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Florida Personal Injury Law Blog

Is distracted driving a factor in truck accidents?

Before the invention of smartphones, drunk driving was one of the main causes of car and truck accidents. Although drunk driving is always a concern, distracted driving has become one of the recent primary reasons for accidents. Florida drivers realize how dangerous distracted driving is, especially when they are behind the wheel of a commercial vehicle. Serious injuries and deaths are common when it comes to truck accidents.

What are the distracted driving statistics concerning commercial vehicles and trucks? In the latest study of the SmartDrive Distracted Driving Index, five percent of distracted truck drivers were distracted 79 percent of the time when they were executing risky maneuvers. The research defined "risky maneuvers" as situations such as swerves, sudden stops and collisions. The data, conducted in 2012, was derived from vehicles equipped with video recorders. Over 15 million video events were analyzed during the course of the study.

OSHA cites Florida contractor as fall hazard campaign heats up

Falls are the leading cause of fatalities in the workplace and the numbers continue to grow. Since construction work usually involves working at great heights, the trend is definitely alarming. To help curb fall hazards, the Occupational Safety and Health Administration launched a program that emphasizes the need for better fall protection. The campaign seems to have gathered steam, especially after the agency recently cited a Florida contractor for failing to look after the safety of its workers.

The Jacksonville contractor faced OSHA violations after an agency investigation showed that construction workers in three work areas went about their work without a fall protection system. The workers performed residential construction. Three citations were handed out. One was for allowing workers to use a stepladder's top step, prohibited by OSHA, and two were for violations of fall protection regulations. The contractor was fined more than $188,000 for the violations.

What are the signs that a drunk driver is on a Florida road?

Drunk driving is always a concern in Florida and across the entire United States. Every year, drunk driving accidents result in serious injuries and fatality to motorists. However, drunk driving is very preventable, not just on the part of the drunk driver but on the part of the motorist as well. Here are a few drunk driving-related tips for Florida motorists.

How can motorists spot possible drunk drivers? There are typical signs that the person behind the wheel is a drunk driver. One sign is that the vehicle is having trouble staying in the lane or the vehicle is constantly swerving or weaving. The second sign is when a driver is having trouble following the speed limit or brakes too early. Three, when the driver does not follow or has a delayed reaction to traffic regulations. Strange behavior and poor judgment are also signs of driver intoxication.

Taking the weight off the shoulders of bike accident victims

When it is bike versus car, the bicyclist always ends up holding the shorter end of the stick. Bike accident victims often sustain serious injuries, such as broken bones, head trauma and spinal injury. They are even prone to suffering fatal injuries. Unfortunately, it does not end there. Injured bicyclists and their families have to shoulder the medical costs, lost wages and other miscellaneous expenses. While they may want to file a legal action, it may be too much to handle considering the challenge of their present situation. Here is where our experienced Gainesville, Florida, law firm can shoulder some of the weight of an accident's burden.

Our law firm has more than 60 years of experience representing clients who have suffered bicycle accident injuries. We know how difficult it is for victims and their families to make sense of their situation and deal with a lawsuit at the same time. So, we take the weight off their shoulders by aggressively and efficiently representing them in court. We make every effort to ensure that they receive sufficient compensation, not just for the injury itself but for any inconvenience that stemmed from being injured.

Important facts and figures about truck accidents

Trucks are constant fixtures on the streets and highways of Florida. These massive vehicles are responsible for carrying essential goods in and out of the state. As useful as trucks are, when they are involved in an accident, the results can be catastrophic. Therefore, it is advantageous for truck drivers, truck owners and motorists to know about some relevant truck accident statistics and information.

A lot of people think that truck accidents happen on a regular basis. However, according to the 2012 statistics of the Insurance Institute for Highway Safety, large trucks and other motor vehicles were both involved in an average of 1.3 fatal accidents based on 100 million miles that were traveled. The difference is that because of the truck's large size and equally large amount of cargo, truck accidents create more extensive damage. People involved in truck accidents are also more prone to serious injuries and death.

