Florida Injury Attorney Blog

Congress is proposing a new law that would tighten up the federal regulations designed to keep unsafe semi truck drivers with drug and/or alcohol abuse problems off of the roads. In our Shorstein & Lasnetski, LLC Florida Injury Attorney Blog, we often discuss the problems of serious semi truck accidents as well as the poor enforcement of rules designed to drug and alcohol test semi truck drivers and keep those drivers with positive drug and alcohol tests off of the road. Estimates show that between 1.3% and 2.8% tractor trailer drivers test positive for drugs under random testing. So, for every 100 semi trucks you see on the road (and there are plenty in the Jacksonville, Florida area with the intersection of I-95 and I-10), it is feasible that 1-3 of the drivers may be under the influence of illegal drugs at any given time.

Some of the problems we have seen with semi truck drivers and drug and alcohol tests after serious accidents include:

- semi truck drivers failing to take the required drug and alcohol tests after causing an accident,

- semi truck drivers, their trucking company employers and testing facilities failing to report positive post-accident drug and/or alcohol tests,

- trucking companies failing to do proper background checks on new semi truck driver applicants to learn if they have a positive drug and/or alcohol test in their past, and

- semi truck drivers cheating on drug and/or alcohol tests.

The new law would only address some of those problems. It would establish a national database and require medical personnel and trucking company employers to report all positive drug and alcohol tests so that they would be reflected in the database. The law would also require employers to check the database before hiring a new semi truck driver. Of course, this law would not do much to address semi truck drivers failing to take the required test or cheating on a test with another person's sample, but it would help establish a system where positive drug and alcohol tests can be documented and accessible to trucking companies who will then know more, and be obligated to know more, about the drivers they may hire.

For those of us who represent people who have been injured in an accident with a semi truck, or a family member of someone killed in a semi truck accident, it will give us extra ammunition to hold semi truck drivers and trucking companies accountable when they fail to follow the rules and hire unsafe drivers they knew or should have known were dangerous due to drug or alcohol use.

When a semi truck driver causes or contributes to a serious accident, he/she is normally required under the federal regulations to take a drug and alcohol test as soon as possible. Additionally, when a semi truck driver fails a drug or alcohol test, he/she is required to take and pass a subsequent drug or alcohol test before he/she can return to safety-sensitive duties like driving.

In our Shorstein & Lasnetski, LLC Florida Injury Attorney Blog, we have discussed at length the problems with semi truck drivers and trucking companies circumventing these drug and alcohol testing rules, particularly after an accident. It is not uncommon for semi truck drivers to cause a serious or even fatal accident and simply ignore the post-accident drug and alcohol testing requirements. It is also not uncommon for trucking companies to fail to enforce the drug and alcohol testing and refuse to require, or even notify, their drivers to take the tests. When we find out that the semi truck drivers have not taken the required drug and alcohol tests in the context of a personal injury or wrongful death lawsuit (which we often do), we take every effort to use that fact against the truck driver and trucking company. However, federal regulators have been lax with punishments for failing to take the required drug and alcohol tests.

We have also seen situations where a semi truck driver will show up for a drug and/or alcohol test after an accident several days later when the results are meaningless or with a sample from a clean person. There has been a lot of discussion in the industry regarding the poor supervision at drug testing sites making it fairly easy to cheat the test. As a result, the U.S. Department of Transportation (DOT) issued a rule making it mandatory for a drug testing facility employee to watch the semi truck driver give the urine sample. In the past, whether or not to have someone supervise the urine sample of a semi truck driver was up to his/her trucking company employer, who may have an obvious incentive to avoid a positive drug or alcohol test after one of their drivers causes a serious accident

Unfortunately, this only applies to those drug and alcohol tests that are required after a semi truck driver has failed a drug or alcohol test and is trying to get back on the road. The DOT determined that those folks are more likely to try and cheat. It does not apply to semi truck drivers who are required to take the drug and alcohol test after causing a serious injury accident or a crash involving a death, although such a semi truck driver would have at least an equal incentive to hide a positive post-accident drug or alcohol test result.

