Hollywood

We Have Recovered Over $1 Billion in Compensation for South Florida Accident Victims and Their Families

Hollywood is located in the busiest part of Broward County. Each day, thousands of vehicles move through the area via I-95, Hollywood Boulevard, and Dixie Highway. This includes a large number of commercial motor vehicles such as 18-wheelers.

These large trucks are subject to strict federal and state safety rules when it comes to driver training and vehicle maintenance. Yet far too many truck operators take liberties with these standards–and the result is often a devastating accident that takes out multiple vehicles at a time. If you have been the victim of such a crash, the Hollywood truck accident lawyers at Dolan Dobrinsky Rosenblum, LLP, are here to help.

We have recovered over $1 billion for our clients in personal injury cases. And we understand the complexity of sorting out liability for an accident involving a commercial motor vehicle. This is often not the sort of crash where damages can be addressed solely through your own insurance policy’s Personal Injury Protection (PIP) coverage. That is why we are prepared to take on the trucking companies and their insurers on your behalf.

What Are the Most Common Types of Truck Accidents in Hollywood, Florida?

The number of crashes involving commercial motor vehicles (CMVs) in Broward County alone may surprise you. According to official statistics compiled by the Florida Department of Highway Safety and Motor Vehicles, there were 4,111 such crashes reported in 2021. This represented a 27 percent increase from the previous year. And within those more than 4,000 crashes were 820 reported injuries and 12 deaths.

Tractor-trailers are complex vehicles. A fully loaded commercial truck can legally weigh upwards of 80,000 pounds. So there is an enormous risk to public safety if something goes wrong with one of these Big Rigs. Some of the more common types of truck accidents we see in our south Florida personal injury practice include:

• Blind Spot Accidents: Semi-trucks have much larger blind spots than passenger cars. Basically, if you cannot see the side-view mirrors of a commercial truck, the truck driver cannot see you. This means the truck driver must be alert and aware of their surroundings at all times in order to avoid a potential blind spot collision.
• Cargo Accidents: If the cargo of a commercial truck is not properly secured, it can become loose during transport. This creates a couple of different risks. One is that the cargo spills out of the truck and onto the highway, effectively creating a series of hazards for other drivers. The second is that the Big Rig’s center of gravity is thrown off, causing the truck driver to lose control.
• Head-On/Rear-End Collisions: When a commercial truck hits another vehicle from the front or the rear, the outcome is almost always catastrophic for the struck vehicle. A rear-end collision is particularly dangerous since the tractor-trailer often rolls right over the smaller car.
• Jackknife Accidents: If you have ever seen a commercial truck accident on the local news, it was likely a jackknife accident. This occurs when a semi-truck driver brakes suddenly, causing the vehicle’s trailer to swing out to an approximate 90-degree angle, potentially leading to multiple collisions as oncoming traffic strikes the trailer.
• Rollover Accidents: Jackknifing can also lead to rollover accidents. This refers to any crash where a truck driver loses control of the vehicle and it rolls over, creating a substantial safety hazard for everyone else on the road.
• Underride Accidents: If a semi-truck stops suddenly, an approaching vehicle may end up getting stuck underneath the trailer, ripping the roof of the smaller vehicle right off. Such accidents are often due to the lack of a side guard on the trailer.

Many of the accidents described above are the direct result of negligence, either by the truck’s driver, the company that owns the truck, or other parties such as those responsible for loading the cargo. Under Florida law, negligence requires proof that a defendant violated some duty of care owed to the plaintiffs. This can be something as simple as failing to obey traffic laws or even criminal acts like driving under the influence of alcohol or drugs. Some other examples of how negligence can lead to a truck accident include:

• Speeding: It is not enough for a commercial driver to simply obey posted speed limits. Given the size and weight of their vehicles, drivers must also ensure they are operating at safe speeds for current road conditions. This means exercising special caution when driving in bad weather or when navigating difficult turns.
• Fatigue: Commercial truck driving is a full-time job. Drivers often spend days on the road attempting to meet strict delivery schedules. Federal regulations limit how much time these drivers can spend behind the wheel without stopping to rest for a certain number of hours. When drivers ignore these limits and try to “push through,” their fatigue often gets the better of them and the result is a catastrophic accident.
• Maintenance: Semi-trucks need to be inspected before each trip, and any known safety issues need to be addressed promptly. Lack of proper maintenance–even something as routine as failing to change a failing tire–can mean the driver loses control of the vehicle at a critical moment while still in traffic.
• Cargo Loading: As previously noted, improperly loaded cargo can come loose and create a major safety hazard. There are certain regulatory and safety standards that companies need to follow when loading cargo to ensure that does not happen.

What Should You Do Following a Truck Accident in Hollywood, Florida?

