Truck Accidents

Trucking and Tractor Trailer Accident Lawyers

West Palm Beach and Palm Beach County Truck Accident Lawyer

West Palm Beach and Palm Beach County Truck Accident Lawyer

Vehicular accidents are inherently traumatic. That trauma can reach new heights when trucks—especially large ones—are involved. These vehicles are bigger, longer, heavier, and more difficult to steer and slow than ordinary ones. While an average passenger automobile weighs approximately 3,000 pounds, a fully-loaded large commercial truck can weigh 80,000 pounds, or even more.

The Federal Motor Safety Carrier Safety administration (“FMCSA”) reports that in the United States in 2015, there were 480,000 accidents involving large commercial vehicles. Ninety-seven thousand (97,000) of those accidents caused serious personal injuries, and 3,838 deaths.

If you are in an accident involving a commercial truck, such as an eighteen-wheeler or other large freight carrier, the results can be catastrophic, and often fatal. An accident involving a large truck will often result in medical bills, future medical treatment costs, lost income from missed work, pain and suffering, and in the worst cases, death. If you or a family member is a truck accident victim struggling with injuries, medical bills, and other losses, call the Law Offices of Andrea McMillan at (561) 612-5700, to discuss your legal rights and options.

Florida Insurance Requirements for Commercial Trucks

Minimum Liability Coverage

Under Florida law, all motorists are required to carry liability insurance with a minimum limit of $10,000. However, the commercial trucking industry is governed by a different set of insurance requirements. The minimum amount of liability coverage required depends upon the type of cargo the trucks are hauling. Below are examples of required liability coverage, based upon the goods being hauled:

• Household goods– $300,000
• General freight– $750,000
• Oil transport– $1,000,000
• Hazardous materials– $5,000,000

Truck drivers who travel out-of-state must meet all FMCSA federal liability limits, which are usually between $750,000 and $1,000,000.

In Florida, truck drivers must have insurance that covers the following:

Personal Injury Protection (“PIP”)

Personal injury protection covers the driver, regardless of fault, up to the policy limits. This type of insurance helps pay for injury-related costs for anyone involved in the truck accident. This could include medical bills, loss of income due to a disability, and household services.

Property Damage Liability

Property damage liability covers damages the truck driver causes to your vehicle. This could include repairing or replacing your vehicle altogether.

Bodily Injury Liability

Bodily injury liability coverage pays for serious and permanent injuries or death to others that the truck driver causes. The insurance company pays for injuries up to the limits of the policy. Additionally, this coverage provides legal representation for the truck driver or company, if sued.

Other Types of Coverage Available

Trucking companies can carry more insurance than just the minimum amounts. Some other types of coverage include:

• Medical payments – This type of insurance pays for medical expenses due to injuries that are caused under the commercial truck insurance policy. Many carriers offer up to $10,000 for medical payments;
• Collision coverage – This coverage pays for damages to the truck, if it is damaged in a collision;
• Towing and labor – This type of insurance pays for towing or service costs for a truck;
• Comprehensive coverage – This type of insurance pays for damages caused by theft, vandalism, or damages caused by hitting an animal. It may also cover damage to glass.
• Hired truck insurance – This type of insurance provides liability protection when a person is driving a truck that he/she does not own, and is not registered to that person;
• Non-owned truck – This insurance provides liability protection to  a trucker who has to occasionally use his/her own personally-owned truck for business purposes;
• Uninsured motorist – This coverage pays for medical expenses, lost wages, death benefits, and other damages caused by a motorist who did not have insurance, or has insufficient insurance to cover these damages.

Filing a Florida Truck Insurance Claim

Filing a Florida truck insurance claim is similar to filing a typical insurance claim. The Law Offices of Andrea McMillan can handle this process for you. The claim begins by sharing information about the accident. After we file the claim, the insurance company will assign a claims adjuster to handle your claim.

Liability will be determined, and a percentage of fault will be assigned between the parties.  The Law Offices of Andrea McMillan will work with you to establish your claim, and will submit medical records and other information to the insurance company. In most situations, the case will settle within policy limits.

Laws That Uniquely Apply To The Commercial Truck Driving Industry

There are many laws that specially apply to the trucking industry. Such laws include:

• Federal Motor Carrier Safety Administration (“FMCSA”) laws; and
• State of Florida laws. These laws may be at issue in a truck accident insurance claim or lawsuit;
• Local laws

The Florida Highway Patrol Office of Commercial Vehicle Enforcement (“OCVE”) enforces all Florida trucking operations.  Many regulations do have exceptions that could apply to a certain vehicle. Some vehicles may obtain special permits that exempt the truck from certain legal requirements or limitations.

