Item: Flaxman Law Group
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What Needs to Be Done to Prevent Distraction-Related Truck Accidents in Fort Lauderdale and other Florida Communities?

Published on: February 26, 2013 | By Flaxman Law Group

According to the National Transportation Safety Administration (NHTSA), five percent of the 3,446 commercial truck drivers in fatal collisions in 2010 were driving distracted. Since many experts believe that cell phone use was one of the key reasons behind distracted driving, in 2012 the Federal Motor Carrier Safety Administration (FMCSA) passed laws which prevent commercial truck drivers from using hand-held devices while driving. Yet, truck accidents in Fort Lauderdale and other Florida communities continue to be caused by distracted driving. Clearly, additional changes need to be made. Experts believe that a number of changes could be made to prevent these types of collisions:

1) Change attitudes about distracted driving. Currently, research and studies suggest that many drivers feel that distraction is okay as long as it is only for a few seconds. In addition, many drivers overestimate their driving abilities. In many cases, motorists cause truck and car accidents in Fort Lauderdale and other cities because they take their focus or eyes off the road for “just a few seconds” to check a text message, change their music, or otherwise do something other than driving. Attitudes need to be changed so that more motorists understand that even very short periods of distraction can cause a serious traffic accident in Fort Lauderdale or in their community.

2) Expand definitions of distracted driving. Currently, much of the focus of legislators in Florida is on texting and cell phones. While studies have shown that cell phone-related car accidents in Fort Lauderdale mother communities are a serious cause of concern, cell phones are far from being the only distraction available to drivers. Other passengers, daydreaming, road signs, music, and many other distractions exist. Drivers need to be aware that anything that takes their eyes off the road – even eating a sandwich from a drive-through – can lead to a potentially fatal traffic accident.

3) Increase ways to check for distracted driving. Currently, one problem that legislators in Florida have when trying to pass texting bans and other legislation to combat distracted driving is that it is difficult for law enforcement to enforce distracted driving laws. It is difficult for authorities to notice when someone is texting and driving, for example, since drivers can keep mobile devices in their lap. New ideas need to be developed in order to ensure that authorities can enforce any laws against distracted driving.

4) Toughen laws. Increasing penalties for drivers who drive recklessly can help ensure that drivers who make poor decisions behind the wheel are held accountable if their actions injure someone or cause a fatal accident. Currently, those who have been injured by a reckless driver do have the option of seeking personal injury claims in Fort Lauderdale or their community.

5) Make sure that all motorists – not just truck drivers – do not drive distracted. Currently, truck drivers are banned from using hand-held cell phones and from texting and driving. However, while commercial truck drivers are subject to multiple rules, motorists of passenger vehicles are not.

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Study Finds Most Truck Accidents are Caused by Human Error

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

A new study by the Accident Research Team at Volvo Trucks has found that 90% of truck accidents are caused by human error. Errors can include:

1) Speeding. Many truck and car accidents in Miami and across Florida are caused by speeding. When motorists speed, they can easily collide with trucks, which cannot stop as easily or as quickly as passenger cars. When truck drivers speed, the results can be catastrophic, since the size and force of a speeding truck can be enough to cause significant damage in any collision. Staying within the speed limit is one of the simplest ways to prevent an accident.

2) Errors caused by fatigue. Truck drivers are required by law to get certain amounts of rest. They are also subject to medical exams to ensure that they are fit to drive. Some drivers, however, doctor shop or avoid getting the required rest, and this can easily lead to car and truck accidents in Miami and South Florida. Regular motorists are not subject to the same regulations as truck drivers. Studies have shown that many drivers of passenger cars admit to driving fatigued or ill, even though most drivers realize that both are risks factors for a collision.

3) Errors caused by distracted driving. Truck drivers are banned from texting and driving, while regular motorists are not. Both truck drivers and passenger car drivers, however, routinely cause collisions because they take their focus and attention from the road. Whether it’s changing music, making a phone call, daydreaming, or having an animated discussion with a passenger, any form of distraction can cause a serious traffic accident.

4) Failing to judge distances and make appropriate maneuvers in time. Truck drivers need to anticipate well in advance, since their larger vehicles respond more slowly. Drivers are trained for this, but when they fail to follow their training, accidents occur.

5) Drinking and driving. According to the Volvo study, truck drivers are in fact less likely to drive drunk. Researchers found that 0.5% of truck drivers were drinking at the time of a serious accident, compared to 15-20% of passenger car drivers. Drunk driving accidents still remain an all-too-common type of accident in Miami and South Florida, however.

