Item: Flaxman Law Group
Rating: 5
Author: Clara Barman

Common Mistakes That Can Lead to a Truck Accident in Miami Gardens and Other Florida Cities

Published on: May 29, 2013 | By Flaxman Law Group

A few common mistakes that drivers make tend to cause a significant portion of car and truck accidents in Miami Gardens and other Florida communities. These mistakes are:

1) Cars overtaking a truck on the left where there are two lanes. This commonly occurs on merge lanes and in situations where merge lanes end. In some cases, a car will try to pass the truck, only to have the truck sideswipe the vehicle because the truck driver cannot see the smaller car.

2) Speeding. Trucks take longer to slow down and stop when compared with passenger cars, so when cars speed around commercial trucks collisions can easily happen. When trucks speed, they can rollover and when speeding truck drivers can lose control of the vehicle. When cars speed, they can cause serious collisions with other vehicles on the road.

3) Not being in mental or physical shape to drive. Driving is one of the most tasking thing most of us do every day. Being ill, tired, distracted, inebriated, or otherwise unable to drive can result in a collision. To prevent truck and car accidents in Miami Gardens and across the country, there are federal rules governing truck drivers. For example, truck drivers must get specific amounts of rest, are subject to drug and health checks, and must not text while driving. The rules are far less strict for passenger car drivers. Nevertheless, both passenger car and truck drivers have a responsibility to prevent drunk driving accidents in Miami Gardens and other communities as well as other types of preventable accidents caused by fatigue, distraction, and other issues.

4) Following too closely. Trucks take extra time to stop, so following a truck too closely or being followed too closely by a truck can lead to collisions. When trucks follow passenger cars too closely, for example, override accidents in Miami Gardens and other communities are a common result. When the passenger can has to stop suddenly, the truck often cannot stop in time, resulting in an override. When cars tailgate trucks, the bulk of the truck hampers visibility and if the truck has to make a sudden stop, a rear-end collision in the likely result.

5) Not following traffic laws. Some drivers take shortcuts, running the occasional stop sign or not signaling properly. The traffic laws, lights, and signs are there for a reason. Ignoring them, even occasionally, dramatically increases the risk of an accident.

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Bridge Collapses and Truck Accidents in Fort Lauderdale and Other Florida Communities

Published on: May 25, 2013 | By Flaxman Law Group

The collapse of the Interstate 5 bridge in Washington state has created a renewed focus on bridge and truck safety. Residents in Fort Lauderdale – a city with many canals, waterways, and bridges – may be especially interested. The Interstate 5 bridge collapse occurred after a truck passed over the bridge. Some news reports suggested that the truck (which was carrying a large load) may have struck a girder just before the structure collapsed.

Are bridge collapses and truck accidents in Fort Lauderdale something that needs to be addressed?

According to the Federal Highway Administration, one-fourth of the bridges across the US are functionally obsolete or structurally deficient in some way. Some risky bridges are called “fracture critical” bridges because if one component is compromised in the structures the entire bridge can collapse. According to news reports, the Interstate 5 bridge was in this category. However, it was not considered structurally deficient, which means it was not eligible for repair funding from the government.

Fracture critical bridges are less expensive to build than bridges with redundancies that provide an extra layer of safety. For this reason, about 18,000 of these types of bridges were constructed between the 1950s and 1970s. The Interstate 5 bridge is considered obsolete but many bridges around the country are considered to be in even worse shape – and in some cases there are no immediate plans to fix these structures. Governments claim that there is not enough money available to fix all the bridges that have poor ratings.

In the collapse of the Interstate 5 bridge, victims were fortunate in that no-one suffered life-threatening injuries. However, drivers who were on the bridge did suffer some injuries. In the I-35W bridge collapse in Minneapolis in 2007, more than 100 people were injured and 13 were killed.

If you are involved in a traffic accident in Fort Lauderdale or any community due to a collapsed bridged, you may suffer soft tissue injuries, spinal injuries, head trauma, fractures, and other potentially life-threatening injuries. If you are involved in a car accident in Fort Lauderdale or any community due to a collapsing bridge, it is important to consult with a personal injury attorney. In cases where states and municipalities, especially, know about the safety issues with bridges and fail to act on them, there may be multiple liable parties in these cases, which can increase the chances that you will be able to secure fair compensation that can help pay for property damages, lost wages, medical costs, and other high costs associated with this type of accident. If you have been injured due to a defect in a bridge, contact a personal injury attorney in Fort Lauderdale or your community to get immediate legal advice.

