Item: Flaxman Law Group
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Author: Clara Barman

New Year, New Home? What You Need to Know to Prevent Palmetto Bay Moving Truck Accidents

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

In the New Year, many people make big changes in their lives. If your change involves moving to a new home, you may be interested in renting a truck to move your furniture and possessions to your new house. While renting your own truck can be a cost-effective option, it is not always the safest option. Each year, people are involved in Palmetto Bay traffic accidents while driving rental trucks.

The truth is, most motorists are not prepared for the dangers and risks of driving larger moving trucks. These trucks have more blind spots and handle much differently than a regular car, putting you at a much higher risk of a Palmetto Bay truck accident. In addition, some truck rental companies have poor records for truck maintenance. Many companies renting trucks have long lists of unsatisfied customers, some of whom claim that the companies rent trucks that are not kept in good condition. In past years, investigative journalists have found that some companies even move trucks from state to state to avoid costly repairs and maintenance on their fleets. The track records of some of these trucks may give you pause.

Luckily, there are ways to move safely. Where possible, leave the driving to someone else. Professional and experienced truck drivers can handle large moves and large trucks with ease, potentially saving you from a Palmetto Bay car accident. Professional movers can also pack your possessions carefully and are generally fully insured, so that if any injuries or any damage occurs during the move, the costs are covered. Many people feel that the costs of professional movers are very high, but the costs of a Palmetto Bay truck accident can also be very high. Before making a final decision, at least consider speaking with a tax preparer – if you are moving due to your job, the costs of the move may be partly tax-deductible, making movers more affordable.

If professional movers are not in your budget, there are still other options which allow you to have someone drive a moving truck for you. For example, you can rent a truck and hire a driver who can drive the truck for you. If you decide to do this, make sure that you speak with the truck rental company about insurance options. Another option is do-it-yourself services. These moving services will deliver a large container to your current home and you can pack the container with your possessions. Once you are packed, the company will transport the container to your new home, where you can unpack it. These services cost less than professional movers but do not require you to drive your own moving truck.

If you do decide to drive your own moving truck, at least take several precautions to ensure that your trip is safe. For example, book a truck that is large enough for all your possessions. Overloading a truck can cause brake failure and tire failure, so err on the side of caution. Next, make sure that you take the rental truck to a trusted mechanic before you load in anything. If there are any maintenance or safety issues, your mechanic can let you know so that you can contact the rental company to get a safer truck. Be careful to load the truck evenly and to secure your possessions in place to prevent them from shifting. Correctly loading the truck is important in preventing Palmetto Bay rollover accidents. Where possible, drive with a friend so that you can take turns driving and so that you can get help with blind spots and parking, if needed.

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Food Trucks and Truck Accidents Across Florida

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

In 2011, food trucks were a major issue in many Florida cities. Some Florida cities including Miami, argued that food trucks were a danger, because they could cause Miami car accidents due to increased traffic congestion, or could cause other types of Miami traffic accidents because food trucks attract both pedestrian and car traffic to small areas. Those who opposed food trucks argued that they posed unfair competition for restaurants and also were unregulated, making them potentially dangerous.

However, there was no denying that food trucks were immensely popular in Florida in 2011, and they had their fair share of supporters. Many argued that even in Miami, where food truck rules were tightened over the summer, food trucks had not been found to cause any Miami truck accidents or traffic accidents. Many also argued that the food trucks provided a safe and affordable option for diners.

Diners certainly flocked to food trucks in 2012. Many cited the low costs and good quality of the food as the reason. With lower overhead, food trucks were often able to provide lower prices than traditional bricks-and-mortar businesses. They are also able to travel to events and other locations where diners are, often making them a more convenient option for hungry patrons.

In 2012, Florida communities will likely see the debate about food trucks continue and may also see new legislation for the food truck industry. For example, St. Petersburg, Florida is considering a few options. The community is considering allowing food trucks in vacant lots. This, according to advocates, would help revitalize vacant areas in and near downtown while providing a service that the public wants. St. Petersburg is also considering allowing food trucks only near Beach Drive and near the Pier, where demand is greatest. Another option being considered is to allow food trucks only in cooperation with private businesses (such as existing bricks-and-mortar restaurants). This option would ensure that food trucks could co-exist with local restaurants rather than competing with them.

