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Did you know that one person is injured or killed in a truck accident every 16 minutes? 

The United States Department of Transportation estimates that over 500,000 truck accidents occur every year. More than 75% of truck driving accidents are due to the driver of the passenger vehicle.

Did you know that typically the injuries to the victims are severe and often fatal?

Large trucks account for only about 3% of auto accidents, yet because of their sheer size and weight, a semi-truck or 18-wheeler can cause incredible damage to the other vehicles involved and their passengers.

Do you know what to do if you are injured in an accident involving a commercial truck?

Seek medical help immediately, make sure everything is documented, make sure that law enforcement has responded to the accident and made a report.  Never take any calls from insurance companies without consulting with an attorney that specializes in trucking accident collisions first.  Often these accidents are the result of trucking safety or driving law violations. State and federal regulations often come into play in a truck collision. Truck accident cases can be complicated because the truck, trailer and contents can be owned by different companies and operated by yet other independent companies. For this reason, it’s imperative that you work with a Florida truck accident attorney who is skilled in this area of litigation.

Do you know what to do if someone loses their life in a trucking accident?

Once again, it is important that you speak with a skilled truck accident attorney.  There are many processes that the families of the deceased must go through and it can be very overwhelming given the grief and stress they are already enduring.  Having the right attorney and her staff helping them through the process can provide a lot of relief at that time.

Did you know that Marianne Howanitz is a nationally recognized truck accident attorney?

I am always available to answer any other questions or concerns you might have about a truck accident. And, as always, there is no charge to you at any time until or unless a settlement is reached.  You may reach me at 352-512-0444 or through my website: www.ocalaaccidentlaw.com.

Did you know this fun fact?

The world’s most solitary tree is located at an oasis in the Tenere Desert in Central Africa. There’s not one other standing tree within 31 miles. In 1960, it was smashed into by a truck.

As always, stay safe out there friends!

YOUR #truckaccidentattorney, Marianne

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Every car accident claim needs a strong foundation of evidence to establish fault for the crash and show the extent of the damages you or your loved one suffered.
Even though you may be the innocent victim of someone else’s negligence, when it comes to your day in court, YOU have the burden of proving who’s at fault and what your damages are.  The at-fault driver or owner of the car does not have a duty to preserve evidence for you to present your case.

Physical evidence from the accident comes in many forms. First is pictures and video, which have become increasingly easier to gather thanks to camera phones. You or someone at the scene should take photos of the area, any damaged property, the vehicles involved, and your injuries. Also see if there are any nearby buildings with outside surveillance cameras that may have captured the crash.

So…what do you do?  If you or a loved one is injured due to the negligence of another, you need to make sure you get an attorney that will aggressively investigate your claim and lock in all of the evidence at the get go.  That’s our “lock and load” stage.  Whether it’s visiting accident scenes, junk yards, inspecting vehicles, obtaining surveillance videos or tracking down witnesses and getting their statements, we are on it.  Don’t hesitate to call me immediately from the accident scene.  I want to be there when you need me most.  When it comes down to it, you want an attorney that’s not afraid to get “down and dirty” for you!

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Listen to any morning traffic report or talk to any friend and you know — car accidents happen all the time. And everyone’s got their own story. So how do you separate fact from fiction?

Here are five of the most persistent car accident myths compiled by Christopher Coble, and why they’re they are just plain wrong.

If You’re Not Hurt Right Away, You Can’t Sue for Injuries Later.

Some injuries, especially those like whiplash, can take weeks or months to develop noticeable symptoms. As long as you’re within your state’s statute of limitations, you can file an injury claim. Even if you don’t feel hurt, you should probably seek medical attention immediately, just to be safe.

The Other Driver and I Can Work It Out.

One of the biggest mistakes after a car accident is admitting fault. And this can happen easily, even by mistake, if you’re negotiating on your own with the other driver. While a minor fender bender may only require the exchange of insurance information, anything more serious may require legal assistance.

The Police Will Determine Whose Fault It Was.

If your car accident involves significant damage or any injury, you should call the police so they can write an accident report. And while this report may come in handy in court later, the police don’t ultimately decide blame for an accident. It’s possible that insurance companies, lawyers, and the courts could battle over liability, so you should supplement any police report with your own notes, pictures, evidence, and recollections.

Your Insurance Company Will Handle Everything.

