Tampa
Personal Injury Lawyer

Commercial truck accidents

The Covid-19 pandemic has highlighted the important role commercial truck drivers play in supporting and facilitating commerce. As trucking companies work hard to remedy logistical challenges, truck drivers now work even more stringent schedules. Commercial truck companies have stepped up their recruitment efforts to get more drivers on the road. The impact of drivers working long hours and an influx of new drivers on the road can increase the likelihood of an accident happening. Common causes of truck driving accidents are:

THE ROLE OF DRIVER FATIGUE

Driving long hours around the clock can easily contribute to fatigue. Truck drivers are required to take breaks and spend a minimum amount of hours off the clock. However, employer expectations and enforcement of the rules sometimes become blurred when a shipment must arrive on time. Delays at loading centers may also increase the sense of urgency a truck driver experiences in working to maintain his or her schedule.

TRUCK DRIVER INTOXICATION

Similar to people who drive passenger vehicles, truck drivers sometimes drive while intoxicated. The potential for causing damage and injury increases exponentially when an intoxicated driver is operating a large commercial truck. Not only does the size of the truck increase the potential for causing injury, but the truck’s cargo may increase the hazard. Truck drivers consume drugs and alcohol for many reasons. Some use drugs to feel less stressed. Others consume stimulants to keep them awake for long hours on the road. Still, others drink and use drugs for recreational purposes. Commercial truck companies conduct random drug tests to identify drivers who may have a drug habit. Although it is impossible for truck companies to monitor drivers’ drug and alcohol consumption around the clock while on the road, an accident victim may be able to prove the company behaved negligently if drivers do not ever receive drug tests or if a driver has previous DUI offenses.

CARGO LOADING ERRORS

Sometimes a driver and his or her employer may behave perfectly, and an accident occurs due to improper loading of cargo. Workers at cargo centers are required to observe weight restrictions, mechanical procedures, and industry guidelines when loading and unloading truck cargo. An error in the cargo loading process may cause a truck to have uneven weight distribution, making the truck more susceptible to overturning or colliding with other vehicles on the road.

MECHANICAL DEFECTS

Companies that manufacture commercial trucks and their parts may be liable in the event of a commercial truck accident. A defect in the design process means all vehicles or parts of the same variety are hazardous. A manufacturing defect may affect a more limited number of vehicles. In either case, a truck or parts manufacturer may be liable under the theory of strict liability or negligence.

Motorcycle accidents

Any traffic accident has the potential to cause severe injuries. Nevertheless, some people on Florida’s roads are more vulnerable than others. Motorcycle riders do not have the structural protection cars and trucks provide. Therefore, if a car or truck collides with a motorcycle, the motorcycle rider is more likely to sustain severe injuries. Motorcycle accidents can have several causes:

• speeding
• hazardous weather conditions
• following too closely
• failure to check blindspots

Larger vehicles have a much larger stopping distance than motorcycles. Therefore, other drivers should maintain more space between themselves and motorcyclists to prevent a collision in the event of a sudden stop. Drivers should also lower their speed when following a motorcycle because it requires more time to stop when traveling at higher rates of speed. Because motorcycles are much smaller than cars and trucks, drivers should be especially careful and thoroughly check their blind spots before making a turn or a lane change. In hazardous weather, it is especially critical that drivers slow down and be on the lookout for motorcyclists. Rain and severe weather can reduce visibility, making it more difficult for drivers to see motorcycles.

Wrongful death claims

In some cases, a personal injury may result in the victim’s death. These are wrongful death cases. Unlike in many other states, Florida requires a personal representative to file a wrongful death claim on behalf of the victim and the surviving family members. The personal representative is typically identified in the decedent’s will. If the decedent did not have a will at the time of death, the surviving spouse is typically named the personal representative. If the victim was not married at the time of death, the surviving family members will usually decide who will act as the personal representative.

Slips and falls

Slip and fall accidents are under the broader category of premises liability accidents. Premises liability accidents most often occur at businesses. Nevertheless, they can also happen on private property. Slip and fall cases in grocery stores are among the most common premises liability accidents. Other settings in which these accidents take place are:

• hotels
• parking lots
• commercial walkways
• shopping centers and indoor malls
• restaurants
• gas stations
• sports arenas
• entertainment venues
• apartment complexes
• nursing homes
• medical facilities
• entertainment venues and amusement parks
• establishing a slip and fall claim

Plaintiffs in slip and fall claims are required to prove certain elements before a court will award compensation. The accident victim’s attorney must establish:

• the injured party was owed a duty by the defendant
• the defendant breached the duty
• the breach caused the accident and resulting injury
• the injured party sustained damages

Property owners owe a duty to guests on their property. Florida’s premises liability laws classify visitors into three categories: invitees, licensees, and trespassers. Invitees are people who have more of an open invitation. Customers at a grocery store are considered invitees because they can go to the store anytime to conduct business during normal business hours. Invitees are people who are not prohibited from visiting a property; however, they do not visit to conduct a transaction that is within the scope of the business. Salespeople who visit a business to give a sales pitch to management are licensees. People who stop at a business to use the bathroom without making a purchase are also classified as licensees. Trespassers enter a property without authorization.

