Item: Flaxman Law Group
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Author: Clara Barman

Are Truck Collisions in Miami and South Florida on the Rise?

Published on: January 10, 2013 | By Flaxman Law Group

According to the National Highway Traffic Safety Administration (NHTSA), 3,757 people across the country were killed in truck collisions in 2011, compared with 3,686 in 2010. This represents a 1.9% increase in the number of fatalities between the two years. In many cases, these accidents were single-vehicle truck accidents. In 2010, there were 339 truck driver fatalities in single-vehicle accidents, compared with 403 such fatalities in 2011. According to the NHTSA, this is the second year in a row where these numbers have risen, despite new regulations that are supposed to make streets safer.

According to some experts, the number of single-vehicle crashes as well as new research linking driver condition to truck accidents may mean that in the future there will be more emphasis on holding truck drivers accountable and ensuring that they are safe behind the wheel. This is a departure from past years, where the focus has been on mechanical issues of trucks and on enforcing laws such as speed limits.

What can be done to prevent truck accidents in Miami and across South Florida? Many suggestions have been put forward:

1) Some have suggested more attention should be paid to the physical condition of drivers. Studies have shown that drivers with very high BMIs have higher crash rates and are more at risk of conditions such as sleep apnea, which can severely affect driving ability. Fatigue can also lead to truck accidents and car accidents in Miami and other Florida communities. Currently, commercial truck drivers must get physicals and must submit to drug and alcohol testing, but experts think that more can be done to ensure that drivers do not suffer from sleep apnea and other conditions that could cause accidents.

2) Some experts recommend more accountability for drivers and truck companies who break rules or take risks. Some companies and drivers circumvent rules for profit. In other cases, drivers and companies take risks that do not officially break laws but which still put drivers at risk.

3) Some experts believe that limiting the speed and size of trucks further would be beneficial. The truck industry has largely been in favor of higher speeds and larger trucks, arguing that larger trucks and speeds would be more cost effective and that larger trucks might be safer on the roads, since they would eliminate the need for more commercial trucks on the roadways. Most experts disagree with this, claiming that smaller trucks and lower speed limits would make it easier for truck drivers to keep control of their trucks.

4) Some safety professionals feel that technology can help make trucks safer. Technology already exists that would make it possible to keep track of how fast commercial truck drivers drive, how often they take breaks, and even their blood pressure and heart rates. Some experts feel that installing this type of additional technology would make it easier to track what truck drivers do on the roads – and the risks they take. This, they argue, would make it easier to curb risky behaviors that could lead to traffic accidents in Miami and elsewhere across the country.

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Could Mindlessness Lead to Car and Truck Accidents in Miami Springs and Across Florida?

Published on: January 8, 2013 | By Flaxman Law Group

A new study published in the British Medical Journal has concluded that mind-wandering can contribute to car accidents. The study’s authors spoke with 955 injured drivers who were admitted to Emergency Rooms. In 47% of cases, researchers determined that the injured driver was the at-fault driver and in half of those cases the driver was engaged in mind wandering before the crash. In 13% of cases, the mind wandering intense and disruptive. According to researchers, mind wandering involves thinking about tasks other than the task at hand.

While drivers are aware that drunk driving accidents in Miami Springs and across Florida claim lives and while motorists are becoming increasingly aware of the dangers of texting and driving, experts agree that there is less awareness about the other types of distractions. While much has been written in the media about mobile devices causing truck accidents in Miami Springs and across the nation, there is less public awareness of the fact that any distraction – even emotional distraction – can lead to roadway accidents.

When we are not mindful while driving, our full focus is not on the road. We may miss important information – such as traffic lights or pedestrians – because we are not paying attention. This can easily lead to a collision. There are many things that truck drivers and motorists can do to prevent mind wandering:

1) Avoid excessive driving. Of course, truck drivers have hours of service rules that are designed to ensure that drivers get adequate rest. Non-commercial drivers in passenger vehicles, however, need to be responsible to themselves in ensuring they get enough rest and frequent breaks when driving. It’s harder to keep focus on driving over very long distances, so if you travel often you can prevent truck and car accidents in Miami Springs or in your community by making stops to rest.