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Who Causes Most Truck Accidents in Miami and Other Florida Cities?

Published on: February 19, 2013 | By Flaxman Law Group

According to 2006 research by from the U.S. Department of Transportation, most truck accidents are caused by car drivers, not truck drivers. According to the study, truck drivers are the at-fault drivers in 36% of collisions while car drivers are at fault in 64% of accidents. A study by the University of Michigan Transportation Research Institute concluded that cars and light vehicles were in fact at fault in up to 81% of collisions. According to researchers, the biggest mistakes motorists made included:

1) Treating trucks like cars. Many motorists in Florida treat commercial trucks just like any other car on the road – and this attitude can lead to car accidents in Miami and other communities. The reality is, commercial trucks are more apt to make stops. They also take longer to stop and to get up to speed, so they require more room on the road.

2) Speeding. When motorists speed, they can easily cause a traffic accident in Miami or their community. Commercial trucks take longer to come to a complete stop when compared with a passenger vehicle. When a motorist speeds around a commercial truck and drive recklessly, the truck driver may not be able to stop in time to avoid a collision. Driving around commercial trucks requires more caution and care.

3) Not staying in a lane. Weaving in and out between trucks is very dangerous, not only because trucks cannot stop as easily, but also because trucks have multiple blind spots they may not see motorists creeping up behind them to pass.

4) Improper following. Tailgating motorists cause many truck accidents in Miami and South Florida each year. Truck drivers cannot see cars immediately behind them, so they may inadvertently back up into any vehicle tailing too closely. In addition, trucks sometimes roll back slightly when coming to a complete stop – especially on a steep incline or hill. If a car is too close to the truck, it may be struck.

5) Distracted driving. Truck drivers are forbidden by federal regulations from texting and driving. However, there is currently no similar ban in place for motorists driving passenger vehicles. As a result, many car accidents are caused by cell phones and other forms of distraction.

6) Not understanding squeeze play. When trucks turn, they often swing wide. If car drivers are not cautious and provide trucks with extra room, they may get caught between the truck and the curb on a turn, a situation which can easily lead to the smaller vehicle being crushed.

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Is Changing Business Making a Change in the Number of Vendor Truck Accidents in Hollywood and South Florida?

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

According to food truck and ice cream vendors, some cities in South Florida are making it hard to ply business. Cities like Coral Springs and Sunrise, for example, have either banned food trucks and ice cream truck outright or have imposed many regulations and restrictions on the businesses. In Sunrise, outdoor sales have been banned since the late 1980s. Since 1993, food trucks have had the option of applying for a temporary permit to sell their products, but these permits are valid for only three days, so few vendors have tried. If there is a special event where food trucks want to work in Sunrise, they must apply for a permit in advance, paying $100 to set up in vacant property or $50 in a developed area. Food truck owners also need to provide a $250 refundable clean-up fee.

In Pembroke Pines, food truck vendors need to have an invitation from an existing business (such as a shopping mall) to ply their trade and this invitation must be in writing. In Coral Springs, food trucks and vendors were banned after 1985. The ban was in response to a child being struck and killed by a car after buying an ice cream. Vendors feel it is not just to limit businesses if cars cause accidents, but in Coral Springs the ban is enforced strongly. First-time violators get a warning but a subsequent violation results in a $50 fine and possible impoundment of the truck.

In some cases, vendors still head into these cities, but claim that the number of customers remains small. Hollywood and Dania Beach, among other communities, do not have as many restrictive regulations but vendors say that business is not always strong. In Boca Raton, trucks are not allowed to make excessive noise while in Delray Beach, they cannot be parked too long in one spot.

Do more restrictions on food vendors and food trucks mean fewer truck accidents in Hollywood and other Florida communities? Food vendors claim that they use safe practices and have an excellent safety record. They note that in cases where accidents occur near food trucks, they are often car accidents caused by distracted or impatient drivers – not by the food trucks themselves. Some vendors also believe that the restrictions on business are related to pressure from restaurants who do not want the competition.

Communities have passed rules against food trucks, and part of the reason is because some lawmakers feel that these restrictions reduce the risk of car accidents in Hollywood and other Florida communities. They note that while food trucks themselves may not be in accidents, their presence increases pedestrian traffic and even car traffic in areas, which can result in secondary traffic accidents in Hollywood and other communities.

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Florida Takes on Texting Again: Will it Reduce Car and Truck Accidents in Miami and other Florida Cities?

