Articles Posted in Truck Accidents

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A federal judge in Texas has declared a mistrial in the possible billion-dollar whistleblower lawsuit involving the popular Trinity guardrails that line our nation’s highways.

According to a U.S. district judge, there were “serious concerns” regarding witness testimony associated with the defendant, highway manufacturing giant Trinity Industries.

The whistleblower and former industry business owner, Josh Harman, filed a federal lawsuit on behalf of the American public in Texas where the company’s headquarters are located. According to Harman, the current Trinity guardrails, the ET-Plus model, are dangerous and deadly. He claims the guardrails were never properly tested or properly approved by the government.

3180695137_76a2a00fd2_mHowever, Trinity has issued statements saying  company stands behind its product and has called Harman’s allegations “false and misleading.”

According to a court transcript from Friday, July 18, the judge declared that “this case has been replete with errors, gamesmanship, inappropriate conduct, and matters that should not be a part of any trial where a fair and impartial verdict is expected.”

The judge also discussed the possibility of the president of Trinity Highway Products attempting to intimidate a witness and possibly committing perjury.

Trinity claims that the allegations against its president are untrue and that the company “looks forward to re-presenting the facts in this matter.”

The federal judge also said the plaintiffs is this matter took steps to prevent the witness from being deposed by the defense and “effectively hounded him.”

“I believe the plaintiffs took steps to hide this witness and unfairly spring this witness on the defendants,” the judge said.

The mistrial was declared less than a week into the Marshall, Texas trial, which is about 150 miles east of Dallas.

The guardrails in this case were installed throughout the country in all 50 states. According to Harman, there have been hundreds of accidents that caused serious harm. In this specific type of guardrail, the terminal head is supposed to take the impact and slow down the vehicle. The railing should channel through the head and pigtail out the side and away from the car. But, there have been many accidents where the railing gets jammed up and then pierces the vehicle like a spear. They cut through the cars and any people inside the vehicle as well.

One of the most recent accidents occurred in January 2014 in North Carolina where an Isuzu Trooper hit a guardrail head-on, leaving the driver’s legs severed.

According to Harman, a guardrail should not cut a person in half.

A new trial is anticipated to happen later this year in the fall. The case would be tried in front of a new jury.

As drivers, we rarely think about roadways themselves being risky. Instead we tend to focus on more talked about roadway hazards, such as cell phone use, speeding or driving under the influence of alcohol or drugs. However, as this case shows, there can be more than meets the eye when it comes to dangerous roadways, especially highway guardrails.

It will be interesting to see how this case unfolds, as it could affect victims in Florida who have been seriously injured or even killed in auto accidents due to highway guardrails.

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Memorial Day weekend is finally here and many of you will be setting out to enjoy the official start of summer with our state’s numerous recreational possibilities. With that said, it is estimated that close to 34 million people will be hitting the road over the long holiday weekend and traveling at least 50 miles from home. Whether you are staying local or making a trek to a family member or friend’s home, the Florida Auto Accident Attorneys at Whittel & Melton urge you to drive safely and exercise caution this holiday weekend.

Memorial Day weekend is supposed to be a time for remembrance and celebration. Whatever type of activity you choose to partake in this weekend, we urge you to do so responsibly. Make sure if you are driving to always pay attention, look out for any roadside construction and always see to it that everyone in your vehicle is buckled up. Remember, if you are going to be drinking at any point during the holiday weekend, just be sure to have a designated driver set in place.

memorial day flagAccording to AAA, the amount of motorists travelling on the roadways this Memorial Day weekend will be at a 10 year high. Dating back to past Memorial Day weekends, statistics show that there is an increase of more than ten percent in motor vehicle accidents vs. other holiday weekends.

You can help exercise safety this Memorial Day weekend just by brushing up on a few safety steps:

  1. Always give yourself enough time to get from Point A to Point B.
  2. Follow all posted speed limits.
  3. Limit Driver Distractions.
  4. Make sure everyone, including those in the back seat, is wearing their seat belt.
  5. Do not drink and drive. In fact, make sure you have a designated driver assigned before you start drinking so that you are not tempted to drive after consuming alcoholic beverages.