2) Find savvy ways to deal with emotional problems. In many cases, our minds wander because we have a worry or concern gnawing at us. Rather than just thinking about the problem, try discussing it with a trusted friend or writing in a journal about it. Dealing with issues rather than mulling them over is more productive – and safer if you are driving.

3) Get in the habit of evaluating your emotional state often. If your mind tends to wander often or you tend to daydream while driving, set up some system for evaluating your emotional state as you drive. You could evaluate your focus at every stop light, for example. Frequently reminding yourself that you need to focus fully on driving can break the daydreaming habit.

4) Get plenty of sleep. It is much harder to focus when you are tired, and fatigued driving has been linked to traffic accidents in Miami Springs and across the country. Adequate rest will make you a safer driver.

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Studies Suggest That Health of Truck Drivers May Play a Role in Truck Accidents in Homestead and Across Florida

Published on: January 3, 2013 | By Flaxman Law Group

A study out of University of Minnesota has determined that driver health may play an important role in truck accidents. Researchers examined the BMI (body mass index) of newly hired commercial truck drivers. The study researchers measured accident rates and BMI of the drivers for two years, or until the drivers left the company. The study found that truck drivers with a BMI of 35 or more – which is considered extremely obese – had an accident rate of 43-55% higher than drivers with healthy BMI. Commercial drivers who were overweight or moderately obese were not found to have significantly higher accident rates than drivers with ideal BMI ranges.

What does this mean for truck accidents in Homestead and other communities in Florida? It could mean that in addition to driver error and other common causes of truck accidents, obesity and health issues could be contributing to traffic accidents in Homestead and in Florida. Obesity can lead to many serious illnesses, such as:

1) Sleep apnea. Patients who are obese are more at risk of sleep apnea, a potentially dangerous condition causing patients to experience disrupted sleep cycles. Patients with sleep apnea often wake during the night because their breathing is cut off. When patients wake up, they may not remember having problems sleeping but they generally experience extreme fatigue during the day and may have a hard time getting “enough” sleep. Truck drivers with sleep apnea may be extremely tired on the road, in some cases driving off the road or losing control of their vehicles, leading to serious collisions.

2) Sudden death. Patients who are obese are more likely to suffer from heart problems. Undetected and untreated, heart disease can lead to heart failure and other types of emergencies that can lead to sudden death.

3) Obesity-related diseases. Obesity has been linked to many serious illnesses, including diabetes, cancer, heart disease, strokes, and other serious ailments. Truck drivers who are obese are at risk of developing these diseases, which can affect their ability to drive. In cases where a disease goes undetected, the symptoms can affect a driver’s ability to operate a truck. In some cases, symptoms can be severe enough that they lead to a truck-related car accident in Homestead or other communities.

4) Mobility issues. Severe obesity may make it harder for truck drivers to move easily. This can make it harder for truck drivers to check blind spots and generally drive safely.

5) Medication issues. In many cases, truck drivers who are severely obese and have health issues because of it may be taking medication for their medical conditions. Prescribed and over-the-counter medications, however, may have serious side effects that affect a driver’s ability to drive safely.

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Driving Tips To Help You Avoid Truck Accidents in Coral Gables

Published on: January 1, 2013 | By Flaxman Law Group

Each year, truck accidents in Coral Gables and across South Florida occur because drivers make simple mistakes that lead to collisions. To help avoid car accidents in Coral Gables involving trucks, there are many things that you can do:

1) Allow trucks to have right of way. Do not cut trucks off, especially if they may be braking. Trucks take longer to stop than passenger cars, so cutting commercial trucks off can lead to an accident.

2) Stay out of trucks’ no zones. Commercial trucks have large blind spots – known as “no zones.” These tend to be behind and along the sides of the truck. In general, if you cannot see the truck driver in the truck’s side mirrors, the truck driver cannot see you. Driving in a truck’s no zones increases the risk of an accident, since the driver may not realize you are close to the truck and may back up or try to change lanes.