St. Petersburg does not currently permit food trucks, although that is expected to change by the end of 2012. Many other Florida communities, however, do permit food trucks. For example, Orlando allows food trucks to work collaboratively with local businesses as long as the trucks stay ten feet or more from the road. Tampa permits food trucks in private lots and at special events only. St. Petersburg’s efforts to bring a food truck scene into the community may eventually affect other communities who wish to allow food trucks on their streets.

While so far there have not been injuries reported involving food trucks, these are commercial trucks and in the event of an accident, they will be protected by larger insurance carriers. As well, gathering evidence in these cases and determining liability could be challenging since the truck may be owned by more than one entity and may be located on a city street or a private lot owned by a third party. Since food trucks can simply drive away, locating drivers and evidence can also be challenging. In any such accident, victims would need to work closely with a qualified personal injury attorney.

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Why Distracted Driving Can Lead to More Miami Truck Accidents at This Time of Year

Published on: December 23, 2011 | By Flaxman Law Group

Numerous studies have shown that distracted driving is a major cause of concern in terms of Miami car accidents and truck accidents. In fact, by federal law, commercial drivers are not allowed to text and drive. During this time of year, however, it seems as though there are many more serious Miami truck accidents featured in the news. More holiday traffic and more pressure are one reason for this alarming trend in Miami truck accidents, but distracted driving is another major culprit. While distracted driving is a problem all year long, it can be an especial problem during the holiday rush, when it seems that far too many of us are trying to do far too much at once.

The pressure to keep retailers stocked with holiday items is considerable, and many truckers face extra pressures in terms of deliveries at this time of year. There are more trucks on the roads, more deliveries to make, and tighter deadline pressures. Truck drivers may feel more pressure to keep driving and more pressure to check in often about deadlines and deliveries. This can tempt drivers to use their mobile devices while on the road – to save time and to keep in touch. In addition, truck drivers have their own holiday plans, just like anyone else, and may be trying to balance a heavier holiday workload along with personal obligations. Again, this can tempt drivers into trying to multitask.

In addition, temporary truck drivers may need to be hired at this time of year in order to meet holiday demand. Many retailers and businesses hire temporary workers – including temporary drivers – at this time of year. While any truck carriers hiring commercial drivers are supposed to ensure that they hire only qualified drivers, any business hiring a driver for a company van may face fewer distractions. A less experienced driver may feel overconfident in their ability to text and drive, and drivers who drive vans for a company may not even realize that they should not use their mobile devices while driving.

There are also more drivers on the roads in general at this time of year, and while commercial truck drivers are prohibited from texting and driver, the drivers of passenger vehicles do not face any similar ban in Florida. Even if truck drivers do everything right at this time of year – even with the added pressures they face – passenger car drivers may be driving distracted and may cause serious collisions with trucks.

All drivers need to be more alert at this time of year. That means putting away all distractions, including mobile devices, and driving safely. The Flaxman Law Group wants to ensure that all our readers have a safe and happy holiday, and we hope that none of our readers are affected by a Miami traffic accident.

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Avoid a Parking Lot Miami Truck Accident This Holiday Season

Published on: December 15, 2011 | By Flaxman Law Group

If you have been holiday shopping this year, you have likely noticed that parking lots are extremely busy at this time of year. Unfortunately, parking lots can also be the site of many holiday Miami traffic accidents. Parking lots require pedestrians, trucks, and cars to share the same space and as more trucks, pedestrians and cars converge on parking lots at this time of year, accidents are more likely. You can reduce your risk of Miami pedestrian accidents, truck accidents, and traffic accidents in parking lots this year by following these safety tips:

1) Be aware where trucks park in your mall parking lot. They may park in a separate area behind stores in order to make deliveries. If this is the case, try to park away from the route that trucks would need to take to get to their delivery area. This will keep you safer as you drive to and from your space and walk to and from your car.

2) Give yourself plenty of time to do your shopping and errands. The less time you have, the more frantic you will be and the more rushed, which makes you more likely to make mistakes that could lead to a Miami car accident.

