Articles Tagged with Fort Myers trucking accident

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One of the greatest dangers in a Fort Myers trucking accident is the risk of a smaller vehicle ending up underneath a large commercial trailer. So serious was this problem that in 1998, the Federal Motor Carrier Safety Administration (FMCSA) implemented a requirement that vehicles weighing 10,000 pounds or more and manufactured after 1998 must be equipped with underride guards. These steel features are supposed to prevent other vehicles from ending up underneath a large truck, which is associated with catastrophic injuries. truck

The underride guard requirement only pertains to certain trucks and even then, only to the rear. The issue still affects a significant number of cases. For example, the Insurance Institute for Highway Safety (IIHS) reports that all the advances in modern vehicle technology are not effective if a vehicle ends up under a truck. The way most underride guards are designed, a passenger vehicle that rear-ends a semi-truck at an angle can still end up under the truck.

In 2011, of the more than 2,200 passenger vehicle occupant deaths in large truck accidents nationally, 260 died when the front of their vehicle struck the rear of a truck. It’s not clear exactly how many of those instances involved underride, but a 2011 study by IIHS found that of 115 fatal truck crashes, about half indicated severe or catastrophic underride damage.  Continue reading →

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Insurance companies have a responsibility to their insureds and those harmed by their insureds to timely pay fair sums for legitimate claims. When they fail to do this, they may be sued for acting in bad faith. truck4

F.S. 624.155 allows direct legal action against insurers who violate this tenant, and a finding in favor of the plaintiff may result in compensation for triple the amount of original damages.

Usually in auto accident cases, we represent injured parties who are either seeking UM/UIM (uninsred/underinsured motorist) benefits against their own insurance companies, or have been granted rights to pursue the insurer directly after securing a judgment against a defendant insured.  Continue reading →

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If you are a 17-year-old driver in Florida, you are restricted via the state’s Graduated Drivers Licensing law to operation of that vehicle between the hours of 5 a.m. and 1 a.m., and at all other times must be accompanied by a licensed driver who is at least 21-years-old in the passenger seat or be traveling to and from work.trucksontheroad1

Novice drivers aren’t eligible for a full license before they reach 18. But now, if a bill moving its way through the U.S. Senate is successful, newly-licensed 18-year-olds will be considered qualified for a job on a big rig.

Federal law currently prohibits drivers under 21 from operating semi-trucks and tractor-trailers across state borders. Some states do allow 18-year-olds to operate these vehicles, but they can’t haul from state-to-state, which doesn’t make them good candidates for most long-haul trucking positions. Continue reading →