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Will my case settle or go to trial?  This is a question commonly asked by truck accident clients at the beginning of their case.  When it comes to commercial truck accident cases, as well as most personal injury actions, the majority of cases will settle before going to trial.  While experts disagree on the exact figure, many claim that nearly 95 percent of all cases end in a settlement.  There are several reasons why settlements are the number one choice of both plaintiffs and defendants in most truck accident cases.  Our Miami truck accident lawyers  have provided some reasons as to why most truck accident cases settle:

Both Parties Will Generally Benefit From Reaching a Settlement

            As the case progresses, both sides will complete investigations and generate a value for the case well in advance of trial.  Attorneys will generally evaluate the case using similar methods and reaching figures that are substantially the same.  When both sides reach valuations that are quite close, there is little reason to proceed to trial as both agree as to the value and potential for success of the case.  By settling, both parties avoid the expense and the time commitment of a trial.

Settlement Removes the Surprises

            Settling has the benefit of removing the element of surprise for both parties.  For the plaintiff, going to trial brings with it the risk of walking away with nothing.  For this reason, many plaintiffs see the benefit of accepting a favorable settlement that provides guaranteed compensation.  The defendant sees similar benefits in that they risk losing more in a trial.

Settlement Allows All Parties to Avoid a Lengthy Trial

            Preparing for and conducting a trial can take months and occasionally even years if appeals are involved.  For the plaintiff, this equates to months spent waiting for their needed compensation.  It could involve out of pocket payment for medical expenses and surgeries.  For the defendant, the trial process will involve considerable legal expenses.  Settlement negotiations offer a way for both sides to avoid the lengthy and costly trial process.

It Will Be Necessary for Some Cases to Go to Trial

            For the reasons set out above and many others, most truck accident cases will settle out of court.  Settlement negotiations will often be complex and high stakes, especially when the trucking company is involved.  You will need a strong truck accident attorney with excellent negotiation skills to reach your best settlement.

In the minority of truck accident cases, trial will be a possibility.  Most of these cases will involve parties that vary greatly in their valuation of the case.  Your truck accident attorney will assess the case and be able to provide you with a good idea of whether your case could result in a trial or is most likely to end in settlement.

Greenberg, Stone & Urbano, P.A.:  Quality Representation for Truck Accident Victims

It takes the representation of an experienced and skilled truck accident attorney to obtain the full settlement to which you are entitled.  The Miami truck accident attorneys at the law firm of Greenberg, Stone & Urbano, P.A assist countless truck accident victims across the state.  Our attorneys have over 130 years of collective experience and will zealously fight for your full recovery, seeking to obtain favorable settlements or win your case at trial.  Our well recognized excellence has earned us an AV rating from Martindale Hubbell and acknowledgement as one of South Florida’s top-rated firms by the Miami Herald.  Call us at (888) 499-9700 or (305) 595-2400 or visit our website to schedule an appointment so that we can begin fighting for your recovery.

 

 

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Recently, a grandmother was killed in a tragic accident between her car and a semi truck.  The accident happened at NW 79th Street and NW 22nd Avenue, west of I-95 inn NW Miami-Dade.  Family members report that the 61 year old woman leaves behind two adult children and two grandchildren.

According to police reports, the victim was traveling westbound on NW 79th Street in a 2009 Saturn Aura at around 6 a.m. on a Thursday when she attempted to make a left hand turn onto NW 22nd Avenue.  At that moment, she was struck by a tractor trailer traveling eastbound on NW 79th Street.  The 61 year old grandmother died at the scene as a result of her injuries.

Witnesses report the truck driver attempted to stop to avoid the victim, but could not stop in time.  It is not known whether charges may be lodged against the truck driver.

Our Miami truck accident lawyers find that commercial trucks are involved in roughly 400,000 accidents each year.  These massive vehicles claim the lives of almost 5,000 people a year.  Commercial trucks often outweigh passenger vehicles by 20 to 30 times, making any collision between the two vehicles devastating for the car involved.

Miami is home to several large ports and harbors a thriving trucking industry.  As such, truck accidents, such as the accident that claimed the life of the 61 year old grandmother, are commonplace.