Published on: February 14, 2013 | By Flaxman Law Group

Florida is considering Senate bill 52. If passed, the law would make texting and driving a secondary offense. This means that if drivers were pulled over for another offense and were found to be texting and driving, they would be fined for texting. State Sen. Nancy Detert, who is behind the bill, has been trying to get a texting ban passed in Florida for the past four years. She has faced some criticism from those who think the bill is too weak. She notes that she specifically seeks to make texting a secondary offense to make it more likely that the bill will pass. In the past, similar bills have not been able to pass the House. Last Wednesday, the bill was approved by The Florida Senate Transportation Committee.

In addition to Senate Bill 52, there is another texting-related bill lawmakers are putting forward. State Rep. Irv Slosberg and Sen. Darren Soto, D-Orlando are filing Senate Bill 708. If passed, that law would allow charged of vehicular homicide to be charged in cases where drivers cause accidents while texting and driving. If that bill passes, it will mean tougher penalties for texting drivers – even if Florida still remains a state where texting and driving are not technically illegal.

Florida is currently one of only eleven states to have no bans on texting and driving. This is despite the fact that numerous research studies and experts have noted that texting while driving is extremely dangerous. The National Highway Traffic Safety Administration, for example, has reported that drivers who text while driving are more than 23 times more likely to be in a crash when compared with un-distracted drivers.

Will a texting bill reduce the number of traffic and car accidents in Miami and South Florida? Many experts and lawmakers think so. The number of studies suggesting that distracted driving is as dangerous as drunk driving is growing. Legislation against drunk driving has helped reduce instances of drunk driving accidents in Miami and Florida, although these preventable accidents can still occur. Reducing distracted driving caused by texting could help reduce rear-end accidents in Miami – and other accidents caused by distraction.

Commercial truck drivers are already prohibited from texting while driving, thanks to federal rules. However, drivers in passenger cars can still cause catastrophic accidents when they choose to look at their mobile devices rather than at the road when driving. Passing legislation would at least allow police to stop drivers who text and drive and allow them to issue tickets.

However, the road to legislation is long. Numerous texting bills have already failed to pass in Florida. Many legislators feel that such bills put too many restrictions on personal freedoms. Some feel that the bills are not tough enough or do not take into consideration the many ways that distraction can occur in a car. While most lawmakers acknowledge that texting and distracted driving do cause traffic accidents in Miami and across Florida, there is no consensus on how to stop these accidents from happening.

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Truck Accidents in Fort Lauderdale and the Drowsy Driving Epidemic

Published on: February 7, 2013 | By Flaxman Law Group

According to the Centers for Disease Control and Prevention (CDC), about 4.2% of drivers polled said that in the past 30 days they had fallen asleep while driving. According to the National Highway Traffic Safety Administration (NHTSA), fatigued driving leads to more than 100,000 car accidents annually, while other experts claim that the number may be even higher. A number of car and truck accidents in Fort Lauderdale and across Florida each year are caused by drowsy driving.

Truck drivers must abide by certain rules to reduce the risk of fatigued driving. For example, commercial truck drivers must keep a log of working hours, driving hours, and hours of rest. They must also take a certain number of breaks while driving. While these regulations have helped to reduce truck and car accidents in Fort Lauderdale and across the country, there is no one regulating drivers of passenger vehicles. If you are a driver, you can easily cause a collision with a truck if you drive drowsy. To prevent this:

1) Be aware of symptoms of sleep disorders. If you snore, wake up frequently during the night, wake up tired, or experience unusual fatigue during the day, visit your health care practitioner. Untreated sleep disorders cause many traffic accidents in Fort Lauderdale and across Florida each year. There are treatments available that can help you get a good night’s sleep so that you can drive safely.

2) Use caution if you use sleeping pills. The FDA has recently introduced new rules about the dosing of some sleeping pills. Sleeping pills may leave you fatigued in the mornings and some studies suggest that the drugs may be linked to early-morning collisions. Be cautious about taking the pills if you will be driving early in the morning. If you do need to take medication for a sleeping disorder, make sure that you understand the side effects and take the smallest dose you and your doctor agree upon.

3) Take drowsy driving as seriously as drunk driving. The problem with drowsy driving is that many people dismiss fatigue easily. While many drivers are aware of the risks of drunk driving accidents in Fort Lauderdale and other communities, there is less stigma attached to driving when tired. Many drivers see fatigue as just a part of modern life and drive even when very tired. This type of approach leads to accidents. Just as you would not drive after drinking, do not drive if you feel too fatigued, too unfocused, or too upset to drive safely.

