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

Miami Road Rage Can Lead to Truck Accidents

Published on: November 1, 2011 | By Flaxman Law Group

In 2006 and 2007, Miami was named by AutoVantage as the city suffering from the worst road rage in the country. Road rage can lead to aggressive driving and can contribute to Miami car accidents and truck accidents as well. Anyone who has seen an incident of road rage on the road knows that this type of rage is more than just someone’s bad day. A trucker driving an 80,000 pound fully loaded commercial vehicle can cause a serious accident if they are making reckless decisions or poor choices due to road rage. Road rage leads to aggressive driving and contributes to Miami pedestrian accidents and car accidents.

According to experts, impatient drivers often become enraged drivers. Emotional driving can also lead to road rage, especially if a motorist is driving while stressed, angry, or upset. Lack of patience is one of the leading reasons for road rage, as impatient drivers often lose their temper due to simple traffic delays, congestion, and other unavoidable problems. Unfortunately, truck drivers need to work hard to stay patient. Many of them have tight deadlines to make and often feel frustrated if they are stuck in traffic or otherwise unable to do their jobs. Experts also suggest that driving while emotionally upset can lead to road rage. Having a bad day and then getting into the car can mean that simple traffic problems escalate into a serious situation. Most experts suggest driving only when you are calm, well rested, and prepared for the road.

Road rage can manifest itself in all kinds of ways. It can include gesturing, yelling, or swearing at another driver. It can include tailgating and other reckless driving behaviors. Gesturing, swearing, and yelling can distract other drivers and lead to a Miami bicycle accident or other traffic accidents. Reckless driving can be especially dangerous, particularly when it involves large trucks. Tailgating, cutting off trucks, and otherwise driving erratically can easily lead to a serious accident.

Road rage can be an especial problem when cars and trucks share the roadways. A passenger vehicle has little or no chance against a fully loaded commercial vehicle which weighs many times what the car weighs. Any accident between a passenger vehicle and a truck is likely to result in fatalities or permanent injury. Since preventing road rage can help prevent accidents, AutoVantage has several suggestions for preventing road rage:

1) Slow down. Driving more slowly and avoiding speeding helps ensure calm driving. Speeding tends to annoy other drivers and can lead to nasty confrontations. Slowing down overall can also help reduce the stress that often leads to road rage. That is, giving yourself plenty of time to get to your destination ensures that you are not rushing and upset if there are any delays.

2) Stay alert and careful. Although Florida has no texting bans for drivers, staying alert and driving cautiously are your best defenses against road rage. Staying alert ensures that you are not cutting off other drivers and causing dangerous situations or upset on the road. Staying alert also reduces your risk of causing a Miami traffic accident.

3) Stay courteous and think of other drivers. When sharing the road with others, consider how other drivers feel. Give them plenty of room, don’t cut people off, and signal as a courtesy so that other drivers know what to expect from you.

4) Take a deep breath and gauge your emotions. Avoid driving when you are upset, and try to calm yourself before getting behind the wheel. Driving upset ensures that any small problem on the road leads to even greater upset and potentially road rage.

Continue reading →

Miami Pedestrian Accidents Involving Large Trucks

Published on: October 18, 2011 | By Flaxman Law Group

In many cases, Miami truck accidents involve accidents between trucks and other motor vehicles. However, every year people are injured while walking too close to trucks. Miami pedestrian accidents involving trucks are far more common than many people think. Miami has high pedestrian traffic as well as high truck traffic, due to the size and vibrancy of the city. Unfortunately, Miami pedestrian accidents involving trucks usually lead to serious injuries or fatalities. A pedestrian has virtually no chance against a large 80,000 pound commercial vehicle.

Unfortunately, emergency medical personnel see Miami truck accidents involving pedestrians all the time. It is an unfortunate fact that there are many places where trucks and pedestrians share the same space, increasing the risk of an accident. For example, in many commercial parking lots – including mall parking lots – trucks deliver goods in the same areas where pedestrians are walking to their cars. As well, large trucks put out fires, deliver our mail, and pick up our garbage. These everyday larger vehicles can also pose a serious hazard for pedestrians. Fortunately, there are things that pedestrians can do to avoid becoming involved in a truck accident:

1) Teach children to stay away from trucks. One of the most tragic things about Miami pedestrian accidents involving trucks is that they often do involve small children. Small children are naturally drawn to trucks, and may not realize the dangers. Children are also so small that truck drivers simply cannot see them, especially if a child wanders into the blind spot of a truck. Parents need to be especially vigilant when a child is playing outdoors or is walking in parking lots where trucks may be sharing the area with pedestrians.

