Category Archives: Truck Accidents

Employers: It’s Drive Safely Work Week (DSWW)

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Drive Safely Work Week™ (DSWW) is happening now from October 2-6! 

The campaign, sponsored by NETS (Network of Employees for Traffic Safety), is designed to guide employers across the country as they encourage their employees to focus on safe driving.  The campaign is about eliminating distracted driving, reducing the risk of accidents, and saving lives.

As you probably know, distracted driving affects your reaction time and your ability to drive safely.

In 2015, nearly 3,500 people were killed in accidents involving distracted drivers.[1]  At least 14% of these accidents involved cell phone use, although the actual percent is probably higher due to underreporting.

Crashes also cost employers billions of dollars each year.  In 2013, vehicle crashes cost employers over $37 billion. In a 2015 NETS report, distracted driving alone cost employers over $8 billion.  In addition, vehicle accidents cost employers over 1.6 million of lost work days.[2]

NETS offers the following recommendations for employees across the country:

  • Take a moment to get focused and calm your mind before driving. 
  • Figure out your route before you start driving.  If necessary, set up any navigation devices with oral instructions before moving the vehicle.
  • Change up your route so that commuting is not boring.
  • Don’t be tempted!  Simply turn your phone OFF while driving.  Keep it out of sight by placing your device in the center console or glove compartment.
  • Watch ahead but also check the mirror frequently to stay alert and keep your mind focused.
  • Keep a safe distance between vehicles.  Keep at least 3 -4 seconds following distance in good weather and more in poor weather conditions, allowing for more reaction time.
  • Ask others if they are driving before speaking with them.  If the answer is yes, call them back when they reach their destination.
  • Help others avoid the temptation:  do not text someone if you know they are driving.

If you are an employer with a fleet of vehicles, register at trafficsafety.org and start helping your employees become safer drivers today.

Goldman & Daszkal, P.A.

Since 1990, Goldman & Daszkal, P.A. has provided reputable legal representation to people throughout the state of Florida.  The firm has helped thousands of individuals recover compensation from motor vehicle and boating accidents, slip and fall accidents, product defect and liability cases, pharmacy errors, and negligent security cases to cover medical expenses, pay bills, take care of their families, and return to work.  Goldman & Daszkal, P.A. can help you get the relief you need to start living your life again after a serious injury.  For a free and confidential consultation, contact Goldman & Daszkal, P.A., at (954) 428-9333.

[1] trafficsafety.org

[2] trafficsafety.org

Spinal Cord Injury Awareness Month

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The Statistics

According to the National Spinal Cord Injury Statistical Center (NSCISC), each year there are nearly 17,000 new cases of spinal cord injuries.  In the United States, the NSCISC estimates that there are between 243,000 and 347,000 individuals living with spinal cord injuries.  Damage caused by spinal cord injuries can lead to paralysis and can be life-threatening.

While the cause of spinal cord injuries is varied, motor vehicle crashes are the single leading cause of spinal cord injuries.  Estimates show that 46% of new spinal cord injuries are caused by motor vehicle accidents each year.  Additionally, 22% are caused by falls, 16% by acts of violence including gunshots, and 12% by severe injuries while playing sports.

National Spinal Cord Month

September is National Spinal Cord Injury (SCI) Awareness Month.  The bill that created the national awareness month was sponsored by Florida Senator Marco Rubio and was designed to increase public awareness around the prevalence of spinal cord injuries, support and treatment for those with spinal cord injuries, and to highlight the successes of those living with spinal cord injuries.

Each of us can spread the word and increase public awareness of spinal cord injuries.  Acknowledging someone with a spinal cord injury and joining a support group such as the National Spinal Cord Injury Association’s United Spinal Team Advocacy Group can benefit thousands of injured people in the United States.  Donating to charities that support research and treatment for spinal cord injuries is another great way to help.  You can learn more about charities that benefit individuals with SCI by visiting the Christopher and Dana Reeve Foundation at https://www.christopherreeve.org and the National Spinal Cord Injury Association at https://unitedspinal.org/.

A good source of information for active wheelchair users is called New Mobility by the United Spinal Association.  New Mobility aims to provide wheelchair users with important information about advocacy, travel, employment, and relationships, and can be found at http://www.newmobility.com/.

