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

Florida Truck Accidents Caused by Tire Problems Can be More Prevalent in The Summer Months

Published on: August 11, 2011 | By Flaxman Law Group

According to the Rubber Manufacturers Association, one out of seven motorists check their tire pressure properly and regularly. That’s compared to six out of ten drivers who wash their vehicles at least once per month. While it’s great to care about the look of a vehicle, tire problems and blowouts – especially on large commercial trucks and big rigs – suggest that drivers and truck drivers need to pay more attention to tires.

According to experts, high heat can also trigger tire failure, making it especially important for truck drivers to check tires regularly. Florida hot weather can contribute to Florida tire blowouts and the truck accidents that blowouts can cause. Trucks travel at high speeds and with heavy loads; truck tires are especially designed to support these loads and the friction produced. However, all truck tires have design specifications, or ideal conditions under which they are designed to be used. Hot Florida days can cause tires to get heated above the safety standards set by tire manufacturers.

When hot weather is combined with excessive loads or under-inflated tires, the hazards can be even greater. Tires under this type of duress can already get dangerously overheated or damaged. When combined with hot asphalt, the result can be a serious Florida car accident or big rig accident.

The National Highway Traffic Safety Administration reports that between 2005 and 2009, 116 000 people across the US were injured in truck accidents caused by tire issues. And, according to experts, there is more reason to be concerned now. With many truck carriers looking to reduce costs, maintenance may get less attention. However, since trucks can be up to 20 times the size of passenger cars, it is more important than ever for truck drivers and companies to check tire pressure and tire condition on tractor-trailers regularly. Some carriers and companies have taken steps to promote tire safety. In the early summer, some truck carriers took part in National Tire Safety Week, taking part in nationwide events to raise awareness about tire safety.

Most experts agree that it is not only truck drivers and carriers who are liable when truck tires fail. The National Highway Transportation Safety Administration has established design standards and testing requirements for manufacturers of truck tires. When truck manufacturers do not meet minimal standards, accidents are an unfortunate result and in these cases manufacturers are often held liable for the accidents defective tires have caused. Some truck manufacturers have developed excellent standards for tire safety, but the number of Florida tire defect cases and recalls shows that there is still room for improvement.

If you have been in a Florida truck accident – whether caused by a tire blowout or not – it is important to consult with a Florida truck accident attorney as quickly as possible. There are statutes of limitations which can limit your timeframe and evidence that needs to be secured. Many qualified attorneys, including the legal team at the Flaxman Law Group, can even visit you in the hospital if you need to arrange a consultation quickly after your accident.

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Truck Tire Blowouts Cause Many Florida Car Accidents

Published on: August 9, 2011 | By Flaxman Law Group

When a truck tire blows out, it can cause a truck accident. However, it is also a cause of many Florida car accidents. If you are a driver on Florida’s roads, the pieces of truck tire that you see on the road are a danger to you. In most cases, a truck tire will blow out when a tire goes flat and then becomes considerably damaged. When this occurs, the tire loses all pressure. The truck driver can lose control of the truck and cause a Florida truck accident. Even if the truck is able to pull safely to the side, however, Florida truck accidents can still occur as pieces of truck fly at cars and as car drivers try to swerve out of the way.

There are many reasons for truck tire blowouts:

1) Florida truck tire defects. Tire defects are often in the news and manufacturers sometimes recall tires known to be defective. In many cases, these types of defects can lead to accidents and products liability cases brought against the manufacturers.

2) Incorrect tire maintenance. Whether tires are defective or not, incorrect maintenance can lead to blowouts and accidents. When tires are not properly inflated, they are far more likely to blow up. As well, truck tires should be checked regularly for signs of wear. Any defects or signs of wear mean that a tire should be replaced. As well, it is important to consider the age of tires. Even defect-free tires will disintegrate with time because they are made of rubber. Tires that have been sitting in a warehouse for years may not be as safe, even if they have never been used. Truck drivers and carriers should always check the date of manufacture of tires and reject older tires which may no longer be as safe.

3) Cuts. A large slash on the tire can cause air to leak quickly from the tire, leading to a blown out tire and an accident. Small punctures can also be dangerous, as they may not be noticeable but can cause air loss that causes tire pressure failure. Unfortunately, streets and roadways are often littered with sharp objects which fall of off trucks and cars, and these objects can easily lead to tire problems.