2) Don’t walk where truck drivers are not expecting pedestrian traffic. Staying on designated pedestrian areas ensures that drivers are more likely to see you. Popping out between cars, walking in the path of a truck, and sharing the space where a truck is driving are poor choices that can lead to an accident.

3) Stay visible. If you like walking at night or in poor weather, make sure that you are wearing highly visible clothing, so that all motorists can see you.

4) Assume that truck drivers cannot see you. Truck drivers may not be looking for pedestrians in all areas, and the blind spots on commercial trucks, especially, can be significant. It is always safest to assume that truck drivers cannot see you until you make eye contact with the truck driver. If you cannot see the truck driver, he or she cannot see you.

5) Keep in mind that trucks make frequent stops and starts. Trucks that are delivering goods or picking up garbage may make frequent stops and may back up suddenly. Approach such vehicles with caution and give them a wide berth.

6) Be cautious of trucks turning. Trucks with wide loads can easily crush a pedestrian who is caught in the way. Truck drivers also usually cannot see a pedestrian walking up alongside a truck in this situation, so give the truck lots of space and wait until it drives off before continuing your walk.

Continue reading →

Do you Exercise Outdoors in Miami? Here is How to Stay Safe

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

Miami is filled with green spaces, trails, beaches, and many other outdoor areas that are perfect for recreation. There many joggers and bicyclists in Miami who choose to exercise outdoors. If you are one of them, keep in mind that you need to stay safe. While Miami has lots of pedestrians, it also has a higher than normal level of truck traffic. Since Miami is a port city and a major commercial area, thousands of trucks pour into the city every day. This increases the risk of Miami pedestrian accidents and serious accidents for those who choose to exercise outdoors. In order to stay safe, make sure that you:

1) Avoid exercising or jogging alone. Whether you are taking a bicycle ride or jogging, consider taking friends with you. Friends not only make exercising more fun, but they can also ensure that you are less of a target. If you are in a Miami truck accident or pedestrian accident while jogging or bicycling, your friends can also help you call for emergency medical personnel. If you cannot find friends to work out with, at least have a planned route, a cell phone, and let someone know where and when you will be exercising.

2) Choose your exercise routes carefully. Avoid exercising outside at the same time and location every day. As well, select safe, well lit areas for jogging and bicycling.

3) Make sure that truck drivers and motorists can see you easily. If you are jogging, wear reflective clothing. If you are on a bicycle, make sure that your bicycle has reflective tape and working lights. The more visible you are to drivers, the less likely you are to be in a Miami pedestrian accident. Visibility does not guarantee that you won’t be in an accident, but it does reduce your risk.

4) Carry a cell phone with you. Make sure that your cell phone is turned off, as distracted jogging or bicycling makes you more prone to a Miami bicycle accident or pedestrian accident. However, if you are in an accident, a cell phone can help you call for help quickly.

5) Carry your personal identification, including emergency contact numbers and any allergies you have or medications you are taking, with you when you are exercising. If you are severely injured, this information can help paramedics save your life.

6) Consider jogging or bicycling in areas that do not have truck or car traffic. Miami has a number of parks and beaches where vehicles are not allowed. These can be safer areas for walking, jogging, and bicycling, especially if you stay on them during daylight hours.

7) Avoid bicycling or walking distracted. Avoid listening to music, texting, or otherwise distracting yourself while you work out. Staying alert allows you to notice what is going on around you, and allows you to notice traffic as well as any warning signs that can help you prevent an accident.

Continue reading →

Could Towing Irregularities Cause Broward County Trucking Accidents?

