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Our truck accident attorneys find that injury claims involving truck accidents often present complex issues in litigation. Not only are the issues of negligence and liability difficult to navigate, but as the case below illustrates, even the initial matter of who may or may not be held liable can present many hurdles. Truck accidents often involve multiple entities – the truck driver, the trucking company, the company that employed the trucking company for shipping, and, sometimes, the owner of the truck itself – and all have competing interests in the tractor-trailer, the cargo, and the employment of truck drivers. Prospective plaintiffs have to parse all of these issues carefully before initiating litigation, and those seeking to file these kinds of suits should consult extensively with an experienced truck accident attorney.

In Peninsula Logistics, Inc. v. Erb, a Florida appellate court considered the issue of vicarious liability – a defendant’s liability for the actions of an independent contractor. The plaintiff, in that case, was driving a vehicle that collided with a tractor-trailer that was owned by another company and operated by an independent contractor. During the collision, the independent contractor was transporting cargo items for the defendant, and the company that owned the tractor-trailer chose the independent contractor who will drive the tractor-trailer. The plaintiff filed an action in Florida circuit court against the defendant, and the defendant moved for a directed verdict in its favor. The trial court ruled in the plaintiff’s favor and granted summary judgment holding the defendant vicariously liable for the actions of its independent contractor, and the defendant appealed. Continue reading →

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Our Miami truck accident lawyers have found there are often a wide variety of issues that plaintiffs may face in personal injury or wrongful death litigation involving tractor-trailer accidents. Tractor-trailers belong to a unique class of vehicles that carry substantially more risks in operation. Accidents may not be limited to traditional vehicle collisions or pedestrian mishaps – as the case below illustrates, tractor-trailers may also be involved in unique situations that raise specific issues of liability.

In the case of L.E. Myers Co. v. Young, the Second District Court of Appeals in Florida considered the issue of whether a particular situation involving a tractor-trailer was inherently dangerous. The case resulted in a fatality, and the deceased driver’s estate sued for wrongful death. The defendant in the case was a company that was hired by the electric company to replace power poles in a specified area. The defendant hired a subcontractor to install four concrete poles measuring 85 feet long and weighing around 21,000 pounds along a particular street. On the day of the accident, the one of the subcontractor’s drivers drove a tractor-trailer to the worksite with one of the poles strapped onto the trailer. The pole was long enough to extend from the back of the trailer by several feet. The driver had to park the tractor-trailer on the should of the street and maneuvered the cab and most of the flatbed fully onto the street shoulder. However, the truck’s outermost left rear tire of the trailer rested on and slightly over the white line on the edge of the street. Continue reading →

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Our Miami truck accident lawyers are all too familiar with accidents involving large semi-trucks or tractor-trailers and how these accidents have the potential to cause catastrophic losses. The sheer size of the vehicles involved means that any accident involving smaller vehicles may result in serious injuries or quite possibly, fatalities. Litigation of accidents with large trucks is highly-specialized because it requires knowing the heightened duties of care that semi-truck drivers have when they are on the road. Additionally, trucking companies also have specific responsibilities to ensure that they maintain trucks properly and that the working conditions of truck drivers do not promote dangerous driving on the road.

Recently, the Second District Court of Appeal of Florida issued a decision in a large truck accident case that unfortunately resulted in a pedestrian fatality. The case, Panzera v. O’Neal, revolves around the issue of whether there was enough evidence on the record for the trial court to issue summary judgment for the defendant truck company. In Panzera, the plaintiff is the estate of a man who was struck and killed by a tractor-trailer while trying to cross a Florida interstate highway on foot. The deceased man’s estate filed a wrongful death suit against the truck driver and the company that employed him, and the defendants asked the court to grant summary judgment in its favor. The trial court did so and granted summary judgment in the defendants’ favor. Continue reading →

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A recent Tallahassee garbage truck accident has left a 73-year-old man dead.  The true cause of this accident is unknown, but it appears as though the man struck the back of the garbage truck.  The aftermath of this accident demonstrates just how devastating the damage was to the front of the man’s SUV, as well as the driver’s door.  Pictures taken show that the driver of the SUV was outmatched by the strength of the garbage truck.  There are numerous possibilities for why this accident occurred, and all possibilities will be thoroughly investigated.  Authorities have confirmed that the driver of the garbage truck, who was not injured, had a clean driving record.

The truck accident attorneys of Greenberg, Stone & Urbano are often faced with accident cases that pose more questions than answers.  Many clients call us and don’t know what steps to take moving forward.  Our attorneys thoroughly investigate every potential client’s situation to help get those questions answered.  Continue reading →

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A recent Sarasota accident on I-75 has resulted in the arrest of a 16-year-old teenager who fled the scene of a deadly tanker truck accident.  As the teen was driving with a 15-year-old passenger in the middle of the night, a tanker truck hit them from behind.  The details of how this initial collision occurred are unclear.  However, it is clear that the 16-year-old driver fled the scene of a deadly accident which is considered a second-degree felony in Florida.  Additionally, the teenager was driving on a restricted learner’s driver’s license which meant he was not supposed to be driving at the time this accident occurred.

As the tanker truck hit the back of the vehicle driven by the teenager, the truck driver was ejected from the tractor-trailer and died at the scene.  The tanker truck was carrying 8,500 gallons of fuel, making this accident even more dangerous than others.  Instead of seeking to help the truck driver in need, the teenagers fled and did not turn back.