4) Road conditions. Potholes and poor road maintenance can cause added pressure on tires and can cause damage to tires.

5) Load problems. Large commercial trucks often carry large loads, but when drivers and truck companies overload vehicles, the resulting pressure can wear down tires prematurely and can even place enough pressure on tires to cause a blowout. Poorly secured loads can also shift, causing uneven weight distribution that can place pressure on tires and cause an accident.

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Florida Truck Accidents on the State’s Beaches

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

Volusia County, like many counties in Florida, uses large Beach Patrol trucks to keep beaches safe. However, this year, one of the trucks was involved in a collision with a sunbather, shining the spotlight on Florida truck accidents on beaches. There have been three Beach Patrol accidents in the county since 2010, all involving collisions between trucks and sunbathers.

Miami Beach also has trucks patrolling its beaches. However, in that county, only higher-ranking patrol officers are permitted to drive the patrol trucks on beaches. As well, there is a limit of four trucks on the beach at one time. As well, some patrol officers use ATVs (all terrain vehicles) for their patrols, instead of the larger trucks. ATVs have the advantage of offering improved visibility, especially since they are lower to the ground than standard beach patrol trucks.

Across Florida, beach driving has been studied extensively after two children were killed in 2010 by private vehicles driving on beaches. While many people enjoy driving their trucks or passenger cars on Florida beaches, the combination of sunbathers and vehicles is a poor one. Sunbathers are often not visible to drivers of cars because they are lying down. And sunbathers are often not on the lookout for drivers on a beach. Children, especially, are vulnerable to accidents because they may not know enough to move out of the way of an oncoming vehicle amid the excitement of a day at the beach.

While beach patrol drivers get training to drive on the beach – something that drivers of private vehicles do not get – the accidents involving beach patrol trucks suggest that new rules may need to be considered. Volusia County authorities are investigating the accidents and will likely examine the drivers and vehicles allowed on beach patrol.

Critics say that the beaches could be made safer if private vehicles and larger beach patrol trucks were removed from beaches entirely. If the larger trucks were used to get cars out of sand only, that might help reduce some of the Florida truck accidents involving these vehicles, some have suggested. The larger beach patrol trucks have poor visibility during right turns and U-turns, whereas smaller vehicles and ATVs would ensure better visibility and potentially smaller risks. One local newspaper has suggested placing two officers in each beach patrol vehicle, so that one officer could look for sunbathers and check blind spots as well.

While it is possible that banning private vehicles from beaches would also help prevent Florida car accidents on the state’s beaches, there is a long tradition of beach driving in Florida and many oppose any attempts to ban the practice. Beach driving is also a part of the tourism industry in many cities along the coast, which has helped create a lively debate about the future of beach driving.

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Are Drunk Passenger Car Drivers More at Risk for Florida Truck Accidents?

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

Drivers who choose to drive drunk are at risk of Florida car accidents, but also at risk of fatal truck accidents. That’s because commercial truck drivers are often on the road late at night, when many drunk driving accidents take place. When drunk drivers take reckless risks around commercial trucks, those risks are likely to be their last. Commercial trucks can weight up to 80 000 pounds fully loaded and take much longer to come to a complete stop when compared to passenger vehicles. Commercial trucks are not as flexible and cannot make the same defensive maneuvers as passenger vehicles. A drunk driver weaving around trucks may cause a collision. In this type of crash, the passenger car driver is likely to suffer serious injuries or even death, due to the size and force of the truck. According to the AAA, there are many things that drivers can do to prevent Florida drunk driving accidents involving cars or trucks:

1) Get your car serviced regularly. Whether you plan on drinking or not, keeping your car in good repair is important, as it ensures that your car will respond the way you need it to in case you need to drive defensively. Even if you make the right decisions about drinking and driving, other drivers may not. Having a car that functions well can help you stop in time or can help you get out of the way of an accident.
2) Do not drink and drive. The easiest way to avoid a Florida drunk driving accident is to simply avoid drinking driving. If you drink, find another way home. If you are going somewhere where alternative forms of transportation will be difficult to find, avoid drinking entirely.