3) Keep at least four seconds of distance between you and trucks in front of you. Trucks need extra time to maneuver. In addition, they may make frequent stops and starts as they make deliveries. Allowing extra room gives you a little extra insurance.

4) Pass trucks safely. Give yourself extra time, since trucks are longer. Use your signal and maintain a steady speed when passing. Make sure that you can see the front of the truck in your rear-view mirror before you re-enter the lane and complete the pass. Use extra caution when passing trucks with trailers – these can swing into your lane.

5) When you see a truck making a turn, stay well back. Avoid trying to squeeze in between the truck and the curb – your vehicle may be crushed when the truck swings wide. These types of traffic accidents in Coral Gables and across South Florida can be especially deadly, since the smaller passenger vehicle is often crushed by the impact.

6) If you are on a hill and stopped behind a truck, give the truck plenty of extra space. The truck may start to drift backwards a bit before moving forward when the driver releases the brakes. Extra space ensures your car won’t be hit if this happens. Leaving extra space also makes it more likely that the truck driver will see you.

7) On highways, avoid driving between two trucks or multiple trucks – you may get into a collision if the truck drivers cannot see you.

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Could NTSB Safety Technology Recommendations Help Prevent Davie Trucking Accidents?

Published on: December 29, 2012 | By Flaxman Law Group

The National Transportation Safety Board (NTSB) would like to see some features and devices to become standard on all new cars and trucks in order to help prevent car and truck accidents. Car and truck manufacturers say that adding these safety technologies could add substantially to the cost of vehicles, but the NTSB has argued that the following safety features, if standard on all vehicles, could help prevent accidents:

1) Lane departure warning. This system sounds an alarm if a driver enters another lane without signaling. This system can potentially prevent Davie truck accidents by warning motorists if they are drifting into another lane. It can also help warn drivers who routinely change lanes without adequate signaling – a bad driving habit that can lead to Davie car accidents and truck accidents.

2) Forward collision warning. These systems monitor the traffic in front of a truck or car and warn the driver with an alarm if a collision is about to happen. In some cases, the system can even apply the brakes to prevent an accident.

3) Adaptive cruise control. This safety technology interprets traffic conditions by using sensors and then modulates brakes and throttle to ensure that a motorist maintains a safe distance from other cars. This technology can help prevent Davie traffic accidents caused by cars following other vehicles too closely.

4) Automatic braking. This system applies the brakes automatically when needed to prevent a Davie pedestrian accident or other collision.

5) Electronic stability control. Electronic stability control is a system that automatically brakes specific wheels to stabilize the car and allows the driver to retain control of the car. According to the NTSB, this feature is included on many smaller cars but would be very effective on larger trucks.

6) Tire-pressure monitoring systems. As the name suggests, this feature keeps track of tire pressure and alerts drivers when tire pressure does not meet specific safety standards. Since many Davie truck collisions are caused by tire failure and blowouts, this technology could help prevent these accidents.

7) Speed-limiting technology. As the term implies, this technology limits the speed that vehicles can reach. Since speeding is a factor in many traffic accidents – including fatal collisions – this feature is meant to prevent these types of crashes.

Many of the above features are already available on some cars and trucks, but they tend to be optional features that come with higher-end trucks and cars. According to the NTSB, these safety features should be made mandatory so that drivers at all budgets could benefit from the safety measures.

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Programs Aim to Reduce South Miami Truck Accidents Caused by Aggressive Driving

Published on: December 26, 2012 | By Flaxman Law Group

In November of this year, the Florida Highway Patrol and other agencies launched TACT (Ticketing Aggressive Cars and Trucks), an initiative aimed at reducing Florida traffic accidents caused by aggressive drivers. According to authorities, aggressive driving is a leading cause of South Miami car accidents and truck accidents. When drivers are aggressive, they’re more likely to make mistakes and more likely to take risks, which can lead to accidents and serious injury. There are many things that can be done to help prevent aggressive driving:

1) Take responsibility and avoid driving when you are emotional. Emotional driving can be just as dangerous as distracted driving and can also lead to South Miami truck accidents and car accidents. When you are emotional, your full focus is not on the road and you’re more likely to make mistakes as well as to drive aggressively. If you find yourself emotional or angry and want to drive off, take a walk instead, take a few deep breaths and learn to relax yourself before you hop in the car.