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How Sleep Apnea Leads to Truck Accidents in Davie and Other Communities

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

Sleep apnea is a medical condition that prevents a patient from getting a full night of sleep. Sufferers who have the condition are woken up many times throughout the night because they stop breathing for very short bursts of time. Sleep apnea is a treatable condition but in a number of cases it has led to devastating truck accidents in Davie and in other communities. There are many ways that this medical condition can lead to traffic accidents in Davie and across Florida:

1) Sleep apnea causes fatigue, which slows reaction times and can lead to more driver mistakes. Studies have shown that fatigued drivers have the same slow reaction times as inebriated drivers. In addition, studies have shown that fatigued drivers are more likely to make mistakes, which can lead to an accident.

2) The fatigue caused by the condition can exacerbate road rage and irritability. It is well-known that road rage causes car accidents in Davie and across the country. Studies have shown that fatigued driving is likely to lead to road rage, because fatigued drivers are more likely to feel irritability and may have a harder time controlling their tempers.

3) Sleep apnea can cause drivers to fall asleep at the wheel. In cases where sleep apnea is not treated and gets worse, drivers can eventually become so fatigued that they fall asleep at the wheel and drive off the road or into oncoming traffic.

4) Sleep apnea can be hard to detect, meaning that drivers may not notice that something is wrong until after an accident occurs. In many cases, sleep apnea has few symptoms, other than fatigue – and that is easy to blame on a heavy workload. Sufferers usually do not remember waking up many times during the night, and do not realize that anything is wrong. If truck drivers notice symptoms such as significant fatigue they do have an obligation to get the symptoms checked out. Similarly, motor carriers have a responsibility to make sure that their drivers are healthy and safe on the road. If carriers and drivers are negligent in this regard, they can be held liable in the event of an accident.

5) The condition can exacerbate other conditions and issues. If a driver has trouble focusing on the road, fatigued driving is even more likely to make them distracted. Fatigue and lack of proper sleep can also make a driver more susceptible to illnesses and medical problems, which can affect driving. For example, lack of proper sleep can exacerbate hypertension, which can lead to heart disease.

6) Truck drivers may be especially subject to sleep apnea. According to researchers, obesity and a sedentary lifestyle can contribute to the condition. Unfortunately, most truck drivers spend long hours sitting in their trucks and often eat on the go, sometimes meaning that healthy food choices are harder to find. This can make drivers more at risk for sleep apnea.

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Technology That Could Help Prevent Truck Collisions in Fort Lauderdale and Across Florida

Published on: January 30, 2013 | By Flaxman Law Group

Each year, passenger car manufacturers release new types of safety features and technology designed to keep us safe behind the wheel. Already, we have seen some of this technology helping to prevent car collisions in Miami and across Florida. Now, the federal government and the National Highway Traffic Safety Administration (NHTSA) are taking a look at what technologies could help prevent truck accidents in Miami and across the country. Since studies have shown that up to 90% of traffic crashes are caused by driver error, experts feel that these types of technology could help prevent truck accidents:

1) Automatic emergency braking. This is a technology available already on many higher-end passenger vehicles and it has already helped prevent many car collisions. Automatic emergency braking uses cameras and radar to detect when a collision is imminent and computer algorithms calculate the chance of a crash in order to apply the brakes in time to prevent an accident.

2) Electronic stability control (ESC). In 2012, the National Highway Traffic Safety Administration (NHTSA) proposed a regulation which would make ESC standard on buses and trucks. According to NHTSA’s research, requiring all buses and trucks to have ESC could help prevent 14% of loss-of-control accidents and 56% of truck rollovers. That could mean preventing 60 fatalities annually.

3) Forward-collision warning systems. These systems use cameras and radars to warn a truck driver when he or she is approaching too close to another vehicle or stationary object. A 2009 study by the Federal Motor Carrier Safety Administration concluded that 8,597-18,013 rear-end accidents could have prevented in the years 2001-2005 if these systems were standard in all trucks.

4) Side-view assist. According to the Insurance Institute for Highway Safety (IIHS), up to 79 fatal car accidents and up to a total of 39 000 traffic accidents could be averted or affected if all trucks had this technology.

5) Lane-departure warning systems. These systems warn drivers when they drift off the road or into other lanes. They can be effective in preventing fatigue-related traffic accidents in Miami and across the nation. According to the IIHS, up to 10 000 truck accidents could be averted or affected if this technology were standard for trucks.

While there is ample evidence that these technologies could help prevent accidents, getting regulations passed is challenging. The technologies would cost the trucking industry additional money, and would require many trucks to be serviced to meet the new regulations. These facts have some in the industry arguing that these technologies are not needed.