While insurance is a great, and a legally required thing to have, your policy may not cover everything, and the company may not be eager to pay out what is covered. You should review any offer your insurance company makes and be especially wary of talking to the other driver’s insurance company or attorneys.

I Don’t Need an Attorney to File My Injury Claim.

It’s possible a minor accident won’t necessitate the advice of an attorney, but if there’s any dispute regarding who was at fault, the damages, or enforcing payment, you might want a good lawyer on your side. This is true even if you’re planning on settling your claim out of court.

Hopefully you’ll never find yourself involved in a serious car accident. But if you have been, you may want to consult an attorney regarding your options.

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A black box. Also known as event data recorder it is traditionally associated with airplane accidents because it helps the investigators to determine what went wrong. But the technology is no longer limited to aircrafts. In fact, you most likely have a black box beneath your seat or behind the dashboard in your car. Almost all new cars are already equipped with one of these small devices and if you drive a car that is not older from 5 years, you most likely have one yourself. If you are not sure whether your car is equipped with a car black box or not, you can check the owner manual. The data from the car black box is a reliable record of the driver’s actions few seconds before the accident and is an important piece of evidence when there are no witnesses of the accident or/and the drivers are blaming each other for causing the collision. It records various data depending from one car to another, most often the speed, turning, braking, accelerating, decelerating, etc. about five seconds before the collision. However, those five seconds are usually enough to get the necessary information about the events that led to the accident. Even more, the data from the car black box has been also used as evidence in the courts and had a major influence on the outcome of the trial.

It is vitally important to contact an experienced Personal Injury Attorney as soon as possible after your accident in order to preserve as much evidence as possible.

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According to the National Highway Traffic Safety Administration (NHTSA), more than three million people are injured each year in vehicle accidents across the country. The different injuries resulting from a car accident can be as varied as the individual circumstances of each collision, but there are some types of injuries that are more common than others.

Some car accident injuries may resolve within a matter of days without any medical treatment at all. More serious injuries might become permanent and result in some level of physical disability.

According to NOLO.com, the type and severity of injuries suffered by drivers and passengers involved in a car accident depend on factors that include:

  • Was the person wearing a seat belt?
  • Did the person’s car get hit from the rear, side or front?
  • Was the occupant facing straight ahead in the seat? Or was the person’s head or body turned in a certain direction?
  • Was it a low-speed collision or a high-speed crash?
  • Did the car have airbags?

There are two broad categories of injuries caused by car accidents: (1) impact injuries, and (2) penetrating injuries. Impact injuries are typically caused when part of the person’s body hits some part of the interior of the car. Often this can be a knee hitting a dashboard or the head hitting the seat rest or the side window. Penetrating injuries are typically cuts and scrapes. Shattering glass or loose objects flying inside the car on impact often cause these types of injuries.

Soft Tissue Injuries and Car Accidents

A soft tissue injury is damage to the body’s connective tissue, which means muscles, ligaments and tendons. This is the most common type of injury resulting from a car accident. Soft tissue injuries can take many forms.

A “whiplash” type injury to the neck and upper back is a form of soft tissue injury. In that type of injury, the muscles and ligaments are stretched due to sudden movements imposed on the head and neck in the collision. These same mechanisms and forces can cause soft tissue injuries in other areas of the body such as the back. Car accidents often cause mid-back and low-back muscle sprains, and sometimes cause more serious back injuries because of the impact force against the spine.

Scrapes and Cuts

In a car collision, any loose objects inside the car immediately become projectiles thrown about the car’s interior. This includes cell phones, coffee mugs, eyeglasses, purses, books, dash-mounted GPS systems, etc. If any of these items hit your body, they can easily cut your skin or cause other injury.

Sometimes these scrapes and cuts are relatively minor and require no medical treatment. More serious injuries can result in loss of blood, and may require stitches.

Cuts or scrapes can also result if your airbag deploys in the collision.

Head Injuries and Car Accidents

Head injuries can take a number of forms, some relatively minor and others quite severe. A car’s unexpected stop or change in direction often causes the heads of the car occupants to experience sudden and unnatural movements. This can cause muscle strains in the neck and back (as discussed above). But the head itself can also be injured. Impact with a side window or steering wheel can cause scrapes and bruising to the head, or even deeper lacerations. More severe collision impacts can cause a closed head injury. In that situation, the fluid and tissue inside the skull are damaged because of the sudden movement or impact of the head. Less severe closed head injuries often result in concussions, while the most severe impacts can cause brain damage.