2) Be aware of the risk factors of aggressive driving. We all have triggers that make us angry. Learn to recognize what makes you angry and avoid driving immediately afterwards.

3) Learn to recognize symptoms of anger before you get in the car and learn to diffuse them. Many people drive aggressively because they do not realize that they are at risk or do not realize that they are driving aggressively. If you are speeding, cutting other drivers off, yelling at other drivers, making aggressive hand gestures, and are filled with anger as you are driving, you’re probably an aggressive driver and you may be suffering from road rage. You should pull over and calm down before you continue to drive. If you feel angry and feel like hitting something, yelling, or driving quickly, do not get in the car. Learn to calm yourself before you drive.

4) Report aggressive drivers. Drivers who are aggressive on the road tend to drive aggressively repeatedly. If you see someone who is weaving, making offensive gestures, or seems to be in the throes of road rage, report them.

5) Learn to manage your anger if it is an issue. If you have trouble controlling your temper or your emotions and it is affecting your driving ability or your life, consult a professional. Anger management classes can make you a better driver, can make you calmer, and can improve the quality of your life.

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How to Advocate: Things You Can Do to Take a Stand Against Safety Risks that Lead to Homestead Truck Accidents

Published on: November 29, 2012 | By Flaxman Law Group

If you have been injured in a Homestead truck accident, you may not only want to focus on healing, but you may also become interested in advocacy. Many survivors of serious Homestead traffic accidents find that advocacy is an important part of the healing process and helps them seek changes that can help prevent similar accidents in the future. Whether you are a Homestead head injury patient, burn patient, or have sustained another type of injury, there are many things you can do:

1) Educate yourself about the issues and safety concerns affecting the risk of traffic accidents. Finding out what caused the Homestead truck accident that caused your injuries can be important, since the same issues may cause multiple Homestead car accidents and truck accidents. Drunk driving, speeding, rule violates, fatigued and distracted driving are all known dangers yet drivers continue to make poor choices when it comes to these hazards. When enough victims step forward about these issues, however, real change is possible.

2) Join and volunteer with an organization dedicated to advocacy and truck safety. Groups such as the Truck Safety Coalition and others aim to raise awareness and change laws so that tragedy can be prevented. These groups are often eager for volunteers and can suggest many things that you can do to help the cause. To find advocacy groups, you may wish to speak to your attorney, support group, or research online.

3) Write to your elected representative. If your accident was caused by a common problem – such as speeding, distracted driving, or other issues – write to your elected representative. Succinctly explain your story and request specific changes to be made that can help prevent similar Homestead truck crashes in the future. For example, if your accident was caused by a distracted driver, considering asking your elected representative to sponsor or support legislation which would ban texting and driving in Florida.
4) Follow up with and meet with your elected representatives. Politicians receive many emails and letters per day. Following up with an appointment or another letter shows that you are serious about the issue. You may also consider setting up a petition about a safety issue. When politicians see that voters are passionate about a topic, they are more likely to pay attention.

5) If you have been injured in a Homestead traffic accident, work with a Homestead personal injury attorney to get answers and to hold responsible parties liable. An experienced attorney can help you find out what caused an accident and can help you determine what steps to take after an accident. Deciding to pursue a legal claim can also help bring about important safety changes. Legal claims shine a spotlight on problem safety measures and in many cases truck companies agree to safety changes as well as compensation as part of out-of-court settlements. Holding a responsible party liable can help that company make changes that can prevent another accident.

