The Different Types of Hazardous Product Defects

Any issue that renders a product hazardous for its intended use can be considered a product defect.

Product liability law divides defects into three broad categories. A product may be hazardous as a result of poor design, poor manufacturing, poor labeling, or a combination of all three
There are several types of product defects that can cause accidents and lead to personal injury:
Design defect: This type of defect occurs during the product’s design process and has an identical effect on all of the product’s units. Even if a product is manufactured as intended, a design flaw can render it inherently dangerous.
Warning defect: This type of defect appears when a product doesn’t have sufficient instructions or warnings for safe use, putting customers at risk of harm.
Marketing defect: when the product’s packaging, labeling, or advertising misrepresents the product’s intended use, it may contain inadequate warnings or instructions.
It’s important to note that a single product can have multiple types of defects and that these defects can lead to a wide range of accidents and injuries, such as;
Organ Damage
Burns
Head Injuries
Choking
Broken Bones
Dangerous Drug Injuries

 

Regardless of the kind of defect, injury victims can typically pursue compensation for medical expenses and other losses; however, the liable party may differ, which may have an impact on your product liability lawsuit.

Who may be liable?
Manufacturer;
Product manufacturer: it may be the main product manufacturing company
Part manufacturer: it may be a different manufacturing company, such as the component manufacturer or the company that produces parts.
Product seller: Retailers and vendors may be held accountable for any injuries and damages that result from dangerous product flaws or damage. They may also be responsible if beforehand they knew about the defect but failed to inform or declare the defect.
For you to be able to obtain fair compensation for your or your loved one’s personal injuries, you need a personal injury lawyer to help you with your case.
At Darfoor Law Firm, P. A., we believe that each client should receive time with an attorney that will able to assist them. We understand that the process is exhausting and lengthy so we are always here to offer our services.
Call us at 1-833-DARFOOR and schedule a free consultation

 

Importance of Proper Maintenance for Trucks

The Federal Motor Carrier Safety Administration (FMCSA) requires at least one Period Maintenance Inspection in a 12-month period for trucks and vehicles.

How often should a truck be maintained?
This answer varies but there are a few different things to keep in mind. You can conduct maintenance checks on a regular basis based on:
The truck makes and models
Oil viscosity
Age of the vehicle
Time of year
Operating environment

Moreover, trucks’ safe operation on the road and the prevention of accidents both require regular maintenance. Among the most important ways that truck maintenance helps in accident prevention are:
Improving Vehicle Safety: Any potential safety issues, such as worn brakes or defective tires, can be identified and fixed during routine maintenance and inspections before they result in accidents.
Maintaining Vehicle Performance: The chance of truck breakdowns and malfunctions on the road is reduced by regular maintenance, which helps to ensure that trucks are performing at their best.
Complying with Regulations: Commercial trucks must be inspected and maintained on a regular basis in accordance with state and federal regulations. Failure to do so could result in penalties and fines.
Protecting the Environment: Proper maintenance of trucks can also help to reduce emissions and protect the environment by improving fuel efficiency and reducing pollution.
Improving Driver Confidence: When trucks are well-maintained, drivers are better prepared to deal with unforeseen circumstances on the road and have greater confidence in their vehicles

Proper truck maintenance is essential for ensuring the safety of truck drivers, passengers, and other drivers on the road, and it is the responsibility of trucking companies to maintain their vehicles to excellent standards.

If you or a loved one has been injured in a truck accident due to the fault of someone else, Darfoor Law Firm is here to help you and give you the best service you deserve. Accidents can be tough to deal with and you need someone who will understand, sympathize, and fight for you.
Call us at +1-833-DARFOOR for a free consultation and case evaluation.

 

 

 

The Significant Impact of a Truck’s Size and Weight on Personal Injury Claim

In Florida, there is a specific regulation for a truck’s length, width, weight, and height. This is to monitor the freight movement in the state.
For most trucks, the length limit is 75 feet in total, but for a truck tractor or a truck tractor-trailer combination, the length is up to 65 feet.
On the other hand, the truck width cannot be higher than 102 inches. However, trucks with a width greater than 96 inches might be prohibited from entering public roads or certain roads that aren’t built large enough for them. Also, the gross vehicle weight of a commercial vehicle should be up to 80,000 pounds.
Lastly, Florida commercial trucks cannot exceed 13.5 feet in height.