Truck Accidents Result in Serious Injuries

            Commercial trucks in Florida often weigh around 88,000 pounds.  When these monstrous trucks crash into a car, the occupants of the car are often seriously injured.  Common injuries include:

  • Traumatic brain injury
  • Head injury
  • Back injury
  • Paralysis
  • Spinal cord damage
  • Neck injury
  • Broken bones
  • Amputation of limbs
  • Disfigurement
  • Loss of body parts
  • Organ trauma
  • Burns
  • Death

Each of these injuries can lead to significant medical expenses, lost wages, pain and suffering, and sometimes, long term rehabilitation.  Commercial vehicle accident victims will require the assistance of an experienced truck accident attorney who will fight for their complete recovery.

Common Causes of Commercial Vehicle Accidents

            Truck accidents can be caused by a variety of factors, with some of the most common including:

  • Speed: Exceeding the recommended speed limit is exceptionally dangerous for truck drivers, as these massive vehicles can easily become impossible to stop in time to avoid an obstacle.  Black box evidence can reveal whether the truck driver was speeding at the time of the accident.
  • Driver fatigue: While the federal government regulates the number of hours a truck driver can spend on the road, many manage to circumvent this requirement in order to increase profitability.  Tired truckers cause thousands of accidents per year.
  • Distracted driving: While operating an 88,000 pound vehicle, distraction can be lethal.  Truckers who use their cell phones, eat while driving, or engage in other distracting behaviors must be held accountable for the damages they inflict.

Greenberg, Stone & Urbano, P.A.:  Experienced Representation for Florida Truck Accident Victims

Truck accidents often result in serious or even fatal injuries.  Massive commercial trucks are common in Miami and the surrounding area.  When these trucks collide with smaller passenger vehicles, the results can be catastrophic.  If you or a loved one is injured in a truck accident in South Florida, the Miami truck accident attorneys at the law firm of Greenberg, Stone & Urbano, P.A can help.  Our attorneys have over 130 years of collective experience and will zealously fight for your full recovery.  Our unsurpassed excellence has earned us an AV rating from Martindale Hubbell and acknowledgement as one of South Florida’s top-rated firms by the Miami Herald.  Call us at (888) 499-9700 or (305) 595-2400 or visit our website to schedule an appointment so that we can begin fighting for your recovery.

 

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For many years, there has been a decrease in the number of truck accidents that resulted in fatalities.  This was attributed to a number of factors, including government regulations that limited the number of hours that a driver could operate a commercial truck during a work week and improvements in safety features.  However, the analysis has been completed on the most recently available data for 2013 and there has been an increase in the number of truck-related accident deaths.  This information was released as part of the motor vehicle crash report issued by the National Highway Traffic Safety Administration (NHTSA) at the end of 2014, which referenced a Safety Fact sheet that contained statistics for a wide range of accidents.

On the roads throughout South Florida, there are many interactions between passenger vehicles and large commercial trucks.  Some of these events lead to devastating injuries and fatalities.  When negligence played a role in the crash, the skilled Miami truck accident lawyers at Greenberg, Stone & Urbano, P.A. have more than 130 years of collective experience in fighting for the compensation that accident victims need to get proper medical care, replace lost wages, and address their pain and suffering.  We will fight to get you the results that you deserve.

The increase in truck-related fatalities was 0.5 percent in 2013 over 2012.  This relatively small uptick in the number of deaths, which totaled 3,964 in 2013, is a concern, but does not indicate a new trend without additional data from subsequent years.  One of the important points to note when looking at the most recent data is that the vast majority of fatalities that happen when there is a crash involving a truck are individuals in other vehicles or otherwise outside the truck.  In 2013, there actually was a decrease in the number of truck occupant deaths, so the total increase was the result of 49 more people dying outside of the truck, referred to as non-occupants.  In fact, more than 80 percent of the overall fatalities resulting from truck crashes are not occupants of the commercial truck.  This is a very clear indicator of the danger that these massive tractor-trailers pose to drivers who share the road with them.

One piece of good news that came out in the most recent report is that there were fewer injuries resulting from commercial truck accidents in 2013.  In 2012, there were 25,000 injuries reported as the result of a truck collision while there only were 24,000 injuries reported in 2013.  The decrease of 1,000 injury victims is important, representing a four percent decrease in the number of people were injured in truck-related accidents, which means that there were a significant number of families who did not have to suffer through the devastating impacts of a commercial truck crash.

