Miami, FL Truck Accident Lawyer and your accident claim

If уоu аrе involved in аnу type оf truck accident, chances аrе уоu аrе gоіng tо hаvе tо gеt ѕоmе type оf truck accident lawyer. Uр tо thіѕ point, уоu mау nоt hаvе realized јuѕt hоw specialized оf а topic thаt was, but уоu wіll ѕооn understand јuѕt hоw important іt іѕ tо gеt thе rіght truck accident lawyer іn Miami, FL. Joseph Madalon with Madalon Law has years of experience fighting for the rights of those injured in truck accidents.

Truck accident lawyer іn Miami, FL аrе а breed оf attorneys thаt focus оn thоѕе people whо hаvе bееn involved in big truck аnd semi-truck rig accidents. If уоu hаvе bееn involved іn а traffic accident wіth а semi оr large truck, thеn уоu knоw hоw devastating іt саn be. Thеrе іѕ nо good accident оn thе highways, but thеrе аrе differing degrees оf accidents, аnd thоѕе involving big rigs аrе еѕресіаllу horrendous.

Lawyers whо handle truck accident cases аrе bеttеr versed оn whаt detailed issues аrе іn play wіth а semi оr large truck. Tаkе fоr example, а semi оr commercial truck driver hаѕ а special license іn whісh tо operate hіѕ оr hеr vehicle. If thеrе аrе reasons thаt а person driving thоѕе big trucks hаѕ а special license, thеn thеrе аrе оbvіоuѕlу dіffеrеnt rules аnd guidelines thаt muѕt bе adhered to, аnd knowing thеѕе details аnd whеthеr оr nоt thеу hаvе bееn fоllоwеd correctly, соuld prove tо bе а large contributing factor іn а semi-truck involved accident.

Thеrе аrе ѕо mаnу reasons whу уоu ѕhоuld соnѕіdеr hiring Miami, FL truck accident lawyer whеn thе nееd arises аnd ѕоmе оf thе reasons аrе highlighted below.

  • A Miami, FL truck accident lawyer wіll hеlр уоu resolve issues thаt соuld arise іn terms оf whеthеr уоu аrе а regular employee оr а contracted worker. Thе fact іѕ thаt lawsuits саn gеt heftier fоr drivers whо аrе mistaken fоr direct employees but оur lawyer wіll hеlр іn making ѕurе thаt ѕuсh confusions dо nоt occur tо avoid thе hefty lawsuits thаt соuld favor thе plaintiff.
  • Our truck accident lawyer in Miami, FL, соmеѕ іn handy іn dealing wіth thе special stipulations аѕ fаr аѕ big truck insurance goes. Thеѕе аrе stipulations thаt уоu wоuld оthеrwіѕе nоt knоw аbоut whеn working wіthоut thе professional assistance оf а good lawyer еѕресіаllу fоr ѕеrіоuѕ accident injuries.
  • ·Our truck accident lawyer саn hеlр уоu knоw уоur options аѕ fаr аѕ thе lawsuit gоеѕ аnd уоu саn асtuаllу dо wіth ѕоmе consultation fоr cases thаt аrе nоt thаt ѕеrіоuѕ аnd thеrеfоrе dо nоt require thе representation оf оur truck lawyer іn court. Also, оur experts саn guide уоu оn hоw tо handle thе situation successfully оn уоur оwn fоr lеѕѕ ѕеrіоuѕ truck accident cases.

Whеthеr уоu аrе involved іn а truck accident, оr уоu knоw ѕоmеbоdу whо is, hiring thе services оf Miami, FL truck accident lawyer wіll ensure уоu gеt whаt іѕ due tо you. Contact uѕ today tо find оut hоw wе саn hеlр уоu оut іn аnу truck accident уоu find yourself.

Intrastate Trucking Rules & Regulations

FREE CONSULTATION FOR TRUCK ACCIDENT VICTIMS

Being aware of the difference between interstate and intrastate trucks is important if you have been involved in a truck accident here in Florida. The Miami truck accident attorneys at Madalon Law know Florida law, as well as the rules and regulations for intrastate trucking. If you have been involved in an accident, or simply have questions pertaining to an incident, contact the Fort Lauderdale truck accident attorneys of Madalon Law today for your free consultation and we will gladly answer your questions.

