Tuesday, April 28, 2009

The Bigger They Are the Less They See You

It's not such a smart move to travel too close to big rigs while you are rocketing down the nation's highways. The bigger they are, the harder time they have seeing smaller vehicles right next to them.

America's highways are home to many kinds of vehicles, ranging from school buses to passenger vehicles, and from tow trucks to tractor-trailers – the big rigs that are sometimes called double wide because they are hauling two trailer units, not just one. That makes for a lot of truck to pass.

Sharing the road with monsters like a double wide is a bit of a balancing act, and drivers need to be alert and aware of where they are at all times in relation to the rig. Let's talk a bit about just how big some of these units happen to be. Would you believe that a loaded tractor-trailer is up to 8 ½ feet wide? To put this into perspective, that works out to be 102 inches, or 50% wider than your car.

Not only are these units wider, they may also be hauling up to 65 feet of trailer behind them on the road. On the other hand, logging trucks may range up to 70 feet long, which translates into four times the length of an average car. If you’re going to pull out and pass one of these trucks, you had better know what you are doing and have a clear road to do it.

Did you realize that the usual load for a truck with a "single" trailer may range up to 80,000 pounds? Some states allow truckers to haul on a multiple axle basis, which kicks up their load capacity anywhere from 120,000 pounds to 160,000. That is a lot of serious danger on tires and is what can be called a deadly weapon on wheels, even if the driver knows what they are doing.

Sharing the road with these rigs not only means they need to drive responsibly, but that you must also take extra steps to drive safely when around them; for instance, stay out of the truck's blind spots. Sure truck drivers have side mirrors as do car drivers, but both have blind spots. For trucks, there are blind spots on both sides of the vehicle and directly behind it. Be smart. If you can't see the truck's side mirrors, then you are in the blind spot – hurry up and pass or drop back.

There have been TV ads about the dangers of following huge rigs too closely, yet people still do it. The ideal distance from the back of a big rig is at least 25 car lengths. Give yourself room to get out of danger if something happens ahead of the truck.

If you opt to pass a big rig, then don't pull back in front of it the minute you have passed its nose end of the cab. Wait until you are able to see the headlights in your rearview mirror.

Tony Francis is an Orlando personal injury lawyer. His practice specializes in being an Orlando accident lawyer helping innocent victims get compensation for their losses. To learn more about Orlando injury lawyer, Orlando personal injury lawyer, Orlando accident lawyer, Orlando injury attorney, visit Francislawgroup.com.

Thursday, April 2, 2009

Doing It Out of Court

Doing it out of court is sometimes the right answer to getting a case resolved, but that depends on the advice of your lawyer.

If you're in the middle of a personal injury case and the opposing counsel makes a settlement offer, should you consider taking it? That is the 64 million dollar question and there is usually more than one answer to it as well. While an offer is definitely worth considering, you and your personal injury lawyer will have to sit down and consider the overall ramifications of accepting a settlement.

Settlements can take place before or after a compensation claim was filed. If the offer for settlement is coming before you have filed a claim, then the smartest move you can make is to talk to your lawyer. Usually there is more to settlements than meet the eye, and even if you think it looks good, your lawyer may discover a problem or potential trap if you take the settlement at face value and run with it.

If the settlement offer comes after the claim has been filed, then you already have a lawyer who will discuss this latest case development with you before you make plans to proceed or settle out of court. Something you should understand is that either party in a personal injury case is able to make an offer of a settlement. In most circumstances, however, it's the guilty party, etc. who makes overtures of settlement. In some cases, a settlement is useful for both sides.

A good example is settling a personal injury case out of court. This will speed up the time frame for receiving financial damages and allow the injured party to get proper medical treatment a lot faster than waiting for a jury trial and eventual settlement. In other words, victims actually get the money when they need it. The bottom line is that settling early saves both sides a lot of money in court costs and attorney's fees.

