Truck Accidents

Hiring a Palm Beach Injury Lawyer Key to Full & Fair Crash Compensation

September 5, 2023 | by David J. Halberg, Esq.

In the aftermath of a Southeast Florida car accident, there’s no requirement that you MUST hire a Palm Beach personal injury lawyer with a claim for damages. But there is strong statistical evidence that doing so will significantly improve your odds of prevailing with full and fair damages. Palm Beach injury lawyer

One analysis published by the Insurance Research Council a few years ago revealed lawyer-represented crash victims received damage awards that were on average 3.5 times higher compared to those who didn’t hire a lawyer.

This supports much of the previously-established data on this issue.

In a 2010 empirical evidence study published in the peer-reviewed Seattle Journal for Social Justice, researchers conducted meta analysis of other studies dating back decades on how access to a lawyer impacts the outcomes of civil cases – including personal injury claims. What they found was:

In every study reviewed, “lawyered-up” claimants were far more likely to win. (Exactly how much more likely varied from study-to-study, with most ranging somewhere from 20 percent higher to 4 times higher.) Part of this might be explained by the fact that civil lawyers tend to take on more meritorious cases. But then again, that’s one of the many benefits you get with hiring a Palm Beach injury lawyer: Confidence that you aren’t wasting your time because you’ve got a case worth pursuing.
To minimize the influence of the merit-based argument, another study involved civil lawyers providing their services at random to a group of sample litigants. The outcomes in their cases were then compared to those of similarly-situated (but non-represented) litigants. Those who had lawyers were 4.4 times more likely to win than those who represented themselves.
Another analysis concluded that in higher complexity civil cases (including serious personal injuries, medical malpractice, and wrongful death), plaintiffs represented by attorneys were 40 percent more likely to win.

Why Does Hiring a Palm Beach Injury Lawyer Make Such a Difference?

Some of the researchers’ theories about why hiring a lawyer makes such a difference in case outcomes: Continue reading

Fatal Florida Trucking Accident Lawsuit Nets $1 Billion Jury Verdict

September 5, 2021 | by David J. Halberg, Esq.

A fatal Florida trucking accident lawsuit involving two distracted truck drivers has resulted in a $1 billion verdict. Palm Beach truck accident lawyer

As our Palm Beach trucking accident lawyers can explain, this type of verdict is not typical. However, it does reflect how a punitive damage award can substantially increase the amount one is compensated. Punitive damages, as outlined in F.S. 768.72, require special permission from the court as well as evidence the defendant was grossly negligent or acted with intention or wanton disregard for the safety of others. Punitive damages can amount to treble (triple) the compensatory damages.

This case involved an 18-year-old freshman at the University of North Florida who was struck and killed by a distracted semi-truck driver in 2017. His car was one in a line of standstill traffic on I-95, all backed up because another semi-truck driver had crashed earlier into an RV, causing it to burst into flames. The two vehicles and debris blocked highway traffic well over a mile for more than an hour.

According to the Florida Times-Union, a truck driver approaching from behind was reportedly operating his semi on cruise control at 70 mph. The data recorder on board showed he didn’t even attempt to brake until just one second before the fatal impact. However, he wasn’t the only one deemed negligent.

Testimony at trial revealed the driver whose semi truck flipped in the earlier crash, causing the stalled traffic, reportedly:

Was distracted by his cell phone at the time of the crash.
Was in violation of federal Hours of Service limit regulations.
Did not have a commercial driver’s license at the time of the crash.
Ha previous traffic violations on his record, including for speeding and other acts of aggressive driving.
Was not given a background check prior to being hired.

Liability in Drowsy Driving Florida Car Accidents

April 22, 2021 | by David J. Halberg, Esq.

