Trucker Hours of Service Law and How it Impacts Personal Injury Claims
While truck accidents lead to horrible consequences, what’s even worse about these collisions is the fact that, in many instances, they’re entirely preventable. Truckers often cause devastating injuries and deaths because they push themselves too hard, and decide to drive while severely fatigued. Even though truckers are well aware of federal laws that are designed to stop fatigued driving, they often ignore those rules. In some cases, however, the trucking company is to blame for ordering drivers to continue to stay behind the wheel. Whoever is to blame, the attorneys with The Eberst Law Firm know how to investigate trucking accidents and determine who is at fault. If you’ve suffered an injury in a trucking accident caused by a violation of FMCSA (Federal Motor Carrier Safety Administration) hours of service rules, please get in touch with us for a free consultation. You can give us a call at 888-CALL-JON, or you can contact us online. What is the Hours of Service Rule? In an effort to reduce instances of fatigued driving, the FMCSA imposed hours of service limits on commercial truckers. These rules cover the number of hours truckers can be behind the wheel. Here’s a quick look at the weekly and daily hours limits, as well...
5 Reasons Insurance Companies Refuse to Settle Truck Accident Claims
Truckers often engage in dangerous behaviors that can greatly increase the risk of an accident. When an accident happens, the results can be catastrophic for vehicle drivers and their passengers. Victims of injuries sometimes have to deal with the consequences of those injuries for the rest of their lives. Trying to obtain compensation for injuries suffered in a trucking accident can be incredibly complex. You won’t just be going up against one insurance company – you might encounter several, including the trucking company’s carrier, the insurer of the company that loaded the truck, and possibly even the carrier of the truck’s manufacturer. All of these insurance companies will work against you at every turn in an effort to deny you the compensation you deserve. That’s why it will be essential you have the help of an experienced truck accident attorney. It will be your best – and possibly only – chance of being able to get the money you need to cover lost wages, medical bills and other expenses. The Eberst Law Firm will be ready if you’ve been hurt in a trucking accident caused by another party’s negligence. We have the skill and experience it takes to deal with the tactics insurance...
Truck Driver vs Trucking Company Liability Explained
An accident involving a semi-truck can be complicated, at least when it comes to determining who was at fault and what parties are liable for any damage or injuries that occur. There are some instances where the driver of the truck is to blame, of course, but there are others circumstances where another party’s negligence, like the trucking company, will lead to a wreck. Determining liability is just one of the many reasons why you’ll need to get the help of an experienced attorney if you’ve been hurt in a trucking accident. Eberst Law has a team of attorneys who have a deep understanding of truck accidents. We’re ready to put our experience, as well as our track record of success, to work for you. [Learn more: How Hiring a Truck Accident Lawyer Can Help Your Claim] Schedule a free consultation as soon as you can by giving us a call at 888-Call-Jon or contacting us online. When is a Truck Driver Liable for an Accident? When a truck driver causes an accident with a passenger vehicle, the truck driver’s insurance will be pursued for any damages they cause. This usually includes medical bills, lost wages, property damage, pain and suffering, and other losses. If the driver was...
What Types of Insurance are Truck Drivers/Companies Required to Carry?
If you’ve suffered a serious injury due to the negligence of a truck driver, you’re going to want to obtain compensation for not only tangible expenses, such as medical bills, but so-called “non-economic” damages as well, such as pain and suffering. Your best chance of doing so will be to obtain money from the insurer that covers the trucking company. Truck drivers, as well as trucking companies, are required by law to carry insurance – these policies typically pay much more than those that cover passenger vehicles. While you would think insurers would do the right thing and make you a fair settlement offer. Unfortunately, that usually doesn’t happen. More than likely, you’re going to need to hire a truck accident attorney to fight for your rights. The Eberst Law Firm has a long track record of not only protecting our clients’ rights, but also helping them obtain the money they deserve. Don’t hesitate to give us a call at 888-CALL-JON or contact us online. We’ll give you a free consultation and let you know exactly how we may be able to help. The following are examples of the kinds of insurance coverage trucking companies and drivers must have. Minimum Liability Coverage Every person who operates a motor...