What penalties will drunk drivers face in Florida?

Florida has one of the harshest drunk driving laws in the United States. Many Florida residents find this appropriate since drunk driving accidents often result in serious injuries and fatalities to unsuspecting motorists. The state shares these sentiments. So what are the penalties drunk drivers may face in Florida?

The Sunshine State makes many penalties of convicted first time offenders in other states seem like a slap on the wrist. In Florida, a convicted first time drunk-driving offender will pay a fine between $500 and $1,000. However, if the driver's blood alcohol content is 0.15 percent or higher, the possible monetary penalty will double. Mandatory community service will also be required by the convicted drunk driver. The driver will be in probationary status for up to a year. The driver's license will be revoked for a year as well. The driver will render prison time for up to six months. If the driver's BAC is 0.15 percent or more, the jail sentence could last up to 9 months.

Wrong-way car accident ends in fatality, serious injuries

For many Florida motorists, getting out on the open road can be a cathartic and freeing experience. However, enjoyment can transform into a tragedy which can permanently alter lives. Even more unfortunately is that fact that some car wrecks are, no matter how closely one follows the rules of the roads, out of our control because of the decisions of others. Such seems to be the case with a recent accident near Gainesville.

A man is dead and a woman seriously injured after a wrong-way car collision. The man and the woman passenger were traveling eastbound on State Road 20 when a car traveling westbound collided with the two. An investigation of the accident is ongoing and details have yet to be released on the driver of the westbound vehicle.

Proving another party's negligence after a car accident

Following a car crash, a victim could suffer greatly. Due to the losses and damages of a car accident, the injured party might consider filing a civil action. This could help provide them with compensation to cover expenses related to the accident.

In accidents where a negligent driver injured the victim, the victim will often need to provide a compelling case in order to prove the other driver's negligence. There are five elements that need to be fulfilled in order to prove negligence, and these elements could be supported by evidence or testimony. First, there needs to be a duty. In the case of a car accident, the driver had the duty to drive safely and uphold the standard duty of care while operating a vehicle. Next, there needs to be a breach of that duty. This could be speeding, failure to yield, texting while driving or other forms of reckless driving.

Navigating a workers' compensation claim in Florida

Our firm understands that when an employee is injured at the workplace their ability to cover their bills and maintain their lifestyle could be constrained. A workplace accident could seriously injure or even permanently disable a worker. Recovering from a work-related injury is important for the employee to return to work and avoid a significant amount of lost wages. While some workers might be able to return to work after an accident in the workplace, some might require a lengthy recovery. This is why it is important to consider workers' compensation following an incident in the workplace.

No matter the cause or type of workplace accident an employee is involved in, it is important that workers understand their rights. Compensation could be available to those suffering from a work-related injury. If they seek to file for workers' compensation, the employee might have to go through a process before any funds are received.

OSHA investigation finds willful violations at explosion site

There are certain jobs in Gainesville that are, by their sheer nature, risky. Those who are employed in jobs that involve labor and working with dangerous materials may not realize that there is a chance that an accident can occur. When it happens, those who were hurt and their families will be faced with the long-term consequences, medical expenses and other issues that accompany a workplace accident. Injuries are made even worse when they are believed to be the result of violations at the job site.

An explosion that injured two men working on a gas pipe was found to have occurred due to safety violations on the part of the employer. The workers were altering a pipe for the supplying of gas when there was a pressure explosion. One of the workers was permanently disabled, while the other suffered an injury to his leg. The OSHA investigation found that the company should have ensured that there was an adequate vent to prevent the explosion from happening. An OSHA violation is referred to as "willful" when the company is aware that there were dangers but did nothing to mitigate those dangers. Two of the violations were considered willful, with seven serious violations.

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Avera & Smith
2814 SW 13th Street
Gainesville FL 32608

Phone: 352-231-8426
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