Moreover, due to their size and weight, truck accidents can have a significant impact on personal injury claims, leading to fatalities and serious injuries. Personal injury claims are significantly impacted by truck accidents in the following ways:

Severe Injuries: Because of their gigantic size and heavy weight, accidents involving them often result in more severe injuries, such as broken bones, head injuries, spinal cord damage, and even fatalities.
Liability: Determining who is accountable for a truck accident can be complicated and may involve multiple parties, including the truck driver, trucking company, cargo owner, and manufacturer of the truck or its components.
Regulations: Federal and state trucking regulations are essential in filing for a personal injury claim, and a deep understanding of these regulations can be vital in proving negligence and seeking compensation.
Insurance: Although extensive insurance policies are required for trucking companies, insurance companies may still dispute liability or the extent of damages in a personal injury claim.
Evidence: After a truck accident, it can be imperative to collect and store evidence in order to build a strong case for compensation. Statements from witnesses, records of truck maintenance, and electronic data from the truck’s onboard computer system are all examples of this.

The impact of truck accidents on personal injury claims highlights the importance of seeking a personal injury lawyer to help navigate the complex legal process and obtain fair compensation.

If you or a loved one has been injured in a truck accident due to the fault of someone else, Darfoor Law Firm is here to help you and give you the best service you deserve. Accidents can be tough to deal with and you need someone who will understand, sympathize, and fight for you.
Call us at +1-833-DARFOOR for a free consultation and case evaluation.

 

 

Why is it essential to hire a Personal Injury Lawyer for a Truck Accident case?

According to the Federal Motor Carrier Safety Administration (FMCSA), while truck accidents are common in the United States, Florida is among the nine states with half of the fatal crashes. In many cases, drivers and occupants of smaller vehicles are the most affected, suffering various losses.

Truck accidents can be caused by these factors;
Driver Fatigue
Distracted Driving
Improper Maintenance
Overloading
Reckless Driving
Improper Training
Substance Abuse
Weather
It is important to understand the causes of truck accidents in order to help prevent them and improve safety on the roads.
However, the lengthy process and dealing with the truck accident is mentally, physically, and emotionally stressful. Thus, a personal injury lawyer can be able to represent you and help you with your case.

Hiring a personal injury lawyer is important in truck accident cases for several reasons:
Expertise: A personal injury lawyer has the expertise and knowledge to handle complex truck accident cases. They understand the laws and trucking regulations and can use this expertise to help build a strong case for compensation.
Evidence Gathering: A personal injury lawyer has the resources to gather important evidence and build a strong case. This may include investigating the accident, obtaining police reports, interviewing witnesses, and getting expert testimony.
Negotiation: A personal injury lawyer can help you negotiate and get the most money for your damages and injuries. They are experienced in dealing with insurance companies and can, if necessary, defend your rights in court.
Time:  Dealing with a truck accident can be stressful and time-consuming. Having a personal injury lawyer frees you up to focus more on your recovery and alleviates some of the stress.
Representation: Personal injury lawyers provide you with representation and can act as your advocate in court or during settlement negotiations.

If you or a loved one has been injured in a truck accident due to the fault of someone else, Darfoor Law Firm is here to help you and give you the best service you deserve. Accidents can be tough to deal with and you need someone who will understand, sympathize, and fight for you.

Call us at +1-833-DARFOOR for a free consultation and case evaluation.

 

 

Trucking regulations for Accident Prevention

By establishing guidelines for safe trucking practices and operations, trucking regulations play a crucial role in accident prevention. These are some of the most important rules:

Hours of Service (HOS) Rules: In order to prevent driver fatigue, the Federal Motor Carrier Safety Administration (FMCSA) has established regulations that restrict the number of hours a truck driver can work in a given time period.
The number of consecutive hours that a truck driver can drive without taking breaks is limited. When transporting passengers or cargo, drivers are typically required to adhere to a daily driving limit of 10 hours. Drivers in possession of the only property are permitted to drive in Florida for up to 12 hours per day.
The number of hours a driver can work in a 6- to 8-day period is also limited by federal and Florida state law. They need a 34-hour break to “reset” the period of six to eight consecutive days.

Vehicle Maintenance Requirements: FMCSA establishes requirements for regular inspections and maintenance. The Florida Department of Transportation (FDOT) states that vehicles entering Florida must have the required permits since Florida has no port of entry.

Driver Qualification Standards: There are standards for driver training, licensing, and medical qualifications to ensure that drivers are qualified to operate their vehicles.

Loading and Weight Limits:  There are specific regulations for a truck’s length, width, weight, and height.
Florida regulates the length, width, weight, and height of commercial vehicles.
Length: For most trucks, the limit is 75 feet in total, but for a truck tractor or a truck tractor-trailer combination, the length is up to 65 feet.
Width: The truck width cannot be higher than 102 inches. However, trucks with a width greater than 96 inches might be prohibited from entering public roads or certain roads that aren’t built large enough for them
Weight: The gross vehicle weight of a commercial vehicle can be up to 80,000 pounds.
Height: Florida commercial trucks cannot exceed 13.5 feet. Automobile conveyors are allowed to be at least 14 feet high.