The following are examples of laws and regulations that uniquely apply to commercial trucks in Florida:

• Hours of Service – These regulations limit the hours a driver can work, to prevent fatigued driving.
• DUI Laws – The law sets out a lower threshold for blood alcohol content (“BAC”) for truck drivers (0.04 percent) than for other drivers (0.08 percent).
• Record Requirements – Truck drivers and companies are required to keep records of drive times, inspections, and other important compliance matters.
• Drug and Alcohol Testing – Trucking companies must perform randomized alcohol and drug testing on employed commercial drivers.
• Commercial Driver License (“CDL”) requirements – There are strict requirements for an individual to receive or renew a commercial driver’s license, including driving skills tests and medical examinations.
• Local or State Traffic Laws – In addition to Federal Motor Carrier safety Administration (“FMCSA”) regulations, commercial drivers must also comply with all local and state traffic codes.

Violations of such federal, state, and local laws can constitute evidence of negligence in your truck accident case.

Types of Truck Accidents

Trucks can crash into other vehicles in many different ways. The severity of the damage and injuries often depends on the type of crash that occurred. Types of common truck accidents include:

• Jackknife – The tractor and trailer of an 18-wheeler are attached by a device called a coupling. When the coupling fails or when the trailer gets thrown off balance, the trailer can swing out perpendicularly to the tractor, much like a folding jackknife. A jackknifing trailer can collide with any cars in the adjacent lane, causing widespread damage and injuries.
• Runaway truck – When a driver loses his/her ability to slow down or stop a truck, the weight of the truck can cause it to barrel down the highway—especially if the truck was already moving fast—and hit anything in its path. This commonly happens when a truck is driving downhill, but it can also happen on even ground.

• Rollover– One of the most terrifying types of truck accidents to be involved in is a rollover crash. Rollover crashes are a function of forces that are more likely to affect larger vehicles driving at high speeds on curved surfaces. Rollover crashes occur most frequently when a truck driver fails to adjust the truck’s speed to any one of a number of factors, including curves in the road, the load being carried, the condition of the truck’s brakes, road surface, and intersection conditions. Centrifugal force, specifically, can cause a large track to lean away from the direction of a road curve as the truck travels on a curved lane. Semi-trailers have high centers of gravity, so it is all too easy for them to tip over when drivers go too fast around turns or curves. Trucks can also roll over when a driver is: driving too fast in high winds, makes an over-correcting error; or makes another sudden driving maneuver. Besides speed adjustment mistakes, inattentive driving and steering errors are other causes of rollover crashes. Trucks that roll over may not only crash into other vehicles, but may also cause blockades in the road that lead to chain-reaction crashes.

• Override – Under regular circumstances, a rear-end crash is considered a minor fender-bender. However, this is not the case with large commercial trucks. When a truck rear-ends a smaller vehicle, the truck may actually drive onto the back of the car. Sometimes, the truck can even drive over the back seat, which is usually deadly for any backseat passenger.
• Underride – An  underride can occur when a small car crashes into the back of a truck, because the truck suddenly stopped or improperly changed lanes. In such cases, the fronts of smaller vehicles can become wedged underneath trucks, often killing motorists in the front seats. Although trucks may have guards to prevent underride crashes such crashes, may still occur.
• Cargo spills – Some truck accidents do not involve direct collisions with other vehicles. Instead, cargo falls out of trailers or off of flatbed trucks, either onto other cars or into the road, where cars can crash into them.

Common Causes of Truck Crashes

Determining what caused your crash and proving who was negligent generally requires investigating the crash and gathering evidence and documentation. Driver error causes the vast majority of truck accidents. Some crashes take place because parties other than the driver acted in careless ways. You can hold those parties liable for your injuries and losses if you can prove that their negligence led to the truck accident.

If you or a loved one was injured in a truck accident and believe the truck driver is at fault, do not hesitate to contact truck accident attorney, Andrea McMillan, with the Law Offices of Andrea McMillan at (561) 612-5700. We will give you a free, no obligation consultation to discuss your claim. We will determine which individuals or companies may be held liable for the injuries and other losses caused by the truck accident, and will advise you of your legal options.

Sleep Deprivation is a Major Cause of Large Truck Crashes

Sleep deprivation is one of the leading causes of commercial vehicle collisions. The National Highway Transportation Safety Administration (‘NHTSA”) reports that driver fatigue is responsible for 30% to 40% of all large truck crashes, and is the probable cause in over 30% of crashes that resulted in the truck driver’s death. In a recent survey, almost 20% of truckers admitted to falling asleep at the wheel at least once in the previous three-month period. That statistic prompted the Federal Motor Carrier Safety Administration (‘FMCSA”) to limit truck drivers’ on-duty hours and enhance vehicle safety rules.