Severe Injuries Associated with Pedestrian and Semi-Truck Accidents
A collision between a huge semi-truck and a car can have horrible enough consequences. But when a truck hits a pedestrian, the results are typically catastrophic – oftentimes, fatal. Florida is a beautiful state, one where people love to take a walk and enjoy the sunshine. If that walk turns tragic, it will be imperative for the victim, or the victim’s family, to pursue compensation. If you’ve been injured or lost a loved one in a pedestrian accident involving a semi-truck, please get in touch with The Eberst Law Firm, P.A. as soon as possible. We will provide you with a free consultation to let you know how we may be able to help. You can give us a call at 888-CALL-JON or use our online form. Why Are Semi-Trucks so Dangerous? The sheer size of a semi-truck makes it incredibly dangerous. These mammoth vehicles can easily weigh 80,000 pounds (40 tons) when fully loaded. When one of these huge trucks hits a pedestrian, that person will be incredibly lucky to survive. Unfortunately, in most cases they don’t. Florida Pedestrian Laws and Truck Accidents According to Florida law, a pedestrian is defined as a person who walks close to traffic, or walks on the side...
Calculating Pain and Suffering Compensation After a Truck Accident
When a huge truck hits a car, the truck always wins. After all, tractor-trailers can weigh as much as 80,000 pounds – that’s 40 tons. This type of collision can obviously lead to incredibly severe physical injuries. But they can also result in years of mental anguish as well. Victims of truck driver negligence can obtain compensation not only for their physical pain, but their mental suffering as well. If you are experiencing pain and suffering after a truck accident, please don’t hesitate to contact The Eberst Law Firm. We know how to recover pain and suffering compensation for our clients, and we have an extensive track record of success doing just that. Use our online form or call 888-CALL-JON for a free consultation. What is Pain and Suffering Compensation? Emotional pain can be just as debilitating as an injury. When this pain is caused by someone else’s negligence, such as a truck driver, that falls into the category of pain and suffering. This is the loss of happiness, comfort, or opportunities as a result of the accident. A lot of people roll their eyes at the very concept of pain and suffering – until it happens to them. It’s hard to look past the tangible aspects...
Types of Evidence that Can be Used in Truck Accident Cases
[caption id="attachment_2846" align="alignnone" width="900"] Electronic logging device for trucking industry with hours of service displayed on smarthphone screen[/caption] The consequences of trucking accidents can be devastating, leading to years of pain, limited quality of life or even worse. Unfortunately, these types of accidents occur far too often. According to the Federal Motor Carrier Safety Administration, there were 499,000 crashes involving large trucks in 2018. More than 4,400 people lost their lives in those accidents. In Florida alone, trucking accidents caused 316 deaths in 2017 and 338 deaths in 2018. When this type of accident occurs, the victims, or the family members of deceased victims, may have the chance to obtain compensation through a personal injury lawsuit or a wrongful death lawsuit. But in order for that lawsuit to have the best possible chance for success, the plaintiffs will need to produce the strongest possible evidence. Here’s a look at the different types of evidence that will be needed in order to prove your case. If you or someone you love suffers harm due to a trucking accident caused by a negligent party, please contact The Eberst Law Firm as soon as you can. We will listen to the details of your case, and then let you...
What Happens When Trucking Regulations are Broken?
Trucking regulations are put into place by the Federal Motor Carrier Safety Administration (FMCSA) to reduce crashes and injuries. The FMCSA enforces these regulations throughout all 50 states. Florida also has its own set of regulations enforced by the Florida Highway Patrol Office of Commercial Vehicle Enforcement (OCVE). When trucking regulations are broken (whether on a state or federal level), it’s referred to as negligence. This negligence may be on behalf of the driver, the trucking company, or other third parties. Negligence can result In truck accidents that cause injury or fatality. Those injured in commercial trucking accidents know firsthand how terrifying, stressful, and expensive these accidents can be. What regulations do truck drivers have to follow, and how does a broken trucking regulation affect your truck accident lawsuit? To learn more about what happens when a trucking regulation is broken, keep reading. Trucking Regulations There are many different trucking regulations put into place, either locally or federally. In addition, Florida has many specific regulations that aren’t enforced federally, so commercial vehicle operators need to be aware of both sets of rules. Size and Weight Regulations Florida enforces a 75 foot limit on all commercial vehicles, while federal rules only place a limit...