3) Avoid distractions. Drinking and driving is not the only danger on the road. You cannot share the road safely with trucks and other vehicles if you are distracted. You may not notice changes in traffic flow in time if you are looking at a cell phone or playing with the radio. Shut off your cell phone when you drive and pull over to the side of the road if you need to make a call or need to change a CD.

4) Have a few plans for getting home safely – whether you intend to drink or not. Even if you decide to go out and not drink, you need to have a plan for getting home safely. You may end up drinking after all, or you may be too tired after a long night to drive safely. If you decide to drink, make sure that you have a plan for getting home safely. Better yet, have a few options. That way, if one option does not work, you still have other ways of getting home. That is, have a designated driver and money to take a cab or have money set aside to get a hotel room if you need it.

5) Avoid driver fatigue. If you stay out late at a restaurant and bar and do not drink, you are still a risk on the road if you are fatigued. Driving fatigued can slow down your driving as much as alcohol. As well, driving tired late at night means that you run the risk of falling asleep at the wheel. If you are too tired to drive, take a cab or get a ride from a sober friend.

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Are Truck Drivers More at Risk for Florida Drunk Driving Accidents?

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

Professional drivers, such as commercial truck drivers, face very close restrictions on their driving. Commercial truck drivers must pass more testing and get more training than the average driver. They must also adhere to more rules, including federal hours of service rules, in order to drive on the roads. Commercial truck drivers are also subject to close scrutiny and testing for alcohol and drug abuse. Truck carriers face lawsuits and legal problems if their drivers drive drunk. For this reason, drivers who drive under the influence face several penalties and loss of work. Despite all of this, some truck drivers report being involved in alcohol-related crashes, often when drunk drivers rear-end or collide with their truck. There are many reasons why truck drivers are susceptible to this kind of crash:

1) Truck drivers are on the road more often. Quite simply, most commercial truck drivers spend far more time on the road than the average driver. Longer hours simply means many more hours where an accident can take place.

2) Commercial truck drivers are more likely to be driving late at night. Many commercial truck drivers work odd hours, sometimes driving late at night or early in the morning. This is also when more inebriated drivers are more likely to be on the road, as these are the hours when bars close and when parties end.

3) Truck drivers are more likely to be driving around the holidays. Many businesses require more inventory, more deliveries, and more help around the holidays. Often, this means that truck drivers are busier around holidays, and more often on the road. Unfortunately, holidays also mean more parties and more drinking. Most authorities report an increase in the number of Florida drunk driving accidents around holiday weekends.

4) Truck drivers cannot stop as quickly as passenger vehicles. In many cases, drunk drivers in passenger cars take risks, such as weaving around other vehicles, driving without lights, and taking other risks. While commercial truck drivers are experienced and trained in avoiding collisions, commercial trucks take much longer to stop than most passenger vehicles. This means that if a drunk driver cuts off a truck, the truck may simply not be able to stop in time to avoid a collision. Drunk drivers may be uninhibited and too drunk to be aware of the risks of larger trucks. Taking risks can lead to fatal truck accidents.

Truck drivers and the truck driving industry do a great deal to prevent accidents. However, drunk driving by any driver can contribute to Florida car accidents and truck crashes. It is one more reason to emphasize the importance of driving sober.

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Hands-Free Devices and Florida Truck Accidents

Published on: July 21, 2011 | By Flaxman Law Group

Truck carriers do not permit commercial truck drivers to text and drive or use cell phones while driving. In fact, federal rules place many restrictions on commercial truck drivers in a bid to reduce serious truck accidents. However, commercial truck drivers are still generally allowed to use hands-free devices. In fact, many drivers rely on these devices as a communication device while on the road. Hands-free devices help them contact their carrier and even call for help when needed. However, a new study finds that hands-free devices may not be useful in helping to prevent Florida car accidents and truck accidents after all.

According to a new study by the Governors Highway Safety Association, there is no firm evidence to show that hands-free cell phones are safer to use when driving than hand-held devices. The study examined hundreds of research studies and reports concerning distracted driving. The researchers found evidence that cell phone use increases the risk of a collision, but could find no evidence that hands-free devices are safer. Researchers did find that 15-25 percent of all traffic accidents were caused by cell phone use.