Chest Injuries

Chest injuries are also a common result of a car accident. These injuries typically take the form of contusions or bruises, but can be more severe, such as broken ribs or internal injuries. Drivers often experience chest injuries because of their position behind the steering wheel, which allows very little freedom of movement before the chest collides with the steering wheel. If a person’s body is thrown forward in a collision, even though it might not impact the steering wheel or dashboard, the chest area will still experience a high level of force against the shoulder harness or seat belt, which can cause severe bruising.

Arm and Leg Injuries

The same forces that unexpectedly throw a person’s head about in car collisions act similarly on arms and legs. If your car suffers a side impact, your arms and legs might be thrown hard against the door. While positioned as a passenger in a car, your legs typically have very little room for movement. Car accidents often cause an occupant’s knees to hit the dashboard or seats in front of them. Depending on the nature of the collision, injuries to your arms and legs might be mere bruises or scrapes, but sprains and even breaks can occur.

Keep in mind that some injuries are not readily apparent following a car accident. Depending on the nature of the injury, it may take days, weeks, or even months for symptoms to appear. So, if you are in a car accident, it is best to seek medical treatment for even the slightest discomfort or early indication of injury.

Since we don’t look like “Graham” (at least I hope you don’t!), drive safely out there friends!

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The answer is yes. Even after a minor accident, a police officer can help you sort things out, and document what happened in case that becomes important in the future. As nice as the other driver might seem, their story may change and it will be difficult to prove without the backup of a police report, as recently happened to one of my clients. Having an accident report cuts down on the he said/she said at the get go.

A police officer’s presence at the scene — and any resulting police report — may be crucial to your claim. A trained police officer can be an invaluable source of help and information in such a confusing situation. A police officer can:

  • provide or call for emergency medical care (of course, if there are injuries, someone should call 911 as soon as possible, before calling the police)
  • protect the accident scene, and
  • investigate and document the cause of the accident.

In cases involving injuries, substantial damage to the vehicles, or significant motor vehicle law violations, the officer will write a police report of a car accident. Make sure to get the name and badge number of the officer and the police agency that the officer represents so you can get a copy of the accident report after it’s written. Also get the report number if it’s available.  There will probably be a small charge for the police report, but it’s worth it. The police accident report is a critical document which is relied upon fairly heavily by everyone involved in the claims process.

If You Have a Fender-Bender With No Injuries

Should you still call the police even if your accident is just a minor one? The answer is usually yes. Even after a minor accident, a police officer can help you sort things out, and document what happened in case that becomes important in the future. However, in many metropolitan areas, the police probably won’t come to the scene of your minor fender-bender. They will simply tell you to exchange information with the other driver. The police will not prepare a report in this situation.

If the Police Tells You to Just Exchange Information

If you do call the police, and they tell you to just exchange information with the other driver, what information should you exchange? At a minimum, make sure you get from the other driver(s) — and that the other driver(s) get from you — the following information:

  • Name
  • Address
  • Telephone numbers
  • Name of car insurance company
  • Policy number
  • Name, address and telephone number of insurance representative that you should contact about this accident.
  • License plate number (and state in which the car is registered)

Ask to see documents from which you can copy this information, such as a driver’s license and an insurance verification card. Why? Sometimes, drivers — such as those who don’t have insurance — will give false information if you don’t verify what they are telling you. If they won’t verify their information, call the police and insist that the driver stay until the police arrive.

If you are suspicious about the information you are getting, call the other driver’s insurance company from the scene of the accident to verify for yourself that the other driver has given you accurate information. But only verify coverage. Don’t give accident details to the other driver’s insurance company. Not yet. You’ll do that later, after you’re away from the scene of your accident and have calmed down.

If the Police Are On Their Way

If you call the police, and they do send an officer to the scene of your minor accident, they may give it a low priority. It could take up to one hour for an officer to arrive after you call the police. Wait for them. What should you do while you are waiting for them to arrive?

  • Assess the situation
  • Help anyone who is hurt
  • Protect the scene against further damage
  • Don’t make any agreements with the other driver at the scene
  • Document the scene with your cell phone or camera, and
  • Contact your own insurance company to notify them and see if they have anything they want you to do while there.