While this ruling certainly will not solve the problems of semi truck drivers driving under the influence of drugs or alcohol and causing serious accidents or avoiding the drug and alcohol tests after such an accident, it does help bolster the credibility of at least one type of drug or alcohol test.

A recent study showed that driver distractions such as cell phones, text messaging devnceis and dispatch devices are contributing to serious crashes involving semi trucks moreso than regular vehicles, according to an article on www.Truckinginfo.com. The study looked at about three million miles of video from the inside of semi trucks driven by 200 drivers. The study concluded that some form of driver distraction was involved in 100% of the crashes involving semi trucks.

As personal injury and wrongful death lawyers who see a variety of serious semi truck accidents, we are often faced with the question of how a semi truck driver can be so careless and crash into a line of cars stopped ain traffic or miss some other obvious hazard when these drivers are supposed to be professional drivers and have a better vantage point with their elevated cab areas. This article helps shed light on the dangers of distractions that are present with semi truck drivers that are un fortunately becomign more common as handheld technology advances. The article indicates that when a semi truck driver is texting a message, he/she typically is looking away from the road for about 5 seconds. Consider that a semi truck traveling at 60 miles per hours travels about 440 feet in 5 seconds. When the semi truck driver is dialing a cell phone or using the dispatch device, he/she is looking away from the road for approxiamtely 4 seconds. Of course, these risks and distractions are present with people who drive cars, SUV's and small trucks, but the study concluded that the risks are greater with semi trucks because they are harder to maneuver and stop in an emergency.

When we represent clients who have been injured in an accident by a semi truck, we always investigate the potential for driver distraction. As studies like this attest, when a semi truck driver (or other driver) causes an accident based on his/her carelessness, cell phones, etxt messaging devices or other distractions are often present. When a large, fast-moving semi truck is involved, these factors raise the bar in terms of the semi truck driver's negligence and the compensation for injuries due to our clients.

An accident on I-10 near Marietta Street in Jacksonville, Florida resulted in one death and several serious injuries, according to an article on News4Jax.com. The article indicates that a pickup truck driver struck a van near an exit ramp causing the van to hit the concrete barrier and overturn. The van had eleven passengers, many of whom were children. Eight of them were injured and one was killed in the accident.

The driver of the pickup truck may have been drinking, according to preliminary reports from the Florida Highway Patrol (FHP) officer who was investigating the fatal crash. The accident occurred around 2:00 in the morning.

Any time there is an accident of this nature with a death and serious injuries, particularly with children involved, it is important to explore all of the factors that caused and contributed to the crash. Since there is some indication that alcohol was involved, that is a good starting point. Accident attorneys can look at the crash report and note any signs of impairment from alcohol and/or drugs that are reported by the responding FHP officer. Additionally, there may be an arrest and booking report prepared by a Jacksonville Sheriff's Office (JSO) officer that will go into more detail as to whether the at-fault driver was drunk or otherwise impaired by alcohol or drugs. Witnesses from the scene of the accident can also testify to signs of impairment. Another possible source of information would be medical records of the at-fault driver if she was injured and treated. The ambulance report and the ER reports can have useful information including incriminating statements made by the driver, notes of observations from medical personnel such as an odor of alcohol and results of blood tests that show a blood alcohol content over the legal limit.

There are several ways for personal injury and wrongful death lawyers to learn about the condition of an at-fault driver, particularly if alcohol or drugs were a factor in the accident. For a serious accident like this one, it is important to explore all possible factors that may have contributed to the crash.

A vehicle with four occupants drove off of the road on County Road 125 in Baker County, Florida and run into a tree killing two and seriously injuring the other two, including a four year old, according to an article on News4Jax.com. The crash is being investigated by Florida Highway Patrol traffic homicide detectives, but there is no indication yet as to why the car left the road and why the driver was not able to get the vehicle back on the road.

We have written before about the percentage of serious accidents that occur in rural areas as opposed to busier and more populated areas, contrary to what many people might think. This is due to several factors including the fact that drivers lose focus on less crowded rural roads and the roads themselves are often narrower without a shoulder making it easier for a crash like this to occur.