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Issues That Affect You: Safety Concerns That Affect Coral Gables Truck Accident Risk

Published on: November 27, 2012 | By Flaxman Law Group

Keeping yourself informed about the issues that could affect your safety on the road is an important part of being a savvy driver. There are many issues that federal and state governments have been mulling over that could affect the risk of Coral Gables trucking accidents:

1) Maximum allowed truck weights. In 1995, there was a freeze on longer combination vehicles (LCVs) and limits have been set on the weight and size of commercial trucks. Numerous studies have shown that heavier and larger trucks may be at larger risk of collisions and may harm roads and infrastructure more than current trucks. However, truck companies and the industry sometimes advocate for larger trucks and larger weight limits, arguing that these limits would allow their businesses to be more cost-effective as it would allow more products to be shipped at a time.

2) Hours of Service (HoS) regulations. According to the National Transportation Safety Board (NTSB), the U.S. Department of Transportation (DOT), and other agencies, driver fatigue is a contributor in many truck crashes. As a result, federal laws have limited the number of hours commercial truck drivers can work before taking a break. In 2003, rules were set so that drivers can drive a maximum of 11 hours after ten consecutive hours of break. This was actually an increase in the number of hours permitted on the road and many advocacy groups have tried to get these hours reduced. Truck drivers and companies, however, have a financial incentive to seek longer hours.

3) Insurance levels for truck companies. Motor coaches are required to carry a minimum of $5 million in insurance while trucks need to carry $750 000 in insurance. Many advocacy groups have been trying to increase these mandatory minimums, especially for commercial trucks carrying hazardous waste, noting that the minimums have not been updated in three decades. With the current rules about insurance, some advocates point out, victims of Coral Gables truck accidents who have sustained serious injuries such as Coral Gables head injuries, amputations, and other serious injuries may have trouble getting fair compensation for their injuries.

4) Electronic On-Board Recorders (EOBRs). EOBRs are devices which automatically record information about trips – including distances driven. Truck safety groups have been trying to pass rules which would require all trucks to have these devices. Currently, commercial truck drivers must note hours driven and hours of rest in written log books, but these books are not as accurate as EOBRs.

5) Panels and impact guards to reduce underride accidents and injuries in rear impact collisions. According to the Truck Safety Coalition, half of all fatal truck accidents involve underrride accidents, where a smaller vehicle slides under a larger truck. Some experts believe that requiring all commercial trucks to be equipped with energy-absorbing, velocity-sensitive rear impact guards and low-mounted side panels would prevent a large number of these types of accidents.

6) Speed limits. Speeding is a major cause of many Coral Gables car accidents and truck accidents. Since trucks take longer to stop and brake than passenger vehicles, some experts believe that reducing speed on trucks would reduce the risk of accidents and would decrease the risk of fatalities and serious injury in collisions.

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Truck Driver Tips For Renters: Preventing Miami Springs Truck Accidents If You Have To Rent A Truck

Published on: November 22, 2012 | By Flaxman Law Group

Most motorists who drive passenger vehicles may need to rent a truck or van at some point in their lives in order to complete home renovations or for a move. If you need to rent a truck, you will want to keep several safety tips in mind in order to help prevent a Miami Springs traffic accident:

1) Rent the right truck and check it out before you drive. Choose the smallest truck you need for your needs without having to overburden the truck. The larger the truck you rent, the more blind spots you will have and the more difficult it will be for you to drive the truck, especially if you’re used to smaller vehicles. If you need a very large truck for your task, consider hiring a moving service or truck driver to prevent having to drive the truck yourself. If you do rent a light truck, make sure that you test the truck out before you load it up and drive it anywhere. Consider taking it to a mechanic for quick once over. Unfortunately, the safety records and standards of rental companies very widely. There many horror stories of customers renting trucks that are not fit for the road or that prove to have safety issues.

2) Go for a test drive. If you rent a truck, consider taking it out on back roads and quiet streets to familiarize yourself with the vehicle before you load it up and take it for a drive in busy areas. Gaining a little bit of experience and confidence with the truck is important in helping you reduce the risk of a Miami Springs truck accident.

