How is a trucking accident case different than an auto accident case?
An accident involving an 18-wheeler or tractor trailer is significantly different than an accident involving an automobile for a multitude of reasons. First of all, the injuries are more likely to be severe, catastrophic or even fatal due to the dynamics of the size of the 18-wheeler (A tractor trailer will easily weigh at least 10,000 pounds, and sometimes up to 80,000 pounds). The potential damages for such an injury is significant and therefore the companies who insure these trucks and commercial drivers will have ordinarily at least $750,000 in insurance coverage and if hazardous materials are involved in excess of $5,000,000.00 in coverage. The potential financial impact of a catastrophic accident involving an 18-wheeler on the insurance company that put the tractor trailer on the road, and even the driver who caused the accident is why there are rapid response team of adjusters, investigators, and even attorneys who can travel to the scene of the accident. That's why in these catastrophic trucking accident case, seeking an attorney who understands the difference and who knows how to investigate the accident and gather the evidence to prove who is responsible can overcome this difference.
Additionally, if the company responsible for putting the truck on the road is involved in interstate commerce, then the company will be regulated by Florida Law and the FMCSA (Federal Motor Carrier Safety Administration). These regulations require the company to keep a very specific list of documents for specific time periods. Trucking companies will often have internal procedures to purge these documents as soon as possible regardless if they are relevant for any issue that may arise in a trucking accident. An attorney experience in handling trucking accidents will know how to attempt to preserve these documents and protect them from spoliation (The destruction, withholding, hiding, alteration or mutilation of evidence that may pertain it legal action).
I was involved in an accident. Should I speak to the adjuster from the trucking company who is calling me?
Until you have sought the advise of an attorney who understands not only the dynamics of an 18-wheeler accident but the motivation of the insurance adjuster to save his company money from damages from an accident involving an 18-wheeler, don't speak with an adjuster until you know your rights as an injured party. The adjuster has one goal: To save his company money by getting you to settle your claim for as little as possible. Right after an accident in which you were injured, you will often not know the extent of your injuries, whether the injuries will be permanent, whether you will lose work, have your future ability to work diminished, or what would be the fair compensation for these and other damages. Since you may not know the answers to these questions, the adjuster will want to settle your claim before a fair assessment of these damages can be established. The adjuster knows of these potential damages, and will try to settle your claim early before you have a chance to even establish your loss. Remember the adjuster works for the insurance company, shouldn't you have an advocate who works for you. Lastly, these phone calls from adjusters are often recorded, and even if there not, the adjuster is typing his interpretation of your response to his questions (even the "harmless one's like-How are your today? If you say fine, the adjuster might document that you are feeling no affects from the accident when you are just politely responding to the greeting from the adjuster).
Should I report the accident to my insurance company even though the accident was not my fault?
Yes, whenever you are involved in an accident with any damage or injury you should report the accident to your insurance company. Just because you report an accident, you don't necessarily have to file a claim with your company. If your insurance company wants to record a statement, that is fine. Do not provide a recorded statement to the company insuring the other driver without seeking the advice of an experienced auto accident attorney.
I was arrested for DUI and the Arresting Officer did not give my back my driver's license, should I call him and ask for it back?
No. If Florida if you are arrested for DUI and your breath/blood test is over the legal limit (.08 or higher) the Officer will retain your Driver's License and forward it to the DHSMV to initiate a 6 month suspension of your privilege to drive in Florida. If you refused the chemical test (breath, urine or blood), the suspension can last for one year or even 18 months.
Then how do I get it back, and can I drive?
You have 10 days from the date of the notice of suspension (typically the date of your arrest), to request a review by the DHSMV. As long as you are otherwise eligible, you can drive for 10 days from your arrest. If you do not properly request a review in writing within those 10 days, then you have waived your right to contest the suspension, and your ability to drive will be suspended. An experience criminal defense attorney will know how to request the review, apply and receive a temporary permit while the review is pending, and at the review hearing argue to have the suspension set aside.
I just received a letter that my Social Security benefits will be stopped because of an outstanding warrant. Can they do this, and what can I do?
Yes, the United States can now stop Social Security Benefits for an outstanding Arrest Warrant for Felonies including a violation of probation. The authorization for this benefit suspension began in January 2005.
An experienced Criminal Defense Attorney who know how the Criminal Court System operates can investigate the reason for the suspension of benefits, and can even discuss the reasons for the probation violation with the Prosecutor on the case. There are some probation violations that can be resolved/dismissed without even a court date.