Spinal Cord Injury Prevention

In order to help prevent spinal cord injuries, we recommend that you and your loved ones use properly installed child restraints, wear seat belts, avoid distractions such as cell phone use, and never use drugs or alcohol while driving a motor vehicle.  In addition, be sure to keep your home free of hazards and debris to avoid slips and falls in the house.  Installing handrails on staircases helps avoid falls on  stairwells.  Next, avoid extreme and dangerous sports!  Take time to review the pool depth before diving and confirm that it’s at least 10 feet deep.  Finally, never move an individual that you think may have a spinal cord injury.  Call 9-1-1 for help.

Goldman & Daszkal, P.A.

Since 1990, Goldman & Daszkal, P.A. has provided reputable legal representation to people throughout the state of Florida.  The firm has helped thousands of individuals recover compensation from motor vehicle and boating accidents, slip and fall accidents, product defect and liability cases, pharmacy errors, and negligent security cases to cover medical expenses, pay bills, take care of their families, and return to work.  Goldman & Daszkal, P.A. can help you get the relief you need to start living your life again after a serious injury.  For a free and confidential consultation, contact Goldman & Daszkal, P.A., at (954) 428-9333.

 

Florida Commercial Carrier Trucking Accidents

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There are over 34 million registered commercial trucks on our highways and roads throughout the U.S.  Commercial trucking companies employ over 7 million people and these commercial carriers travel over 280 billion miles and move over 70% of the nation’s freight by weight.  [1]  With this large number of heavy vehicles on our roadways in addition to millions of other motor vehicles of all shapes and sizes, commercial carrier drivers and personal drivers need to be cautious, especially in poor weather conditions.

According to the National Highway Traffic Safety Administration (NHTSA), approximately 100,000 large trucks (defined as gross vehicle weight rating of over 10,000 pounds) or bus accidents occur annually in the U.S.  [2]

Commercial carriers are governed by the Federal Motor Carrier Safety Regulations.  The regulations are complex, and experienced attorneys work on behalf of the commercial trucking companies.  After a commercial trucking accident, the attorneys that work on behalf of the commercial trucking company evaluate the driver’s schedule to ensure he or she was following procedure, and they may contact the accident victim in an attempt to convince him not to file a lawsuit. If you were in a collision with a commercial truck or bus, follow these recommendations:

  • Call 911 immediately to request emergency medical services.
  • Provide a summary of the accident and injuries to police and EMS/Fire Rescue.  Ask for the police accident report and case number.
  • Once you’ve received medical treatment, take photos of the vehicle damage and the positioning of the truck (including license plate).  Take notes on what happened, the road conditions, and vehicle condition.  Get the names, addresses, and telephone numbers of any witnesses.
  • Once you leave the accident scene or the hospital, contact an experienced attorney such as Goldman and Daszkal, P.A. at (954) 428-9333 for a free consultation.
  • Contact your insurance company to report that you were in a vehicle accident.  IMPORTANT:  Set up your claim by providing a summary of the accident and location of your injury.  DO NOT allow them to take a recorded statement.  Do not discuss the accident details nor fault with anyone else. 
  • Avoid answering calls that are not from your ACTUAL LAWYER. Representatives for the commercial carrier may attempt to contact you.  DO NOT DISCUSS ANYTHING about the ACCIDENT.  Soliciting accident victims is illegal!
  • When you meet with your attorney, bring the photos, notes, witness contact information, case number, police accident report, and any communications you received from insurance companies. Additionally, bring any bills related to EMS, hospitals, healthcare professionals, medicines or medical treatment that you received since the accident as well as damage estimates or receipts from vehicle repairs.

Whether you were in a crash with a bus or a commercial carrier (also known as an 18-wheeler truck, tractor-trailer, delivery truck, or truck and trailer), you need an experienced attorney who understands the intricacies of dealing with these large commercial carrier companies, the Federal Motor Carrier Safety Regulations, Florida state laws, and has expertise in dealing with commercial carrier legal cases.