I saw an article over the weekend that discussed a motorcyclist who was seriously injured in an auto accident after he hit a mattress that fell off of a truck on the highway. According to the article, the motorcycle was riding safely along the highway when an unsecured mattress fell from a truck in front of the motorcycle. The motorcyclist was unable to avoid the mattress and crashed his motorcycle causing him serious injuries.

When a person is injured by something that comes off of another vehicle, the analysis regarding liability and responsibility for the injuries and damages is similar to a regular auto accident. First, the attorney for the injured driver in a personal injury lawsuit or wrongful death lawsuit would look to see if the object that fell from the vehicle was adequately secured and if not, who was involved in placing the object on the vehicle. If the driver and/or some other party failed to properly secure the object and the object fell off the vehicle as a result, that driver and person who negligently secured the object would likely be liable for that negligence. Another issue is whether the object should have been transported by the particular vehicle in the first place. Every now and then on the roads in Florida we see vehicles transporting objects on the roof or in the trunk which appear unsafe and should be transported by a bigger, more appropriate vehicle. While this does not exhaust the list of issues and inquiries regarding potential negligence in these kinds of cases, a personal injury/wrongful death attorney would always investigate whether the driver was driving appropriately given the nature of the load he/she is carrying. When a driver is carrying a heavy or unwieldy load, he/she needs to drive more carefully to ensure that the load does not fall off of the vehicle and create a hazard not just for vehicles in the immediate vicinity but other vehicles on the roads that may later come into contact with the fallen object.

When you apply for auto insurance in Florida to cover you for injury accidents, the insurance agent will ask you if you want uninsured motorist protection. While vehicle owners are required to have a certain level of insurance in Florida, they are not required to have uninsured motorist insurance coverage. It is completely discretionary. In order to decide whether you should purchase uninsured motorist coverage, you should know what you are buying and what it covers.

First, I will explain what liability insurance policies cover. A liability insurance policy covers you if you cause an accident and injure or cause the death of another person. In other words, if you run a red light and crash into another vehicle and injure that other driver, that other driver may make a claim for damages against your insurance company (and your liability policy) and possibly sue you for the damages. Your liability insurance policy is there to compensate that other driver for any damages you caused him/her.

Uninsured motorist coverage is different. It compensates you for your injuries caused by another driver who is either uninsured or underinsured. Uninsured motorist coverage is also referred to as underinsured motorist coverage. In other words, if you are stopped at a red light and another driver crashed into your vehicle causing injuries to you, you can make a claim against his/her insurance company for your damages. However, if that person has no insurance, you have your own uninsured motorist insurance policy that will pay you for your damages since the other driver has no insurance. Alternatively, if you are injured and your damages are $100,000, what if the other driver only has $25,000 in insurance? In that case, you make a claim for the other driver's $25,000 and get that money. But, since you still have $75,000 in unpaid damages, that other driver is considered underinsured in this case. As a result, you can make a claim against your own insurance company for that $75,000 (assuming you purchased at least $75,000 in uninsured motorist coverage).

As you can see, uninsured motorist coverage is there to protect you and compensate you in case you are injured by someone with little or no insurance. Unfortunately, you cannot predict how much insurance the driver who hits you will have or whether or not he/she will even have insurance. If you want to be sure there will be sufficient, or at least additional, insurance funds available if you are injured in an accident by someone who may have no or little insurance coverage, then uninsured motorist coverage is what you want to buy.

An 18 month old girl was injured and taken to the hospital after she was hit by a car that was backing up in an apartment complex in Jacksonville, Florida, according to an article on News4Jax.com. The article indicates that the vehicle was backing out of a parking spot in the apartment complex and ran over the 18 month old child. The driver took the child to Shands Hospital, where she remained in a coma. One of the witnesses stated that children are often playing in that area.

We have previously discussed on the Shorstein & Lasnetski Florida Injury Attorney Blog the serious risks involved when drivers back up in apartment complexes and other neighborhoods where kids run around and play. From the age when kids can move on their own to teenagers, kids are often unpredictable and may find themselves behind a vehicle ready to back up without realizing the danger. When a person assumes the responsibility of driving, it is up to him/her to recognize the surroundings and make sure the path is clear before backing up. Obviously, small children can be hard to see behind a vehicle, whether it is a regular passenger car, an SUV or large truck. All too often, in personal injury cases, wrongful death cases and just observing on the roads, we see and hear about drivers who back up first and look second. Usually, nothing bad happens, but when it does and children are involved, the results can be catastrophic.