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Reports indicate that a motorcycle rider crashed into a truck on Sunday driven by Leesburg City Commissioner Jay Hurley.

The motorcycle rider’s identity has not yet been released, but he was treated on the scene and flown to Orlando Regional Medical Center.

The Leesburg Police Department asked the Florida Highway Patrol to help investigate the collision since it involves a top city official.

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According to a new report, the overall number of staged auto accidents in Florida so an insurance claim could be filed has dropped by more than half since the laws governing personal-injury protection were reformed.

The number of PIP claims involving accidents that appear to have been deliberately caused plummeted from 712 in 2012 to 328 last year, according to a study conducted by the National Insurance Crime Bureau.

The bureau, which partners with insurers and police, found that questionable PIP claims filed in Florida dropped by nearly 8 percent in a year.

insuranceThe 2012 law requires those involved in motor vehicle accidents to seek treatment within 14 days and limits non-emergency medical claims to $2,500. The reforms also created tougher penalties for medical providers who commit PIP fraud, including a five-year license suspension and a 10-year restriction from PIP reimbursement.

Based upon on a review of 20 insurers that offer coverage for more than 75 percent of the Florida market, premiums for PIP coverage are expected to drop by an average of 13.2 percent.

Even with the new changes, the National Insurance Crime Bureau ranks several Florida cities as having the greatest number of “questionable claims” in the country.

Florida is one of several states that require residents to purchase PIP insurance. The amount of coverage a person receives depends on their auto insurance plan. PIP insurance is limited to medical expenses and does not cover property damage.

Many people confuse PIP coverage with bodily injury liability. The main difference between PIP and bodily injury liability is that PIP only covers the costs associated with the insured party’s medical treatment. Bodily injury liability plans can cover the costs of another person’s injuries that the insured driver may have caused, as well as potential legal fees.

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Kendrick, FL – A 22-year-old motorcyclist who crashed into a dump truck Tuesday morning is still in critical condition at Ocala Regional Medical Center.

The driver of the truck, a 57-year-old Summerfield man, was not injured.

According to Florida Highway Patrol troopers, the motorcyclist was heading north on Northwest Gainesville Road at about 6:40 a.m. on a 2012 Kawasaki Ninja ZX 10 when the dump truck, coming from the opposite direction, failed to see the motorcycle and executed a left-hand turn. The pair collided, and the bike became pinned under the driver’s side front wheel of the truck.

A blood sample was taken from the truck driver.

The crash is still under investigation.

968430_motorcycle_boy.jpgMotorcycles are a lot smaller than trucks, so it can be more difficult to spot them on the roadways. But this does not mean that bikers do not have a right to be on streets and highways with other automobiles. Drivers of cars, trucks and SUVs must pay extra careful attention for motorcyclists, pedestrians and bicyclists who may be on or near the road. Unfortunately, because motorcycles are smaller than most automobiles, this generally means that riders suffer severe injuries or even death when involved in a traffic collision. The most common motorcycle accident injuries include head and neck injuries, broken bones, spinal cord trauma, traumatic brain injuries and death.

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299523_i_haul_.jpgA 44-year-old Chiefland truck driver was killed Nov. 2 in a fiery accident that closed northbound lanes of Interstate 75 near Fowler Avenue for six hours.

According to the Florida Highway Patrol, a 20-year-old Tampa woman was merging onto I-75 north when she crossed into the path of a Panama City man, 48, driving a semitrailer truck loaded down with cardboard boxes.

The driver of the semitrailer apparently swerved into the inside lane to avoid hitting the woman’s 2001 Ford Focus, but collided with the deceased man’s truck, which was carrying aluminum gussets.

The man was pronounced dead at the scene after his truck caught on fire in the median.