Greenberg, Stone & Urbano, P.A. Advocates Zealously for Truck Accident Victims

A person who is injured in a truck-related crash often experiences a life-altering event.  In addition to the medical care and lost wages, because many truck accident victims cannot work, a person may find himself unable to participate in the activities that he enjoyed before the accident. The South Florida truck accident law firm of Greenberg, Stone & Urbano, P.A. knows how far-reaching the devastation can be and strive to get the compensation that a person needs to move forward with his life.  With more than 30 years of experience, our law firm knows how to demonstrate the extent of the loss.  Our commitment to our clients has earned us a peer-reviewed AV rating from Martindale Hubbell, which is the highest rating that a firm can receive.  The Miami Herald also has voted us one of South Florida’s top-rated law firms.  Call us at (888) 499-9700 or (305) 595-2400 or visit our website to schedule an appointment so that we can get to work on your behalf.

 

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There are very few things as scary as sharing the road with a negligent or aggressive driver of a large commercial truck.  One of the ways in which the federal government attempts to limit the number of dangerous drivers on the road is through tracking the safety score for the motor carrier.  The agency that tracks this information is the Federal Motor Carrier Safety Administration (FMCSA).  The data that is collected is compiled as part of the Safety Measurement System (SMS).  The information includes records of safety violations and inspection reports.  If there are a series of moving violations and safety failures, as well as violations relating to Hours of Service (how many hours that a driver can operate a truck each week), then it can lead to a low rating for the motor carrier.

There are many shortcuts that are taken in the trucking industry in order to maximize profits.  When these decisions lead to horrific crashes, the skilled Miami truck accident attorneys at Greenberg, Stone & Urbano, P.A. know how to gather the evidence to demonstrate the culpability of the trucking company, as well as the driver.  Our attorneys have more than 130 years of collective experience in developing effective cases to get compensation for truck accident victims.  It is crucial to do everything possible to limit the number of dangerous trucks on the road to prevent serious accidents.

The FMCSA rating system is used by members of the public, trucking company watchdog groups, and companies that are considering hiring a particular motor carrier for hauling contracts.  It is a valuable tool to track those companies that may not adhere to the right safety standards in order to apply additional pressure to force these individuals and companies to improve their practices.  Now, trucking industry representatives are advocating to hide this data from the public.

The Commercial Vehicle Safety Alliance (CVSA) is a group that advocates on behalf of the trucking industry.  One of its current focuses is lobbying to hide the SMS data from the public, arguing that there is inconsistency between the enforcement of reporting that means some motor carriers are suffering from unfair ratings when compared to other companies whose negative reports do not make it to the compilation system as often.  However, the ratings are only affected by reports of actual safety violations, moving violations, and inspection reports.  Therefore, a low rating is the result of a series of actual infractions, so it does not matter what other motor carriers are doing.  It is not a scale based on comparative wrongful acts.  There is no reason to hide this data other than to conceal which motor carriers have a long history of unsafe practices.

Greenberg, Stone & Urbano, P.A. Fights for Victims of Trucking Industry Negligence

The impact of a commercial truck accident often is extensive and tragic.  When the accident has been caused by the negligence of a driver, the trucking company, or a combination of the two, the South Florida truck accident law firm of Greenberg, Stone & Urbano, P.A. will uncover the evidence necessary to obtain compensation for the victim’s injuries.  With more than 30 years of experience, our law firm has extensive experience in discovering the violations and negligent acts that were the direct and proximate causes of the accident and resulting injuries.  Our diligence has earned us a peer-reviewed AV rating from Martindale Hubbell, which is the highest rating that a firm can receive.  The Miami Herald also has voted us one of South Florida’s top-rated law firms.  Call us at (888) 499-9700 or (305) 595-2400 or visit our website to schedule an appointment so that we can learn about what happened to you and begin to help.

 

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The trucking industry is highly regulated because these large commercial vehicles pose a serious safety risk to other drivers if they are not operated properly.  In order to minimize the risk, there are a number of certifications and background checks that must be done to verify the information that the driver provided.  The documentation related to these issues, including driver records, licensures, criminal history, alcohol and drug use-related records, and other items, must be kept in a driver’s employment file.  This file becomes critically important if there has been an accident.

When a person has been involved in an accident involving a large commercial truck, there often are serious injuries and devastating financial impacts. The skilled Miami truck accident attorneys at Greenberg, Stone & Urbano, P.A. work hard to get the victims of truck driver and trucking company negligence the help that they deserve.   Our attorneys have more than 130 years of collective experience in fighting for the rights of those who were harmed because a trucking company failed to take the right steps to ensure that the drivers on the road were safe.