Published on: October 4, 2011 | By Flaxman Law Group

A number of complaints have been filed in South Florida pertaining to tow truck operators. In some cases, drivers have complained that tow truck operators have towed their vehicles to far-off lots, have towed their vehicles from legal parking spots, or have charged exorbitant fees. The Broward County consumer affairs department has seen 102 such complaints filed against towing companies since 2009.

Local police in Broward County enforce Florida laws which govern where tow zone signs can be placed and where tow trucks can place cars for storage. Broward County also has specific rules which require towing companies to file a business tax receipt locally. Unlike other counties in Florida, Broward County does not require badges or background checks for tow truck operators.

In Broward County, there are non-consent towing fees. This means that if a driver is parked illegally in a place where they can be towed, Broward County permits tow truck operators to tow that car and charge a flat $100 towing fee. However, some motorists in Broward County have complained about tow truck operators charging additional fees or higher fees. Broward County has reclaimed towing fees in 35 cases where consumers complained about excess fees. Refunds ranged from less than a dollar to $350 in extra fees in each case.

Additional towing charges and being towed from a spot that is not clearly marked as a towing zone is frustrating for motorists. However, it can also be potentially dangerous. Tow trucks who ignore County regulations and tow cars to distant locations for storage in order to collect extra fees spend more time on the road and can increase the risk of truck accidents.

As well, unnecessary towing could potentially be a risk for increased Broward County truck accidents. When tow truck operators tow a vehicle, they can slow down traffic. The process of towing can also create a risk of an accident. While in some cases towing is necessary, in cases where it is not necessary it could be contributing to road congestion and the risk of accidents.

Tow truck operators perform an invaluable service in Broward County. They help motorists whose cars have broken down and they keep tow-away zones clear for emergency vehicles and other important traffic. However, it is important that tow truck operators obey all County laws to ensure that no unnecessary risks are taken. Every step taken to prevent Miami car accidents — and accidents across Florida — is a step worth taking.

Continue reading →

Load Issues and Miami Truck Accidents

Published on: September 29, 2011 | By Flaxman Law Group

Miami truck accidents regularly close down highways and roadways and send victims to the hospital. A number of these accidents are caused by preventable load issues. The average commercial tractor trailer is more than 40 feet long, 13 feet tall, and is loaded with freight that can weight up to 80 000 pounds. Accidents occur every day in Miami, Fort Lauderdale, Coral Gables, and other Florida cities when incorrectly secured loads cause rollovers or when materials fly out of trucks and into oncoming traffic.

Commercial trucks are designed to carry large cargo, but that does not mean that cargo problems don’t occur. In fact, city authorities see many hazards and many Miami car accidents and truck accidents caused by load issues. Common issues can include:

1) Heavy weights that lead to loss of control of the truck. When a truck carries more weight than it was designed to carry, the extra pressure means more momentum, which can make it harder for the truck to stop, especially on hills and inclines. Heavy truck weight can make it very challenging for truck drivers to stop in time to avert an accident. Heavy cargo weights can also make it easier for the driver to lose control of the vehicle.

2) Incorrectly secured loads can make it harder for the driver to steer and control the vehicle.

3) Excessively heavy cargo can place so much stress on the brake system that the brakes fail. The extra momentum on a very heavy truck going downhill is especially dangerous for brakes.

4) Excessively heavy loads place so much extra pressure and weight on tires that tire blowouts can happen more easily, leading to accidents. Tires are designed to carry a specific limit of weight and exceeding this weight leads to an accident in many cases.

5) Very heavy cargo can make it hard for truck drivers to get uphill. The truck may roll back when the driver tries to brake or may move very slowly forward. This can make rear-end collisions far more likely, especially on curvy roads.

6) Incorrectly secured cargo can move and shift during the drive, distracting the driver and leading to an accident.

7) A poorly balanced cargo load can affect the center of gravity for the truck, causing a rollover or steering failure.

8) A cargo that has not been secured properly can roll and shift suddenly, increasing the risk of a rollover.

There are laws about the weight commercial trucks can carry and there are regulations about tire and axle load, weight distribution, and cargo securing. Truck drivers, carriers, and truck companies are responsible for ensuring that trucks stay safe on the road. Truck weigh stations across Florida and across the US make sure that truck drivers follow the laws. However, some companies and drivers are not as careful as they should be about securing loads and ensuring safe load weights. A casual attitude about load issues can easily lead to accidents.