KNOWING THE LAWS THAT GOVERN TRUCK DRIVERS IN FLORIDA CAN BE BENEFICIAL

Large trucks that travel over different state lines, or ‘Interstate Trucks’ as they are called, are regulated by the federal government agency, Department of Transportation. This is different for those trucks that travel exclusively within Florida. These trucks are known as ‘Intrastate Trucks’.

The rules for intrastate trucking in Florida are in place to regulate trucks, and their drivers, who drive within this state’s boundaries. With as many drivers on Florida roadways as there are, it is important that these rules and regulations are implemented and followed in order to keep everyone safe.

TRUCKS REGULATED BY THE STATE OF FLORIDA

When people hear the phrase truck accident, they commonly associate big 18-wheeler semi-trucks to the collision. The fact of the matter is that there are a variety of large trucks that must obey Florida’s intrastate trucking rules and regulations. Some of these trucks include:

  • Fire Department Trucks
  • County Buses / School Buses
  • Trash Collection Trucks
  • Construction Trucks (Cement, Dump, Flatbed, etc.)
  • Trucks Transporting Gasoline
  • Commercial Trucks

In many truck accident cases, large corporations are the owners of the vehicle. It can be extremely difficult to successfully win a personal injury claim against them and their powerful attorneys without proper legal representation of your own. Madalon Law has experienced personal injury attorneys who do not back down from the intimidation tactics of these large companies.

WHEN TRUCK DRIVERS DO NOT FOLLOW THE RULES

There has been an increase through the years, nationally, in the number of death-related truck accidents. Far too often here in Florida, truck drivers and the companies they work for, do not see the necessity of following intrastate trucking rules and regulations. Certain things that are violated on a frequent basis include:

  • Exceeding Time Limit on the Road Allowed by a Driver
  • Improper Weight Limit of the Truck
  • Excessive Speeding
  • Wrong Lane Use
  • Traveling at an Unsafe Distance from another Vehicle

These violations can cause serious injury to another driver on the road.

INTRASTATE TRUCKING RULES AND YOUR PERSONAL INJURY CLAIM

It is sad to say, but there are trucking companies that have a greater focus on earning money than they do on the safety of other drivers on the road. Encouragement of drivers to get places quicker can create a dangerous sense of urgency within a truck driver. While not emphasizing the need of drivers to obey certain intrastate trucking rules and regulations can be extremely hazardous for many people, there are certain regulations that most truckers and trucking companies follow, including:

  • Registering the Truck with the State
  • Carrying Proper Amount of Insurance
  • Having the Correct Commercial License to Operate the Truck
  • Following Size of the Truck Requirements
  • Undergoing Required Inspections of the Truck

Making sure that drivers on the road are safe should be everyone in Florida’s goal. If you have encountered an unsafe truck driver who caused you injury, Contact the Fort Lauderdale truck accident attorneys of Madalon Law today and find out how you can get the money that you deserve for your loss.

TRUCK ACCIDENT LAWYERS IN MIAMI

It doesn’t matter what road we are on in Florida, it seems that we don’t have to travel much before we find ourselves sharing the road with a large commercial truck or semi-truck. Even though this can intimidate some more than others, there is no denying that being involved in a collision with one of these massive vehicles can leave the driver and passengers of the smaller vehicle with serious injuries or death.

Truck accidents in Florida happen often. Many will agree that the length of the state and lack of scenery change on long highways like Interstate 95, Interstate 75, and the Florida Turnpike can make a driver bored, and tired and enter a mental autopilot mode where their attention on the road is greatly diminished. Another contributor to truck accidents could be the ongoing road construction on highways like Interstate 595, the Palmetto Expressway (826), or the Dolphin Expressway (836). Combining any of these two factors with possible long travel distances and work hours there is no surprise Florida has its fair share of truck accidents.

TRUCK ACCIDENTS: WHO’S AT FAULT?

Truck accident cases are unique in several ways including determining who was responsible. A skilled truck accident law firm will understand that these cases are much more complicated than a car accident and require a skilled approach to determining the negligence of one or more parties involved.

Truck driver negligence: Examples of truck driver negligence can include speeding, reckless driving, driving fatigue, texting while driving, driving under the influence of drugs or alcohol, driving and eating, being distracted on their smartphone or navigation system, not paying attention to rules of the road, not properly securing cargo and not yielding the right of way.

