Personal Injury Blog

Financial Requirements for Trucking Companies and Truck Drivers

The commercial trucking industry is one of the most dangerous industries in America and federal regulations require that trucking companies carry high levels of insurance in the event of a crash. A Florida truck accident lawyer from Lilly, O’Toole & Brown can investigate your truck accident claim to determine which parties are liable for your injuries. Contact us today - 863-533-5525.

Addressing “Other” Expenses in Your Florida Truck Accident Claim

After suffering serious injuries in a Florida truck accident, you will likely encounter a number of financial concerns above and beyond lost wages and medical expenses. To learn about the types of compensation available after a truck accident, you should enlist the help of a Florida truck accident lawyer at Lilly, O’Toole & Brown - 863-533-5525.

Addressing Your Medical Costs After a Florida Truck Accident

Federal regulations dictate that trucking companies carry a substantial amount of liability insurance. This has a major impact on your truck accident claim. A Florida truck accident lawyer from Lilly, O’Toole & Brown can investigate your claim to determine what parties are liable for your injuries. Contact us today - 863-533-5525.

Aggressive Truck Drivers Endanger the Lives of Florida Drivers

The negligent actions of aggressive truck drivers can lead to serious, if not fatal, Florida truck crashes. To learn about what you can do if an aggressive truck driver caused your truck crash, contact a Florida truck accident lawyer at Lilly, O’Toole, & Brown - (863) 533-5525.

What are the causes for the most common types of truck accidents in Florida?

If you have been injured in a truck accident in Florida, your attorney will want to know what type of truck accident you encountered. The type of accident will often give clues about negligence and driver error. To learn more about filing an injury claim after a truck accident, you should enlist the help of a Florida truck accident lawyer at Lilly, O’Toole, & Brown - (863) 533-5525.

What constitutes trucking company negligence in Florida?

When trucks cause accidents they usually inflict a significant amount of damage and serious or even fatal injuries. It is for this reason that the Federal Motor Carrier Safety Administration (FMCSA) established list of regulations regarding the safe operation of commercial motor vehicles. To learn about filing an injury claim after a truck accident, enlist the help of a Florida truck accident attorney at Lilly, O’Toole, & Brown - (863) 533-5525.

Evidence Needed to Build a Florida Truck Accident Claim

If you have been injured in a truck accident in Florida, you may have questions about the Florida truck accident claims process. To learn more about filing an injury claim after a truck accident, you should enlist the help of a Florida truck accident lawyer at Lilly, O’Toole, & Brown - (863) 533-5525.

What Not To Say To Insurance Company Claims Adjusters

Talking to claims adjusters after your Florida truck accident can be frustrating and potentially harmful to your claim. A Central Florida truck accident attorney from the Law Offices of Lilly, O’Toole & Brown LLP can help advise you on what to say. Contact us today for a free consultation - (863) 533-5525

Documenting Your Central Florida Truck Accident

Good evidence of your Central Florida truck accident is critical to proving your claim. For expert help in building your truck accident claim, contact the truck accident attorneys at the law offices of Lilly, O’Toole & Brown LLP for a free consultation - (863) 533-5525

I-4 SINKHOLES MEAN MORE DEFENSIVE DRIVING

With the road depression appearing on I-4 drivers can expect slower traffic and more rear end crashes. It could be some time before traffic gurus with DOT have figured out the extent of the problem, much less a solution, so keep driving defensively. Don't be the person texting or talking on the phone who doesn't notice the brake lights in front of you.

Safety Tips to Avoid an Auto Accident this Holiday Season

You can greatly reduce your chances of being injured in a Central Florida car accident by following these important safety tips. Contact an Orlando accident attorney if you have been injured in an auto accident.

Halloween Safety at Forefront After Clermont Child Struck by SUV

Halloween ended tragically for a Central Florida family when their eight year old son was struck by an SUV and killed while crossing Highway 50 to attend a Halloween party. This is a stark reminder of the need for drivers and pedestrians to be extra careful on Halloween.

According to WESH:

Officials said Mitchell Trompeter was crossing the street with his father's girlfriend to attend First United Methodist Church's annual Halloween event, called Trunk-or-Treat, when they were struck by a white Ford Explorer.

The woman suffered minor injuries.

"He was struck along with another family member," said John Johnson, of the Clermont Police Department. "He was pronounced dead at the scene and the other family member is being treated at Southlake emergency room."

Children are more than twice as likely to be killed by a car while walking on Halloween than any other night of the year, according to Safe Kids USA. More than 540 kids under age 14 are killed in pedestrian accidents each year. In an analysis of deaths from 2002 to 2006, the group found an average of 2.2 children are killed in pedestrian accidents from 4 to 10 p.m. on Halloween, compared with one child every other evening at the same time.