Continue reading →

Florida Side Impact Truck Accidents

Published on: September 19, 2011 | By Flaxman Law Group

T-bone accidents cause 9,000 deaths annually in the US. In fact, only head-on crashes are more deadly. The only thing more deadly than a Florida side impact car accident is a Florida truck accident in which a truck t-bones a passenger vehicle. A Florida T-bone truck accident almost always leads to fatalities or very serious injuries for the passengers of the car. The sheer size and force of the truck usually not only crushes the side of the vehicle into the passengers, but the impact of the collision will generally push the car some way before the two cars come to a stop. The sheer impact can cause a fire, serious injuries, and complete destruction of the vehicle.

Since passenger vehicles have less padding on the sides than large trucks, any passengers in the vehicle affected by a T-bone crash with a truck are likely to be severely injured. Even with side impact airbags, which are not standard in all passenger vehicles, the impact of the crash is enough to cause fatal injuries or very serious injuries. In these types of accidents, the driver of the truck is unlikely to be injured, as he or she is seated above the point of impact and protected by a cab.

The frustrating thing about side impact truck accidents for victims is that very often they are extremely preventable accidents. A side impact truck accident in Florida is likely caused by a driver who does not stop for a red light or stop sign or fails to yield right-of-way. This can occur because a driver falls asleep at the wheel, is distracted, or is simply driving aggressively and runs a red light. It can be galling for victims to realize that their serious injuries or even the loss of a loved one is caused by someone who has been driving recklessly or negligently.

If you have been injured in a Florida T-bone accident, you will need a qualified Florida truck accident attorney. Truck carriers usually have teams of attorneys as well as powerful insurance companies working on their behalf. You will need a qualified Florida truck accident attorney to negotiate a fair settlement for you – one that covers the costs of your vehicle, medical bills, lost income, and other expenses. Without the help of a qualified attorney, you may end up paying some of these costs or even a substantial portion of these costs out of pocket. If you have sustained a long term or permanent injury, especially, the costs of your injury over a lifetime may be much higher than you think. Working with a qualified Florida personal injury attorney or truck accident attorney is your best chance of ensuring that you are adequately compensated for someone else’s negligence and recklessness. As well, with a fair settlement you may be able to afford high-quality medical care which can help you to heal more fully from your injuries.

Continue reading →

Truck Rollover Accidents in Florida

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

Excessive cornering speed, tripping, collisions, and critical slopes can all contribute to rollover accidents. SUV rollovers and van rollovers are very common, but big rigs and tractor trailers are also at substantial risk for rollover accidents. Large commercial trucks are especially vulnerable to rollover accidents for number reasons:

1) Truck drivers cover many miles of road in their trucks. Since truck drivers are on the road more often, they’re naturally a more at risk for Florida car accidents and truck accidents than drivers who drive less frequently. The sheer amount of time spent on the road increases the likelihood that a rollover or other type of Florida truck accident will happen.

2) Trucks are top-heavy. Commercial trucks are designed to carry enormous amounts of cargo, and are often very tall in order to accommodate cargo. Even with a wide wheel track and large wheels, this tends to make trucks very top-heavy and therefore more likely to rollover.

3) Trucks carry heavy, sometimes-unstable loads. A fully loaded truck can weigh many tens of thousands of pounds, and this puts additional pressure and weight at the top of the vehicle, which makes trucks even more top-heavy. As well, cargo may be incorrectly secured, making it shift and making a rollover more likely. In situations where a load is incorrectly secured, there may be multiple liable parties in the event of a truck accident. In some cases, such as when transporting live animals, securing a load so that it does not shift is almost impossible, and increases the risk of a rollover.

4) Truck drivers are under pressure to make deadlines. Truck drivers often need to make certain runs within a certain time limit in order to get their cargo to a destination on time. The additional pressure can encourage drivers to speed, and speeding is a leading cause of rollovers.

5) Tire problems. Trucks, due to their size and weight, place a great deal of pressure on their tires, and this causes to wear down and malfunction more frequently, especially if tires are not maintained correctly or if a truck is carrying too much weight. When Florida tire blowouts or tire problems take place, it is possible for rollovers to occur.