Florida law requires property owners to take steps to keep visitors in each category safe. Licensees are owed the highest level of duty. Therefore, businesses are required to make reasonable efforts to keep the premises clear of hazards for invitees. In most business settings, this includes frequently checking for spills and cleaning them up, inspecting the floor for loose floorboards, unsecured rugs, electrical cables, debris, dim lighting, and other hazards that may cause a customer to slip or trip. Businesses are required to make reasonable efforts to warn licensees of potential hazards. This often means posting signs to identify non-functioning equipment or wet areas on the floor. Trespassers must be warned of hazards on a property once the property owner or manager discovers the trespasser’s presence.

Bicycle accidents

Similar to motorcyclists, bicyclists are also vulnerable on Tampa roads. People who ride bikes are especially susceptible to confusing intersection designs and a lack of designated bike lanes and paths that keep bicycles away from motor vehicles. In many communities in Florida, there is an ongoing tension that exists between bicyclists and motorists. Drivers become frustrated with bicyclists who travel at slower speeds, and bicyclists sometimes do not yield the right-of-way and follow the rules of the road as they should. In 2018, the National Highway Traffic Safety Administration reported failure to yield the right-of-way as the cause of 38.5 percent of accidents. The ongoing tension between drivers and bicyclists increases the likelihood of an accident happening. Common injuries caused by bicycle accidents include:

• broken bones
• lacerations
• bruises
• head injuries
• neck injuries
• back injuries
• spinal cord injuries
• brain injuries
• internal bleeding
• internal organ injuries

Pedestrian accidents

Pedestrians are the most vulnerable people on the road. Nevertheless, a pedestrian accident can also take place off the road in areas like parking lots. Pedestrian accidents are more likely to happen in areas that do not have sidewalks and working pedestrian signals. Drivers create hazards that may affect pedestrian safety when they:

• drive too fast
• drive while distracted
• drive while intoxicated
• do not obey stop signs and traffic signals

ROLLING STOPS COULD CAUSE PEDESTRIAN ACCIDENTS

Rolling through stop signs is particularly dangerous for pedestrians. Pedestrians are not required to follow the rules that govern intersections with four-way stops and stop signs. Therefore, pedestrians generally expect vehicles to stop and allow them to proceed. A vehicle that rolls through a stop sign behaves unpredictably and increases the risk of a pedestrian stepping off the curb and potentially being struck by the vehicle.

In parking lots, pedestrians and drivers are combined in a confined space with virtually no separation. Parking lots generally do not have pedestrian signals, and they often have confusing pavement markings and minimal navigational signs. Pedestrians must walk in behind cars and cross aisles to move from the parking area to the business entrance. Drivers must always be on the lookout for pedestrians, check their mirrors when backing out of a parking space, and proceed at very slow speeds. A driver who fails to check mirrors, constantly keep watch, and proceed slowly may be liable if he or she strikes a pedestrian in a parking lot setting.

PEDESTRIAN SAFETY TIPS

In some cases, a pedestrian may contribute to an accident. Florida courts consider whether the accident victim was partially at fault in an accident. Therefore, following safety guidelines not only reduces the risk of an accident taking place but in the event of an accident, a court will be less likely to find that the accident was partially caused by the victim. General safety tips for Florida pedestrians include:

• looking both ways multiple times before crossing a street or parking lot aisle
• following the direction of pedestrian signals
• crossing at intersections in designated crosswalks
• avoid suddenly darting into the street or otherwise behaving unpredictably
• wear reflectors and bright clothing when going for a walk orjogging at night
• carefully watch other vehicles when walking in parking lots

Drowning accidents

Tampa’s warm, sunny climate lends itself to many residents opting to have a swimming pool. Not only is a swimming pool a fun way to cool off in the heat, but having a pool comes with significant responsibilities. Florida law requires residential pool owners to enclose their pools with a barrier. The barrier can be a fence, a wall, or a combination of both. The barrier must be raised no higher than four inches off the ground, and it should be at least four feet tall. The gate or door that allows access to the pool must be equipped with a self-latching, self-locking device. Other doors and windows that allow access to the pool are required to be equipped with an alarm. Florida’s pool safety laws are designed to protect children and elderly people from accidentally drowning or otherwise becoming injured when accessing a pool without permission.

Pool facilities have even more stringent requirements. While certain businesses are not required to employ lifeguards, those that do have a lifeguard on duty are legally required to only staff their facilities with certified lifeguards. The certification must be obtained through a nationally-recognized lifeguard training program. Pool facilities may be liable if someone becomes injured if staff members fail to supervise or are inadequately trained. The facility may also be liable if someone becomes injured as a result of a slip and fall accident or if the pool lacks proper signs and labels to identify water depth and other hazards.