You will tend to find that most insurance companies involved in litigation are inclined to offer settlements, again because it is faster and easier for them to deal with the personal injury claim in this expeditious manner. Check out any offers of settling with your experienced attorney who will advise you whether or not it is in your best interest to proceed with a formal lawsuit or take the settlement.

Tony Francis is an Orlando personal injury lawyer. His practice specializes in being an Orlando accident lawyer helping innocent victims get compensation for their losses. To learn more about Orlando injury lawyer, Orlando personal injury lawyer, Orlando accident lawyer, Orlando injury attorney, visit Francislawgroup.com.

TBI Becoming Higher Profile

It's frightening to know that every year in the U.S. there are roughly 1.5 million Americans who will suffer from the effects of a traumatic brain injury that ranges from mild to severe. This number is higher than the number of people who will suffer heart attacks.

Those who do not survive their initial traumatic brain injury (TBI) number over 51,000 and over 230,000 people land in the hospital with TBI and manage to survive. Most of them survive with some significant memory loss and a definite change in personality -- and a dramatically altered life style that changed in the blink of an eye.

Further statistics indicate that over one million people are actively treated in an ER setting for TBI and that roughly $56 billion is spent treating the results of TBI. This is no small potatoes in terms of being a serious and life-threatening event. Once such an injury has been sustained, the victims face dealing with long-term disability and over 90,000 Americans deal with this daily.

The frightening thing about TBI is that it is often misdiagnosed as a bump, bruise or contusion and no further investigations are conducted. This is an injury that does not tend to leave any visible signs; and thus, it goes its silent way, doing more and more damage as it is left untreated. People who have suffered a TBI look normal on the outside, but that can't be said to be true on the inside.

The issue of dealing with TBI has started to be a major concern these days, thanks to the numbers of Iraq war vets returning home with this type of injury. It's on the increase thanks to soldiers bodies being adequately protected from bomb blasts, but the protection they were wearing did nothing to shield their brains from massive concussive explosions.

The national spotlight is hotly focused on this issue now more than ever thanks to the story of ABC News Anchor Bob Woodruff who suffered a brain injury last year as the result of a roadside explosion in Iraq. While cases like this serve as a flash point of knowledge for others who may not know about TBI and its effects, most of the cases aren't happening in the war zone in Iraq. They're happening in traffic accidents. Over 40% of TBIs happen in car crashes.

With all the protective equipment in cars you’d think people would be safer, and not at a higher risk for such serious injuries. Sadly, it is the result of all this extra "protective" technology – air bags, helmets, and seat belts – that has seen an increase in TBIs over the last ten years. Why is this the case? All this stuff that protects us from dying isn't protecting us from injuring our brains.

If you've been in an accident and suffered a TBI, immediately contact a competent TBI attorney who will be able to guide you through the process of obtaining a just settlement from the courts.

Tony Francis is an Orlando personal injury lawyer. His practice specializes in being an Orlando accident lawyer helping innocent victims get compensation for their losses. To learn more about Orlando injury lawyer, Orlando personal injury lawyer, Orlando accident lawyer, Orlando injury attorney, visit Francislawgroup.com.

Drinking and Driving Don't Mix

While most people get the picture that drinking and driving don't mix, there are still those who think the rules don't apply to them because they are the exception and will not get caught.

Drunk driving education has been in effect in all American states for many years now, and yet, devastating accidents continue to happen. "No matter how graphic the pictures of the carnage, crashes due to an inebriated driver are regular occurrences on police blotters across Florida," said Orlando injury lawyer, Tony Francis of the Francis Law Firm in Orlando.

On the upside of this story is the fact that in 2006, drunk driving deaths dropped to 959 fatalities, a significant drop from 2005's number of 1,271. While there is definitely room for improvement here, the numbers are encouraging. However numbers like these are still cause for concern and this is one of the reasons that all 50 states have two statutory offenses for those charged with operating a vehicle while under the influence of alcohol.