In a personal injury or wrongful death case that results from a child or other person being injured after a person backs up without properly looking, two of the primary issues regarding liability are the character of the area and to what extent the driver looked and made him/herself aware of the surroundings. Obviously, in an area where kids are known to be, the driver has a duty to carefully look and make sure no kids are near the vehicle before starting to back up. In any other area where kids are not readily apparent or the driver's vision is obstructed, the driver still has a duty to look and be on constant alert for the possibility that someone may be behind the vehicle before backing up.

There was a serious accident on I-295 near New Kings Road in Jacksonville, Florida that resulted in one death and several more serious injuries, according to an article on Jacksonville.com. Apparently, a Ford Explorer SUV full of students going to the beach flipped over ejecting many of the occupants. The article indicated that one of the tires on the Ford Explorer blew causing the driver to lose control and ultimately crash into a pole after flipping over several times. The investigation into the details of the crash is ongoing. This is obviously a horrible accident and tragedy. There will surely be a thorough investigation by traffic homicide detectives and other law enforcement personnel. Of course, based on the early articles, the main area of focus for investigators will be whether the tire on the Ford Explorer malfunctioned. Some people may recall that there is a history of tire failure on Ford vehicles. Specifically, several years ago the U.S. government addressed the high failure rate of tires on Ford Explorers. It was determined that certain tires on Ford Explorers (and other vehicles) had an inordinately high failure rate. As a result, several personal injury and wrongful death lawsuits were brought against Ford and tire manufacturer Firestone, and Firestone closed down one of its tire plants. While it is unclear at this early stage what caused the tire to fail, assuming the article is correct that it did, but one of the problems with tires on Ford vehicles in the past related to tread separation which occurs when the tread on the tire peels off from the tire. When this occurs, it makes it very difficult for the driver to maneuver the vehicle and creates a serious hazard for the driver and occupants. Rollovers such as the one in the case often result. This scenario can also lead to Ford or other car manufacturers blaming the tire company for manufacturing a faulty tire while tire companies blame the car manufacturer for designing a vehicle that is unsafe and rolls over too easily. When a tragic accident such as this one occurs in this manner, especially when young people are involved, you can be sure there will be a thorough investigation. That will initially involve law enforcement but ultimately personal injury and wrongful death attorneys who are familiar with the issues and dangers involved in faulty tires and vehicles that may be overly susceptible to rolling over.

A serious auto accident at the intersection of Southside Boulevard and Baymeadows Road resulted in one death and two serious injuries according to an article on Jacksonville.com. The article indicates that a truck driver ran a red light and crashed into the SUV being driven by Terry Gill. Mr. Gill's SUV overturned, and Mr. Gill died after he was thrown from his vehicle. A passenger in the truck was also seriously injured.

When analyzing a tragic accident like this from a wrongful death lawsuit perspective, the obvious starting point is to focus on the truck running a red light at such a busy intersection. Running a red light and crashing into another vehicle with the right of way in the intersection is clear evidence of negligence that caused the crash and the death. However, it is always instructive to look into why such a careless mistake was made, whether alcohol, drugs, cell phone or other mobile communication device or some other distraction was involved.

Additionally, the article indicates that Mr. Gill was not wearing his seat belt at the time. As insurance companies and their lawyers always do, in this case, the insurance company for the at-fault driver, Mr. Burdell, will claim that a seat belt could have prevented Mr. Gill's death. Insurance companies often retain experts with whom they have long-standing relationships to provide those favorable opinions for their defense. However, the seat belt issue is in no way a defense to Mr. Burdell's negligent driving and the cause of the accident. Wrongful death attorneys will hire their own experts to investigate and analyze the crash to see if the seat belt would have made any difference in Mr. Gill sustaining fatal injuries. Depending on the nature of the crash and the biomechanics involved, it is certainly possible that Mr. Gill would have died, or been seriously injured, even if he was wearing his seat belt, and the insurance company for the at-fault driver must compensate Mr. Gill's family accordingly for their wrongful death claim.