Unfortunately, accidents similar to the one in the story above are quite common and often fatal on Florida’s roadways. A truck accident can take a loved one from you in the blink of an eye. The pain, suffering and loss of a primary wage earner can be a truly devastating event for a family. A Chiefland, Florida Accidental Death Lawyer can help you and those close to you get through this challenging time. Many families believe that after the death of a loved one that they can handle the overwhelming matters that come along with a tragic accident like a truck crash themselves, but the reality is that you must think about funeral expenses, lost wages, medical expenses and other bills in addition to focusing on your own emotional recovery. This can often be too much for an individual or family to take on alone.

While nothing can bring back the death of a loved one, it is important for families to understand that they have legal recourse. Filing a wrongful death lawsuit can make sure all negligent parties are held accountable. A wrongful death lawyer at Whittel & Melton can investigate every aspect of an unfortunate truck accident. This can include analyzing the crash site, truck maintenance records, a driver’s log book and employee records. Further investigation may reveal multiple parties are to blame for your loss.

Even when every safety precaution is taken, a truck accident can be caused for any number of reasons, including:

• Driver Fatigue
• Inadequate Maintenance
• Driver Error
• Speeding
• Improperly Loaded Cargo

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1192536_truck.jpgA north Florida man was seriously injured late Friday when a tractor-trailer making a left hand turn ran over his legs.

According to the Florida Highway Patrol, the man was sitting on the shoulder of a Suwannee County road when the semitrailer’s left rear tires ran over his legs.

The man was airlifted to a Gainesville hospital with serious injuries.

As of now, no charges have been filed.

Being hit or run over by a moving vehicle can result in serious injuries that have the ability to change your life forever. When a truck driver runs over a pedestrian, it is usually because they were speeding, intoxicated, distracted or fatigued. The Florida Injury Lawyers at Whittel & Melton can thoroughly investigate the issues surrounding a run over accident. We have accident reconstructionists available to determine the exact cause of the accident as well as medical experts who can fully assess the cost of medical damages and expenses as well testify regarding pain and suffering. The amount of compensation you may be awarded depends on specific facts about the case, such as the severity of injuries, how the injuries have affected the victim’s life and how they will affect them in the future and the parties legally responsible for the accident.

When a pedestrian is struck by a commercial truck, several parties may be to blame for damages. Compensation for injuries or losses may include:

• Medical costs and rehabilitation
• Lost wages
• Future earnings
• Pain and suffering
• Emotional distress
• Disability and disfigurement
• Loss of enjoyment of life
No one expects to become the victim of a truck accident. When these unfortunate accidents do occur, you can feel confident in knowing that the Florida Personal Injury Lawyers at Whittel & Melton will do everything in our power to answer your questions, explain your rights and protect your future and the future of your family member’s. Before speaking with an insurance adjuster regarding your injuries or losses, it is important to first contact Whittel & Melton. While insurance companies may present what seems like a fair settlement offer, they do not have your best interests at heart.

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A tractor-trailer slammed into a motorcycle on U.S. Highway 27 in Polk County this week, resulting in the death of one person and causing a chain reaction of crashes.

In total, three separate crashes involving nine vehicles occurred in the Lake Wales area.

According to a Polk County Sheriff’s Office spokeswoman, the semi was traveling south when it drifted into the northbound lanes around 5:30 a.m. apparently due to poor visibility.

The tractor-trailer smashed into a motorcycle and a Ford Expedition. The 47-year-old motorcyclist was pronounced dead at the scene. The driver of the Expedition was transported to Lakeland Regional Medical Center in critical condition.

A second crash occurred in a northbound lane just south of the first involving a Chrysler minivan, a Toyota RAV-4, a Dodge Charger and a Ford pickup truck. All occupants of the vehicles were taken to hospitals. Their injuries were not considered serious.

No one was apparently injured in a third crash that occurred in the southbound lanes, involving a Mitsubishi car and a Ford Taurus.

Authorities claim the poor visibility that caused the stream of collisions was the result of fog or smoke from a controlled burn about 1.5 miles away.

The series of collisions remain under investigation.