Since 1990, Goldman & Daszkal, P.A. has provided reputable legal representation to people throughout the state of Florida.  The firm has helped thousands of individuals recover compensation from motor vehicle and boating accidents, slip and fall accidents, product defect and liability cases, pharmacy errors, and negligent security cases to cover medical expenses, pay bills, take care of their families, and return to work.  Goldman & Daszkal, P.A. can help you get the relief you need to start living your life again after a serious injury.  For a free and confidential consultation, contact Goldman & Daszkal, P.A., at (954) 428-9333.

 

[1] American Trucking Association  http://www.trucking.org/News_and_Information_Reports_Industry_Data.aspx

[2] National Highway Traffic Safety Administration  https://www.nhtsa.gov/research-data

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The More You Know: Headaches After Accidents

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Vehicle crashes occur daily on our busy South Florida roads.  Unfortunately, injuries and even fatalities are often the result of these automobile accidents throughout the state of Florida.

Sometimes the collision results in what may appear to be only very minor or no apparent injuries.  In fact, those with head and neck injuries may experience delayed pain…feeling the damage only hours or days after the accident.  Whiplash symptoms may take days to materialize because adrenaline and cortisol flowing through your body right after the accident can mask the pain, allowing your brain to move beyond pain and respond to what it perceives as danger.  When the adrenaline and cortisol begin to dissipate in your system, the swelling and pain caused by the injury become apparent.

Brain injuries can cause severe, long-lasting damage.  Traumatic brain injuries (TBI) can be caused by a strong jolt to the head.  Traumatic brain injuries most often arise from injuries such as skull fractures and concussions, however, they may also come about from other less apparent trauma to the head.  Resulting health repercussions may include headaches, mood changes, sleep disorders, difficulty concentrating, memory problems, nausea, loss of coordination, speech or vision problems, and comas.  Traumatic brain injuries often require a high level of care, rehabilitation, and ongoing medical treatment.  Sadly, some accidents leave victims unable to care for and/or support themselves.

Individuals often assume that if they did not seek medical attention promptly after a vehicle accident, they are no longer entitled to obtain medical treatment paid for by an insurance company.  Under the Florida no-fault law, motorists may be entitled to benefits under their own insurance policy, or that of the vehicle they are a passenger, if treatment is received within 14 days after the accident.  The amount of coverage and benefits may differ as well depending on the severity of the injuries.

Generally speaking, you should always seek medical treatment promptly after an automobile collision if you feel you have sustained injuries.  If the medical problem is urgent, call 911 or go immediately to the ER.  If the injury is not an emergency, call your insurance company to report the accident and make sure they are aware you plan on seeing a medical professional.  Make sure to let your doctor know that you were involved in an auto accident and provide them with any claim information so their office can submit any bills and reports timely.

Once you receive medical treatment, we recommend that you find an experienced personal injury attorney to represent you and recover any lost wages and injury compensation to which you are entitled.  Goldman and Daszkal, P.A., is a reputable Florida based law firm and has been representing those injured in auto accidents and other personal injury claims for the past 27 years

When you contact Goldman & Daszkal, P.A., the firm will provide a free consultation to help you understand your rights and obligations.  A firm representative can meet with you at the law office or at a convenient location for you.  Then, your attorney can then take over the handling of your claim and contacting any remaining parties, allowing you to have peace of mind while you recover.  Since 1990, Goldman & Daszkal, P.A. has provided reputable legal representation to people throughout Palm Beach, Broward, and Miami-Dade Counties.  For a free and confidential consultation, contact Goldman & Daszkal, P.A., at (954) 428-9333.

 

 

Defective Vehicles: Faulty Air Bags & Key Ignitions

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Wrecked car with opened airbags after accident

Wrecked car with opened airbags after accident

In 2014, General Motors (GM), recalled over 30 million cars and trucks.  The recalls were issued for a number of reasons, including defective vehicles with faulty designs of side airbags and defective exhaust parts that can overheat, sparking a fire.  However, the most notorious GM recall affected over 2.5 million cars and was caused by an ignition switch design flaw that was tied to over 50 deaths and thousands of serious injuries.  Engineers concluded that a design problem could cause the ignition switch to move from the “run” to the “off” position while the car was moving.  If the ignition went into the “off” position, the power steering would turn off and disabled the airbags, causing the unsuspecting driver to lose control of the car.