Substance Abuse Testing: Drug and alcohol testing of truck drivers is required to help prevent drunk driving.

Electronic Logging Devices (ELDs): The use of electronic logging devices are required to monitor a driver’s hours of service and ensure compliance with HOS rules.
Enforcing these regulations can prevent truck accidents caused by impaired and unsafe driving.

If you or a loved one has been injured in a truck accident due to the fault of someone else, Darfoor Law Firm is here to help you and give you the best service you deserve. Accidents can be tough to deal with and you need someone who will understand, sympathize, and fight for you.

Call us at +1-833-DARFOOR for a free consultation and case evaluation.

 

Fundamental Tips on Preventing Bike Accidents

Guest Blog

Each year, more than 45,000 bicycle accidents are reported. While riding a bike is a great way to stay healthy and get where you need to go with minimal impact on the environment, it does come with inherent risks. There are more people on the road than ever before who are distracted while driving, especially considering the heavy reliance we put on technology and our smartphones. This puts those on bicycles at serious risk of being injured or losing their life because drivers aren’t paying attention to the roadway as they should be. For this reason, we have created a quick guide of fundamental tips on how to prevent a bike accident.

Use a Correctly Sized Bike
A bike accident lawyer knows all too well the unfortunate results of people getting hurt because they were on a bike that wasn’t the correct size for them. Using an appropriately sized bike and tires for your frame is one of the first ways that you can stay safe. If you use a bike that is much too big or too small for you, it can limit your ability to stay in control of the bike properly. The various sizes of bikes are generally based on height, so be sure to check with the manufacturer’s sizing chart before purchasing.

Check Your Brakes Before You Ride
Before going out on a ride, check that your brakes are in good working order. The brake pads on your bike should not be frictioning against the disc rotor located on the wheels. If you do have any issues with the brakes, it is worth stopping and taking the time to adjust them or buy replacements before you continue. To check that the brakes are working properly, spin the wheels with your hand and press on the brake. Do this test for both the front and back wheels before each ride.

Use Headlights
Headlights are a useful way to alert drivers of your presence. If you want to enhance your safety when riding on the ride, consider putting both daytime and headlight lights on the bike so that you are covered no matter what time of day it is. But keep in mind that riding a bike at dusk is one of the most dangerous times to be out, as the direction of the sun impairs a car driver’s ability to see you. 

 

Never Ride Without a Helmet
Many people are afraid to look silly if they use a helmet while riding a bike. But at the end of the day, what could save your life is whether you place a helmet on your head or not. Before going out on your next ride, consider the fact that even if you are a seasoned bicyclist, a car driver could be the one that hits you. You can only do so much to prevent being hit. When you look at it this way, the choice of putting on a helmet or not should be easy. 

 

Even if you take the fundamental prevention tips described here, you could be the victim of a bike accident if a driver near you was being reckless or negligent. Every day bicyclists become victims when someone is at-fault for their injuries. Some bicyclists may need to get help from a lawyer, similar to the team at Cohen & Cohen, in order to receive compensation for their property damage and injury.

 

What are the effects of wrongful death on loved ones?

A death that was the result of another person’s carelessness, recklessness, or intentional misconduct is referred to as a “wrongful death.” Medical malpractice, car accidents, and defective goods are all examples of this. In order to obtain compensation for their loss, family members of the deceased person may file a wrongful death lawsuit.

However, it causes some major psychological effects or worst, trauma to the loved ones of the deceased. The battle and process of fighting for justice and healing at the same time drain a person.
The impact of wrongful death on family members can be devastating. The sudden and unexpected loss of a loved one can cause emotional, psychological, and financial distress for surviving family members.

Some of the impacts include:

Grief and emotional trauma: After a loved one dies, family members experience shock, rage, guilt, and sadness. If the death was sudden or unexpected, this can be challenging.
Financial hardship: When a loved one dies, it can be very hard on the family’s finances, especially if they were the family’s breadwinner or provider.
Legal proceedings: In order to file a wrongful death claim, family members may need to navigate the legal system. This can be a difficult and complicated process.
Difficulty coping: When a loved one passes away, it can be difficult for those still living in the family to carry on with their usual routines.
Changes to family dynamics: Family dynamics can be changed when a loved one passes away, mainly if they were the primary caregiver, parent, or spouse.

Overall, the impact of wrongful death on family members can be painful, far-reaching, and long-term.
Thus, it is important for surviving family members to receive support and seek compensation when appropriate. A personal injury lawyer will assist you throughout the entire process.

Darfoor Law Firm will help you fight for justice and get the compensation you deserve.
Call us at +1-833-DARFOOR for a free consultation and case evaluation.

 

What do you need to know about a wrongful death claim?