At Greenberg, Stone & Urbano, we have come across trucking accidents where criminal conduct is involved.  We have represented clients in a wide variety of cases that are never exactly alike.  You may have experienced a similar situation as this accident described above, but more likely than not, there are some facts that are unique to your particular situation.  As such, you deserve a fair and impartial case evaluation to help you have a better understanding of what legal steps may be available to you. Continue reading →

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A former Texas truck driver faces a lawsuit for causing a fatal truck accident that occurred last year in Arlington, Texas.  The driver admits he no longer operates a truck and did not deny he was responsible for causing this accident.  As this driver’s truck was traveling in a construction zone on I-35, he attempted to drive under an unstable bridge that was too low for his truck.  As the truck hit the bridge, loose concrete beams fell and landed on a vehicle that killed a father of two.  Driver inattention was listed as the cause of this accident.  The family of this man has filed a lawsuit blaming both the driver as well as the trucking company that employed the driver, and other parties thought to share in the responsibility for causing this accident.

Our truck accident lawyers have assisted numerous clients who have fallen victim to inattentive driving that was thought to be the cause of an automobile accident, including trucking accidents.  Driver inattention is something that seems to get worse year after year as there are more things in life to distract us.  Phones are a prime example, especially when they are used for texting.  Our South Florida Trucking Accident Attorneys work hard to help injured victims recover for their pain and suffering caused by inattentive driving. Continue reading →

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As a semi-truck driver was driving west on a Missouri highway, he suddenly lost control of his truck and slammed into a bridge.  The man did not survive the accident.  Witnesses believe high winds may have played a role as it appeared the truck driver was “fighting the wind.”  Given how large and powerful semi-trucks are, it is no surprise that high winds can take over and make it difficult if not impossible to control the truck.  This is not the first time high winds may have been the cause or at least contributed to the cause of a trucking accident, and it likely will not be the last.

At Greenberg, Stone & Urbano, our trucking accident lawyers in Miami are no stranger to catastrophic accidents that have left truck drivers and others on the roadways seriously injured or killed.  While it is unfortunate that this young truck driver lost his life, the situation could have been much worse had other vehicles been involved in this accident.  Our attorneys have seen such tragic accidents and have helped numerous clients recover for injuries suffered through no fault of their own. Continue reading →

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Just last year, five innocent nursing students were killed in a horrific Georgia trucking accident.  The five women were at a standstill when a tractor-trailer slammed into the back of the young women’s vehicles.  The tractor trailer was traveling at 68 miles per hour.  The young women did not have a chance.  After one year of pain and suffering, the families of these victims have reached a settlement agreement with the trucking company that employed the truck driver.

The trucking company admitted that it should never have hired the truck driver in the first place, who was terminated from his last job for falling asleep at the wheel.  Over the course of the lawsuit the families filed against the trucking company for the wrongful death of these five young women, the truck driver admitted he was at fault for the accident, but claimed he was not asleep at the time the accident occurred.

The truck accident lawyers of Greenberg, Stone & Urbano have faced tragic accidents like this one.  This is a situation where it is clear that the truck driver and the trucking company were both at fault for causing the untimely death of these young women.  Our law firm has extensive experience helping families fight on behalf of their deceased loved ones, seeking justice even after they have passed.  We truly understand what it takes to represent a deceased individual’s rights and interests to the fullest extent possible. Continue reading →

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Like Florida, Texas sees its fair share of trucking accidents that seem to occur on a regular basis.  One recent truck accident may have been the root cause of a subsequent tractor trailer accident, both occurring on Interstate 35 in Kyle, Texas.  The first accident resulted in the death of a young pickup truck driver who was essentially sandwiched in between two large tractor trailers.  When one tractor trailer collided with the pickup truck near a construction zone, the pickup truck then struck an 18-wheeler directly in front.  The pickup truck then caught fire, and only two passengers of the pickup truck survived.  The driver was pronounced dead at the scene.

A second trucking accident occurred only two hours after the first accident, involving four tractor trailers and one pickup truck.  While nobody lost their life in this accident, the driver of the pickup truck, an off-duty officer, was injured and transported to a local hospital.  Investigators believe that the second accident was caused by the backup that resulted from the first accident.  Both accidents occurred in a construction zone where lanes were reduced and vehicles were in close proximity to one another. Continue reading →

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We don’t always see truck drivers file lawsuits against their employers (i.e., the trucking companies), but instead see other individuals file lawsuits against the trucking company and/or the truck driver who allegedly caused the accident.  Just last year, a gravel truck accident in Austin, Texas resulted in the injuries of six different individuals.  Since this time, both the truck driver and the trucking company have been sued by injured drivers and passengers involved in the accident.  The Texas Department of Transportation determined that the cause of this trucking accident was faulty or defective brakes that were not properly maintained.

Many trucking accident lawsuits are filed by injured individuals other than the truck driver involved in the accident.  At Greenberg, Stone & Urbano, our truck accident attorneys have experienced a variety of trucking accidents that may involve an injured truck driver as well.  When a failure to maintain a heavy, dangerous truck is the cause of a trucking accident, an injured truck driver may rightfully be entitled to compensation for his or her suffering.  Continue reading →

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