3) Get lots of rest. Fatigued driving is a leading cause of Miami Springs car accidents and truck accidents. If you are moving or doing something strenuous, especially, get plenty of rest so that you are alert on the road.

4) Make sure you know the responsibilities of the truck. If you are renting a very large truck, you may need to keep a log of driving hours and rest hours and you may need to make stops at scales along the way. Make sure you have this information before you take the truck out of the rental company’s parking lot.

5) Drive defensively.

6) Become aware of your truck’s no zones. Trucks have more blind spots and much larger blind spots than the average car. Become familiar with the truck’s blind spots and make sure to give yourself extra room in order to account for them. Use your mirrors and turn around physically to check blind spots when backing up, turning, and driving. Up to one third of car accidents involving trucks and passenger vehicles occur because of a vehicle in the truck’s no zone.

7) Use extra caution in construction zones. Construction zones are danger zones for all drivers, especially trucks. Construction zones usually involve a number of pedestrian construction workers as well as larger vehicles and unpredictable vehicle movements. When in a construction zone, slow down and follow directions and signs carefully.

8) Give yourself extra space. Trucks take more time to slow down. With the larger blind spots, as well, it becomes more important to keep a larger distance between yourself and other vehicles. When in doubt, leave more room.

9) Report problems. If you notice unsafe conditions on a highway or other safety dangers, you can contact the Federal Motor Carrier Safety Administration (FMCSA) Driver Hotline (1-800-DOT-SAFT) or the National Highway Traffic Safety Administration (NHTSA) Vehicle Hotline (1-888-327-4236) in order to report the problems.

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Could Miami Gardens Truck Accidents Caused by Distracted Driving Be on the Increase at This Time of Year?

Published on: November 13, 2012 | By Flaxman Law Group

At this time of year, distracted driving can be a cause of concern — after all, at this time of year many people are especially busy trying to shop, visit family and friends, and take part in all the holiday festivities. Many workplaces are also extra busy during the holiday season, creating extra stress for employees. However, could the extra holiday rush mean more Miami Gardens truck accidents? It is possible for a couple of reasons:

1) The holiday season means more traffic – especially more truck traffic. During the holiday season, stores ramp up their retailing efforts, and this often means more inventory and more trucks required to bring holiday sale items or holiday decor items to stores. At the same time, there’s more traffic on the roads as holiday shoppers travel to stores and travel to holiday parties and events. The increase in traffic can mean more Miami Gardens car accidents and truck accidents on the roads.

2) Truck companies and truck drivers feel the pressure of the holidays too. The holiday season is a busy one for the trucking industry, as more stores demand more inventory in their stores and as more deliveries need to be made as customers order products and mail them to friends and family. The additional busyness can mean that truckers feel more pressure to deliver more products and more deliveries on time. Deadlines can be tighter at this time of year and drivers may feel more pressure to check their messages and work-related phones frequently. They may also feel more pressure to drive quickly and to deliver more in a shorter period of time in order to meet demand. This extra pressure can easily lead to a truck accident in cases where drivers are distracted from driving by the extra holiday rush.

3) The holiday season coincides with the flu season. Unfortunately, this time of year is not only the holiday season but also the flu season. When truck drivers get sick, they may feel pressured to keep driving and keep working in order to meet holiday demand. Having the flu or being sick can be extremely distracting, however, and can easily lead to Miami Gardens traffic accidents.

4) The holiday season can mean new routes for truck drivers. Truck drivers may need to deviate from regular routes during the holiday season in order to deal with new customers, new holiday demands, and new deliveries during the holiday season. Unfamiliar routes can be distracting for truck drivers, as they try to navigate unfamiliar streets and try to keep track of their routes and maps.

5) The holiday season can mean temporary or replacement truck drivers. Many trucking companies hire temporary drivers or seasonal drivers or take on new workers in order to meet holiday demand and in order to replace any drivers who are sick or unable to work due to family responsibilities. Unfortunately, replacement truck drivers may not be familiar with established routes. In addition, truck companies may feel pressure to hire and may do less screening of truck drivers if they feel pressure to hire more drivers during the holiday rush.

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