Every year across the United States more than 5,000 motorists die in large truck collisions, including collisions with tractor-trailers and semis. The aftermath of an accident involving a semi-truck can be disastrous, often leaving survivors of the crash with serious injuries that could take weeks, months or even years to recover from. The Florida Semi Truck Accident Lawyers at Whittel & Melton provide victims of big-rig accidents the legal representation they need to recover damages. We also offer representation to families who have unexpectedly and tragically lost their loved ones in a fatal tractor-trailer accident.

A semi-truck can weight approximately 80,000 pounds, and sustaining this type of impact can leave motorists and their passengers suffering from catastrophic injuries. Catastrophic injuries are life-threatening injuries that can leave a victim with an altered physical appearance, mental disabilities and physical impairments. In fact, some catastrophic injuries may never fully heal.
Many catastrophic injuries lead to wrongful death. Catastrophic injuries include:

Traumatic Brain Injuries
• Neurological Disorders
• Burn Injuries
• Neck Injuries
• Amputation
• Head Injuries
• Spinal Cord Injuries
• Paralysis

Tractor-trailer accident victims can suffer from numerous injuries, including more minor injuries such as:

• Whiplash
• Broken Bones
• Sprains and Strains
• Cuts and Scrapes
• Deep Gashes

One of the most important things you can do after a Florida truck accident is to protect yourself and your loved ones from any further damage. This includes contacting a truck accident attorney to guide you through the legal process. While this may seem overwhelming, the Florida Semi Truck Accident Lawyers at Whittel & Melton can make sure you and your family receives the money needed for medical expenses, pain and suffering, lost earnings, emotional suffering and other damages.

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A 53-year-old Volusia County, Florida woman died Friday after she drove into a cement truck. The Florida Highway Patrol said she allegedly stopped at a stop sign before rolling her 2011 Nissan into a cement mixer that trapped and killed her at the scene.

The cement truck was driven by a 38-year-old Daytona Beach man. Troopers said that they do not expect to file charges against the man.

An investigation will ensue to determine why the woman barreled into traffic before the intersection was clear.

According to the Federal Motor Carrier Safety Administration, in 2010 more than 10 percent of all traffic accidents involved commercial vehicles and accounted for an estimated 4 percent of automobile accidents with injuries. In 2008, 4,545 people suffered fatalities with large commercial trucks and buses. Last year, large commercial trucks and buses took the lives of 3, 619 people and injured another 93,000.

Big-rigs, tractor-trailers, semis and any other large truck can weigh up to 80,000 pounds. Once a large truck collides with a smaller vehicle that is not engineered to withstand an impact that large, the result is usually tragic. If the collision does not result in death, the injuries sustained are usually quite catastrophic leaving the victim with crushed limbs, traumatic brain injuries, paralysis, ruptured internal organs and variety of other injuries.

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An 80-year-old Hernando County resident was rushed to Spring Hill Regional Hospital for treatment of a critical injury. The local news is reporting that this Central Florida octogenarian was driving his 1984 Datsun pickup truck on County Line Road (Hernando County side) and drifted in the westbound lane (Pasco County side) causing a head-on collision with a tractor-trailer.

The news reports that the driver of the truck was not wearing a seatbelt, yet was uninjured in the serious motor vehicle crash. Generally a truck accident of this magnitude this will make an immediate impact on insurance policies. Obviously, if the driver of the work truck was engaged in some kind of employment and interesting legal scenario can evolve whereby he may have both a workers’ compensation claim with his employer’s policy, but also have a simple auto negligence claim for the actions of the 1984 Datsun. In other words, after the workers’ compensation claim is completed, the automobile insurance policies can distribute appropriate compensation for the pain and suffering that went unreimbursed during the workers’ compensation claim.

Often times, drivers involved in such a serious accident may be “uninjured” only to learn later of chronic neck and back pain. The reason for this is different in every case but commonly you will find that: 1) The Emergency Room doctors do an exceptionally poor job of determining levels of pain if it is abundantly clear that no life threatening injuries are apparent; 2) After a big collision the human body does an amazing job of masking pain to help cope with the situation; and 3) When another person is very seriously hurt, your injuries, although serious, may seem relatively minor.

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