3) Don’t cut corners when driving through a parking lot. Treat parking lots just like roadways, with lanes of traffic. Do not drive across parking spaces, even if they are empty, to get to a far corner of the lot more quickly. You are sharing the parking lot with other vehicles as well as with children and pedestrians. Stick to those lanes where pedestrians and cars expect vehicles to be.

4) Don’t drive distracted. Although you are driving slowly through a parking lot, you need to be even more alert since other vehicles may pull out in front of you or pedestrians may emerge from in between parked cars. When driving through a shopping mall parking lot. Do not check your messages, text, make phone calls, or change your music. Keep your full attention on the road.

5) Be especially careful at entrances and exits. These are the areas where bottlenecks and accidents are more likely to occur, especially as shoppers and delivery trucks are anxious to get in and out of the parking area. Proceed slowly, make eye contact with other drivers, and yield right of way. When a truck is trying to enter to leave the parking lot, provide plenty of room and make sure that you are not following behind the truck too closely – if you cannot see the truck driver in the mirrors, he or she cannot see you.

6) Stay calm. Holiday stress can easily translate to road rage in a shopping parking lot, especially if someone cuts you off or takes a parking space you were trying to drive into. Do your best to stay calm and avoid engaging with stressed out drivers who may be suffering from road rage.

7) Be cautious when walking to and from your car. Make sure that drivers can see you, stick to pedestrian areas, and avoid emerging from in between parked cars. This is especially important if you are shopping at night or in darker conditions, where visibility is poor. In busy parking lots, Miami pedestrian accidents are a real concern.

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Why Miami Truck Accidents Are an Especial Concern During the Holidays

Published on: December 13, 2011 | By Flaxman Law Group

At any time of the year, Miami truck accidents can be devastating. Many Miami brain injury victims, spinal cord injury victims, and other seriously injured victims receive their injuries from Miami traffic accidents. Due to the size and force of commercial trucks, accidents involving these types of vehicles can be especially deadly. A large commercial truck can completely flatten and destroy a passenger vehicle, causing extensive and even fatal injuries to any passengers stuck inside the car. Unfortunately, some experts believe that truck accidents are more common at this time of year for a number of reasons:

1) More trucks are on the road. Holidays are a busy time of year for retailers, and many retailers get more deliveries at this time of year. There are also more deliveries being made to residences at this time of year as companies offer delivery services and as presents are delivered by mail to customers. With more trucks on the road, there is also a correspondingly bigger risk of Miami truck accidents.

2) More temporary drivers are driving trucks. To cope with increased demand, some companies and carriers hire seasonal workers to meet deadlines. Some of these drivers may have less experience with specific routes than drivers who have been doing the same job for months or years.

3) More traffic is present on streets overall. During the holiday season, many more people are out and about to run holiday errands, finish their shopping, and take part in holiday events. In addition to more cars on the road, there are also more trucks on the road as businesses try to capture the profits possible during this time of year.

4) Busy parking lots are a fact of life during the holidays. Parking lots are a major hazard during the holidays, as trucks are trying to make deliveries and as more shopper pour into the malls to take advantage of holiday deals. This can lead to frayed emotions and even road rage, increasing the risk of a parking lot Miami traffic accident.

5) More rushing. As people feel the stress and pressure of the holiday season, they often feel they have to rush into order to accomplish all their tasks. Unfortunately, this can lead to distracted driving as individuals try to multitask. It can also lead to fatigued driving if drivers cannot sleep well due to holiday stress. The holiday rush can also lead to road rage and speeding, which can also contribute to holiday Miami car accidents.

6) More drinking. Unfortunately, some people still choose to get behind the wheel after attending a party where there has been drinking. Each holiday season, police work to crack down on Miami drunk driving accidents, but these accidents still do occur as some people make poor choices.

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Are Mexican Trucks a Miami Truck Accident Risk?

Published on: November 25, 2011 | By Flaxman Law Group

The Teamsters union has been involved in a legal battle to stop a U.S. Department of Transportation pilot program which would see trucks and truck drivers from Mexico on US roads. The Teamsters allege that the trucks are unsafe and would pose a threat on the roads. They also allege that the pilot program is illegal. The lawsuit has created quite a bit of media coverage and has many in Florida asking whether Mexican trucks would increase the risk of Miami truck accidents as well as traffic accidents across the state.