According to SafeKids, Halloween is consistently the most dangerous day of the year for kids to walk. Kids are at greater risk on Halloween simply because they're more likely to be walking after dark, sometimes without their parents around. Additionally, Masks can make it hard for youngsters to see around corners, and dark costumes can make it hard for drivers to spot them.

Drivers should be more cautious on Halloween. They need to slow down, turn lights on and be prepared that there will be more kids out. Most importantly, they need to understand that children are generally unpredictable. Unlike adults, children are more likely to dart out between cars, especially when excited. That makes it more important than ever for drivers to avoid distractions, such as cellphones and texting, and of course, driving under the influence.

In Florida, drivers have a duty to keep a proper lookout for children around streets and highways. In fact, there is a specific standard jury instruction on the subject which states:

Duty of Motorist Toward Children

A motorist must exercise reasonable care to guard against the unpredictable and erratic behavior of children on or near the street or highway if he knows or should know of their presence.

Thousands of Drivers Killed in Drunk Driving Accidents in 2008

There is no question that getting behind the wheel drunk is a bad idea.  Just look at the statistics and the number of fatalities every year caused by alcohol-related accidents.  The latest figures show that 8,027 drivers lost their lives in drunk driving accidents across the country.  According to the Insurance Institute for Highway Safety, a driver with a blood alcohol content (BAC) of only 0.05 percent has an increased probability of getting into a fatal accident.  Reaching a 0.05 percent BAC doesn’t take much.

As you can imagine, the higher the BAC, the higher the risk of dying in a car accident.  In 2008, 5,897 drivers were killed who had BACs of 0.15 percent or higher.  Younger people seemed to be more likely to be involved in a fatal or nonfatal alcohol-related accident than older drivers.

Motorcyclists are also at risk of dying in a fatal accident if they have consumed alcohol before riding.  In fact, alcohol was a major factor in many of the motorcycle accident fatalities in 2008.

A drunk driving accident is usually catastrophic and leads to devastating injuries.  If you have been injured in a Tampa car accident caused by a drunk driver, you may be entitled to compensation for your injuries.  Contact the Law Offices of Lilly, O’Toole & Brown, LLP at 863-683-1111 for more information.

What Does it Mean to Live in a No Fault Insurance State?

Florida is a no fault insurance state, meaning that your medical expenses will be paid no matter who was at fault in the accident.  The Florida no-fault insurance system allows you to collect compensation for medical payments, lost wages and household services.

One of the other aspects of the Florida insurance system is that in order to file a lawsuit against the other driver, your injuries must be significant.  Your injuries must reach a certain threshold, which usually occurs when your injuries are serious or permanent.  For example, if disfigurement, scarring or loss of a bodily function is involved, you may have grounds to file a lawsuit to obtain financial compensation for your injuries.

If you are unsure if you qualify to pursue compensation in litigation, you should talk with a Central Florida accident attorney.  A Florida car accident lawyer will be able to review the details of your case, explain your legal rights and help you determine the best course of action for your claim.

Contact the Law Offices of Lilly, O'Toole & Brown, LLP at (863) 683-1111 for legal advice.  For more information about Florida no fault insurance, read the informative article, “How Being a No Fault State Impacts Your Florida Car Accident Case.”

Study Examines Causes of Car Accidents

A study by the National Highway Traffic Safety Administration found that speeding is not the number one cause of car accidents. 

It has been nearly 30 years since the last on-scene crash causation study was conducted, which is why the U.S. Congress authorized the National Highway Traffic Safety Administration (NHTSA) of the U.S. Department of Transportation to perform the National Motor Vehicle Crash Causation Survey (NMVCCS).  During the study, researchers were able to go to the scene of the crash, right after the accident happened.  They were therefore able to talk to drivers, passengers and witnesses, as well as review the events that led up to the crash.

The goal of the study was to understand the events that led up to car accidents.  Crashes from 2005 to 2007 were examined to determine factors that contribute to car crashes in the United States.  Researchers looked at the events and reasons associated with the accidents.  For example, researchers assigned critical reasons relating to the driver, which contributed to accidents.  The top critical reason associated with drivers in auto accidents had do to with recognition errors, meaning the driver wasn’t paying attention to the road, was distracted or was not adequately surveying the road. 

The second major reason for accidents that involved driver behavior was decision errors.  Decision errors included such behaviors as driving aggressively and speeding.  Drivers were also found to make performance errors, including overcompensation and improper directional control, which contributed to the accidents.

According to the study, most of the accidents examined occurred at intersections, when a vehicle was crossing or turning.  Another 22 percent of the accidents happened when the vehicles ran off the road.