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Texting and Truck Accidents in Miami: A Tough Issue

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

Many studies have confirmed the dangers of texting and driving. The Virginia Tech Transportation Institute conducted research which found that drivers who texted were 23 times more likely to be in a crash when compared with drivers who kept their focus on the road. A study by Car and Driver magazine found that while inebriated drivers took an extra eleven feet to brake, texting drivers had even slower response times and took an additional 70 feet to stop. In addition to many studies like these, there is ample anecdotal evidence in the form of many fatal car accidents in Miami and across the country
In 2010, the federal government acknowledged the dangers of texting while driving and the Federal Motor Carrier Safety Administration (FMCSA) announced rule 392.80, which effectively prohibited texting and driving for commercial truck drivers. The same rule prohibited motor carriers “allowing or requiring its drivers” to text and drive. Under the rules, commercial truck drivers cannot text unless they are safely pulled over on the side of the road. They cannot text while waiting at a traffic light, for example.

Despite the research and the FMCSA rules, however, truck accidents in Miami and across the country continue to be caused by distracted drivers. There are many potential reasons:

1) Not all states have texting bans. Florida does not currently have a ban in place for non-commercial vehicles. This keeps some drivers on the road texting – and may inadvertently send the message that texting while driving is ok.

2) Not all drivers must adhere to texting bans. Since motorists of passenger cars in Florida can text and drive, some of these motorists may be causing traffic accidents in Miami and other communities. Banning texting and driving for just some drivers may not be enough, some experts claim. No matter how careful truck drivers are, other distracted drivers on the road may crash into them or may cause an accident.

3) Texting culture is deeply ingrained. Mobile devices are often marketed as essential for organization and communication. Not only are these devices ubiquitous but many users feel that they need to be connected all the time – even when driving. These beliefs may make it harder for some motorists to put their mobile devices away when driving.

4) Texting is challenging to curb. Even though truck drivers are not allowed to text and drive, it is difficult to prevent this type of behavior. Truck drivers who insist on texting and driving can simply hide mobile devices in their lap or under the steering while driving, making it hard for police and others to notice that they are breaking the law.

5) Texting is not the only distraction. Most experts agree that any type of distracted driving increases the risk of a traffic accident in Miami and in every community across the country. Yet, it is virtually impossible to legislate all possible distracted behaviors.

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FMCSR Aims to Halt Fatigue-Related Truck Accidents in Coral Springs and Florida

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

Fatigued driving is known to be one of the most common reasons for car accidents and truck accidents in Coral Springs and across Florida. Preventing fatigue-related car accidents in Coral Springs and other communities can be tricky, however, since passenger car drivers are not bound by the same strict federal regulations as commercial truck drivers. However, FMCSR regulations for truck drivers are strict and experts believe that these regulations, when followed, help prevent accidents. These rules include:

1) A provision which holds motor carriers and truck drivers responsible for fatigued truck drivers. If a driver is impaired and tired due to illness, fatigue, or any other cause and may be unsafe behind the wheel, it is the responsibility of both the truck driver and the motor carrier to not permit the driver to operate a truck. This rule ensures that if you are in a traffic accident in Coral Springs that is caused by fatigue truck driver, both the motor carrier and the driver may be held liable. This can improve your chances of getting fair compensation in your case.

2) Commercial truck drivers cannot drive more than eleven hours consecutively after 10 hours off duty. This rule ensures that truck drivers get adequate rest and are not encouraged to drive to the point where there so fatigued that they are at risk of a truck accident.

3) Commercial truck drivers cannot drive after having driven 60 hours during 7 days consecutively. This applies to all motor carriers who do not operate commercial trucks seven days of the week. This rule ensures that truck drivers get adequate rest and don’t work overly long weeks.

4) Commercial truck drivers cannot drive after having been on duty fourteen hours after a 10 hour break off-duty. Truck drivers who are not actively driving may still be on duty and working. For example, they may be overseeing the loading of cargo or waiting for a truck to be loaded. By counting these hours as work, too, federal regulators ensure that truck drivers don’t work long hours which can lead them to be in a accident.

5) Commercial truck drivers cannot drive after having been on duty for 70 hours over 8 days consecutively. This rule applies to motor carriers who operate commercial trucks seven days a week.

6) Drivers need to be off duty for 34 consecutive hours to reset the seven or eight consecutive days described in FMCSR.

7) A commercial truck driver with a sleeper berth in his or her truck needs to have at least ten hours consecutively off duty or in the sleeper berth before beginning to drive again.

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