One reason that the pilot program is so controversial is because Mexican drivers, under the program, would not be mandated to meet the same physical requirements as US drivers and would not need to show proof that they adhere to safety standards. They would also not need to meet the standards established by the National Environment Policy Act. Many are concerned about this, since US drivers and trucks must meet a long list of requirements in order to drive on the roads. The Teamsters, as well as some truck drivers and carriers, are concerned that Mexican truck carriers do not need to meet these same strict guidelines when driving on US and Florida streets.

Also at issue is the safety standards of trucks allowed to drive in US roads. Some of the truck carriers from Mexico approved by the pilot program, for example, have had safety issues. The pilot program at first approved Grupo Behr, a truck carrier from Tijuana. However, the pilot program eventually withdrew that approval after it was found that the carrier had one semi-tractor trailer that was 20 years old and had safety problems. The pilot program eventually approved Transportes Olympic, another truck carrier. However, the Teamsters and other groups have expressed concerns about the safety problems possible with this carrier, as well.

According to the Federal Motor Carrier Safety Administration (FMCSA), US taxes will pay for electronic On-Board Recorders with GPS for all Mexican trucks. While this may make it easier to keep track of any trucks from Mexico involved in accidents on the US border, some groups are upset, since US truck carriers must pay for these devices out of pocket. US taxes will also pay for muffler replacements on some older Mexican trucks, to ensure the safety of US air quality.

Despite the concerns, the first trucks from Mexico were allowed to enter the US on October 2011. Canadian trucks have been allowed on US roads for some time. So far, it is not known how any Miami car accidents involving Mexican trucks might be handled. Such cases may necessarily be more complicated, since victims would need to pursue carriers and drivers across the border. Since Miami is a major port and business center in the US, it does see quite a bit of truck traffic. So far, it is not known how the approval of Mexican trucks in the US would impact Miami traffic accident rates, if at all.

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Is the Obesity Epidemic Contributing to Miami Truck Accidents?

Published on: November 22, 2011 | By Flaxman Law Group

When many people think of the causes of Miami truck accidents, speed, distracted driving, fatigued driving, and substance abuse may be the top causes that come to mind. However, according to a recent article in The New York Times, obesity and health issues may be a risk factor that we all need to take seriously to reduce the number of truck accidents on US roads.

According to a 2007 article in The Journal of the American Dietetic Association, there were 3.2 million truck drivers in the US that year, and roughly 86% of those drivers were either overweight or obese. When the Healthy Trucking Association of America held a blood pressure screening a few years ago, 21 of 2000 drivers tested were sent directly to the emergency room from the screening with chronically high blood pressure levels. Many more showed high blood pressure levels, and one driver had a heart attack after being screened.

According to industry experts and insurance carriers, there are many reasons why truck drivers may be especially susceptible to obesity and the health risks that come with it. For example, Miami truck drivers drive very long hours, and get very little exercise while actually driving. After long shifts, few truck drivers have the energy or motivation to work out, and finding places to work out while on the road can be challenging. In addition, drivers often eat on the road, and truck stops as well as other dining experiences on the road do not always offer the same healthy options available to those who have the benefit of eating at home most of the time.

Despite these challenges, insurance companies, trucking companies, and drivers want to see changes. According to the Bureau of Labor Statistics, truck drivers are among the most at-risk workers for on-the-job injuries and there is mounting evidence that some of those injuries may be due to the health conditions of truck drivers. According to the Federal Motor Carrier Safety Administration, approximately 87% of truck accidents in 2007 stemmed at least in part in from driver error and in 12% of cases these errors were related to health, as they were caused by heart attacks, diabetic shock, and other health problems.

There is no doubt that obesity and excess weight can pose a danger on our roads. Obesity can cause diabetes, heart attacks, sleep apnea, and a host of other medical conditions which can be extremely dangerous on the road. When a truck driver has a heart attack or other medical emergency on the road, a Miami car accident or truck accident is virtually inevitable. When truck drivers are so unfit and in such poor condition that they are ill, they may be making mistakes that lead to Miami traffic accidents.

By law, the United States Department of Transportation mandates that all commercial truck drivers need to take a bi-yearly medical exam. This exam tests for high blood pressure, respiratory problems, cardiac conditions, sleep disorders, and other medical problems which can affect a driver’s ability to drive safely. However, the tests do not address the real issue of driver health. The tests may determine when a driver is no longer safe on the road, but do not address the conditions that lead to truck driver obesity in the first place.

