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

Responsible Parties in Hialeah Truck Accidents

Published on: April 11, 2012 | By Flaxman Law Group

Hialeah truck accidents are caused by a number of factors, including distracted driving, DUI, poor truck maintenance, poor truck company policies, fatigued driving, and other reasons. While the Federal Motor Carrier Safety Administration (FMCSA) and other government bodies have strict policies in place to make commercial trucking as safe as possible, Hialeah car accidents caused by commercial trucks still occur every year.

In most cases, there are multiple liable parties in a Hialeah traffic accident involving a commercial truck. These can include:

1) The truck driver. Truck drivers have many responsibilities on the road, including driving safely, following all traffic and commercial trucking rules, keeping a daily driving log, and performing twice-daily inspections of their vehicle. When truck drivers disobey the law, drive recklessly, and otherwise endanger the public they can be held liable if their actions lead to a Hialeah car accident or traffic accident.

2) The company that hired the truck driver. Truck carriers who hire truck drivers are expected to screen drivers carefully and to ensure that drivers have the correct training and support needed to drive safely. When truck companies fail to do so or fail to enforce policies that allow drivers to drive safely, they can be held liable if their actions lead to an accident.

3) The company that owns the truck or cargo. In cases where cargo is secured incorrectly, declared incorrectly, and in cases where a truck is not kept in good condition, the company responsible for the truck or cargo can be held liable.

4) The company responsible for truck maintenance. If a third party is responsible for truck maintenance, that company may be held liable if they are reckless or negligent in keeping the truck in poor condition.

5) The manufacturer of the truck or various truck parts. In cases where tire defects or other parts defects cause a Hialeah truck accident or traffic accident, the manufacturer of the truck or truck parts may be held liable for injuries if the company should have known or did know about the defects but failed to act in time.

6) The municipality, state, or town where the truck accident took place. Communities are responsible for maintaining roads and signage on many roads and states are often responsible for interstate roadways. When poor road conditions or signage cause an accident, the community or state may be held partly liable for some of the injuries the accident causes.

It can actually serve accident victims to have multiple liable parties in a case. While it can make the case more complex, it can also increase the odds that a victim who has sustained a serious Hialeah spinal cord injury, burn injury, or other serious injury can recover fair compensation for their injuries. This is why speaking with a Hialeah personal injury attorney after your accident is so important. An experienced attorney can investigate your accident and can seek out which parties are liable, so that you have the best chance of recovering fair compensation for your injuries.

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Poor Truck Maintenance as a Cause of Miami Truck Accidents

Published on: April 8, 2012 | By Flaxman Law Group

Proper truck maintenance is crucial in ensuring that commercial trucks are road-worthy and safe for interstate or Florida travel. Unfortunately, each year Miami truck accidents are caused by incorrectly maintained trucks, and in these cases multiple parties can be liable since the Federal Motor Carrier Safety Administration (FMCSA) and other governing bodies maintain that both truck drivers and the companies that hire the drivers or own the trucks are responsible for truck maintenance. According to the Federal Motor Carrier Safety Administration (FMCSA), truck drivers are responsible for inspecting a number of things at the start and end of each working day, including:

-Tires (including tread and tire inflation) and rims
-All brakes, including parking brakes, front brakes, and rear brakes
-Reflectors and lights
-Horn
-All truck mirrors, including rear-view and side mirrors
-Windshield wipers and fluid
-Emergency gear
-Coupling devices
Drivers must carefully record their inspections in a daily log and these inspections must be available to the company that hired the driver. In addition, the company that hired the driver must conduct full truck inspections, following the FMSCA guidelines, before a truck is declared safe to travel across state lines. The details and reports of these inspections must also be kept.

Since inspections can be time-consuming and costly, there have been cases where drivers and truck companies have not followed the guidelines for inspections or have failed to fix problems found during inspections. In some cases, drivers and companies have even forged documents and records to cover up poor inspection practices. When this occurs, Miami car accidents involving trucks become more likely, since incorrectly maintained trucks do not respond as they should increasing the risk of collisions.