Trucker Behaviors That Make Florida Roads More Dangerous for Everyone
Truck Accident Statistics That are Concerning Truck drivers are tasked with carrying precious cargo for thousands of miles on trips that take days to complete. Of course, there are laws set in place that prevent drivers from driving too far, causing driver exhaustion, but these laws are often ignored in the name of quick work. As a result of this habit (and many other dangerous habits amongst trucking companies), injuries and fatalities can occur because of semi truck accidents. U.S. Statistics In 2019 there were 4,119 fatalities because of large truck accident crashes. 67% of those deaths were occupants of cars or other smaller vehicles while 15% were pedestrians, motorcyclists, or bicyclists. The remaining 16% were commercial truck occupants. Most commercial truck accidents occur on major roads (not interstates or freeways), at 52%, while 32% occur on interstates and freeways and 15% occur on minor roads. When it comes to time frame, the largest percentage (17%) of accidents occurred between noon and 3 pm in 2019. Following shortly behind that time frame are: 9 am to noon: 16% 3 pm to 6 pm: 15% 6 am to 9 am: 15% This means that a large majority of accidents take place between 6 am...
Trucking Regulation Noncompliance Causes Florida Truck Accidents
When commercial truckers don’t follow national or state regulations to maintain safe roads, the results can be injuries caused by an accident. Commercial trucking regulations are put in place to prevent accidents from occurring. Even with these regulations in place, 4,136 people died as a result of large truck crashes in 2018. 16% of those deaths were truck occupants, while 67% were occupants of cars and other passenger vehicles. 15% were pedestrians, bicyclists, and motorcyclists. Since 2009, fatalities from truck accidents have risen approximately 50% in the United States. Without any regulations, these numbers would be much higher. But what are these regulations, and how do they help to prevent accidents from occurring more frequently? What regulations do truckers need to follow? There are many regulations that truck drivers have to follow, including a health checkup before they’re allowed to get behind the wheel, license requirements, and more. Not everyone is eligible to be a truck driver. Here are four of the most important regulations, and the regulations that when broken—often lead to accidents. Size and Weight Restrictions Federal law states that the maximum gross vehicle weight is limited to 80,000 pounds, 20,000 pounds on a single axle and 34,000 pounds on a tandem axle group. Federal law...
Damages From a Truck Accident: What Can I Be Compensated For?
What damages are victims of truck accidents entitled to? It’s commonly known that large commercial trucks have larger blindspots than the average car, and their massive size alone can make other motorists feel panicky. Most drivers actively avoid driving close to these trucks, and with good reason. There has been a recent uptick in truck fatalities. In 2018, 4,678 people died in accidents involving large trucks. For those who survive these devastating accidents, a lifetime of painful and expensive complications can follow. How is a Truck Accident Different From a Car Accident? Truck accidents differ from car accidents from a liability and personal injury perspective. Trucks carry more insurance than regular passenger cars. While drivers have to follow local and state laws, there are federal laws that truckers and their companies have to adhere to as well. Accidents typically happen between two drivers of standard-sized vehicles that usually weigh around 4,000 pounds. Since commercial trucks weigh five to 20 times more than that, the damage they can do is also more impactful. When an accident happens, determining who is at-fault involves more thorough digging because of all of the parties involved in a trucking operation. In addition to the driver, fault can lie with several entities including...
How Hiring a Truck Accident Lawyer Can Help Your Claim
Why is it necessary to hire an attorney to handle a truck accident injury claim? As a driver, you probably naturally change lanes to avoid trucks on the road. Your instincts are right. Considering that trucks can outweigh the average 4,009–pound car by almost 20 times, injuries from truck accidents are especially devastating. And it’s no secret that these accidents can also be deadly. Florida is one of the ten states that account for 51% of fatal large truck and bus crashes. While many effects of a truck accident are irreversible, there are legal actions you can take to lessen the harsh impacts on your life. Do I Need to Hire a Truck Accident Lawyer? If you have been involved in a truck accident, you do have the option to represent yourself and file all of the necessary paperwork on your own. However, less than 17% of Americans choose to take that route. This may be due to it being a difficult process to manage on your own. Your attorney will help you to collect evidence, guide you through the various stages of the process, and prove the defendant’s negligence. This will give you the time and peace of mind you need to heal. Financial compensation from the guilty party...