GM has faced multiple class action lawsuits related to the faulty ignition switch and GM’s alleged knowledge of the problem.  More specifically, these lawsuits allege that GM waited several years after the problem was detected before initiating a recall.  If GM would have alerted vehicle owners right away, it could have prevented numerous injuries and deaths connected to the ignition problem.

Since 2014, GM has replaced millions of faulty components including ignition switches in affected vehicles.  The company also set aside over $600 million for victims, although this is unlikely to provide the proper compensation for victims.  Affected individuals have the right to file personal injury lawsuits for medical and hospital expenses, past and future lost earnings due to injuries, pain and suffering, and punitive damages in the case of egregious wrongdoing.

Automobile manufacturers are legally obligated to manufacture and sell vehicles free from any known defects.  If a defect is detected, it must be corrected quickly and completely. If a company withholds critical safety information or  circumvents government safety guidelines by selling a vehicle with known defects, the manufacturer can and should be held liable for injuries or death linked to the vehicle defects.

Visit www.safercar.gov, a NHTSA website, to check if your car has been included in a recall.  You will simply need the VIN number of your vehicle.  If your vehicle has been recalled, promptly contact the dealer and schedule a service appointment.  If your vehicle is part of the GM recall, remove any extra weight from the ignition key (extra keys, special key chains, etc.) prior to driving the vehicle.

If you or a family member has suffered injuries or death related to a faulty component in a vehicle or a recalled car or truck, Goldman & Daszkal, P.A.  can help.

Goldman & Daszkal, P.A.

Since 1990, Goldman & Daszkal, P.A. has provided reputable legal representation to people throughout Palm Beach, Broward, and Miami-Dade Counties.  The firm has helped thousands of individuals recover compensation from motor vehicle and boating accidents, slip and fall accidents, product defect and liability cases, pharmacy errors, and negligent security cases to cover medical expenses, pay bills, take care of their families, and return to work.  Goldman & Daszkal, P.A. can help you get the relief you need to start living your life again after a serious injury.  For a free and confidential consultation, contact Goldman & Daszkal, P.A., at (954) 428-9333.

Give School Buses a BRAKE

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Beginning on the 19th of August, the 2016 national enforcement campaign “Drive Sober or Get Pulled Over” will launch across the country.   Enforced through early September, this safety campaign is designed to target drunk driving – one of the deadliest yet preventable crimes.  Drunk driving is a serious safety problem in Florida and the rest of the U.S.

August through September is also the timeframe when most schools across the country resume class and school buses are out on the roads.

The National Highway Traffic Safety Administration (NTSA) has stated that nearly 1/3 of school-age children killed in school transportation-related accidents (2003-2012) were hit by other vehicles on the road.  School bus safety stopping laws haves become an important measure to protect our children. Stopping laws dictate required vehicle stopping near any stopped school bus as well as penalties for any violation.

In a nutshell, all drivers should stop immediately when they see a school bus with lights flashing and/or a “stop” sign out and never pass a school bus that’s loading or unloading students.  Drivers must obey all local laws, signs, and speed limits, and follow these important safety guidelines:

  • Slow down, be alert, and drive with caution near schools, residential neighborhoods, and bus stops.
  • Be extra careful and stop near any school bus with red flashing lights or an extended “STOP” arm. Either of these signals mean students are either boarding or exiting a bus.
  • Drivers in both directions must stop near any school bus loading or unloading in a parking lot, on or near school property, on a highway or multilane road, on a two-lane road or a divided roadway with no median.  Always give the bus extra space and be prepared to stop suddenly.
  • School buses stop at railroad crossings; be aware and ready to stop.
  • If a school bus has another bus in front of it, be prepared to stop.
  • Watch for children on or near the road in the morning and after school.
  • When driving near school zones or crosswalks, do not pass other vehicles nor change lanes or make U-turns. Watch for and obey signals from school crossing guards.
  • Never text or use a cell phone while driving.

If you, a family member, or a friend has been involved in a school bus or other motor vehicle accident, Goldman & Daszkal, P.A. can help.