A person who operates a large tractor-trailer or other commercial truck must have the appropriate skills and qualifications to drive.  When a trucking company hires a driver, it must conduct the appropriate inquiry into the background of the driver to confirm that he possesses the requisite skills.  This includes researching the training that the driver has received, as well as relevant background information.  The documents that are gathered during this search must be kept within an official file known as a driver qualification file.  The file should contain:

  • The driver’s initial application for employment;
  • A comprehensive report of the motor vehicle record for the driver. This record should be obtained within 30 days of the hiring of the driver;
  • The licensing documents for the driver, including certifications, a CDL, and other related documents;
  • A thorough background investigation;
  • Specific documents that are based on the hiring date of the driver, which may include employment verifications going back three years or performance records from DOT-regulated trucking companies for a period of three years prior to the hiring of the driver;
  • Documents relating to the medical fitness of the driver;
  • An annual review of the driver’s operational abilities;
  • A report on any and all moving violations (both personal and while operating the truck) for each year that the driver operates a truck for the motor carrier;
  • Any specialized certificates; and
  • Any other documents relating to the driving prowess of the individual.

After there has been an accident, this official file becomes very important.  There are times when a trucking company hired someone who never should have been given the responsibility of operating a massive truck.  Although the driver may negligently have caused the accident that injured a victim, the trucking company may share in that negligence if they did not take the proper steps to confirm that the driver had the right background.

Greenberg, Stone & Urbano, P.A. Represents the Interests of Truck Accident Victims

Commercial truck accidents leave massive devastation in their wakes.  In order to get the victims of these collisions the compensation that they need, the South Florida truck accident law firm of Greenberg, Stone & Urbano, P.A. investigates every aspect of the case, from the events of the accident to the background of the driver.  There are times when it makes sense to include the trucking company in the legal action, especially if the trucking company failed to conduct a proper background check or intentionally concealed negative information in order to get another driver out on the road.  With more than 30 years of experience, we know how to gather the necessary evidence to build a strong case.  We have earned a peer-reviewed AV rating from Martindale Hubbell, which is the highest rating that a firm can receive.  The Miami Herald also has voted us one of South Florida’s top-rated law firms.  Call us at (888) 499-9700 or (305) 595-2400 or visit our website to schedule an appointment so that we can get to work for you.

 

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Most people never have to face the seemingly indomitable obstacle of how to get through a serious accident, but when there has been a crash resulting in devastating injuries, it may seem like an impossible task. This may be compounded when the accident involves a commercial truck because of the complexities of bringing an action against both an individual and a trucking company, but there is help out there for injured victims and their families.

The skilled Miami truck accident attorneys at Greenberg, Stone & Urbano, P.A. understand the tremendous pain and suffering, as well as the logistics, which are present after a truck accident. With more than 130 years of collective experience representing truck crash victims, our attorneys are prepared to alleviate the burden by fighting for you while you focus on recovery.

Although there will be great hurdles, there is a way to get through the process with the compensation that is necessary to deal with the consequences of the collision. One of the first things to do is to gather as much evidence as possible, as quickly as possible. The immediate priorities include:

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Although residents of South Florida were not experiencing the winter weather that led to the pile-up, most people saw news reports about the massive accident involving approximately 100 vehicles on an ice and snow covered road in Michigan in early January. Although these weather conditions are not likely to be present here anytime soon, the danger of a multi-vehicle accident involving semi-trucks is very real for drivers traveling throughout the region. Just recently, three tractor-trailers were involved in a chain-reaction accident where the driver of the third truck could not stop, resulting in serious injuries for one driver. If there had been a passenger vehicle involved in the pile-up, the results could have been even more tragic.

Vehicle collisions involving large trucks nearly always result in one or more people being seriously injured because of the size and weight of the trucks. The recovery process for these victims is long and arduous. If you or a loved one has been injured or killed as a result of a truck accident, the skilled Miami truck accident lawyers at Greenberg, Stone & Urbano, P.A. will work to obtain the compensation that you need to move forward from the accident. Our dedicated attorneys have more than 130 years of collective experience in representing truck accident victims successfully.