Truck company negligence: It is obvious and simple to blame the truck driver when their negligence caused a truck accident, but a skilled truck accident firm will also know to look at the role of the truck company or driver’s employer in the accident. In many truck accident cases, the driver’s fatigue may be due to unreasonable work and travel deadlines from the employer. There can also be negligence on the employer’s part if the driver is under the influence of drugs and the company does not give periodic drug testing. Truck companies are also responsible for providing proper training to their drivers and maintaining the trucks and their parts to make sure they work properly.

Manufacturing company maintenance: There are also cases where an accident happens due to a defective part on a truck. The vehicle and part defect could cause a truck tire blowout, brake malfunction, or more.

On average, a large truck weighs more than 10,000 pounds. Sharing the road with one of these will get the attention of most regular-size car drivers. Unfortunately, the same cannot always be said for the truck driver who is sharing the road with the much smaller vehicles we drive. When a truck hits a car, this usually results in serious injuries or a truck accident death.

Truck Driver Fatigue

Driving fatigue is the result of mental and physical exertion that impairs a driver’s performance behind the wheel. It can happen to anyone – and at one point or another probably has. It could be the non-scenic drive going to or leaving Orlando. It could be the drive on I-75 when going from the East coast to the West coast or vice versa. Driving fatigue can affect many people, but none more than a truck driver. With the long hours travel distances, it is no wonder why driver fatigue is one of the leading causes of large truck accidents in the United States.

Truck driver fatigue is one of the main causes of truck accidents

When looking at the main causes of truck accidents, 10.1% were reported to be caused by vehicle malfunction. Another 2.3% were reported to be due to environmental factors. The remaining 87.2% are reported as truck accidents due to driver error. Even though it would be incredibly assumptive to say driver error and driver fatigue are the same, it would be safe to say many truck accidents that are caused by a driver’s error can have some relation to fatigue. In fact, 41% of truck drivers reported at least minor fatigue being associated with the accident.

How lack of sleep plays a huge role in truck accidents

Getting the right amount of sleep is always a good thing, but when operating a vehicle it becomes even more important. Studies have shown that a lack of sleep can actually impact performance in a similar way to how alcohol can affect someone behind the wheel. Performance is impaired if sleep is limited to 5 hours for more than 2 nights. Another alarming study shows that after 24 hours awake, a person’s driving ability will be equal to that of someone with a BAC (Blood Alcohol Content) of 0.10%. Truckers average less than 5 hours of sleep per night (adults require 7-9 hours of uninterrupted sleep). Even worse, 1 in 4 truckers said they had fallen asleep while driving.

Why the truck company could also be negligent

A simple solution to truck driver fatigue could be to pull over and get some sleep. Unfortunately, many truck drivers feel they are put in a position where this is not an option. In many cases, the driver’s fatigue could be due to unreasonable work and travel deadlines from their employer. Even though there are hours-of-service rules that trucking companies are required to follow (maximum hours allowed on duty restrictions and maximum consecutive driving hours restrictions) in order to avoid fatigue accidents, 13% of truck accidents still involve drivers who are pushing themselves to the point of exhaustion and are driving fatigued in order to meet unrealistic employer demands. Careful studying of these required driving logs can show negligence by the trucking company.

If you or someone you love has been involved in a truck accident, you need to contact a firm that understands these cases and the unique approach they require. Please contact the Miami Florida truck accident attorneys at MADALON LAW for your free consultation.

FREE CONSULTATION FOR TRUCK ACCIDENT VICTIMS

When a truck driver who does not have the appropriate training and licensing gets behind one of these commercial trucks, serious injury and even death can result from accidents. The truck accident attorneys in Miami at Madalon Law are fully aware of the need to have all truck drivers trained and licensed properly. If you believe this could have played a factor in your accident, then contact us for your free consultation.

TRUCKS ARE NOT EASY TO DRIVE; THAT IS WHY SPECIFIC TRAINING AND LICENSING ARE REQUIRED IN ORDER TO HANDLE THEM

Handling big trucks, semi-trucks, or 18-wheelers can be a difficult task. Florida truck drivers must be certified in order to drive the rigs that they do on the roads shared by all motorists. To become certified, a truck driver must be adequately trained and pass specific licensing tests for commercial trucks.