For more information on school bus safety, visit www.FloridaSchoolBusSafety.gov.

Goldman & Daszkal, P.A.

Since 1990, Goldman & Daszkal, P.A. has provided reputable legal representation to people throughout Palm Beach, Broward, and Miami-Dade Counties.  The firm has helped thousands of individuals recover compensation from motor vehicle and boating accidents, slip and fall accidents, product defect and liability cases, pharmacy errors, and negligent security cases to cover medical expenses, pay bills, take care of their families, and return to work.  Goldman & Daszkal, P.A. can help you get the relief you need to start living your life again after a serious injury.  For a free and confidential consultation, contact Goldman & Daszkal, P.A., at (954) 428-9333.

school-bus-line-up

Traffic Fatalities in Florida: On the Rise

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MyCar

Despite numerous driving safety campaigns across the country and the integration of new vehicle safety technology, traffic fatalities in the U.S. increased by 8% in 2015 over 2014.  According to the National Safety Council (NSC), over 38,000 people were killed and 4.4 million were seriously injured on U.S. roadways last year.  This represents the largest year-over-year increase in 50 years,[1] and reverses a longer decreasing trend of motor vehicle deaths.

What is even more exasperating is that the increase in motor vehicle deaths in Florida was more than double the U.S. average, at 18%.  Florida ranked #3 for largest increase in traffic fatalities, following Oregon and Georgia.  Meanwhile, thirteen states, including New Mexico and Kansas, actually showed improvement in traffic fatalities with significant decreases in 2015 over 2014.[2]

While further research is needed to understand the detailed causes, the NSC notes that “while many factors likely contributed to the fatality increase, a stronger economy and lower unemployment rates are likely at the core of the trend. Average gas prices were 28% lower in 2015 than in 2014 and are projected to continue dropping this year, making driving more affordable for many Americans.” [3] People are driving more miles.  In fact, the Department of Transportation estimated that motorists drove an average of 3.5% more miles in 2015 than 2014.

Based on safety tips developed by NSC, we also recommend the following to help make daily driving a safer activity:

  1. Always buckle up!
  2. Get enough sleep; take breaks if needed.
  3. Set up any navigation systems before leaving home; avoid touching systems while driving.
  4. Avoid using a cell phone or any electronic device when driving (even hands-free).
  5. Find a designated driver (alcohol- and drug-free) or find another safe option to get home.
  6. Pay careful attention to teen drivers, as they are at higher risk of causing a crash.
  7. Read “My Car Does What“, a website developed by NSC to help drivers understand newer vehicle features including adaptive cruise control and backup cameras.

If you, a family member, or a friend has been injured in a motor vehicle accident, Goldman & Daszkal, P.A. can help.

For more information on driving safety, visit the National Safety Council website at nsc.org.  To understand the newer safety systems in your car, check out mycardoeswhat.org.

Goldman & Daszkal, P.A.

Since 1990, Goldman & Daszkal, P.A. has provided reputable legal representation to people throughout Palm Beach, Broward, and Miami-Dade Counties.  The firm has helped thousands of individuals recover compensation from motor vehicle and boating accidents, slip and fall accidents, product defect and liability cases, pharmacy errors, and negligent security cases to cover medical expenses, pay bills, take care of their families, and return to work.  Goldman & Daszkal, P.A. can help you get the relief you need to start living your life again after a serious injury.  For a free and confidential consultation, contact Goldman & Daszkal, P.A., at (954) 428-9333.

[1] http://www.nsc.org/Connect/NSCNewsReleases/Lists/Posts/Post.aspx?ID=103

[2] http://www.nsc.org/Connect/NSCNewsReleases/Lists/Posts/Post.aspx?ID=103

[3] http://www.nsc.org/Connect/NSCNewsReleases/Lists/Posts/Post.aspx?ID=103

Guardrail Collisions in Florida

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Over the last decade, guardrail collisions have become a growing source of injuries and death on U.S. roadways. 

Guardrails

Guardrails are metal barriers designed to prevent drivers from going off the road.  Typically, guardrails are used on the shoulder of the road near steep drop offs, rough terrain, or heavy traffic moving at high speeds.  