A truck accident is a serious matter. It is not something you will just walk away from without some form of physical or psychological trauma. And in the moments immediately following an accident you may be unsure of what steps to take. So here are a few things to keep in mind:

• Remain at the Scene: Florida law requires anyone involved in an accident to remain at the scene and render aid to anyone who appears to be injured. Obviously, it is a good idea to move to the side of the road or highway and out of the direct flow of traffic. But never just get in your car and drive away.
• Contact the Police: Call 911. The Florida Highway Patrol or local police are equipped to deal with truck accident sites. They can take charge of the scene, interview all of the witnesses, and prepare an official accident report. Make sure you obtain a copy of this report, as it can be important when later seeking insurance benefits or filing a personal injury lawsuit.
• Exchange Information: The law also requires you to exchange basic contact and insurance information with the truck driver and any other vehicles involved. You should always ask for the truck’s driver’s Commercial Driver’s License number and the contact information for their employer as well.
• Take Photos: If you are physically able and have your smartphone handy, take pictures or video of the accident scene.
• Notify Your Insurance Company: Your insurance policy typically requires that you provide notice of any accident within a reasonable amount of time in order to preserve your right to benefits such as PIP coverage.
• Seek Medical Attention: Even if you do not require emergency medical care at the scene of a truck accident, you should still see your regular doctor or visit a primary care clinic within 24 hours of the crash. In many cases, a person has suffered a serious injury like a concussion or internal bleeding that did not produce any immediate symptoms yet can still present life-threatening complications later.
• Contact an Attorney: You will no doubt have many questions about your legal rights and responsibilities following a truck accident. That is why you should contact a qualified Hollywood truck accident lawyer as soon as you are able.

FAQ’s:

I Was Hit By a Commercial Truck. Can I Sue the Trucking Company?

Assuming your case meets the serious injury threshold, Florida law allows you to sue the company that owns a commercial truck or employs a commercial truck driver for damages. All employers are vicariously liable for the negligent acts of their employees, such as causing a truck accident. Keep in mind, however, that many truck drivers work as “independent contractors” for other companies. And in most cases, vicarious liability does not apply to a contractor relationship. This is why it is important to carefully research the ownership of a commercial truck following an accident to ensure that all potentially liable parties are properly identified.

Is a Truck Driver Negligent If They Stay on the Road Too Long?

Driver fatigue is one of the most common causes of commercial trucking accidents in Florida. It is obviously dangerous to drive while fatigued, and this goes triple for a commercial trucker operating a vehicle that can weigh in excess of 80,000 pounds. For this reason, federal safety regulations limit a trucker’s “hours of service,” i.e., the number of consecutive hours they can stay behind the wheel without stopping to rest or take a break. If there is evidence that a driver ignored these rules and later got into an accident, that can be enough to prove negligence in a personal injury case.

Can I Still Recover Compensation If I’m Partially to Blame for a Truck Accident?

Trucking companies can and often do try to shift blame to the victims when a serious accident occurs. Florida law requires a judge or jury to determine the relative fault of all parties to an accident. A plaintiff’s damages must then be reduced to account for their “comparative fault,” if any. Under recent changes to Florida law, if the plaintiff’s comparative fault exceeds 50 percent–i.e., they are 51 percent or more to blame–they cannot recover any compensation from the defendant.

Our Hollywood Truck Accident Lawyers Are Here to Help

Your own auto insurance policy’s PIP coverage only provides limited medical and wage replacement benefits following an accident. But if you meet Florida’s “serious injury” threshold following a truck accident, you can file a personal injury claim directly against the negligent truck driver, trucking company, or any other party whose negligence contributed to your losses. Through a personal injury claim, you can seek the full measure of your damages, which includes your ongoing pain and suffering and other forms of non-economic losses not covered by Florida’s no-fault insurance.Dolan Dobrinsky Rosenblum, LLP, is dedicated to helping truck accident victims obtain fair compensation following a preventable crash. Call us today at (305) 371-2692 or contact us online to schedule a free consultation. If we accept your case, we will represent you on a contingency fee basis. This means that we will not get paid unless we are able to recover compensation on your behalf, either through a negotiated settlement or a jury verdict. So there is never any financial risk to you in speaking with us about your truck accident.

Driving Directions from Hollywood

If you are from the Hollywood area and looking for a personal injury lawyer, visit us at our Miami office. It is only a 37 min drive close to the exit A1 from I-95 S. For more detailed directions, click here.

• Get on I-95 S from S Dixie Hwy and State Hwy 824/W Pembroke Rd;
• Follow I-95 S, I-95 Express and I-95 S to Miami. Take exit 1A from I-95 S; and finally 
• Follow S Miami Ave and S Bayshore Dr to your destination.

Have you been injured due to another’s negligence? Then don’t hesitate to schedule an appointment today to get a free case evaluation. Our experienced attorneys are ready and eager to help you.