"The first offense and it's considered to be the original one," explained Francis, " is called either driving while under the influence (DUI), driving while intoxicated (DWI) or operating a vehicle while impaired (OWI)." What a driver is charged with is usually at the discretion of the police officer that pulls them over. The second offense is called illegal per se, which basically means operating a vehicle with a BAC of 0.08% of higher.

"Floridians are nothing if not creative," indicated Francis, as he outlined an interesting program launched in Maricopa County called DD 24-7 that stands for Designated Drivers 24-7. It was started in December of 2008 and became a virtual overnight success when they offered people and groups (there's even an executive membership) a pick up from where they were drinking and a drive home safely. "The program takes the person's car and them home safely," he added.

It's a fairly straightforward service. Anyone who has been drinking and isn't able to drive calls DD 24-7 and within 30 minutes a team of designated drivers shows up. The first driver handles the member's car, the member, and any guests by dropping them off at home. Driver number two follows along and then takes the first driver back to the office.

Without getting into the wherewithal of payments, tips or any fees that may be required for this service, it's a sign of the times that private individuals are taking matters into their own hands to make a difference in waging war on drunk drivers. Along the way they have demonstrated that people can make a difference in dealing with the problem of drinking and driving by thinking outside the box. Would the government have the same capacity to address this issue in a more successful manner?

"Drinking and driving is not the smartest thing to do," commented Francis, "but if you do indulge and get stopped, do not take any of the roadside sobriety tests. Wait until you have contacted an attorney before you say a word. It may mean a trip to the police station, but on the other hand, it may also mean I might be able to save your license," he added.

To learn more about Orlando injury lawyer, Orlando personal injury lawyer, Orlando accident lawyer, Orlando injury attorney, visit Francislawgroup.com.

Breathalyzer Use Still a Point of Contention

It's not rocket science, although one might wonder when faced with some of the latest breathalyzers on the market. The fancier they get, the more legal challenges they generate.

Law enforcement loves breathalyzers for what secrets they tell about a driver suspected of operating a vehicle under the influence of alcohol. The problem lately is that some of the newer models being used in the field – the Intoxilyzer 5000 and Intoxilyzer 8000 – are being fought tooth and nail by attorneys because of the admissibility of the results.

It seems the major problem is that the company that makes these interesting machines isn't in any mood to share their source code. While this may be just a company protecting its technology and the right to protect its patent, etc., it is also a major stumbling block with DUI attorneys who are rightfully pointing out that their clients can't get a fair trial without being able to see if the source code actually works properly and more importantly, accurately.

While this might not concern too many people, it concerns the legal community because recently a Florida judge booted more than 100 DUI cases out of court because the court couldn't get a look at the source code. "This makes a major difference in how people are defended. It's their basic rights we're talking about," stated Orlando person injury lawyer, Tony C. Francis.

The issue is that unreliable or possibly inaccurate source code in these machines may offer inaccurate blood alcohol test results. "If that happens," added Francis, "this may mean convicting innocent drivers." Although many of the courts across the country are ordering manufacturers to cough up the code so the defense may inspect it, there hasn't been much success to date.

Where this issue will end up is anyone's guess, but suffice it to say that it certainly goes right to the heart of an accused's right to have all relevant information at their disposal. If we are charging and convicting people who are innocent of the crime of driving while under the influence, we need to remedy this situation before further injustice is done.

To learn more about Orlando injury lawyer, Orlando personal injury lawyer, Orlando accident lawyer, Orlando injury attorney, visit Francislawgroup.com.

Tuesday, February 24, 2009

Large Truck Collisions Cause Devastation

There's an old saying that one's life may change in the blink of an eye. Do not look now, but that happens to be true, more particularly so when dealing with large truck collisions. They alter one's life in ways no one wants to think about.

It only takes one mere blink, a quick moment of inattention, and the event is over; the dust takes longer to settle. A collision with a large truck is something no one will ever forget, as the consequences for survivors are monumental. Thousands of big rig accidents take place every year, and every year more lives are impacted by debilitating injuries or death.