Truck rollover accidents are usually deadly. A truck that has rolled over can obstruct traffic and even cause secondary Florida car accidents. A truck that has rolled over can also easily ignite, especially if the truck is carrying flammable materials. If a truck rolls over into oncoming traffic or into other lanes, other cars are likely to be crushed or severely damaged due to the sheer size of the vehicle. Even though truck drivers are shielded in the cab of the truck, the force and impact of a rollover can lead to serious injuries for a truck driver. Spinal cord injuries and brain injuries are just two of the serious injuries which can occur with a truck rollover accident.

Continue reading →

What Can be Done About Driver Fatigue Causing Florida Truck Accidents?

Published on: September 1, 2011 | By Flaxman Law Group

There is no question that truck driver fatigue leads to Florida truck accidents and car accidents. Numerous studies have shown that fatigued driving can be just as dangerous as Florida drunk driving accidents. Tired drivers have slower response times and can actually drift off at the wheel, sometimes for only seconds at a time, momentarily losing control of their vehicle. Drowsy driving causes many Florida car accidents a year, as well as pedestrian accidents and truck accidents. Fatigued truck drivers in a special concern, since the size of their truck can mean that any impact with that truck can cause fatal or serious injuries.

Since driver fatigue among commercial truck drivers in such a serious problem, federal agencies have instituted rules to ensure that truck drivers get adequate rest before heading on the road. The federal government has imposed hours of service regulations, which restricts how much time drivers can spend behind the wheel before they have to take rest. The same policy also restricts total time on the road, and requires commercial truck drivers to keep records of the hours spent driving and resting. However, some experts claim that more needs to be done to ensure that drivers do not drive fatigued.

The Federal Motor Carrier Safety Administration has suggested new rules, which would cut the driving time for interstate truck drivers to 10 hours in every 14-hour shift. Currently, drivers are permitted to drive 11 hours in every shift. Under the proposed changes, drivers would also need to take more time off between seven-day drives and would need to take one-hour rests on longer shifts. The rule will be deliberated until October 28, when a final decision about the suggested changes will be made.

The Federal Motor Carrier Safety Administration has already passed new rules as of 2010 to combat fatigued driving. In 2010, the agency passed a policy which will require interstate truck drivers to install electronic devices if they violate hours of service rules repeatedly. The electronic devices will gauge rest periods and driving times more accurately than paper log books, which can be falsified easily. This rule has been approved and will be in effect by 2012. The agency is also contemplating a policy change which would make it mandatory for all interstate truck drivers to have recorders onboard, permanently replacing paper log books for all truck drivers.

While some advocates claim the new rules will reduce the number of fatigued drivers on the road, some experts claim that the rules will increase the costs of trucking without having a sizeable impact on safety. Some experts in the trucking industry, for example, point to statistics which show that the number of fatal truck collisions across the country has dropped since 2004. Between 2008 and 2009 alone, fatal commercial truck accidents involving large rigs dropped 20%. Federal records also show that driver fatigue is the cause of as few as 2% of fatal truck accidents.

However, the Federal Motor Carrier Safety Administration maintains that while the drop in fatal collisions is a step in the right direction, the number of such crashes is still too high. As well, many experts say that drivers face tight deadlines and economic pressures to drive tired, especially now that truck companies are reducing the number of drivers amid cost concerns. Experts also note that statistics about driver fatigue can be misleading, since authorities often only cite drive fatigue as a cause of a truck crash in cases where fatigue is obvious or in cases where a driver admits to fatigue. According to some experts, driver fatigue is an underestimated cause of many traffic accidents.

Continue reading →

Could a New I-595 Truck Stop Help Prevent Florida Truck Accidents?

Published on: August 30, 2011 | By Flaxman Law Group

According to some experts, the number of Florida truck accidents and car accidents may be caused in part by severe parking space shortages for commercial truck drivers. Statistics show that some roadways, including Florida’s popular Interstate 95, see 1000 trucks or more daily. In many cases, truck drivers need to rest while driving on Florida streets. In places where there are no truck stops or areas for resting, the drivers need to pull over onto an exit ramp or highway shoulder in order to rest. However, experts agree that every time drivers do this, they put other motorists at risk for sideswipe car accidents and other Florida car accidents.