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Causes of Truck Accidents in Miramar and Other Cities

Published on: May 21, 2013 | By Flaxman Law Group

The Federal Motor Carrier Safety Administration (FMCSA) has examined more than 140 000 truck accidents occurring on US roads between 2001 and 2003. The FMSCA has concluded that 68 000 of these accidents were caused by truck drivers, 2000 could be attributed to the weather or the environment, and 8000 were caused mostly by the truck. The specific most common causes for accidents were found to be:

1) Interrupted traffic flow. Trucks take longer to stop than smaller vehicles, and this fact causes many car and truck accidents in Miramar and other communities. When vehicles follow trucks too closely and traffic is stopping and starting (during a traffic jam, for example), collisions can easily occur.

2) Lack of familiarity with an area. Truck drivers often have to make deliveries to a range of locations, including areas they are not familiar with. Lack of familiarity with an area can easily lead to an accident, especially if the truck driver is looking for a specific address and is on a tight deadline.

3) Inadequate surveillance.

4) Speeding. Speeding is dangerous for any vehicle on the road, but can be especially dangerous for commercial trucks, which can rollover when driven too fast. Speeding can also cause a truck driver to lose control of the vehicle, leading to a truck or car accident.

5) Illegal traffic maneuvers. Many truck and car accidents in Miramar and other communities occur because motorists simply violate traffic laws, assuming that they will not be caught.

6) Distraction and inattention. According to the FMCSA, 22 000 truck accidents between 2001 and 2003 were caused by driver inattention or distraction. Distraction can be caused by a range of issues, including rubbernecking, mobile device use, and other distractions.

7) Fatigue. Fatigued driving is a leading cause of traffic accidents in Miramar and across Southern Florida. FMCSA rules require commercial truck drivers to get a specific amount of rest during long-haul trips. However, in some cases drivers have sleep conditions that prevent them from getting adequate rest. In other cases, drivers simply ignore the rules due to financial pressure or other pressure from the motor carrier to make deliveries on time.

8) Illness. Medical emergencies and illnesses can cause a truck driver to have a serious medical event – including a stroke, heart attack, or other serious event – while driving. Even minor conditions – such as a bad flu – can slow response times and can lead to a collision.

9) Incorrect prediction of another driver’s actions. Truck drivers always need to be anticipating the moves of drivers around them. When truck drivers fail to notice signal lights, misjudge the speed of other vehicles, or otherwise misinterpret the visual cues around them, a serious accident can result.

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The Laws that Protect You and the Laws that Can Prevent Truck Accidents in Miami Gardens

Published on: April 23, 2013 | By Flaxman Law Group

There are many federal and state laws that are designed to protect you after a truck accident in Miami Gardens or anywhere in Florida. There are also a number of laws are designed to help prevent traffic accidents caused by commercial trucks. These laws include:

1) Laws regarding safe loading of trucks. Laws require truck carriers and those responsible for loading to carefully load and secure cargo onto trucks in a way that reduces the risk of rollovers and other types of truck accidents. Drivers, loaders, and motor carriers are responsible for ensuring that cargo is securely tied to the truck and is properly loaded. There are also strict laws concerning how much a cargo truck can carry. Weight scales on highways are designed to ensure that truck drivers do not overload their trucks, which can increase the risk of rollovers, brake failure, tire blowouts, and other types of traffic accidents.

2) Laws regarding screening of truck drivers. Laws require truck drivers to be carefully screened. Commercial truck drivers must pass extensive written test as well as road tests and must receive proper training in order to drive commercial vehicles. In addition, truck drivers are subject to health checks and drug and alcohol screening. This can make them safer than passenger car drivers, who are not subject to these types of laws. Statistics bear this out – drivers of passengers cars are more likely to be charged with DUI than commercial drivers. Motor carriers have a financial incentive for ensuring that they hire safe drivers with excellent records – riskier drivers are more likely to result in expensive lawsuits and increased insurance rates for motor carriers.

3) Laws regarding how long truck drivers can drive. Truck drivers are subject to many federal rules regarding how long they can drive before taking rests as well as the length of their rest periods. In contrast, passenger car drivers have no laws regarding fatigued driving or even distracted driving. In Florida, passenger car drivers are even allowed to text and drive, while federal laws prevent commercial truck drivers from engaging in this sort of risky activity. If a passenger car driver causes a car accident in Miami Gardens because they’re distracted or are fatigued, they may be charged with reckless driving.

4) Personal injury laws. Personal injury laws ensure that if a person is injured in a truck accident in Miami Gardens or anywhere in Florida, they can pursue a legal claim against those responsible for the accident. They can seek a claim against the motor carrier, truck driver, and other liable parties in order to seek compensation for lost wages, medical bills, and other costs. If you’ve been injured in a truck accident, it is often a good idea to consult with a personal injury attorney in Miami Gardens or your community for legal advice.