If you have been in a Miami traffic accident caused by poor inspection practices, it is important to consult with a qualified Miami personal injury attorney in order to hold those responsible accountable for their negligence. A good attorney can investigate the cause of the accident and can keep your best interests in mind while pursuing your case to the full extent of the law. If someone’s negligence has caused your injuries, you may be able to recover the costs of medical treatment, lost income, and other expenses related to your injuries.

In a Miami truck accident, there are often multiple liable parties. This can actually improve your chances of collecting fair compensation for your injuries, so that you do not need to pay the often high cost of medical care and lost income out of your own pocket.

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Miami Truck Accidents and Truck Problems Do Not Come with Easy Solutions

Published on: April 5, 2012 | By Flaxman Law Group

Miami, as a port city, relies heavily on truck traffic to move freights from boats to destinations across the US. Drayage trucks are heavy-duty trucks that move shipping containers from the port to other destinations, where cargo can be redistributed into shipping trucks. Eventually, deliveries to smaller businesses are made with delivery trucks. Trucks are an essential part of the Miami economy, but they also cause:

1) Truck-related damage. Air contamination and wear on roads are just two problems that trucks cause. Although trucks are outnumbered by passenger cars on city streets, they do cause the majority of traffic-related road damage and quite a bit of air pollution. The road damage is an especial concern, as it can lead to Miami traffic accidents.

2) Traffic congestion. Delivery trucks stop and start frequently and in many cases, especially in the downtown area, there may not be adequate space for parking. Trucks may temporarily block lanes of traffic when making deliveries and when other vehicles try to creep around the trucks, Miami car accidents are a common result. Trucks are only part of the equation – heavy car traffic as well as lack of parking areas for larger commercial trucks are also to blame in many cases – but the fact that commercial trucks and passenger vehicles have to share the road often contributes to the problem.

3) Visibility issues. Trucks block visibility of drivers of smaller cars, potentially increasing the risk of Miami car accidents. Large commercial trucks also have many blind spots, which can mean Miami pedestrian accidents and truck accidents in some cases.

4) Miami truck accidents. Of course, one of the major problems associated with commercial trucks is the risk of truck accidents. Since commercial trucks are so large, the effects of these accidents is often devastating. Fatalities are common and when a commercial truck is carrying a flammable or toxic substance, fires, explosions, and toxic spills are also a very real danger.

Trucks, despite the problems they may cause, are an essential part of the Miami economy. We rely on trucks every day to remove waste and to deliver every item we buy to our favorite stores. Simply getting rid of trucks is not a solution, but even experts have trouble deciding what the best solution for truck-related issues might be. New York Mayor Bloomberg has proposed charging an extra fee for trucks entering New York City, but many are reluctant to institute a similar proposal in Miami, noting that trucks should not be automatically punished for creating jobs and boosting the economy. While more parking and delivery areas would help, there is often little or no room in parts of Miami to create additional parking or delivery areas. While new initiatives are always being developed to help prevent Miami traffic accidents involving trucks, there are no all-encompassing answers.

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Miami Truck Injuries Involving Ice Cream Trucks are a Concern in Summer Months

Published on: April 3, 2012 | By Flaxman Law Group

According to a 1998 study published by researchers S.J. Mubarak, C. Lavernia, and P.D. Silva, ice cream trucks pose a possible danger because they attract children and block the vision of oncoming vehicles. The researchers examined ice cream truck accidents between 1985 and 1995 and concluded that all the victims were children, predominantly girls. The most common injuries in these types of accidents were lower-extremity and pelvic injuries.

Although Miami truck accidents involving ice cream trucks are not as common as are Miami traffic accidents involving large commercial trucks, ice cream truck accidents do occur. What is most troubling is that these preventable injuries almost always harm children. According to experts, there are several things that can be done:

1) New laws. Most ice cream truck accidents are in fact Miami pedestrian accidents. When children see a truck, they dash towards the treats, sometimes oblivious to traffic around them. Ice cream trucks also sometimes make frequent stops and starts, potentially leading to accidents. Once stopped, ice cream trucks block traffic and cars behind the truck may pull out, not realizing that there are children clustered around the truck. Some experts have called for ordinances that would ban cars from passing stopped ice cream trucks that are serving customers. Others would like to see ice cream trucks banned or would like them to be parked in low-traffic areas only, where the risk of accidents is minimal.