Once the police officer arrives, speak only with him or her about the specifics of your accident. Provide the information that the officer requests, but be careful what you say, even to the officer.

If you have any questions about what you should do, contact your local accident attorney for a free consultation.  My office is always happy to answer your questions!

Stay safe out there, friends!

 

 

 

Source:  http://www.all-about-car-accidents.com/

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Heading out for a trip to see the fall foliage? Make sure that you check out the condition of your tires before you leave.  For many drivers, there is nothing more frightening or potentially dangerous than a tire blowout at almost any speed. While the number of tire-related crashes has dropped dramatically since 2008, when all new vehicles were required to have automatic tire pressure monitoring systems, these numbers still remain high. The stats do not lie, as tire blowouts and flats result in nearly 11,000 collisions and 200 fatalities each year.[1]

With all the advances in safety standards and technology, why are tire blowouts still such a significant safety issue? According to Traveler’s Insurance, one reason may be that since blowouts are now a rarer occurrence, when they do happen, drivers are less prepared to handle them and react properly. When a tire blows out, it can take about ¼ second before your ride suddenly becomes a struggle to avoid an auto accident. How you react can make all the difference in how the situation resolves itself. The first step is staying calm and in control of your vehicle.

What Does a Tire Blowout Sound Like?

Expect to hear three key sounds that may vary depending on your specific situation. First, you may hear a loud boom or bang of the tire popping reverberating through your car. You may then hear a whooshing sound or the sound of the air quickly escaping from the tire, and finally, a repeated flapping or flopping of the deflated tire hitting the road.

What Does a Tire Blowout Feel Like?

When a tire explodes at speed, first you will feel the vehicle slow down, then it will pull strongly to the left or right depending on which tire burst.[2] If it was a front tire that burst, you will feel the force mostly within the steering of your vehicle. With a rear tire, you will feel it more in the seat or body of the car. Whether the blowout occurred in the front or back, your response should be the same in either situation.

How to Drive Through a Tire Blowout

According to the National Safety Council and other safety experts, there are some important tips and best practices to remember if you experience a tire blowout.

  • Keep a firm grip on the steering wheel.
  • Do not slam on the brakes.
  • Let your car slow down gradually.
  • Pull to the side of the road once you have slowed to a safe speed.
  • Activate your emergency flashers.[3]

What to Do After a Tire Blowout

After a blowout, only exit your vehicle if you are certain you are safely off the road and out of harm’s way. Turn your emergency flashers on to alert other drivers, and put out reflective cones or triangles if you have them. If it is not safe to change the tire where you are, or you are unsure how, call for roadside assistance.

Also keep in mind that a spare is only recommended for emergencies and should not be driven for long distances or at high speeds. Take the time to read your owner’s manual to learn where your spare tire and necessary tools are located. Your manual may also provide instructions on how to change a flat tire. It is a good idea to be familiar with these procedures before you get stuck on the side of the road.

How to Prevent a Tire Blowout

The good news is that many tire blowouts are preventable with the proper effort and attention. Most occur from May through October when the road surface is the hottest, resulting from an underinflated tire, excessively worn treads, or an overloaded vehicle. A simple, routine inspection of your tires to check for slow leaks, wear and tear, and proper pressure is important. Keeping your load light, within your vehicle manufacturer’s recommendations (found in the same spot as the recommended tire pressure), can help too.[4] 

So head on out for a great fall adventure, and stay safe out there friends!

YOUR #accidentattorney,

Marianne Howanitz

[1] http://www.safercar.gov/tires/index.html
[2] http://www.ntb.com/tires/Tire-Blowout-Education.j

[3] http://www.nsc.org/news_resources/Resources/Pages/WhattoDoIfYouHaveaBlowoutontheHighway.aspx
[4] http://www.popularmechanics.com/cars/how-to/repair/why-blowouts-happen-and-how-to-avoid-them-15832078

 

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My office often gets calls from accident victims that felt fine immediately after the accident and by a week later are in some serious pain.  Vehicle accident injuries can be late-appearing. Here’s how to protect your health and your legal rights.

 

Almost any car accident is a traumatic event. From catastrophic collisions to fender-benders, there is a lot of force involved when a vehicle hits (or is hit by) something. Often, when people are in a car accident that seems minor, they do not notice any injury symptoms right away. This happens for a variety of reasons. In this article, we’ll help you understand the importance of monitoring your injuries following a car accident — for your physical well-being and to protect your legal rights.