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Who is Responsible for Truck Accidents in Miami Beach?

Published on: April 18, 2013 | By Flaxman Law Group

Over the past three and a half decades, truck accident fatalities across the country have declined dramatically, but experts say that much still needs to be done to make the roads even safer. According to personal injury attorneys in Miami Beach, one way to reduce the number of truck accidents in Miami Beach and other communities is to pursue those who are responsible or liable for accidents. In many cases, holding liable parties accountable for accidents helps to bring about important safety changes while also securing fair compensation for victims who sustain serious injuries in a collision.

Who is responsible for traffic accidents in Miami Beach and other communities? Traditionally, passenger car drivers have taken the brunt of the blame. According to 2002 research from the AAA, four out of five car crashes involving trucks are caused by passenger car drivers. In 2010, the U.S. Department of Transportation reported that 87% of all head-on crashes involving commercial trucks were caused by passenger car drivers.
According to experts, there are many reasons why car drivers cause so many crashes:

1) Truck drivers must pass driving tests and written tests to get a license. Getting a commercial driver’s license requires much more practical knowledge and testing. In contrast, getting a driver’s license for a passenger vehicle is usually a fairly simple process. In fact, teens and new drivers applying for a driver’s license may need less than a dozen hours of in-car training in some states in order to get a license, and in some cases that instruction does not include one-on-one instruction but rather instruction with a group of other learners. Although experts agree that graduated licensing and increased requirements for driver’s licenses for passenger cars can help reduce the number of car accidents in Miami Beach and across Florida, experts also agree that more must be done to ensure that new drivers get plenty of experience and instruction in order to build good driving habits.

2) Truck drivers in many cases drive over 10 000 miles monthly, making them the more experienced drivers on the road. Passenger car drivers may not drive as much, and this lack of experience can lead to traffic accidents in Miami Beach and across Florida. Lack of experience is one reason why teen drivers have higher crash rates than older drivers, for example.

3) Car drivers do not get ongoing driver education. Most motor carriers offer cash incentives to drivers with good safety records and an interest in more training. Drivers with poor safety records have a harder time finding employment. In contrast, many passenger car drivers only get instruction once – when they apply for their driver’s license. In fact, many drivers on the road in Florida got their driver’s license decades ago, and have not received additional or supplementary training even though traffic laws, traffic conditions, and driving conditions have changed substantially in that time period. Experts agree that ongoing training for drivers as well as refresher courses might help prevent traffic accidents.

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Could Software Innovations Help Prevent Truck Accidents in Homestead and Across the Country?

Published on: April 16, 2013 | By Flaxman Law Group

Traditionally, truck drivers have self-reported distance driven, rest stops taken, and other details. By federal law, truck drivers must log this type of information and make this data available as needed. For years, personal injury attorneys in Homestead and other communities as well as victims of truck accidents have been upset with the system, noting that truck drivers can forget to write down important details – such as when they took a rest stop – or can falsify information in order to hide the fact that they were driving longer than they should have. Technology, according to some experts, could help prevent this common problem and may even be able to help prevent truck accidents in Homestead and across the country.

Software promises to be a more effective way to log distance driven, speed, stops, and other truck driver information. Software, according to experts, would be harder to falsify and would automatically track data so that truck drivers wouldn’t have remember to note down this information themselves. In the event of a truck or car accident in Homestead or another community, the software would make this information available in a reliable format, so that victims and personal injury attorneys could review the facts.

Software Innovations

A company known as Telogis has developed software that promises to reduce the number of truck accidents in Homestead and across the country. The software is designed to improve driver training and knowledge of safety practices and also works to track driver behaviors behind the wheel. Developed for commercial truckers, especially in the gas and oil industries, the software tracks safety belt use, acceleration, speed, maintenance needs, gas use, and sudden braking. The information is made available to both the driver and to fleet managers in real time.

The software was developed because truck drivers involved in the gas and oil industry face shift work, long haul drives, and deadline pressure on the job. According to the National Institute for Occupational Safety and Health (NIOSH), areas with well-developed oil and gas industries have a higher rate of truck accidents. However, experts believe that software such as this could help prevent traffic accidents in Homestead and across the country involving all types of commercial truck drivers, not just tankers involved in gas and oil industries. So far, software such as this has not been widely used, but in coming years experts predict that these types of systems will become standard for many motor carriers. After all, for motor carriers software can help them better track driver behavior and can help them weed out unsafe drivers who could embroil the truck carrier in a legal claim. In the event of an accident, the software can also help truck carriers defend themselves or can help provide hard data that can be used in a claim.