2) Careful child supervision. If you are a parent and your child sees an ice cream truck, ensure that your child stays with you and walk to the truck together so that you can keep an eye out for traffic.

3) Set down ground rules for your children when it comes to pedestrian safety. Teach your children pedestrian safety rules and make sure that younger children are not allowed to approach ice cream trucks unless they have an older sibling or adult with them to help them cross the street. Teach children to look both ways to cross the street and teach them about staying alert when they walk across a street. Pedestrian safety can help prevent many Miami pedestrian accidents – not just those that occur near ice cream trucks.

4) Consider alternatives to ice cream trucks. If your children are young and are attracted to ice cream trucks, consider stopping by the trucks as a family or keep ice cream at home. Do not allow young children to run up to trucks by themselves.

5) Drive carefully when you see an ice cream truck. One simple way to prevent these tragedies is for every driver to exercise extra caution when nearing an ice cream truck. When you notice an ice cream truck, be prepared for extra pedestrian traffic and be extra vigilant about any children who may go running towards the truck. Never try to pass a stopped truck unless you can see clearly that there are no pedestrians in front of the truck or just to the side of the truck.

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Brake Recall Highlights the Importance of Miami Brake Defects in Truck Accidents

Published on: March 14, 2012 | By Flaxman Law Group

Brake problems cause many Miami truck accidents and Miami car accidents each year. When brakes fail to brake correctly, a driver can roll through an intersection, lose control of the vehicle, or be unable to stop in time in order to avoid an accident. Brake problems can be caused by a number of factors. For example, some Miami traffic accidents are caused when a commercial truck is so overloaded that the extra pressure of the weight causes the brakes to work incorrectly. A commercial truck`s brakes may also fail due to incorrect maintenance or due to wear and tear caused by poor driving.

In some cases, however, brake problems can also be caused because a truck part manufacturer has designed or manufactured a brake that is defective. This month, for example, Volvo Trucks North America has announced the recall of some of its VNL and VNM vehicle brakes, saying that the brakes have a relay valve defect that could lead to accidents. The NHTSA has announced that some 2011 and 2012 brakes with the Bendix ATR-6 traction relay valves could leak internally in some cold temperatures. This can cause air pressure to affect some components of the brake, leading to the continuous application of the brake. In turn, this can potentially cause overheating, fires, or even wheel lockup. About 22,383 trucks may be affected by the recall, according to the NHTSA.

Brake defects are nothing new, but each recall is a cause for concern. Volvo has stated that they will offer temporary repairs for the brakes and seek out a permanent repair. They have also stated that they will contact customers about the recall. However, that may mean that there are thousands of trucks on the road with potentially dangerous brakes. As well, even once customers are notified, truck carriers still must remove affected trucks from the road and submit them to repairs in a timely manner.

After a Miami truck accident involving a brake defect, it often takes a qualified Miami personal injury attorney to uncover liable parties. When a brake fails, there may be multiple liable parties. The manufacturer of the brakes may have designed a brake with defects or a flaw in the manufacturing process may have created a defective brake. Even in cases where a brake has not been recalled, it may still be affected by dangerous defects that have simply not been uncovered or publicized yet. In addition to the manufacturer, the truck carrier may be held liable for not correctly maintaining the brakes. Even the driver may be held liable if a problem with the brakes is not reported. If the driver operates the truck in a way that harms the brakes, the driver may also be held liable.

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How Much of a Concern are Brake Problems in Homestead Truck Accidents?

Published on: March 9, 2012 | By Flaxman Law Group

Brake problems are a common cause of Homestead truck accidents. In fact, according to FACT data from 2001, brake problems are found in many commercial trucks. One 2001 study of 407 trucks found that 32.7% of large trucks tested had pre-crash brake violations. Another study by the Department of Transportation (DOT) concluded that 29.4% of all large truck accidents involved brake issues, such as brake failure.