According to researchers, part of the problem is that drivers must still dial the phone or look at the phone in order to dial a number. According to some commercial driving research, the dialing of a number is considered a high-risk activity while driving, and hands-free devices do not necessarily remove this risk.

Some experts have also hypothesized that hands-free devices do not remove the emotional distraction of mobile devices. That is, a driver engaged in a phone conversation is necessarily distracted because he or she is not thinking about just driving. However, no firm research has been done about the effects of this specific type of emotional distraction.

Currently, cell phone carriers in the US do not release data about whether people use their phones or are dialing at the time of an accident. This makes it harder for researchers to determine exact causes of accidents. As well, in some cases, more than owe distracting factor may contribute to a Florida truck accident or traffic accident, and in these cases it is hard to determine what role a mobile device played in the accident.

Even more troubling are studies by The Highway Loss Data Institute, which found that cell phone bans in four states did not reduce the number of accidents in those states. These studies call into question whether legislation alone can help reduce crashes.

Despite the many questions, the Governors Highway Safety Association recommends a ban of hands-free and hand-held phones for new drivers. According to the researchers, new drivers are at highest risk of accidents and this type of ban can help new drivers avoid added distractions during the learning period. At the same time, however, researchers admitted that they have not found any proof that cell phone bans for new drivers help prevent car accidents. About 30 states have this type of legislation, and none of these states found a drop in the number of new drivers involved in car accidents.

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Are Commercial Trucks Less Likely to be in a Florida Truck Accident?

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

Commercial trucks are subject to strict federal rules which ensure operator safety. Drivers of these trucks need special training and must observe hours of service rules as well. Does this mean that commercial trucks are actually less likely to be involved in Florida car accidents and truck accidents?

While commercial trucks, such as tractor trailers, are in fact involved in fewer accidents – they are only involved in about 2.4% of all national traffic accidents – and are less likely to be in an accident than a passenger vehicle, the impact of these fewer accidents is very high. While the number of commercial truck accidents is lower than the number of car accidents, the devastation caused by the fewer number of truck accidents is immense.

According to the National Highway Transportation Safety Administration, 11% of all traffic fatalities in 2008 were the result of large truck accidents. That year, 4,229 fatalities occurred as a result of truck accidents. Of these fatalities, 74% involved the passengers of a car. Quite simply, when a large commercial truck is in an accident with a passenger vehicle, the passengers of the smaller car are at very high risk of serious and life-threatening injuries.

Large commercial trucks are also more likely to cause multiple-car accidents, simply due to their size. The amount of time it takes a truck to stop is longer and the length of the truck is also longer than that of a passenger car. When a truck brakes during a collision, the truck will likely travel the car-length of several passenger vehicles – hitting any cars that happen to be in the way.

A number of Florida truck accidents can be avoided. Operator safety issues, such as driver rests and monitoring of driver logs, can have an important impact in terms of reducing accidents. As well, reducing incentives for speeding and fatigued driving – incentives such as pay per mile – can also help encourage truck drivers to make safety a priority.

However, in many cases, passenger car drivers also need to be addressed. Some statistics suggest that as many as three-quarters of all truck accidents involving passengers cars are the fault of the passenger car. Better driver education and more education programs for passenger drivers can help teach these drivers how to safely share the road with trucks.

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Summer Can Mean More Trucks on the Road – and a Larger Risk of Florida Truck Accidents

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

Summertime does pose a higher risk of Florida car accidents and truck accidents. There are many reasons for this:

1) Tourist season means busy businesses. Florida is a major tourist destination in the summer, and theme parks and amusement parks in the state are filled with tourists. Plenty of events and summer business, however, also means that more trucks are needed to make deliveries to businesses. Unfortunately, more trucks on the roads can also mean a higher risk of collisions.

2) Heavier car and pedestrian traffic. Florida streets really fill up during the summer. There are more pedestrians taking part in summer activities, and more drivers on the road taking part in summer road trips. More buses ferry tourists to major sites and children to summer camp. There are even more trucks on the road due to a heavier construction and road work schedule. All this extra traffic and congestion can cause tempers to fray and can easily lead to traffic accidents.

