increase.According to the National Highway Transportation Safety Administration, or NHTSA, 333,000 large trucks were involved in collisions in 2012 resulting in 3,921 deaths and another 104,000 injuries. Based on the
  • 5. corresponding figures for the previous year (2011), that means that trucking accident fatalities increased by four percent in non-fatal injuries went up a shocking 18 percent. Moreover, large trucks are disproportionately involved in accidents across the country year after year. The same holds true for the State of Florida. Although large trucks represent, on average, just three percent of all registered vehicles in the United States they are involved in over ten percent of all collisions nationwide. According to figures compiled by NHTSA, trucks have been involved in approximately eight percent of all collisions in the State of Florida each year for the past several years. FEDERAL TRUCKING LAWS During the 1970s and 1980sthe U.S. federal government enacted numerous federal laws relating to truck safety in an effort to curb the growing number of injuries and deaths attributed to large truck accidents. The Federal Motor Carrier Safety Administration, or FMCSA, is the agency responsible for enacting and enforcing many of those regulations.
  • 6. The FMCSA laws cover things such as pre-trip inspections, log book requirements, drug and alcohol testing and the hours of service rules (HOS). When a large truck is involved in a collision, it is important to find out if the truck was in violation of any of these rules. A violation alone does not prove negligence on the part of anyone connected to the tractor- trailer; however it can be a good indication that negligence played a role in the crash. COMMON CAUSES OF TRUCKING ACCIDENTS Fundamentally, a trucking accident is the same as any other motor vehicle accident and, therefore, may be caused by many of the same contributing factors. There are, however, some common reasons why large trucks end up in a collision, including:
  • 7. Impaired driving – federal, state, and company require drivers to submit to drug and alcohol testing have decreased the use of illicit drugs by truck drivers; however, both prescription and over the counter drugs are still abused by drivers trying to stay behind the wheel Fatigued driving – despite federal HOS rules intended to keep drivers from remaining behind the wheel beyond the point of exhaustion, some drivers still operate their truck when fatigued – and some companies actually encourage it in an effort to increase profit margins. Distracted driving – federal law also prohibits texting while driving for truck drivers; yet, some drivers ignore that law while others are distracted by other in-cab devices such as GPS devices or even DVD players. Speed and aggressive driving – speed is a contributing factor in one out of three motor vehicle accidents nationwide. Aggressive driving is also a common problem with some truck drivers who take advantage of the size of their vehicle. Equipment failure –mandatory inspections are intended to prevent accidents attributable to equipment failure; however, drivers often rush through their pre-trip inspection, or forego it altogether, in an effort to make better time.
  • 8. WHO IS LIABLE IN A TRUCKING ACCIDENT? One factor that sets trucking accidents apart from accidents involving only passenger vehicles is the likelihood of multiple defendants. When a truck is at-fault in an accident, a number of parties could be held liable, including, but not limited to, the following: • Driver of the truck • Driver’s employer • Owner of the truck and/or trailer • Leasing company that leased the truck/trailer • Owner of the cargo • Shipper or loader of the cargo • Manufacturer of the truck and/or trailer • Manufacturer of tires or other truck parts COMPENSATION IN A TRUCKING ACCIDENT If a large truck caused, or contributed to, a collision in which injuries were sustained by occupants of the involved vehicles, the victims could be entitled to both economic and non-economic damages. Economic damages include out of pocket expenses such as the cost of repairing a vehicle, medical bills, or lost earnings attributable to the accident. Non-economic damages, often referred to as “pain and suffering”, include the intangible injuries caused by the accident. Non-economic damages are much more difficult to calculate because they are subjective in nature. In rare cases, punitive damages may be awarded. Whereas economic and non-economic damages (collectively referred to as “compensatory damages”) are intended to compensate a victim for injuries sustained, punitive damages are intended to punish a defendant. As such, punitive
  • 9. damages are only awarded when a defendant’s conduct was particularly reckless, malicious, offensive, or egregious. STATUTE OF LIMITATIONS Although the law allows the victim of a trucking accident to pursue damages for the injuries caused by the accident, the law also limits the amount of time within which a victim must do so. In legal terminology the “statute of limitations” is the time within which a lawsuit must be filed in a particular type of action. For a personal injury accident, including trucking accidents, the statute of limitations in Florida is four years from the date of the accident. There is no limit to the amount of time it takes to actually resolve a case; however, the lawsuit must be filed within the four year statute of limitations or a victim forever waives the right to pursue the case.
  • 10. If you have been injured in a Florida trucking accident it is in your best interest to consult an experienced Florida trucking accident attorney as soon as possible to discuss your potential case. Federal Motor Carrier Safety Administration, Our Mission U.S Department of Transportation, Large Truck Fact Sheet NHTSA, Traffic Safety Performance Measures for Florida
  • 11. ABOUT THE AUTHORS Amanda Powers Sellers Florida criminal defense lawyer, Amanda Powers Sellers, has aggressively defended thousands of Florida criminal cases. With over nine years of criminal jury trial experience, she has the necessary background to represent cases ranging from Driving under the Influence (DUI) to First Degree Murder. Amanda is a seasoned litigator and an aggressive negotiator. With a wealth of experience she has proven that her gentle, but aggressive style of criminal defense litigation consistently achieves results for her clients. Jenna C. Finkelstein Florida criminal defense attorney, Jenna Finkelstein, has over sixty (60) criminal jury trials to her credit. Her experience defending individuals charged with crimes in the state of Florida ranges from domestic battery to DUI Manslaughter, Sexual Battery, First Degree Murder and all crimes in between. She is passionate about the law and promises personal attention to all of her clients and their individual needs. Jenna is a seasoned trial attorney who knows the legal system and its players. Jenna and her team at the Law Offices of Powers Sellers & Finkelstein, PLC, are committed to fighting for you. Powers Sellers & Finkelstein, PLC 6344 Roosevelt Blvd. Suite B Clearwater, FL 33760 727-531-2926 http://psffirm.com