Shad Withers, writing in the legal blog Nolo.com, had some really good advice that I would like to pass on to my friends.

 CAR ACCIDENTS ARE EXCITING

Not “exciting” in the fun sense, more from a physiological perspective.

Sometimes athletes get injured during a game, and they continue to play without noticing the injury until the game is over. That is because their bodies are generating adrenaline and endorphins. These two chemicals operate to super-charge our bodies and even block pain.

Most car accidents will create a similarly heightened level of excitement. Your body will generate adrenaline and endorphins, which means you feel increased energy and (possibly) a lack of pain. Just because you feel fine immediately following a car accident, that doesn’t necessarily mean that you are fine. Once the release of those chemicals subsides, the pain from any car accident injuries could start to set in.

SOFT TISSUE INJURIES AFTER A CAR ACCIDENT

A soft tissue injury refers to damage done to parts of the body other than bone. Muscles, tendons, and ligaments are considered “soft tissue.”

Car accidents, even low-speed ones, generate a lot of force. Drivers and passengers often come to a sudden stop right along with the vehicle in a car accident; or they may get thrown around the passenger area. This places a lot of stress on joints and other vulnerable areas of the body.

Perhaps the most common — if not the most recognized — type of soft-tissue injury is “whiplash.” This refers to an injury to the neck muscles when the head is suddenly, and forcefully, thrown forward and then back.

Soft tissue injuries typically result in pain, swelling, and reduced mobility, but these symptoms may not show up immediately. They can take days, even weeks, to manifest. In addition, soft tissue injuries are not visible on an X-ray. This makes them more challenging to diagnose and document. Getting proper medical treatment is the key first step, at or even before the first sign of pain or discomfort (more on this below).

CONCUSSIONS AFTER A CAR ACCIDENT

Your brain is well-protected by your skull and the fluid inside of it. However, if you strike your head, or your body is violently jolted, your brain may strike the inside of your skull with great force. If this happens during the course of a car accident, you may sustain a concussion.

Concussions can be very serious, and the symptoms do not often show up immediately. Sometimes the symptoms are obvious (such as disorientation or even loss of consciousness), but they can also be more subtle. Here is a list of concussion symptoms:

  • clouded thinking
  • inability to concentrate
  • difficulty remembering new information
  • headache
  • blurry vision
  • nausea
  • dizziness
  • lack of energy, and
  • abnormal sleep patterns (sleeping more than usual or less than usual)

If you exhibit any of these signs following a car accident, you may have a concussion; and you should seek medical attention.

SEE A DOCTOR AFTER A CAR ACCIDENT

Following a car accident, you should see a doctor if you feel any level of pain and discomfort. It may even be a good idea to get checked out even if you feel fine. Your doctor will be in the best position to determine whether you sustained any serious injuries in the accident. Your doctor can also give you advice on monitoring symptoms of potential injuries, including the sorts of red flags to watch out for.

If you end up making any sort of injury claim after the accident, it’s crucial to be able to document the fact that you sought medical treatment within a reasonable amount of time. If you wait too long to see a doctor, the insurance adjuster is going to argue that you couldn’t have been all that injured.

DO NOT SETTLE RIGHT AWAY

Following a car accident, the other driver’s insurance company may contact you and try to get you to sign a release of any claims you might have. The insurance company may even offer you a sum of money to entice you to sign the release.

You should wait until you have been fully evaluated by a medical professional before signing anything the adjuster puts in front of you. You should also wait long enough to make sure all injuries from the car accident have fully manifested themselves. Your doctor can help you determine how long this needs to be. If you sign a release, and an injury shows up later, you cannot then go back to the insurance company and ask them to pay for your medical treatment. You waive your legal right to pursue that compensation when you sign the release.

If you’ve suffered significant injuries after a car accident, or you just want to make sure the claims process goes smoothly, you may want to talk with an experienced attorney. Learn How an Attorney Can Help with a Car Accident Claim.

My staff and I are always happy to answer questions about your accident you may have free of charge. And if we can’t help you, we may be able to point you in the right direction.

Stay safe out there friends!

YOUR #accidentattorney,

Marianne Howanitz