Dangerous Guardrails

Although guardrails are designed to protect motorists from going off the road, some poorly designed guardrails have been the cause of serious injury or death.  Properly designed guardrails deflect vehicles, absorb the speed from a collision, and act as a barrier.  However, poorly designed or defective guardrails can function like a spear, slicing into the vehicle and causing serious damage to those inside.  One type of guardrail known as ET-Plus, made by Trinity Industries, has been implicated in many lawsuits throughout the U.S. over the last decade.  The ET-Plus guardrails should sweep vehicles to the side upon impact, but according to reports,  these guardrails allegedly cause the rails to pull up, piercing through the front of the vehicle.

If you, a friend, or a family member has been seriously injured after colliding with a guardrail, we can help.  If the injuries were the result of defective guardrails, we will hold the appropriate companies responsible as we fight to obtain proper compensation for medical bills and other losses.  

After a vehicle accident, it’s normal to feel overwhelmed and to have lots of questions.  We can start by answering your questions.  Goldman & Daszkal, P.A.  (954) 428-9333

Goldman & Daszkal, P.A.

Since 1990, Goldman & Daszkal, P.A. has provided reputable legal representation to people throughout Palm Beach, Broward, and Miami-Dade Counties.  The firm has helped thousands of individuals recover compensation from motor vehicle and boating accidents, slip and fall accidents, product defect and liability cases, pharmacy errors, and negligent security cases to cover medical expenses, pay bills, take care of their families, and return to work.  Goldman & Daszkal, P.A. can help you get the relief you need to start living your life again after a serious injury.  For a free and confidential consultation, contact Goldman & Daszkal, P.A., at (954) 428-9333.

 

“MOVE OVER!” It’s the LAW

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moveover.logoEnacted in 2002, the “Move Over” law is one of the most important yet lesser known laws for U.S. roadways.  The law requires all drivers to move over or slow down when approaching any emergency vehicle using a visual signal and that is stopped, parked or next to a roadway.  If you are driving near an emergency vehicle, the law requires you to change lanes to move away from the emergency vehicle or, if unable to make a lane change, slow down considerably to a reasonable speed considering factors such as weather and road conditions.

More specifically, The Florida Department of Highway Safety and Motor Vehicles has published the following “Move Over” requirements for all drivers:

Multi-Lane Roadway:

  • “Drivers must vacate the lane closest to the stationary emergency vehicle, tow truck, sanitation, or utility vehicle. (Always signal your intention to change lanes.)
  • Drivers must slow down to a speed of 20 mph below the posted speed limit if they cannot move over safely.
  • Drivers who are not in the lane closest to the stationary vehicle should be prepared to allow those who are to move over into their lane.”[1]

Two-Lane Roadway:

  • “Drivers must slow down to a speed of 20 mph below the posted speed limit.
  • If the speed limit is 20 mph or less, drivers must travel at 5 mph.”[2]

The first “Move Over” law was enacted in South Carolina after a paramedic was hit by a vehicle while providing care to someone who was in a crash.   Sadly, each year other paramedics and law enforcement officers are killed while they are responding to traffic-related incidents.

In Florida during 2013 there were more than 130 crashes caused by motorists who violated the “Move Over” law.  Of the 130 crashes, 81 resulted in injuries and 2 resulted in deaths. [3]  In the U.S. during 2003 -2012, 1,540 officers were killed while on duty, with nearly half of them killed in traffic incidents.[4]

Unfortunately, misinformed drivers think “moving over” is an optional courtesy.

It’s not.    It’s the law.

If you have a question about the “Move Over” law, violation of the law, or a Florida roadway vehicle crash, we can help.  Goldman & Daszkal, P.A.  (954) 428-9333

June Move Over_Infographic_121814_v5_tag

Goldman & Daszkal, P.A.

Since 1990, Goldman & Daszkal, P.A. has provided reputable legal representation to people throughout Palm Beach, Broward, and Miami-Dade Counties.  The firm has helped thousands of individuals recover compensation from motor vehicle and boating accidents, slip and fall accidents, product defect and liability cases, pharmacy errors, and negligent security cases to cover medical expenses, pay bills, take care of their families, and return to work.  Goldman & Daszkal, P.A. can help you get the relief you need to start living your life again after a serious injury.  For a free and confidential consultation, contact Goldman & Daszkal, P.A., at (954) 428-9333.