Some truck drivers, insurance companies, and truck carriers are fighting back. There is a growing movement of drivers looking to make health changes and companies assisting, by providing health seminars, access to nutritionists, and other resources. However, the biggest changes will likely occur when there is a financial incentive to get fit. When truck drivers can enjoy additional benefits or bonuses for staying healthy or are given more tools to stay fit, more changes can be expected.

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Why Fatigued Driving Leads to Miami Truck Accidents

Published on: November 15, 2011 | By Flaxman Law Group

The National Sleep Foundation, the NHTSA, police authorities, the AAA Foundation for Traffic Safety, and most other experts agree that driving drowsy is as dangerous as driving drunk. Many Miami car accidents and truck accidents take place because tired drivers get behind the wheel. Commercial truck drivers are especially at risk of accidents cause by tired driving. Since commercial truck drivers work odd hours, must drive long distances, and must meet strict deadlines, they are more likely than many other drivers to drive tired. There are many reasons why driving tired can lead to more Miami car and truck accidents:

1) Drowsiness causes awareness to decrease. A commercial truck driver who is very tired needs to focus on trying to stay awake, and tiredness can mean that the driver notices less of what is going on around them. This lack of awareness can easily lead to a Miami pedestrian accident or other accident.

2) Drowsiness slows reaction times. Studies have shown that reaction times are impaired similarly by fatigue as by drinking alcohol. Slower reaction times can mean that drivers do not have adequate time to take collision evasion action or drive defensively to prevent an accident. In a commercial truck, this can be especially deadly since trucks respond more slowly than passenger vehicles.

3) Drowsiness impairs judgment. Research suggests that judgment is as impaired by fatigue as it is by alcohol. Tired drivers may misjudge distances or make poor choices about speed and traffic signs, which can lead to accidents.

4) Tiredness may lead to vision impairment. In cases where someone does not get adequate sleep over a longer period of time, vision problems may occur. Eyes can get fatigued and dry, leading to blurry vision. In cases of pronounced sleep deprivation, a person may see flashes of light or experience other vision problems.

5) Fatigue can lead to delays in processing information. When the mind does not get adequate rest, it does not process data as quickly. This can make drivers slow to respond to traffic signs and other important traffic information.

6) Drowsiness can lead to “micro sleeps.” One of the most dangerous things about fatigue is that eventually the body needs to get sleep so badly that it effectively shuts down. Usually, this occurs with tiny micro sleeps of only a few seconds. In many cases, people are not even aware that they have fallen asleep for a few seconds. A truck driver, however, can travel the length of a few football fields in a micro sleep. This is truly frightening, and of course can easily lead to Miami traffic accidents. Eventually, the body needs sleep so badly that it shuts down completely, leading the driver to fall asleep at the wheel and lose complete control of the vehicle. In this situation, multi vehicle accidents or rollovers can easily occur.

7) Fatigue leads to mood swings and emotional upset. If you have ever woken up upset and grumpy because you did not get enough sleep, you already know that lack of sleep can lead to emotional upset. Someone who does not get adequate sleep may be angry, upset, and more likely to experience road rage.

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A Look at the Causes of Hollywood Truck Accidents

Published on: November 10, 2011 | By Flaxman Law Group

Hollywood rollover accidents are among the most Hollywood truck accidents. During rollover accidents, passengers are more likely to be ejected from the vehicle, flammable liquids are more likely to explode, and items in the truck cab are more likely to become projectiles, severely injuring those inside. According to the National Highway Traffic Safety Administration (NHTSA), there are many causes of rollover truck accidents:

1) Types of vehicles. Large commercial trucks are more likely to be involved in rollover accidents than passenger vehicles due to the excess pressure on the tires of the truck as well as due to the higher center of gravity of these vehicles. In addition, tankers are more likely to be involved in rollovers than many other types of trucks, simply because the load in these vehicles is more unstable and more likely to move, causing the center of gravity in the truck to shift.