Federal guidelines are in place and are used as minimum standards for states to adopt laws for what is required in order to drive larger trucks. Specifically, the Federal Motor Carrier Safety Administration is the agency whose task it is to come up with these national regulatory standards. Any company that employs drivers of large trucks is required to make sure that those drivers have completed all necessary training to operate their vehicles.

BASIC REQUIREMENTS OF TRUCK DRIVERS

Companies who use and employ truck drivers for their business purposes have a responsibility to take on those drivers both competent and qualified to handle such large trucks. In order to satisfy that responsibility, employers must be sure that their drivers:

  • Are physically able to handle the large trucks;
  • Have passed their licensing exam for driving the large trucks;
  • Completed a thorough background check and training

If any one of these basic requirements is avoided or blatantly disregarded, serious truck accidents can certainly occur.

If a truck driver cannot physically handle a large truck, problems may occur during the operation of the truck. Medical history can help to show whether a driver is physically qualified to drive a large truck. Certain medical problems, such as seizures, can cause a driver to lose control and create significant injuries to other drivers.

Just like any other driver on the road, the need to be licensed is crucial. The big difference in driving trucks is the massive size of the vehicle. If a truck driver is unaware of how to handle the rig in a particular scenario, they can make decisions that have proven to be life-threatening.

Proper background checks and training are also basic requirements of trucking companies when hiring a driver. If a driver has a bad history of driving trucks in another state or area, an employer should be cautious when thinking of hiring them for their business. Generally, a truck driver with a bad history on the road will continue to have additional problems that can seriously injure other motorists.

TRUCK ACCIDENTS INVOLVING UNTRAINED OR UNLICENSED DRIVERS REQUIRE EXPERIENCED ATTORNEYS

If you or a loved one has been injured at the hands of a truck driver who was improperly trained, or did not have the required license needed to handle the truck they were driving, it is important that you seek legal advice.

The experienced legal team at Madalon Law knows how to approach every type of personal injury claim and they are never intimidated by large trucking companies. We handle truck accident cases throughout the state of Florida and will come to you if you are not in the area.

Contact the Miami truck accident lawyers of Madalon Law today for a free consultation if you have suffered injuries, property damage, or financial losses from the negligence of a truck driver or trucking company in the area.

Improper Braking and Brake Failure Accidents

CONTACT A TRUCK ACCIDENT ATTORNEY

FREE CONSULTATIONS FOR FLORIDA TRUCK ACCIDENT VICTIMS

It is extremely important to know all legal options that are afforded to you if you or a loved one has been a victim of an accident involving truck brake failure or improper braking. The truck accident attorneys of Madalon Law are experienced and know how to successfully handle personal injury claims against large trucking companies. We are based out of Fort Lauderdale and fight for the rights of victims throughout the state of Florida. If you cannot come to us, we will come to you. Contact us today for your free consultation.

BRAKES CAN SAVE LIVES; BUT WHEN TRUCKS FAIL TO STOP PROPERLY, OR THEIR BRAKES FAIL, LIVES ARE PUT IN HARM’S WAY

Large trucks used for commercial transportation tend to have more problems associated with their brakes than the average passenger vehicle. It is true that under the rules and regulations, that govern trucks, truck drivers, and owners of trucks, it is required that routine brake inspections are done; however, brakes unfortunately fail frequently in big trucks.

Devastation is a word commonly associated with describing truck accidents involving faulty brakes or bad braking habits. Far too often, residents and visitors of South Florida experience serious injuries because of a truck accident involving some issue with the brakes. Some of these injuries experienced by truck accident victims include:

  • Brain Injury / Brain Trauma
  • Loss of Limb(s)
  • Injury to Spine / Paralysis
  • Broken Bones
  • Burned Flesh

REASONS WHY BRAKES WILL FAIL ON A TRUCK

Many of us have never driven a large truck, so we may not completely understand the different reasons why their brakes fail. Some of those reasons include:

  • Too Much Cargo Weight; Does Not Allow Truck to Brake in Time
  • Manufacturer Defect
  • Not Properly Maintaining the Brakes
  • Truck Driver Not Receiving Adequate Training in Techniques for Braking
  • Distracted Truck Drivers not stopping in Time

Whatever the cause is for a truck accident involving an issue with the brakes, there should be no reason why an individual does not receive payment for their injury. Bad brakes, or bad braking techniques, are negligent behavior.