One of the biggest problems with Homestead traffic accidents caused by brake problems involving a commercial truck is that it can be hard for victims to get adequate compensation. The truck carrier, driver, brake manufacturer, and other possible liable parties may all blame each other for the brake issues, making it hard for the injury victim to get speedy and fair resolution for a claim.

Brake manufacturers are often held at least partly liable after a Homestead car accident involving a failed truck brake because there are many regulations imposed on manufacturers by the federal government. Brake manufacturers must ensure that their brakes meet strict automatic brake adjustment system rules, and can help trucks stop and decelerate within certain guidelines. If there is any error during the brake design or manufacturing process, the brake manufacturer can be held liable if an accident and injuries occur as a result of the errors.

Trucking companies are also often held at least partly liable after a Homestead truck accident. Trucking companies must ensure that their trucks are safe for the road. This means that if brakes have been recalled due to a known problem, trucking companies are responsible for ensuring that the tires are not on their trucks. Companies can also be held liable if they depower the front brakes to save money on tire replacement costs. Trucking companies are also responsible for correct maintenance on brakes and are required to keep records of maintenance completed. If a company fails to do any of this, they can be held liable if their actions result in an accident and injury.

Drivers are also sometimes held liable after a Homestead truck accident. Drivers are required to complete a pre-trip report which includes inspecting the truck for loose brake components, checking the brake shoes, and inspecting any possible air leaks in the brake chamber.

In addition to the brake manufacturer, driver, and truck carriers, others may be held liable for brake failure leading to a truck accident. If the truck carrier had a third party service perform brake maintenance on their fleet of trucks, for example, and the maintenance was not done correctly, the mechanics may be held liable. If the company loading the truck incorrectly loads the truck and this leads to brake failure, that company can be held liable. In some cases, as well, one company will lease trucks to another truck carrier, and in these cases determining who is responsible for truck and brake maintenance can be challenging.

For all these reasons, it is important to speak with a Homestead personal injury attorney if you have been injured in a truck accident. An attorney can investigate all the causes of an accident and can determine all liable parties. This is crucial, since multiple liable parties can make it more likely that you will recover fair compensation that pays for medical expenses, lost income, and other costs related to your accident.

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Tire Failure and Coral Gables Truck Accidents

Published on: March 7, 2012 | By Flaxman Law Group

Tire failures causes many Coral Gables truck accidents each year. When a tire failure or blowout occurs, the truck driver can easily lose control of the vehicle and veer into other traffic. In addition, parts of a tire can be thrown into the path or windshield of oncoming cars, causing a Coral Gables car accident. There are many things that can cause a Coral Cables tire blowout or tire failure on a commercial truck:

1) Heavy use of the brake pads. In many cases, this is considered a driver error. If a driver places undue stress on the brake pads – which can often occur on hills, especially, this places extra pressure on the tires can cause a tire blowout.

2) High temperatures. This can be an especial problem in Coral Gables and in other parts of South Florida. When temperatures are high, roadways get hot and prolonged exposure to heat can gradually cause the rubber in tires to break down, making blowouts more likely.

3) Cargo problems. Carrying more than the allotted amount or weight of cargo places undue pressure on the tires and can cause a blowout. Truck carriers have limits as to how much cargo they are allowed to carry. When a company ignores these rules and overloads a truck, they can be held liable if the truck’s cargo causes a Coral Gables traffic accident.

4) Incorrect tire inflation. Tires that are overinflated or underinflated can make it harder for a truck driver to control the vehicle. Incorrect inflation also means that the tires do not function correctly and this can lead to a tire blowout. Overinflated tires are dangerous because the amount of tire surface on the road is less, meaning that truck does not grip the road correctly. Underinflated tires increase friction when the truck is in motion, generating more heat, which is very dangerous and can easily cause a tire blowout. Both overinflated tires and underinflated tires increase the wear and tear on the tire and can mean that the tire will wear out sooner than expected. Truck carriers are responsible for ensuring correct maintenance on truck tires, but truck drivers are also responsible for ensuring that truck tires remain correctly inflated on the road.