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Reducing Road Stress Could Help Reduce Instances of Car and Truck Accidents in Coral Gables

Published on: April 12, 2013 | By Flaxman Law Group

According to the National Council on Compensation Insurance, traffic accident injuries and fatalities have dropped over the past few years, largely because unemployment means that fewer people drive to work and there are fewer trucks and shipments on the road. As the economy recovers, there is more road traffic and fewer people using public transport, and that can increase the risk of accidents. In Coral Gables and South Florida, the recovering economy can also mean more tourists and more traffic during certain seasons, which can also increase the risk of collisions.

Added traffic on the roads and less use of public transportation can mean more stress on the roads. At a time when many drivers are driving longer distances in order to take advantage of more job opportunities, especially, driver stress during commutes is a real concern – and can be a cause of car and truck accidents in Coral Gables and other Florida communities. To help protect yourself, make sure that you:

1) Avoid distracted driving. If you suddenly have to drive further to work because of a new job or if you are returning to driving after using public transportation for a while, it may be tempting to find something to do while you drive. However, distracted driving is a key cause of truck and car accidents in Coral Gables and across Florida. When you get behind the wheel of a car, make sure that you can focus fully on the drive.

2) Spread out driving responsibility. If you must drive a lot, consider taking public transport part of the time or carpooling. These options are not only more environmentally friendly and cost conscious, but they can also reduce driver stress, road rage, and the risk of traffic accidents in Coral Gables or your community. When you allow someone else to drive part of the time, you can read a newspaper, focus on your mobile device, or get other tasks done while commuting. Having someone else take care of the driving part of the time also reduces the amount of driver stress you experience and may reduce your risk of a crash.

3) Take care of your health and never drive tired. During the morning commute, especially, fatigue, stress, and illness can be a disastrous combination that can lead to a car collision. When you have to share the road with trucks, especially, you need to stay alert because these larger vehicles take longer to break and stop. If you’re tired, unwell, or are not feeling at your best, it is best to take public transport or rely on someone else to drive you to your destination.

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What Causes Truck Collisions in Miami Springs and Across Florida?

Published on: April 2, 2013 | By Flaxman Law Group

According to the Federal Motor Carrier Safety Administration (FMCSA), about 77 000 truck accidents across the country each year are caused by truck driver error. The most common errors, according to the FMCSA, are:

1) Prescription drug use. According to the FMCSA, about 26% of truck accidents are caused by prescription drugs. While truck drivers are subject to strict rules regarding the use of illegal substances and drugs, some drivers do not investigate over-the-counter and prescription medication, which can cause serious side effects such as drowsiness and fatigue. Illegal and legal drugs cause many truck and car accidents in Miami Springs and Florida each year.

2) Speeding. The FMCSA reports that 23% of truck accidents are linked to speeding. FMCSA had strict rules about speeding, including regulation 392.6: “No motor carrier shall…require the operation of any commercial motor vehicle…in such period of time as would necessitate the commercial motor vehicle being operated at speeds greater than those prescribed by the jurisdictions in or through which the commercial motor vehicle is being operated.” However, truck drivers sometimes feel pressured to speed in order to meet deadlines or in order to earn a fairer wage.

3) Map reading. This common cause of accidents causes 22% of truck collisions. Truck drivers often must make deliveries to areas they may not be familiar with and this requires them to read a map or use GPS. When truck drivers take their eyes off the road to read a map, car and truck accidents in Miami Springs are likely. Some experts believe that voice-activated GPS devices can help, but other experts warn that the devices can be just as distracting.

4) Use of over-the-counter medications. The FMCSA reports that this contributes to 18% of truck accidents.

5) Fatigued driving. This factor contributes to 13% of truck accidents on a national scale. Truck drivers may be especially prone to fatigued driving because they are on the road for long periods of time, must make deadlines, and often lead a fairly sedentary lifestyle.

6) Not obeying the rules of the road. According to the FMCSA, this contributes to 9% of truck accidents. Violation of traffic rules leads to many traffic accidents in Miami Springs and across the country. While truck drivers are especially trained to obey traffic rules – and while the consequences for breaking the rules are more serious for truck drivers than for the average motorist – truck drivers do sometimes speed, run red lights, or break other rules of the road.