3) Hot weather can mean more truck tire blowouts. Florida tire defects are a serious problem for truck drivers, since trucks tend to be very hard on tires. In the summer heat, however, even good tires can wear down more easily and suffer blowouts as the rubber is affected by the heat.

4) Summer can be harder on drivers that need to drive long distances. The glare of the sun and the hot weather can create exhaustion and can make it easier for already tired drivers to fall asleep at the wheel. Truck drivers, who must often drive very long distances in the blinding sun and stifling heat, can be especially vulnerable.

5) More Florida drunk driving accidents. Unfortunately, there are more drunk drivers on the roads in the summer. Patios serve beer at restaurants and many summer events and parties serve alcohol. Worse, the summer heat and sun can magnify the effects of alcohol, making accidents even more likely.

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Florida Truck Accidents Involving Delivery Trucks

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

While large commercial tractor trailers get a lot of attention in discussions of Florida truck accident risks, delivery trucks are also a danger on the state’s roads. Delivery truck accidents can lead to the same serious injuries and to fatalities. As well, there are a number of factors that make delivery trucks especially dangerous:

1) There are a great many delivery trucks on the roads. In addition to major courier services, most cities have local couriers as well as a host of local companies offering delivery service. The large number of delivery trucks increase the odds that these vehicles will be in accidents.

2) Driver training varies widely. Commercial truck drivers are required by federal law to meet specific training requirements and to commit to specific job-safety standards (such as hours of service regulations). This is also true of delivery truck drivers working for large national companies. However, local companies with drivers operating smaller trucks often are not required to adhere to such regulations.

3) The pressures of the job. Delivery truck drivers – especially drivers working for couriers – are under a great deal of pressure to deliver packages under very strict deadlines. This can lead to mistakes, speeding and carelessness that can lead to serious accidents.

4) Delivery trucks often deliver items to residential areas. While commercial tractor trailers largely drive on highways, delivery trucks generally make deliveries to residential addresses – including addresses in areas where a driver may not be familiar with a specific neighborhood. This can increase the risk of Florida pedestrian accidents involving such trucks.

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Two Recent Florida Truck Accidents Show the Dangers of Driving

Published on: June 17, 2011 | By Flaxman Law Group

Two recent truck accidents in Florida have made headlines and have highlighted some of the risks on Florida roads. In one incident, well-known professional wrestler Randy “Macho Man” Savage suffered a heart problem while driving his Jeep truck. His heart was on the accelerator when he lost consciousness due to ventricular fibrillation (VF) and lost control of his vehicle. His wife, who was a passenger in the car with him, steered the car away from the traffic and into a tree. Many experts believe that her actions helped prevent a more serious Florida car accident. Sadly, Randy “Macho Man” Savage passed away as a result of VF.

In the second incident, a 29-year old man in Florida caused a 5-car accident and $44,000 in damages when he dropped his cell phone in his car and bent down to pick it up. Since his eyes were not on the road, he did not notice when the cars in front of him stopped and he plowed his truck into four cars and then crossed lines of traffic before ending in a ditch. He was charged with careless driving.

That incident highlights the dangers of distracted driving – and shows that not all distracted driving is caused by texting while driving. Any activity that takes your eyes off the road is dangerous and can lead to charges filed against you. Even taking your eyes off the road for a few seconds can mean that you don’t have time to react to a stopped car or a pedestrian and can cause you to be in a Florida car accident.

Both accidents also show how quickly Florida truck accidents can happen. A sudden medical emergency or a moment’s distraction cause thousands of Florida car accidents and truck accidents each year and each such accident can result in fatal injuries that can change families in tragic ways. While there may be no way to predict a medical emergency, there are ways to help prevent Florida truck accidents and car accidents.

For example, drivers can place possessions – including cell phones – safely in the glove compartment or the trunk. In the event of a collision, this prevents these objects from becoming airborne. Each year, victims in car accidents are seriously injured by flying objects inside a car, so the fewer items you have loose in your car the less likely you are to be injured and the less likely you are to be distracted. Turning off your mobile devices and putting them away entirely is also an important safety precaution. The temptation to just take a quick peek at your messages can be strong – and that one quick peek can result in a tragic accident.

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