5) Tire defects. Manufacturers are responsible for creating safe tires for trucks and cars. Over the years, a number of tires have been recalled for design or manufacturing flaws that can cause accidents.

6) Old tires. Tires break down over time, even if they are stored rather than used. It is important for tires to be replaced periodically to ensure that the tires are not worn down. In addition, truck carriers need to make sure that the tires placed on trucks are new and in good working condition. Both truck carriers and truck drivers are responsible for checking the dates and the wear and tear on tires to ensure that tires are replaced in a timely fashion.
When a tire blowout occurs on the road and causes you to be injured in a Coral Gables truck accident, it is important to consult with a qualified Coral Gables personal injury attorney. The costs of your injuries may be substantial and an experienced attorney can aggressively pursue multiple liable parties to get you the compensation you deserve.

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Should Car and Truck Manufacturers Be Responsible for Preventing Pompano Beach Truck Accidents Caused by Distracted Driving?

Published on: March 3, 2012 | By Flaxman Law Group

Today, most people agree that distracted driving is one of the main causes of Pompano Beach traffic accidents, including truck accidents. Each day, it seems, there is another item in the news about a Pompano Beach truck accident or Florida car accident caused by a distracted driver. While awareness about the problem is growing, however, many people continue to drive distracted.

One problem, according to experts, is that driving distracted is easier today than ever before. Mobile devices are ubiquitous and many cars are made with a great deal of distracting technology, including LCDs, DVD players, audio systems, voice-controlled applications, and other devices that capture drivers’ attention. Truck drivers may also need to deal with a dispatch radio or other communication devices on the job.

The U.S. Department of Transportation (DOT) believes that vehicle manufacturers should be more responsible for the possibly-distracting technology sold in cars and trucks today. DOT head Ray LaHood recently revealed new guidelines for vehicle manufacturers. The proposed guidelines would limit the technology in cars that is distracting or not related to safety features.

DOT would like to see technology features that do not require drivers to remove their eyes from the road for more than two seconds and would like to see no new technology that would require drivers to remove both hands from the wheel. The agency would also like to see more involved technology disabled when vehicles are not in park. This means that features such as phone dialing, setting up navigation systems, internet browsing, and text messaging could only be done when the car was not in motion.

Experts predict that in the future DOT may also target makers of tablet computers, smartphones, GPS units, and other devices used in cars, to make these devices safer on the road. The final guidelines of the current proposed items have not been finalized and the guidelines are not directives. This has some experts wondering how effective the guidelines might be.

The DOT announcement also raises another question: who is liable when a distracted driver causes a Pompano Beach car accident or truck accident? Is it purely the driver’s fault? Can manufacturers of GPS devices and car makers be held responsible for creating and marketing technology that distracts drivers? The DOT decisions certainly suggests that the agency feels that vehicle makers have a role to play in preventing distracted driving.

In many ways, the debate about distracted driving always comes down to a debate about personal choice. Florida is one of only a handful of states to not have a ban on texting, in part because some legislators feel that banning distracted driving is too much of an intrusion into people’s lives. Many also feel that banning texting and driving would not prevent other forms of distracted driving, which can be just as deadly.

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Causes of Hollywood Trucking Accidents

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

After a Hollywood truck accident, it is only natural to have questions. One of the most common questions that victims of Hollywood traffic accidents have is “why did this happen?” Searching for answers usually involves working with a Hollywood personal injury attorney, who can hire accident reconstruction experts as well as private investigators and other professionals to determine the cause of an accident. In many cases, a Hollywood truck accident is caused by a few factors:

1) Driver fatigue. Commercial truck drivers must obey certain rules which limit how many hours a truck driver can drive before resting and how much rest a driver must take. However, in many cases these rules are not followed. In some cases, drivers choose to drive further in order to make more money while in other cases drivers are pressured into driving longer hours in order to make delivery deadlines. In some cases, a driver may have a health issue that makes them fall asleep at the wheel. Many studies have shown that driving fatigued can be as dangerous as drunk driving, because response times and focus are impaired in similar ways. When truck drivers fall asleep at the wheel or fail to respond in time, catastrophic Hollywood car accidents are a common result.