TYPES OF CLAIMS THAT CAN BE BROUGHT ON FROM TRUCK ACCIDENTS INVOLVING BRAKES

Every truck accident is different from the last. Your legal recourse for any money you lose will depend on the circumstances of your specific accident. When someone is killed or receives serious injury from a bad braking truck accident, a personal injury claim can be made against the responsible party for:

  • Negligence
  • Products Liability
  • Wrongful Death

Before you speak to an insurance adjuster or attorney for the company owning the truck that caused your injury, it is imperative that you speak with an attorney who has your interest in mind. Accepting a settlement prior to discussing your case with a truck accident attorney can bar you from obtaining the total amount of money that is owed to you.

Injuries from a truck accident can change a person’s life forever. Hospital bills, property damage, and possible lost wages are damages that can pile up very quickly without adequate legal representation. Call the truck accident attorneys of Madalon Law today to speak with an attorney who understands how to approach a personal injury claim. The consultation you receive is absolutely free, and you pay nothing unless we win.

The truck accident attorneys at Madalon Law understand the intricacies and efforts needed to make sure all negligent parties are held liable. Choosing the right truck accident firm can be the difference between an incredibly large settlement – and no settlement at all.

Overweight and Overloaded Trucks

CONTROLLING A LARGE TRUCK ON THE ROAD IS DIFFICULT ENOUGH. ADDING EXCESSIVE WEIGHT ONLY CREATES A MORE DANGEROUS SITUATION FOR EVERYONE

There are regulations in place that limit the amount of weight a truck is permitted to carry. For each axle on the truck, a weight limit of twenty thousand pounds is the max that can be transported. When trucks are overloading and exceed regulated weight limits, accidents are more prone to occur.

The Miami Florida truck accident attorneys at Madalon Law handle every type of personal injury claim, and they know exactly how to take on truck accident cases due to overloaded and overweight trucks. Contact us for a free consultation and we will gladly go over your case with you

THE RISKS CREATED BY OVERWEIGHT AND OVERLOADED TRUCKS

Owners of trucks are the responsible parties for making sure that the nationally recognized truck weight limit is complied with. When owners disregard these weight limits, hazardous conditions are created for the truck driver and everyone else who shares the roadways. Truck accidents due to balancing the cargo’s weight, putting on too much cargo weight, or altogether failing to weigh the amount of cargo, are things that do not take extensive amounts of time to do and can work as preventatives to causing these types of accidents.

The experienced Miami FL truck accident attorneys and legal team at Madalon Law understand what causes truck accidents. When a person is injured because of an overloaded or overweight truck, Madalon Law makes sure that the party, who is responsible, is held accountable for their negligence.

WHEN TRUCKS ARE OVERLOADED

Truck accidents in general are some of the worst types of accidents on the roads. The amount of damage that can be caused when a truck is involved in an accident with another vehicle is horrific. Overloaded trucks have many issues that present themselves to truck drivers on the road. These issues can be the cause of an accident, and some of them include:

  • Problems Stopping/Braking Up and Down Hills
  • Excessive Pressure on Tires / Blowouts
  • Problems Steering with More Rear-Weight Trucks
  • Heavier Trucks Make Damage to Other Vehicles Greater
  • Roller Overs are More Common

Though weight stations are generally located throughout a truck driver’s route along the highways they travel, it is often times the case that they are closed. Even when a truck driver passes an open station, the penalty is not much more than a citation, and then they are permitted to proceed without having to do anything regarding the weight of their load.

TRUCK ACCIDENT VICTIMS NEED TO SPEAK TO AN ATTORNEY

Overweight and overloaded trucks created horrible problems among motorists on the road. If you have a loved one, or you yourself have been injured because of a truck accident, a personal injury lawsuit may be filed on your behalf in order to recover any money lost as a direct result.

Speaking to a skilled truck accident attorney will allow you to understand all of your legal options. The injury attorneys of Madalon Law will guide you through the entire process so you are as comfortable as possible in your pursuit of just compensation. We are based out of Fort Lauderdale and fight for the rights of the injured throughout the state of Florida. If transportation is a problem, then one of our truck accident attorneys will gladly come to you.