Hitting a big rig, or being hit by one, is the virtual equivalent of running into a brick wall. The destruction is quite graphic and usually one of the drivers in this mismatched meeting of two vehicles will be severely injured or die from their injuries. Definitely the smaller vehicle (usually a car, light truck or SUV) will take the brunt of the damages and be totaled. Ask Tony Francis of the Francis Law Group in Orlando, Florida, about the consequence of big rig accidents, as he has extensive expertise in this area.

The rising number of large rig accidents did prompt the federal government to create the Federal Motor Carrier Safety Administration, whose role is to provide uniform rule and regulations for truckers to follow. While having the rules in place is one thing, having people follow them is something entirely different. "One thing the Administration does that helps to reduce the number of big rig accidents is make regular testing mandatory to show that the truck drivers are in compliance with the regulations," explained Francis.

"The regulations now in place cover a wide variety of areas, but the one that is most relevant to the accident situation nationwide is the section that deals with driver disqualifications and penalties," added Francis. For instance, some of the behaviors that may disqualify a truck driver from driving a big rig are consistently speeding 15 mph or more over the posted limit; reckless driving; improper or erratic lane changes; and tailgating.

There are more noted violations and one even includes illegally driving a big rig without the proper license to do so. It's a scary thought that there are rig drivers on the roads that do not have the right type of license to be manhandling a huge vehicle weighing over 10,000 pounds.

If a big rig accident has caused the loss of a loved one or caused severe personal injuries, contact a highly qualified, large truck crash, personal injury lawyer such as Tony Francis of the Francis Law Group in Orlando, Florida. Francis knows precisely what needs to be done to get his clients a just settlement in cases like this.

To learn more about Orlando injury lawyer, Orlando personal injury lawyer, Orlando accident lawyer, Orlando injury attorney, visit Francislawgroup.com.

Safety On and Off the School Bus Is an Issue

Thankfully, school bus accident statistics are not nearly as horrendous as car crash figures; however, that is not to say the figures do not reveal there are a substantial number of children hurt or killed each year in school bus mishaps. Tony Francis of the Francis Law Group in Orlando, Florida, is intimately familiar with handling cases such as this.

While one might think of a school bus accident as being a crash with devastating results, a bus accident may also be the result of something else entirely. For instance, getting off the bus is a prime time for children being at risk. School buses make regular stops daily and there are all kinds of potential hazards associated with disembarking. "One of the biggest accidents happens to be if the driver of the bus miscalculates how close the child is to the side of the bus and/or the curb, and while leaving for the next stop, hits the child," stated Francis.

The second problem is when children get off the bus and then scatter along the side of the bus, with some of them winding up in the driver's blind spot. No amount of checking prior to leaving that particular stop is going to ensure the driver sees the child in the blind spot.

We've all seen this happen as well. The school bus comes to a halt, puts on its signals, opens the door and lets the kids out. The only thing that is stationary here is the bus, while the traffic behind it is still moving toward the bus. This is one of the most dangerous situations for youngsters of any age, as they do not always look before they leap from behind or in front of the bus. Add to this the fact that many drivers do not see the children, as the bus is like a huge behemoth obscuring their vision.

The other area included in bus accident statistics is accidents that happen while the children are riding the bus. "Most school buses, despite the raging controversy over the lack of safety measures to prevent loss of life, are not equipped with seat belts," explained Francis. Instead the industry relies on something called compartmentalization.

The theory behind compartmentalization is that it is supposed to surround the child with those heavy, padded and reinforced seats. This only works if the kids are seated properly – and how many kids stay sitting in their seats properly? The answer is not many, and in addition, this type of "safety" feature is really not that effective for a sideways impact.

Only a highly qualified school bus accident attorney such as Tony Francis of the Francis Law Group in Orlando, Florida, will be able to guide parents through the difficult process of ensuring just compensation for a school bus accident injury.

To learn more about Orlando injury lawyer, Orlando personal injury lawyer, Orlando accident lawyer, Orlando injury attorney, visit Francislawgroup.com.