The “Hours of Service” Rule

The Federal Motor Carrier Safety Administration (“FMCSA”) created the “hours of service” rule. The rule, which is actually several regulations, limits the amount of time a truck driver may operate a semi-truck during a single shift. The rule breaks down, as follows:

• Hours driving in one week – Truck drivers are limited to working 60 hours in a consecutive seven-day period or 70 hours in an eight-day period;
• Hours driving in one day – Drivers who are transporting property may only drive 11 hours, after having 10 consecutive hours off duty. Drivers who are transporting passengers are limited to driving 10 hours, after having eight consecutive hours off duty;
• Required breaks – Commercial truck drivers are required to take a break for at least 30 minutes, after driving for eight consecutive hours.

Why is the “Hours of Service Rule” Important?

The hours of service rule was created by the FMCSA to reduce the risk of truck accidents caused by driver fatigue. This often occurs when truck drivers are pressured to meet tight or unrealistic deadlines, resulting in drivers spending an unsafe amount of time operating a commercial vehicle.

To a trucker, miles are money, and miles take time. In their minds, they are not paid to sleep or rest, and the faster and farther they drive, the more profit they take home. Consequently, truck drivers routinely disobey these federal regulations, sometimes causing disastrous accidents. Truck lobby groups have repeatedly tried to battle these regulations to boost their profits, while safety advocates are calling for more enforcement and stricter regulations to save lives.

What Happens When the “Hours of Service” Rule Is Violated?

If the hours of service rule is violated, there can be many serious consequences for the truck driver and the trucking company, such as these violations:

• The driver is not allowed to operate a commercial vehicle until he or she has accumulated enough break time to be in compliance with the rules;
• Trucking companies that allow, encourage, or enforce drivers to violate the hours of service rule may face serious federal penalties;
• Truck drivers and trucking companies that violate the hours of service rule may be fined between $1,200 and $14,700 per violation, depending on the severity of the offense;
• The trucking company’s safety rating can be reduced if there is a pattern of hours of service rule violations

Who Can Be Held Liable for an “Hours of Service Rule” Violation?

Several parties may be held liable for an hours of service rule violation, including the truck’s driver and the trucking company that employs the driver.

To determine the cause of your truck accident, we will conduct an in-depth investigation by reviewing the driver’s behavior and the direction of the semi-truck during the time of the crash. Additionally, truck drivers are required to record the number of hours they spend driving and on break, in a detailed log book. We will obtain a copy of the driver’s log to find out if he or she followed procedure by keeping record of his or her driving hours.

Trucking companies may also be held liable for a truck accident if we can  prove that the company forced the driver to violate the hours of service rule. This often occurs when trucking companies impose unrealistic deadlines that drivers are forced to meet.

However, many trucking companies attempt to avoid liability after an accident by claiming the driver is an independent contractor and not an employee. In this case, we can review the terms of the driver’s employment, as well as the trucking company’s delivery schedule and policies. to determine if it may be held liable for violating the “hours of service” rule.

If you were injured by a negligent truck driver, the cause may have been lack of sleep. We will look through the records of the trucker’s driving logs to find out if sleep deprivation was the cause of the crash. Regardless of any federal rules that the driver violated or did not violate, we will work to prove that the driver handled their vehicle in a careless, unsafe fashion that resulted in the crash and injuries to you and/or your family.

Other Causes of Large Truck Crashes

So, a fatigued, sleepy, or tired driver driving too long, and too many hours without rest is one leading cause of truck accidents.  Other

causes of truck accidents involving driver error include:

• Distracted driving;
• Driving under the influence of drugs or alcohol;
• Speeding;
• Tailgating;
• Driving in conditions of poor visibility due to smoke, fog, snow or rain;
• Speeding or driving at speeds beyond the road and/or weather conditions;
• Running off the road;
• Failure to yield the right of way;
• Aggressive driving behavior;
• Truck drivers under the influence of drugs and alcohol while driving;
• Driving the truck in bad weather conditions;
• Dangerous or reckless truck driver with a long record of wrecks and accidents;
• Other aggressive driving behaviors;
• Other violations of traffic laws;
• Driving with serious health problems

The trucking company’s behavior itself (corporate misbehavior) may also cause a truck accident. Examples include:

• Violations of FMCSA regulations;
• Improper securing or loading cargo;
• Inadequate inspection or maintenance of trucks;
• Hiring unqualified or dangerous drivers;
• Inadequate management and supervision of truck drivers;
• Failing to perform regular checks to verify that a driver is in good physical health to drive the truck;
• Failing to periodically verify that the driver maintains a safe driving history;
• Lack of training on the part of the truck driver;
• Overloaded trucks;
• Oversized trucks;
• Poorly maintained brakes on the trucks;
• Unsafe safety systems, reflectors, lights and other warning devices;
• Failure of the truck to have installed an underride protection underguard;
• Failure to comply with FMCSA Regulations regarding truck inspection

Call Us Now. We Will Determine What Caused Your Truck Accident

Waiting for a long period of time to engage a lawyer can really hurt your trucking accident case. The accident needs to be investigated while the evidence is fresh. It is not unheard of for evidence to “disappear” once the trucking company gets involved. Call truck accident attorney, Andrea McMillan, with the Law Offices of Andrea McMillan today at (561) 612-5700, so we can get started investigating your truck accident. We will determine what and who is to blame for your accident, and hold those parties accountable.

^{Who is Liable for Your Truck Accident?}

In order to recover for your many losses, we must identify which parties may be held liable for causing the 18-wheeler collision. While many truck drivers are to blame for crashes, there are other parties that may be held liable, as well.

• Truck Driver – A truck driver can be responsible if the accident happened because of a driver error, including distracted driving, drunk driving, or other driving violations.
• Trucking Company – In many cases, a trucking company may be held liable for the actions of its employees – namely, the truck driver. In addition, trucking companies can also have negligent hiring, retention, and management practices that can contribute to a crash.
• Cargo Loaders – Some companies contract with independent cargo loading crews, which can be held liable for cargo loading mistakes.
• Mechanics – A mechanic hired by a trucking company can make crucial errors in inspections, diagnostics, repairs, or maintenance of the truck that can lead to a malfunction on the road, and cause a driver to lose control and crash.
• Truck manufacturer – Companies that produce and sell truck parts can design or assemble defective parts, and a malfunction can cause a driver to crash.

In many situations, more than one party can be held liable for the losses of a truck accident victim. It is critical to have a lawyer handling your case with the resources and knowledge necessary to identify all possible sources of liability and recovery. Trucking accident lawyer, Andrea McMillan, with the Law Offices of Andrea McMillan will do that for you. Call us at (561) 612-5700.

Truck Collisions can Cause Devastating Injuries and Losses

Losses Commonly Caused by Truck Accidents

Because the sheer impact of a collision, many truck accident victims are diagnosed with serious and long-lasting injuries. Such injuries can include:

• Spinal cord injury;
• Traumatic brain injury;
• Crushed limbs;
• Amputations;
• Internal organ damage;
• Internal hemorrhaging;
• Neck and back injuries;
• Burns

All of the above injuries require medical attention, and some will require extensive treatment that may go on for months or even for the rest of a victim’s life. For example, a traumatic brain injury can leave a victim in a coma, requiring long-term hospitalization, and may cause permanent impairments when a victim does finally become conscious. The costs of hospitalization, rehabilitation, medical equipment, and more can be overwhelming and victims deserve to recover for all costs of their medical care from the responsible party.

In addition, individuals with serious injuries will likely be unable to earn a living for an extended period of time. In some cases, a disabling injury may prevent an accident victim from ever returning to work and can change the entire course of their lives. The law allows you to seek recovery for your past and future lost earnings as part of your truck accident case.

Some important losses incurred by truck crash victims are not financial. A severe injury can impact much more than your wallet and many losses are intangible. These can include:

• Physical pain and suffering;
• Emotional or mental trauma and distress;
• Loss of enjoyment of life

It often takes particular resources to calculate and prove the value of these intangible losses. Palm Beach County truck accident lawyer, Andrea McMillan, with the Law Offices of Andrea McMillan, will always ensure you receive the full amount you deserve for your intangible losses, as well as financial losses.

Truck accident victims often incur overwhelming losses due to the severity of their injuries. Once a negligent party or parties are identified, we then assist clients in assessing the full value of their losses to ensure they seek the maximum amount of compensation possible. We regularly recover compensation for the following and more:

• Medical expenses;
• Estimated future medical costs;
• Lost wages;
• Future lost earnings ability;
• Pain and suffering;
• Permanent disability or disfigurement;
• Wrongful Death

These losses can be extensive, so there is usually a lot at stake in truck accident claims—and you want experienced, responsive representation throughout the legal process.