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Risky Situations that Can Lead to Truck Accidents in Miami Beach and other Areas of Florida

Published on: March 22, 2013 | By Flaxman Law Group

The majority of truck and car accidents in Miami Beach and other South Florida communities occur due to driver error. However, there are number of hazards that can contribute to driver error and can increase the risk of a traffic accident:

1) Poor weather. Inclement weather – including severe storms, rains, and other weather patterns — can reduce visibility, cause debris to fly out onto the road, and create slick conditions that can increase the risk of a traffic accident in Miami Beach. If you’re going to be driving for a long time, especially, it is important to check weather reports and make sure that you are prepared for any weather conditions that may arise. Keeping your car in good condition is also important to help avoid weather-related car accidents. Properly working brakes, windshield wipers, and other car components can increase the likelihood of avoiding a collision.

2) Traffic congestion. Heavy traffic can increase the risk of a car accident or truck accident in Miami Beach and other communities for a number of reasons. Traffic congestion can increase instances of road rage and impatience, for instance, which can lead to accidents. In addition, heavy traffic can make it harder to see around vehicles in front of you, increasing the risk of an accident. Heavy traffic can be especially dangerous because in high-traffic situations, accidents involving multiple vehicles are more likely. To avoid an accident caused by this issue, listen to traffic reports so that you can avoid traffic delays.

3) Secondary car accidents. Accidents can easily lead to secondary traffic collisions. When one accident occurs, other drivers may slow down to look or may become distracted by the collision. In addition, a serious car accident or truck accident in Miami Beach can cause debris to fly back towards traffic, potentially leading to other accidents.

4) Road work and construction sites. Construction sites and road work can be a distraction for drivers and can increase the risk of an accident. In many cases, road work, especially, can cause detours, obstacles, and debris, all of which can lead to a traffic collision. Avoiding road work and construction is one way to avoid collisions. Try to find alternative routes around known construction areas and work sites.

5) Road conditions. Potholes, poorly constructed roads, and other issues can easily lead to serious car accidents and traffic accidents in Miami Beach and other communities. When municipalities are negligent in maintaining roads correctly and when this negligence leads to injuries and accidents, personal injury victims in Miami Beach and other communities can seek compensation through a legal claim.

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Ways to Reduce Your Risk of Being Involved in Pedestrian Accident in Miami Beach or Your Community

Published on: March 5, 2013 | By Flaxman Law Group

Miami Beach is a great city to explore on foot. Unfortunately, like many South Florida cities, Miami Beach sees its fair share of serious pedestrian accidents. These accidents are especially tragic when they involve light trucks and commercial trucks, since the pedestrian has no chance at all against these larger vehicles. The higher bumpers often mean permanent or fatal injuries to the head and abdomen area. If you are driving a truck in Miami Beach, you need to be aware that tourists and pedestrians frequently walk around the community. You can help prevent pedestrian accidents in Miami Beach by:

1) Staying well away from pedestrians when driving. Florida law requires vehicles to stay three feet from bicyclists and pedestrians. Providing extra room ensures that even if a pedestrian makes a move you are not anticipating, you will be less likely to strike the pedestrian.

2) Not driving distracted. One of the leading causes of truck and car accidents in Miami Beach and other South Florida cities is distracted driving. Distracted driving is especially a concern in terms of pedestrian accidents because in many of these accidents a driver simply did not see a pedestrian in time to avoid a collision. Taking your eyes off the road, hands off the wheel, or your mind off of driving for even a few seconds is enough of a distraction to cause a serious car or truck accident in Miami Beach or your community. When driving, make sure to keep your full focus on the road.

3) Staying sober behind the wheel. Prescription drugs, some over-the-counter drugs, and illegal drugs and alcohol all can impair your judgment and your motor skills, putting you at risk of an accident. Drunk driving accidents in Miami Beach and other communities claim far too many lives each year. Don’t become part of that statistic. If you are not sober, find an alternative route home.

4) Using your eyes to look ahead to anticipate traffic – including pedestrian traffic. In many cases, pedestrians emerge from between cars or may cross outside of regular crosswalks. Always scan the sides of the road as well as the road itself in front of you, so that you can see any pedestrians who may be trying to cross the road. Use extra caution when approaching school areas, parks, playgrounds, and other areas where pedestrians may unexpectedly emerge.

5) Taking fender benders and near-misses seriously. These can be a serious sign that you need to upgrade your driving skills or that you need to speak with your doctor about your driving ability. Near accidents can be an indication that you need a little help to drive safely.

6) Getting a rear-view camera and display that lets you see behind the truck. These devices can even come with GPS systems, so that you can get help finding your destination while also being able to see behind your car when you back up. These devices are useful in helping you to prevent back over accidents in Miami Beach or your community.

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