According to representatives with the Florida Department of Transportation, large commercial trucks and tractor trailers can be seen parking all over Florida, including under bridges, in parking lots, in ride lots, along the road, and in other places. That may be about to change — and those changes could reduce the number of Florida car accidents and truck accidents caused by lack of parking spots.

Florida has been awarded $1 million by the Federal Highway Administration to add 90 truck parking spaces near Interstate 595, at a brand-new truck stop. According to the Florida Trucking Association, this is a great move that will give motorists and truck drivers alike a safer place to park than on road shoulders.

According to experts, the new truck stops will also address a basic problem. In 2003, the federal government began to require hours of service restrictions and rest periods for truck drivers. However, in many places there was not adequate space for truck drivers to stop and rest — and the new federal laws did not necessarily create places or designate area where drivers could park safely and rest. This meant that more drivers were parking along roadways and in other areas, which ironically can actually increase the risk of Florida truck accidents and car accidents.

As transportation budgets have been slashed over recent years, many states have also closed existing truck stops, further restricting where truck drivers can stop and rest. According to the Federal Motor Carrier Safety Administration, 7% of truck accidents involve driver fatigue. Statistics such as these suggest that more needs to be done to ensure that truck drivers have safe places to rest. U.S. Rep. Paul Tonko, D-N.Y has already proposed earmarking $20 million each year to add truck parking across the country and to open more rest stops. The bill introduced by Rep. Tonko is named Jason’s Law, named after a truck driver who was killed while parked in an abandoned gas station.

Continue reading →

Florida Moving Truck Accidents and Moving Safety

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

Moving companies are busy at this time of year because many families and students move before the start of the school year. Unfortunately, moving also brings risks with it. Each year, Florida truck accidents involving moving trucks cause serious injuries. As well, moving can cause back problems and minor injuries.

If you are moving and you decide to move yourself, carefully consider the truck you will be hiring. Some investigative news reports have found that some rental moving trucks have poor maintenance and safety records. In some cases, customers have complained about poor truck performance. If you do rent a moving truck, try it out first and take the truck to a mechanic you trust to ensure that the truck is road-worthy.

Make sure that you rent the right size of truck and that you pack and load your truck correctly. Overloading a truck can place additional stress on the tires and can lead to tire blowouts. It is a good idea to estimate the weight of your possessions and then to get a truck slightly larger than you need. However, do keep in mind that the larger the truck, the more unlike it will be from a passenger vehicle. Commercial truck drivers have extensive training to drive larger vehicles. Without this type of training, you may feel uncomfortable and be unsafe in a larger truck.

Incorrectly loaded and packed trucks can also be a danger, as they can cause the load to shift while you drive, which can cause you to lose control of the vehicle. Incorrectly loaded moving trucks can also be subject to roll-overs. Distribute the weight evenly inside the truck and secure the load with straps (available at many home building stores and automotive stores) to ensure that the load will not shift before transport.

Give yourself plenty of time to move and move on a day when visibility is good. If you plan on moving yourself with a rented truck, be sure to give yourself plenty of time. You will need time to pack the truck carefully and gradually and you will need time to take the rental truck to a mechanic before you drive it. You may also want to drive the truck around for a short time to get comfortable with the vehicle. Give yourself extra time to get to your destination and try to travel during the daytime, when visibility is better.

Given the dangers of moving yourself, you may want to consider alternatives to moving yourself. Many people choose to move themselves because the costs are much lower than hiring professionals. However, there are alternatives. You can rent a truck yourself and hire a truck driver to drive your possessions to your new destination. There are also “do it yourself” moving companies. These companies will deliver a freight crate to your current address and you can take time filling the crate. When you are done, a professional truck driver will deliver the crate – with all your possessions – to your new address. This costs less than a professional moving service but does not require you to drive a large truck.

If you hire do decide to hire professionals, stay well out of the way. Large commercial moving trucks have many blind spots, so it is important to keep pets and children away from the truck, to avoid accidents.

Continue reading →