Andrea McMillan, with the Law Offices of Andrea McMillan, has a special personal understanding of catastrophic injury, and fully understands the devastating effects a terrible accident can have on the lives of the injured person and/or his/her family members. She will treat you with the compassion and respect you deserve.

Andrea McMillan is also a highly-experienced legal professional, who will dedicate herself to working on your legal case so that you receive the maximum compensation you deserve for your losses. She will help you secure a financial recovery to pay for medical bills, lost current and future wages, additional recovery costs, and any loss of support due to the death of a loved one. Don’t hesitate to contact the Law Offices of Andrea McMillan today, at (561) 612-5700. We will help you.

What You Should (Try To) Do If You Are Injured In A Truck Accident

As a truck accident victim, you may be too seriously injured or shaken up to do much—if anything—to help yourself.  If able to, though, you should do the following:

• Call 911 – If someone else has not already called the authorities, you should do so immediately if you can. Because truck accidents can result in such severe injuries, it is imperative to have emergency medical personnel arrive on the scene and evaluate your condition. If EMTs recommend that you go to the hospital via ambulance, you should never fight it. Stabilizing your physical health is the most important goal if you are seriously injured. If you can remain on the scene, take the following steps if possible.
• Gather information – Gather the information on the back of the truck including the truck registration number and trucking company name. Also, get the name of the truck driver involved and contact information for anyone who witnessed the crash. Use your phone or camera to take pictures of the scene of the accident and vehicles involved.
• Be careful what you say – When speaking to law enforcement or to other parties involved, do not say anything that may be misconstrued as admitting fault. For example, too often, accident victims may blurt out comments like “I didn’t even see the truck” or “I didn’t realize how fast I was going,” not realizing that these statements can be used against them later.
• Seek medical attention – If you did not need emergency transport, you should still undergo a medical evaluation to identify any possible injuries that you may have. Having a timely diagnosis is essential for your health and for a future legal claim.
• You or your family member should promptly report the accident to the insurance companies involved (the driver’s and, yes, your own auto insurance company, even if you were a pedestrian). However, only give the basic facts. Sometime after that, you will receive a telephone call from one or more insurance adjusters, requesting that you give a statement about the accident. Do not do it until you have consulted with a personal injury attorney. Call the Law Offices of Andrea D. McMillan.  You may not be legally obligated to give the statement, depending upon which insurance company is seeking it. We will advise you if you are obligated to give it. If you are obligated to give a statement, then   let us explain to you, what the insurance company hopes to accomplish in taking the statement from you. Insurance companies–even your own– have an interest in paying out nothing or as little as possible to injured people. Don’t damage your case by giving the insurance company a statement harmful to you, or by signing an insurance document that harms you. It is best to have an experienced personal injury lawyer like Andrea McMillan explain to you how insurance companies operate, and what’s really going on. Andrea McMillan will prepare you to give a statement, review documents presented to you for signature, and help you every other step of the way. Don’t wait. Call truck accident attorney, Andrea McMillan at the Law Offices of Andrea McMillan at (561) 612-5700 today.

• Promptly report the accident -You or your family member should promptly report the accident to the insurance companies involved (the driver’s and, yes, your own auto insurance company, even if you were a pedestrian). However, only give the basic facts. Sometime after that, you will receive a telephone call from one or more insurance adjusters, requesting that you give a statement about the accident. Do not do it until you have consulted with a personal injury attorney. Call the Law Offices of Andrea D. McMillan.  You may not be legally obligated to give the statement, depending upon which insurance company is seeking it. We will advise you if you are obligated to give it. If you are obligated to give a statement, then let us explain to you, what the insurance company hopes to accomplish in taking the statement from you. Insurance companies–even your own– have an interest in paying out nothing or as little as possible to injured people.

  Don’t damage your case by giving the insurance company a statement harmful to you, or by signing an insurance document that harms you. It is best to have an experienced personal injury lawyer like Andrea McMillan explain to you how insurance companies operate, and what’s really going on. Andrea McMillan will prepare you to give a statement, review documents presented to you for signature, and help you every other step of the way.

  Don’t wait. Call truck accident attorney, Andrea McMillan at the Law Offices of Andrea McMillan at (561) 612-5700 today.

At the Law Offices of Andrea McMillan, we know the ins and outs of protecting the rights of truck accident victims. Because we view our clients and their loved ones as family, we will be show you compassion, and fight hard to ensure you receive the compensation you deserve. Call truck accident lawyer, Andrea McMillan, with the Law Offices of Andrea McMillan at (561) 612–5700 for a free, no-risk case evaluation.