A wrongful death claim is an action taken by the surviving family of a person who died as a result of the carelessness or negligence of another person or entity.
The following are some important facts about wrongful death claims:

Eligibility: A wrongful death claim may only be filed by certain family members, such as the spouse, children, or parents.

Statute of Limitations: It’s important to seek legal counsel as soon as possible after a loved one’s death to ensure that the statute of limitations is not missed.
The statute of limitations for a wrongful death case in Florida is two years. This means that close family members have exactly two years to file a claim for compensation if a loved one dies as a result of negligence. There might be an exception if the death is due to medical malpractice or homicide. The time limit and when it will start will vary.

Burden of proof: To win a wrongful death case, the surviving family members must prove that the defendant caused the death of their loved one through negligence or an intentional act.

Damages: The damages that can be awarded in a wrongful death case can include compensation for medical and funeral expenses, suffering, and loss of income.

Legal representation: It is advisable to seek the assistance of an experienced wrongful death attorney who will be able to help the family navigate the legal system and construct a strong case.
It is essential to understand the process, requirements, and potential outcomes of a wrongful death claim before deciding whether or not to pursue one.

Darfoor Law Firm will help you fight for justice and get the compensation you deserve.
Call us at +1-833-DARFOOR for a free consultation and case evaluation.

 

Tips in Maximizing your Personal Injury Settlement

Personal injury settlements are agreements reached between the plaintiff (the person who files a legal claim against another) and the defendant (the party whom the claim is brought against).

These are some of the tips in maximizing your personal injury settlement:

Gather all evidence:
Gather and document all evidence: Gather as much evidence as possible to substantiate your claim, such as police reports, pictures, hospital records, and eyewitness accounts. Keep all bills and receipts attributed with the accident, such as medical bills, lost wages, and property damage.

Get medical treatment:
Seeking medical assistance as soon as possible is not only vital for your health, but also helps in documenting the extent of your injuries. Keep all of your medical records and bills.

Be patient:
The settlement can be a long process, especially if your injuries are severe and you are requesting a large compensation. Be patient and avoid settling too quickly, as it may not fully compensate you for your losses.

Hire an experienced attorney:
An experienced personal injury attorney can help you in the whole process, negotiate with insurance companies, and build a strong case to support your claim. He or she will help you understand the value of your claim and assist you with the best action to take.

Be honest:
Provide all the necessary information to your attorney, insurance company and the court. Be honest about your injuries and your medical history. This will help to build a stronger case and increase the chances of getting a fair settlement.

Know the laws of your state:
Laws can vary by state and your personal injury attorney will be able to guide you on the laws applicable in your state. In Florida, there is a what we call a personal injury protection (PIP), which is a type of no-fault auto insurance. Injured drivers have up to $10,000 in immediate medical coverage under the basic PIP coverage, which almost everyone has.

Be prepared for a trial:
Be prepared to go to trial even if you think a settlement is already fine. Your personal injury attorney will guide you what to do during the process, and will help you decide if ever you’ll go to a trial. Moreover, trials also will give you an edge in receiving a fair settlement.Every case is different and there are different courses of action as well. A personal injury attorney can help you understand the value of your claim.

Darfoor Law Firm will advise you on the best course of action for your case. We will represent you and help you with the process and we will be there every step of the way.
Schedule a free consultation now or call us at 1-833-DARFOOR.

What should you do to resolve a personal injury case? Should you settle your personal injury claim or go to court?

Darfoor Law Firm

Settling a personal injury claim and going to court are two different ways to resolve a personal injury case. Each has its own pros and cons, and the best option for you will be determined by the specific facts of your case.

A personal injury claim is settled by reaching an agreement with the other party, which is commonly conducted through negotiations with the other party’s insurance provider. The settlement process can be cost effective and faster than going to court, and it can also provide more certainty and control over the case’s outcome. A settlement is obtained when you and the other party agree on a specific monetary value. Once signed, the case is resolved and no further legal action can be taken.

Meanwhile, going to court involves having a judge or a jury hear your case and determine how much compensation you should receive. This process can be more time-consuming and expensive, but it may be necessary if the other party refuses to settle for a reasonable amount or if the case is complicated. Going to court also allows for the possibility of a jury trial and this is an advantageous verdict for you. In some cases, a combination of both may be the best approach, where the case is initially settled, but if the settlement is not reached, the case goes to court.

It is essential to note that every case is unique, and the best action course will vary depending on the specific facts of your case and on how strong your evidence is. A personal injury attorney can help you weigh the pros and cons of settling or going to court.
Darfoor Law Firm will advise you on the best course of action for your case. We will represent you and help you with the process and we will be there every step of the way.
Schedule a free consultation now or call us at 1-833-DARFOOR.