[1]  https://www.flhsmv.gov/2015/01/13/slow-move-save-life/

[2] https://www.flhsmv.gov/2015/01/13/slow-move-save-life/

[3]  https://www.flhsmv.gov/2015/01/13/slow-move-save-life/

[4] The National Highway Traffic Safety Administration (NHTSA) http://www.trafficsafetymarketing.gov/MoveOver

Public Transportation Accidents in Florida – What You Need to Know

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You may not have noticed, but there are several forms of public transportation that make up a large base of our South Florida traffic.  In fact, last school year there were 1,220 school buses on the Miami roads transporting nearly 60,000 students to and from Miami-Dade Public Schools each day.[1]  In addition, combining all three major modes of public transportation in Miami-Dade —  the Metromover, Metrobus, and Metrorail, Miami-Dade County Transit maintained monthly ridership at  over 8 million in October and November, 2015.[2]   That’s a lot of public transportation!  With so many buses on the road amidst South Florida drivers rushing to work, it’s a blessing that there are not more accidents involving public transportation vehicles.

But what happens after a bus is involved in an accident?  

When a bus is involved in an accident, first and foremost, call 911 and immediately seek medical help.  Then, answer any questions EMS has for you, and take pictures and notes of the accident, if possible.  Next, contact Goldman & Daszkal, P.A. to review any claims you may be entitled to make.

Your attorney will be able to discuss your specific circumstances in more detail.  In the meantime, the following information may help you better understand the situation.

What is the “Common Carrier Law”?

The “Common Carrier Law”, is actually a doctrine applied by the courts in the state of Florida that holds public transportation to a higher level of care than drivers of passenger vehicles.  Buses and other commercial vehicles often must follow slower speeds.  Some states have special laws for turning and passing in commercial vehicles.  Drivers must pay acute attention to driving, foregoing conversations with passengers.  Most states have a maximum number of hours that drivers can operate commercial vehicles.  If proven, crashes that involve violations of any of these laws by drivers of public transportation vehicles may result in driver negligence, consequently leaving the driver, employer, and bus owner legally responsible to any injured victims.  However, other potential causes for the crash including maintenance issues may also be at play.

Why would an accident involving municipal public transportation potentially result in a complex lawsuit?

Complex litigation may be necessary due to the common carrier doctrine  as well as the potentially numerous plaintiffs and defendants, statutory guidelines and restrictions, insurance coverage, as well as other issues that may typically arise.

What about PIP coverage? 

If you were injured while riding in public transportation, you may be entitled to make a claim against the transportation company.  But in Florida, Personal Injury Protection (PIP) will not apply if you were injured while traveling on the public county or city bus.  PIP may apply if you were injured while in a vehicle that was hit by a public bus or school bus or if you were injured while riding on a school bus.

Who can help?

Personal injury attorneys at Goldman & Daszkal, P.A. can help you evaluate your legal claim, submit and process your claims within the legal deadlines, and navigate the complexities of Florida law.  While your attorney directs your case, you can focus on healing.

If you were injured while riding in or school bus, county or city bus, train or tram, or as the result of a crash with a school bus or public transportation vehicle, the experienced attorneys at Goldman & Daszkal, P.A. can help.

Goldman & Daszkal, P.A.

Since 1990, Goldman & Daszkal, P.A. has provided reputable legal representation to people throughout Palm Beach, Broward, and Miami-Dade Counties.  The firm has helped thousands of individuals recover compensation from motor vehicle and boating accidents, slip and fall accidents, product defect and liability cases, pharmacy errors, and negligent security cases to cover medical expenses, pay bills, take care of their families, and return to work.  Goldman & Daszkal, P.A. can help you get the relief you need to start living your life again after a serious injury.  For a free and confidential consultation, contact Goldman & Daszkal, P.A., at (954) 428-9333.

 

[1] http://www.miamidade.gov/transit/library/rtr/2015-11-Ridership-Technical-Report.pdf

[2] http://dot.dadeschools.net/