The information collected in the survey is intended to help prevent crashes from occurring in the first place.  If you have been injured in a car accident, contact the Law Offices of Lilly, O'Toole & Brown, LLP at (863) 683-1111.

The article, What Causes Car Crashes, has more information on this topic. 

Drivers Without Insurance Rising

The Insurance Research Council is reporting that several hundred thousand drivers have dropped their insurance in the past year.  One of the reasons cited for this drop is the job losses due to the economy, as people cut back on their expenses.  However, completely dropping insurance coverage is not only foolhardy, it is also illegal.  Most states require some sort of basic coverage.  In Florida, owners of vehicles are required to have Personal Injury Protection coverage and collision coverage.  Anything more than that is completely at the discretion of the owner.  Highly recommended is Bodily Injury Coverage, as well as Uninsured/Underinsured Motorist Coverage.  Bodily Injury Coverage provides for injuries that are caused by the driver of your car to other people.  But with so many people dropping their insurance coverage completely, it is urged that all drivers carry Uninsured/Underinsured Motorist Coverage.  That will provide for your injuries in the event the driver that negligently hit you has no coverage or only limited coverage.  Lilly, O'Toole & Brown urges everyone to contact their insurance agent and discuss Uninsured/Underinsured Motorist Coverage.

What Causes Tractor-Trailer Accidents?

If you were injured in a tractor-trailer accident, you need to understand what may have caused it.  Accidents involving large trucks often lead to serious injuries, which are sometimes fatal.  The immense size of the truck, in comparison to a passenger vehicle, is why these types of accidents are usually catastrophic.  In an effort to understand the common causes of large truck accidents, the National Highway Traffic Safety Administration and the Federal Motor Carrier Safety Administration examined a national sample of truck crashes.

Researchers reviewed a sample of 963 truck accidents from the 120,000 accidents that occurred from April 2001 to December 2003.  These large truck accidents caused 1,654 injuries and 249 deaths.

Based on the findings of the study, there were some factors that occurred hours, days or even months before the truck crash.  Some of these elements included:

• Driver training
• Driver experience
• Truck design
• Highway condition
• Weather condition
• Traffic signaling

Other factors, such as tire blowouts and snow, took place immediately preceding the accidents.

There were also events that led to these truck accidents, which included the truck running out of lane, loss of vehicle control and rear end collision with the vehicle in front of the truck.  Other factors were identified such as brake problems, interruption in traffic flow, prescription or over-the-counter drug usage, driving too fast, unfamiliarity with the road, a required stop, roadway problems fatigue and inadequate surveillance.  Fatigue has been widely examined as a cause of truck accidents, as truck drivers usually drive for hours at a time.

Large truck accidents tend to be more complicated than other auto accidents.  If you have been injured in a tractor-trailer accident, you should talk with an attorney who is experienced in this area of law.  Contact the Law Offices of Lilly, O'Toole & Brown, LLP at (863) 683-1111 for advice regarding your large truck accident case.

The article, Causes of Large Truck Accidents, has more information on this topic. 

Polk Roads Could be Helped by Economic Stimulus

President-Elect Barack Obama is proposing an economic stimulus package that could provide millions of dollars and thousands of jobs to all of Florida, including a large chunk for Polk County.  A hefty part of this stimulus package involves road work which is desperately needed throughout Polk County.  Some roads need to be paved, some roads need patchwork.  There are sections of Lakeland and Winter Haven that have been waiting for years to be widened or additional lanes to be added.  What this type of work means to the average commuter is a short period of frustration when construction begins but followed by traffic relief when the road being worked on is completed.  Additionally, with new construction completed drivers can usually expect better road conditions leading to safer driving.  No longer distracted by pot holes, crumbling road shoulders and general deterioration, the driver can focus solely on the task at hand, staying safe for themselves and for other drivers and passengers.

Are You Hurt? Let Your Doctor Tell You

The Ledger is reporting two motor vehicle crashes this morning in south Lakeland, with no reported injuries.  Actually, the Ledger is saying no injuries, but often that is not accurate.  While at the crash scene people often say they are alright, a large number report feeling pains and aches within a few hours afterwards.  Then, they are not sure if they can go see a doctor or not.  Lilly, O'Toole & Brown can not stress enough how important it is to see your doctor if you have been involved in a motor vehicle crash.  Your doctor will perform a complete physical, possibly order diagnostic tests like x-rays, MRI's and other film studies and get a history of the crash.  Your doctor may order physical therapy or send you to see a specialist who can accurately treat your condition.  In Florida, this care is provided through your Personal Injury Protection coverage, required with most automobile insurance.  So even if a person does not immediately feel pain, but has the onset of pain after the adrenalin wears off, they should still see their doctor.  Their body is depending on them.