2) Speed. Studies have suggested that up to 40% of fatal rollovers occurred while the vehicle was speeding. In addition, about 75% of such accidents took place in higher-speed areas of at least 55 mph. High speeds, especially with a heavily loaded commercial truck, make it harder for drivers to control their vehicle and make it easier for trucks to roll over or go into a slide that can lead to a rollover.

3) Almost one in two fatal rollover accidents involve alcohol, according to some studies. Even in cases where a driver is not above the blood alcohol limit, impairment can still be an issue. A truck driver who has had some alcohol but is still below the legal alcohol limit may still face impaired judgment, sleepiness, and other symptoms that can lead to a serious Hollywood traffic accident.

4) Location. According to studies, almost 75% of fatal rollover accidents occur on higher-speed rural roads. Part of the reason may be because such roads often have no barriers and are not divided. Unfortunately, commercial drivers in Hollywood often drive on rural roads outside the city, increasing their risk of an accident.

5) Driver error. According to the NHTSA, the vast majority of fatal rollover accidents are single-vehicle accidents that occur during routine events (such as turning). As a result, many experts believe that most of these accidents are caused by driver mistakes and behaviors, such as distracted driving.

6) Tire issues and load issues. Commercial trucks that are heavily loaded may weigh 80,000 pounds or more. This places enormous pressure on the tires, and can easily lead to tire blowouts as well as other tire malfunctions. When tires do not function correctly, the commercial truck driver cannot properly control the vehicle and is more likely to be involved in a serious traffic accident. In addition, when loads are not correctly secured or exceed the weight limit of the truck, the truck can more easily roll over, especially if the load is not distributed evenly, shifting the balance of the vehicle.

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Miami Tanker Trucks Save Lives, But Can Cause Accidents

Published on: November 3, 2011 | By Flaxman Law Group

Miami firefighters and fire departments rely on tanker trucks to save lives and put out fires. While tankers do help Florida fire departments fight blazes, these trucks are also a hazard on the roads and are involved in a disproportionate number of accidents, when one considers how few tankers there are. According to experts, there are a few basic things that make these tankers so likely to contribute to Florida truck accidents:

1) Conversion problems. Many Florida fire departments purchase tankers used. In many cases, departments convert trucks which were originally meant to carry other materials, such as gas. When the tankers are converted for the use of fire departments, however, it can be difficult to determine how much the tankers can carry. The tankers may indicate how much gas they can carry, for example, but water weighs more. With no clear guidelines, it is easy to make a mistake and overload the tankers, which can lead to Miami rollover accidents and other traffic accidents. Converting a tanker can also lead to problems with chassis weight ratings. In addition, some fire departments add a tanker to a flatbed or add a hosebed on a used truck, altering the center of gravity and making the truck more prone to rollovers.

2) Driver issues. Tankers require extensive training, yet in many fire departments are considered merely support vehicles. As a result, in many cases the tanker is the most dangerous vehicle at the average fire department but is often driven by the least experienced driver. Tankers have loads that shift and tend to have higher centers of gravity. These unique conditions mean that any driver who drives a tanker should be given on the road and classroom training before being allowed to drive a tanker.

3) High speed. Fire departments need to limit the speed of tankers, because these vehicles are prone to rollovers. Trying to drive too fast in a tanker truck is likely to result in a Miami truck accident as the tanker driver is likely to lose control of the vehicle at higher speeds. The Insurance Services Office places tanker speed limits at 35 mph.

4) Seatbelt issues. Even if the tanker driver does everything right, other motorists can drive recklessly and cause a Miami car accident. It is important to ensure that everyone on a tanker wears the appropriate safety belts. If a fire department buys a tanker second-hand, the tanker should be equipped with seat belts, preferably, a modern three-point safety restraint.

5) Lack of guides. Side dump valves can ensure that tankers need to back up less often. However, since tankers have so many blind spots, it is imperative to have someone on the ground guiding the tank driver during any attempt at backing up. Failure to do so can easily result in a Miami pedestrian accident.

6) Not following rules. Under NFPA 1901, tankers are subject to many rules concerns the cab, chassis, and all elements of the tanker. It is important for fire departments to study and follow these rules to prevent needless tragedy. Under NFPA 1911, tankers are subject to regular testing. In addition to required testing, fire departments should create and stick to a regular maintenance schedule to keep all tankers safe.

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