The multiple truck crash that occurred on Interstate 95 in Johns County involved a FedEx truck that collided with another vehicle in late January 2015. The cause of the accident was still under investigation, according to the news report. The driver of one of the trucks involved in the initial impact was taken to the hospital with serious injuries. Unfortunately, the driver of a third truck was unable to stop in time after seeing the crash and struck one of the trucks, compounding the severity of the initial crash. Part of the reason for the third vehicle’s inability to stop in time was attributed to the fact that the accident occurred at 5:00 AM and the driver of the third truck could not see the accident until it was too late. The road was blocked by debris from the accident for some time after the wreck and several lanes of I-95 remained closed for hours. This type of crash is a real danger for drivers who travel the roadways throughout South Florida.
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For many people, there is a time when they will need to rent a large truck, whether this is to move from one place to another, pick up a large item, or perform some work-related task as a contractor or small business owner. Regardless of the reason why the person needs the truck, there are things that he needs to know in the event of an accident while driving the truck. Drivers who are involved in an accident with someone driving a rental truck also must obtain assistance quickly in order to evaluate whether the state of the truck led to the accident. One of the most important things to consider is whether the truck was maintained in a safe manner. If not, this negligence might have caused or contributed to the severity of an accident.

There are many serious concerns when there is a truck crash, including getting any injured victims the medical help that they need and taking care of any damages. However, it also is important to gather evidence before it is lost or destroyed. The skilled Miami truck crash lawyers at Greenberg, Stone & Urbano, P.A. know the myriad of ways in which a person can experience harm after a serious truck crash and what is necessary to prove that liability. Our skilled attorneys have more than 130 years of collective experience putting together strong cases in which we pursue the compensation that our clients deserve.

The owners and managers of a rental truck fleet must maintain the vehicles in a safe manner, which means routine inspections of the vehicles in order to ensure that there are no unexpected problems for those people who are relying on the trucks out on the road. In addition, the maintenance that is performed must adhere to an appropriate standard. Many times, a rental truck owner will use older parts or take short-cuts in order to limit the cost of keeping the trucks operating. Whether motivated by greed or caused by incompetence, this serious lack of care can result in mechanical failures that jeopardize the users of the rental trucks.
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The number one cause of commercial truck accidents as the result of negligence is driver error. This may be from a distracted driver who was traveling at high rates of speed without his eyes on the road or it may be from a driver who did not realize that he needed to apply the brakes quickly. There was a truck accident on Interstate 95 that shut down the road to traffic that appears to have been caused by driver error. According to a news report, a Federal Express truck failed to take appropriate actions to avoid a slower moving produce truck, resulting in a collision that closed down the interstate and required a diversion of traffic.

When a person is injured in a serious accident with a truck, there are many injuries that may result because of the size and weight of the truck. If you or a loved one has been injured in a truck crash caused by driver error or some other type of negligence, the skilled Miami truck accident lawyers at Greenberg, Stone & Urbano, P.A. will fight to get you the outcome that you deserve. Our attorneys have more than 130 years of collective experience in obtaining justice for our clients.

When the two commercial trucks collided on Interstate 95, the driver of the Federal Express truck was seriously injured and the driver of the other vehicle also was injured. The Florida Highway Patrol has reported that the FedEx driver, who ran into the other vehicle, will be charged with careless driving. Despite the fact that there were injuries, this accident may have been much worse.

There are many different types of driver error, but some of the most common include:
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Commercial trucks can weigh up to 80,000 pounds and are difficult to operate under the best of circumstances. When there is a tire blowout, this can lead to a serious accident. There are many reasons for tire blowouts. While a tire failure can happen as the result of an unavoidable impact with road debris, potholes, and other types of hazards, many times it is negligence on the part of the driver or trucking company that leads to the dangerous condition.

Tire blowouts in commercial trucks can lead to devastating crashes. Due to the disparity in the weight between large trucks and smaller passenger vehicles, the driver and occupants of the smaller vehicle often are seriously injured. The skilled and dedicated Miami truck accident lawyers at Greenberg, Stone & Urbano, P.A. have more than 130 years of experience in advocating on behalf of our clients to get the compensation that they need to recover from the harm they suffered during the collision.

Tire blowouts that happen because of the negligence of the truck driver, mechanic, or trucking company have dangerous consequences for victims of the resulting crashes. Some of the most common causes of tire blowouts include:
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