2) Distracted driving and driver error. Even when a driver is well-rested, he or she can make mistakes that lead to a tragic accident. Many Hollywood truck accidents, for example, are caused by drivers who decide to tailgate, speed, drive aggressively, or make other errors. In addition, many Hollywood traffic accidents are caused by distracted driving. While commercial truck drivers are not allowed to text and drive, some drivers do fail to follow protocols for avoiding distracted driving.

3) Poor truck maintenance. When truck carriers fail to properly care for trucks, brake failure, tire blowouts, and other mechanical failures are common. Trucks in poor condition may not respond in time to avoid an accident, may suddenly fail, or can otherwise respond in a way that the driver does not expect, making it virtually impossible for the driver to avoid an accident.

4) Load issues. There are weight limits imposed by the Department of Transportation, as well as rules bout securing cargo. However, some companies do overburden their trucks with excessive cargo or fail to property secure cargo. This can cause tire blowouts, rollovers, and other Hollywood truck accidents.

5) Poor hiring practices. Truck carriers should check for drivers with histories of substance abuse, traffic violations, and other problems. When a company hires an unqualified driver, both the company and the driver can be held liable if the driver’s poor driving results in a Hollywood traffic accident.

After a Hollywood truck accident, it is very important to determine the cause of the accident. Determining the cause can help you find all liable parties, and if you have been injured in a truck accident pursuing all liable parties increases your chances of fair compensation. To determine the cause of your accident, it is important to consult with a qualified Hollywood personal injury attorney. Attorneys work with investigative professionals who can help you find the answers you need about your accident.

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Oil Tanker Accidents: A Dangerous Type of Coral Springs Truck Accident

Published on: February 23, 2012 | By Flaxman Law Group

Oil tanker trucks carry oil and in some cases natural gas and other potentially hazardous materials to consumer homes and to businesses. Unfortunately, when these vehicles become involved in Coral Springs truck accidents, the results can be devastating. While any Coral Springs car accident or traffic accident can lead to serious injuries and even fatalities, oil tanker accidents can lead to environmental disaster, wide-spread property damage, and serious injuries and fatalities due the explosive and hazardous nature of the cargo these vehicles carry.

With tanker trucks carrying flammable material such as natural gas and oil, one of the major hazards in a Coral Springs traffic accident is that the cargo will catch fire or explode. Such explosions can cause pieces of truck to be flung over large distances, causing property damage and potentially injuring bystanders. Explosions can also be fatal to passengers, the driver, other motorists, and even emergency responders at the scene.

When a tanker truck catches fire, pressure can build in the tanker until the release valve bursts, which then can cause gas and flames to leap into the air. In some cases, this can cause a very severely negative environmental impact as well, and entire neighborhoods may need to be cleared to keep people safe. The pressure of an exploding oil tanker and subsequent fire can also cause hundreds of thousands of dollars or even millions of dollars in damage to roads and infrastructure, which can make roadways dangerous to other vehicles and can even cause secondary Coral Springs car accidents.

There are many reasons for oil tanker truck accidents. When brake failure occurs, tankers are vulnerable to rollover accidents, due to their top-heavy loads and due to the fact that they have shifting cargo. A rollover Coral Springs truck accident involving a tanker can easily lead to a fire or explosion. Another common cause for these types of accidents involves an oil tanker colliding with another vehicle. The sheer force of the impact can cause a fire.

Many explosions after Coral Springs truck accidents involving tankers are also caused by problems with the truck. Overweight trucks, poor muffler systems that ignite, and poorly maintained fuel tanks can all lead to accidents and explosions. Any truck problem or defect that could cause a Coral Springs truck accident or car accident with another type of vehicle becomes doubly dangerous with an oil tanker, simply due to the dangerous nature of the cargo these vehicles carry.

Owners of oil tankers as well as drivers of these vehicles are responsible for taking all necessary precautions to ensure that cargo is transported safely. When oil tanker drivers take risks, the resulting accidents could affect thousands of lives. In these cases, victims can pursue legal claims to get compensation for their injuries and to pressure truck carriers to adopt safer policies to prevent further accidents.

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