Many Floridians are tired, overworked or even exhausted. Behind the wheel, this can be deadly. The National Highway Traffic Safety Administration reports nearly 700 people are killed annually in drowsy driving accidents. The true number is probably much higher. Unfortunately, driver fatigue isn’t as easy to ascertain as conditions like alcohol impairment, even though the effects are similar. An earlier analysis indicated nearly 40,000 accident-related injuries in the U.S. annually are caused by sleepy drivers. West Palm Beach car accident lawyers

In Florida recently, three people – including two sisters – were tragically killed in an overnight highway crash while returning from vacation. Authorities speculated drowsy driving was the cause.

“We believe this driver may have been just tired,” an FHP official told the local news station. “Just drowsy. He did not state that, but that’s indicative of this type of crash that we see especially in the overnight hours.”

How Does Sleep Affect One’s Driving Abilities?

As noted by the Sleep Foundation, drowsiness can have a significant impact on a driver’s judgment, coordination, attention, vigilance, decision-making skills, and reaction time. Continue reading

Florida Dangerous Instrumentality Doctrine in Car Accident Cases

November 5, 2020 | by David J. Halberg, Esq.

If you’re thinking of allowing someone to borrow your car, you may want to think twice. Florida’s longstanding dangerous instrumentality doctrine allows vehicle owners to be held vicariously liable for the negligent actions of those permitted to operate their vehicle. It can even apply to Florida vehicle owners when crashes occur in other states (more on that later). Palm Beach car accident lawyer

The dangerous instrumentality doctrine holds that an owner of an inherently dangerous tool can be legally responsible for any injuries that result from operation of that tool. Most people don’t consider cars to be “tools,” but they were established as such by the Florida Supreme Court in the 1920 decision of Southern Cotton Oil v. Anderson. The effect of that ruling was that vehicle owners could be subject to strict vicarious liability, meaning that basically the owner – and everyone whose name is listed on the title – could be held financially responsible for a crash as if they themselves were in the driver’s seat. Continue reading

Contact a South Florida Truck Accident Lawyer

March 24, 2020 | by David J. Halberg, Esq.

Florida truck accidents have steadily risen in recent years. The Florida Department of Highway Safety and Motor Vehicles reports in a single recent year, there were more than crashes involving large trucks, resulting in more than a dozen deaths and 1,000 injuries – 57 of those catastrophic.

Still, there is little denying how critical trucks are to our economy. They have proven a lifeline to necessary products.

Recently, the Federal Motor Carrier Safety Administration (FMCSA) relaxed hours-of-service rules for commercial drivers carrying essential goods. It remains to be seen whether this might lead to an uptick in more Florida truck accidents. Continue reading

What to Expect in a South Florida Trucking Accident Lawsuit

January 17, 2020 | by David J. Halberg, Esq.

A South Florida trucking accident has the potential to completely upend and alter innocent lives forever. The way you proceed in the hours, weeks and months that follow can have a big impact on your ability to recover damages for your injuries. In order to know what to do, you must know what to expect. South Florida truck accident lawyer

According to the Federal Motor Carrier Safety Administration (FMCSA), nearly 12.5 million commercial large trucks and buses are registered in the U.S., logging some 300 billion miles nationally every year. Of the more than 37,000 fatalities on our roadways every year, nearly 4,900 – or 13 percent – involve a large truck or bus. Annually, there are more than 450,000 large truck and bus accidents reported to police. Of those, 23 percent involve a serious injury – some 345,000 in all. The vast majority of those injured and killed in South Florida truck accidents are occupants of other vehicles. Pedestrians and bicyclists also face an out-sized risk against these highway behemoths.

Florida is among the top five worst states for large truck and bus fatalities nationally. Between 180 and 300 Florida truck accident deaths have been reported every year in the Sunshine State since 2007. Many more are injured. Continue reading

Lawsuit: Car’s Autopilot Didn’t Prevent Fatal Florida Truck Crash

August 2, 2019 | by David J. Halberg, Esq.