Tampa Bay Area Roads Deadliest in Nation for Young Drivers

A report just released studied traffic crashes in major metropolitan areas throughout the United States.  The report, sponsored by Allstate Insurance, listed the Tampa Bay area as the deadliest for young drivers during the holiday season.  Using crash statistics from the government as well as insurance claims from the past holiday seasons, the report was able to determine that Christmas is not kind to young drivers.  Jacksonville was second in the report, followed by Orlando.   Other cities in the worst category included Las Vegas, Birmingham Alabama and Richmond Virginia.  The safest spots for young drivers during the holidays included Salt Lake City, San Francisco and Cleveland.  Some larger cities, such as New York or Washington D.C. did not have as high a number of fatal crashes, explained by some to be a result of better public transportation so fewer teens have to drive.  Today's teens are faced with a lot of distraction while driving.  Cell phones, Ipods, radios and passengers all lead to distractions that can lead to injury or even death.

Be Prepared for Thanksgiving Traffic

The Holidays are upon us, along with crowded shopping centers and traffic backed up for miles on the highways.  Even with the economic troubles people are going to travel in record numbers to reconnect with families and spend some time with friends.  Because there will be so many people on the roads (some have already started their travels) previous advice bears repeating.  With travel of any distance you will want to make sure your vehicle is in good repair.  Take it to a mechanic you trust to give your vehicle the once-over.  The mechanic can replace worn parts and belts, put on a new set of plugs and generally make sure you can handle, vehicle wise, sitting in traffic for what seems like forever.  Bring board games or that new movie for the kids to watch.  And be patient.  Lots of car crashes could be avoided if we simply took a little more time and watched out for one another.  Keep the Holidays in mind and try to give that other driver, the one that just cut you off, the benefit of the doubt.  Avoiding the crash means getting to the party and having a good time.

2 Bus Crashes in Polk County

 

Two bus crashes in one day is two crashes too many.  Both incidents in Polk County involving Polk  County School Board buses might have been avoided but all the facts are not out yet.  As a personal injury lawyer I specialize in these types of cases and I can tell you all the facts will not be known for some time.  Polk County Sheriff’s Office personnel need to do their job and if any of the injured parties decide to retain an attorney then their own investigators will need to complete their job as well before everything will be out in the open.  My heart goes out to all the people involved, what a tragic event.

Florida Returns to "No-Fault" Auto Insurance System

As of January 1, 2008, Florida is again requiring no-fault auto insurance.  “No fault” insurance bars suits against other motorists unless there has been death or permanent injury.  Unlike the traditional insurance system where the bill for the car crash is paid by the company that insures the driver at fault, the “no fault” system requires your own insurance company to pay for your injuries, no matter who was at fault.

 

Most Florida drivers won’t have to do anything, as PIP coverage was required in the state as little as four months ago.  However, drivers who elected to drop PIP from their coverage during its “optional period” will notice a higher bill in their mailbox in January.

Florida Highway Patrol Report comes in on Massive Pile up On I-4

 

In the end everyone associated with this tragic crash will either be represented by an attorney or at least have talked to one, simply to make sure they know what their rights are.  The big company trucks have already had adjusters working the crash within hours of it happening.  Those insurance companies keep attorneys on the payroll for a reason: reduce payments made for negligence caused by their drivers.  The law requires attorneys to have no contact w/ crash victims for at least 30 days so unless the victim contacts the attorney, the victim is on his/her own.  But the insurance adjusters can get out there in hours and start contacting people and taking statements.  And since most people have never been involved in any crash, much less one this horrific, they are more than happy to cooperate w/ the insurance company, not realizing this could greatly hurt them in the future.  Remember, these are the insurance companies having to swear under oath in the legislature right now and getting licenses pulled for playing hide the profits from our legislature.

Truckers Lobbying for Faster Speed Limit

The American Trucking Association, a group that represents trucking companies, is calling for a return to a uniform national speed limit.  While the national speed limit was set at 55 m.p.h. in 1974 (a response to an oil shortage), states have been allowed to regulate their own speed limits since 1995.  Most states have set their speed limits over 65 m.p.h., and some places in Texas have speed limits of 80 m.p.h. or greater.

The proposed speed limit is not being proposed for safety reasons, however, but for better fuel economy.  The ATA says that slowing speeds from 75 to 65 would offer trucks as much as 27% greater fuel economy.  The result would be to lower the price of gas and oil as the demand decreased.

The group also wants a federal requirement that all tractor-trailers be equipped with a 68 m.p.h. speed limiter.  By doing this, the agency hopes that it would bring all truckers in line and would limit competition amongst truck drivers to get their goods to the destination in quicker times by speeding. 

Whatever the reason, slowing down fully loaded semis would greatly increase the safety of drivers on the roads.