A Palm Beach County wrongful death lawsuit is the second in three months against automaker Tesla Inc. involving its driver-assisted Autopilot feature – one that plaintiffs say give drivers a false sense of security and fail to live up to the express and implied promises made to consumers. truck accident lawyer

According to Insurance Journal, plaintiffs in Banner v. Tesla allege the 50-year-old driver of a Tesla sedan was killed in March when the vehicle, using the Autopilot feature as advertised, failed to steer or brake in order to avoid striking a semi-tractor trailer that had run a stop sign on a South Florida highway.

The system had been engaged for at least 10 seconds prior to the crash. His survivors say the vehicle manufacturer is and has been aware that the system was defective, yet continued to sell it anyway. They are also suing the driver of that semi-truck for negligence in causing the truck accident. Continue reading

Trucking Safety Rules Poised to Relax Despite Florida Truck Crash Concerns

July 31, 2019 | by David J. Halberg, Esq.

Amid concerns that large trucks driven by tired operators pose a greater-than-ever risk to Florida motorists, federal officials are contemplating loosening existing rules. As our West Palm Beach truck accident lawyers well know, driver fatigue is cited in hundreds of the thousands of deadly truck crashes each year. truck accident attorney

Despite the Federal Motor Carrier Safety Carrier’s implementation of many new rules and regulations pertaining to trucking rules and regulation – including Hours of Service rules designed to reduce drowsy driver accidents, there has been a 20 percent jump in the number of commercial truck crashes over the last 10 years.

Rules such as those for Hours of Service and mandated electronic logging devices (ELD) were introduced to curb the practices of so many trucking carriers that reward drivers based not only the amount of time they drive, but rather on the miles driven. Many industries truck drivers to push the envelope to make their living. Continue reading

Congress Advised on Effective Action to Reduce Truck Accidents

June 15, 2019 | by David J. Halberg, Esq.

A coalition of freight and logistics firms recently testified before Congress on the urgent need for improved trucking standards and safety, noting that while large trucks our indispensable to our economy – they’re killing us. truck accident attorney

In the last year reported per federal data, there were 415,000 large truck accidents, within which:

4,761 people died
More than 600 truck drivers were killed
148,000 were injured.

Further, more truckers were killed in 2017 crashes than in any other year in the past decade.

In recent testimony before the House’s Infrastructure Sub-Committee on Highways and Transit. The trucking Alliance spoke at a hearing titled, “Under Pressure – the State of Trucking in America.” Members of the Trucking Alliance in a prepared statement said the greatest pressure on the trucking industry should be on reducing these truck crashes and the deaths and injuries that result. Continue reading

$45 Million Verdict for Parents of Medical Student Killed in West Palm Beach Crash

November 5, 2017 | by David J. Halberg, Esq.

A chain reaction tractor-trailer crash in West Palm Beach that injured one and killed two – including a 29-year-old medical student – recently resulted in a $45 million verdict in favor of the med student’s parents. truck accident lawyer

As our West Palm Beach truck accident attorneys can explain, these kinds of cases tend to result in higher verdicts and settlements than your typical car accident lawsuit for several reasons, including:

Because of the size disparity between large trucks and passenger cars, any collisions between the two are likely to result in severe injuries to occupants of the smaller vehicle. More severe injuries and deaths are a greater loss to the victim and loved ones.
Anytime a trucking company or construction firm is involved in a personal injury or wrongful death, there are usually numerous defendants, many with varying degrees of liability.
Trucking companies and construction firms – particularly construction companies that work roadside – carry high liability insurance policies. Although insurance coverage does not determine the amount of damages (courts are often careful to make sure jurors aren’t informed of the existence or amount of this coverage, as it’s considered prejudicial), the fact that it’s there improves the chances that if high damages are awarded, they will actually be paid. Florida requires passenger vehicle motorists to be financially responsible for a minimum of $20,000 in bodily injury (which is paid in addition to personal injury protection – PIP – benefits of up to $10,000). Meanwhile, federal law requires all truckers to carry at least $750,000 in liability coverage. Those that haul hazmat materials have to carry at least $5 million.