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

Will Plans to Change Cargo Ship and Train Access Affect Florida Truck Accident Rates?

Published on: June 14, 2011 | By Flaxman Law Group

New plans by the government could improve the economy in Florida while also possibly helping to prevent Florida truck accidents. A new government plan will divert some cargo traffic from trucks to a Florida East Coast Railway line that runs between Hileah and the Port of Miami. The move – slated to cost millions – could remove up to 5% of truck traffic between the cities and could reduce downtown Miami traffic by 1.4%. Since heavy traffic is considered a contributing factor to both Florida car accidents and truck accidents, one can’t help but wonder whether the move will help reduce collisions.

Changes to the railway line could be finished by 2012, thanks to a $22.7 million grant from the government and a further $10.9 million from the Florida Department of Transportation. Miami-Dade County will contribute $4.8 million to the project. The rail will help to get rid of 60 000 truck trips each year between Miami and Dodge Island.

The Miami Access Tunnel project is also underway. The two tunnels now being constructed will connect the port of Miami to Watson Island. This project, too, will help remove some truck traffic and other types of traffic from Miami. According to the Florida Department of Transportation, 16 000 vehicles each day travel through Miami’s downtown to get to or from the port. This includes about 4, 480 cargo trucks, or about 28% of all traffic. Each year, this amounts to 1.16 million trucks and 4.16 million vehicles traveling in the downtown area due to the Port of Miami. Diverting some of that traffic could have an impact on traffic and therefore the risk of collisions.

Experts believe that up to 80% of passenger cars traveling from the Port of Miami and to the area can start to use the Miami Access Tunnel once that is completed. However, there are plans underway to make Miami and Florida in general a cargo capital, and there are concerns that this could mean more traffic in the area over the long term. When the Panama Canal expands in 2014, more cargo and larger ships could eventually start heading for Florida. Experts believe that by 2015 and 2016, the Port of Miami will start to see a large increase in the number of cargo ships destined for the port.

So far, no research has been published about how the changes in the Panama Canal may affect truck traffic or Florida truck accident rates across the state. The construction of the Miami Access Tunnel and the changes to divert more traffic to railways may help to offset some of the traffic, but hopefully more research will be done to determine the effects of the changes on overall traffic and traffic accident rates.

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Researcher Questions Truck Accident Data

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

Dr. Ronald R. Knipling has questioned some of the research submitted by the Federal Motor Carrier Safety Administration (FMCSA) as support of its hours of changes regulation revisions. Dr. Knipling used to work at the research division of the FMCSA and noted that the published study by researchers Pennsylvania State University was not of much use because of problems with the sample of drivers in the study. As well, Dr. Knipling noted that other factors involved in the crashes studies were not closely analyzed.

Dr. Knipling also found problems with a study by the Virginia Tech Transportation Institute. He also noted that the FMSCA’s reference to a study of Florida bus drivers in terms of hours of service regulations did not make sense, as the study might be useful in studying Florida bus accidents, but not interstate truck driving risks. Dr. Knipling has done his own research into fatigued driving and has found several risk factors that can contribute to truck accidents:

1) Fatigue associated with lack of sleep is associated with truck accidents. Fatigue related to work schedules and driving does not contribute as significantly to truck accidents, according to Dr. Knipling.
2) Fatigue associated with being awake for more than 16 hours at a time contributes to truck accidents.
3) Early morning driving contributes to car accidents. Due to increased exposure, Dr. Knipling also concluded that truck accidents are more likely during daytime driving.

The questions over research studies highlight some of the challenges of creating hours of service and other regulations to prevent trucking accidents. While the FMSCA works to prevent Florida truck accidents and accidents across the country, it can be difficult to determine which measures may be most effective in preventing such collisions.

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Help Your Teen Avoid a Florida Truck Accident

Published on: June 8, 2011 | By Flaxman Law Group

Teen drivers across the state have higher rates of Florida car accidents, and experts believe that this is the case because younger drivers simply have less experience when it comes to dealing with common road hazards and situations. For example, many teen drivers have little experience sharing the road with trucks. To ensure that your teen has the skills to avoid a collision with a truck, make sure that you:

1) Have your teen sign a no-distracted-driving and no-drinking-and-driving agreement. You can find such pledges on the Mothers Against Drunk Driving (MADD) website or you can devise your own. It’s important to really explain to your teen the dangers of drinking and driving or driving distracted, as these behaviors greatly increase the risk of a Florida truck accident.

2) Go over the rules of driving around trucks. Better yet, take your teen out in a car and teach them the basics of allowing extra room behind a truck and the basics of passing a truck safely. Do not just assume that your teen was taught about sharing the road with trucks in driver’s education. Your teen may not have absorbed that information enough to apply it easily.

3) Pay for extra training for your teen or ask your teen to get extra training before giving your new driver car privileges. Most teen driver programs cover a lot of ground and some include minimal in-car instruction. Extra defensive training or extra in-car lessons with a qualified instructor can be very helpful in giving your teen some extra skills and experience.

4) Limit the behaviors that can cause your teen driver to get into a car accident. When you allow your teen to drive, consider placing a limit on the number of passengers your teen can have in the car while driving. As well, if you live in a small community, consider limiting your teen to non-highway roads for a few weeks or a few months. Once your teen gains confidence and experience on smaller and less busy roads, you can then permit your teen to share the road with trucks.

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Distracted Truck Driving Leads to Accidents in Florida

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

In the last few years, there has been more awareness about the dangers of distracted driving. In fact, new regulations have been passed over the past three years which make it illegal for commercial truck drivers and government employees on the job to text and drive. As well, victims who are injured in a Florida truck accident caused by a distracted driver can usually pursue the driver in court for negligence.

Despite this, however, distracted driving continues to cause Florida car accidents and truck accidents everywhere. These accidents continue to claim lives and cause hundreds of thousands of injuries each year. Part of the problem is that while steps are being taken to address texting and driving, the larger role of distracted driving is not being addressed.

The reality is that distracted driving is not just about texting. Distracted driving can occur every time that a truck driver removes his or her focus or eyes from the road. Distracted driving can happen when a truck driver is changing a CD, talking on a cell phone (even on a hands-free device), eating or drinking while driving, looking at a map, searching for something in the cab, and otherwise doing anything else but focusing completely on the road.

Unfortunately, it is impossible to legislate the long list of possible distractions available for truck drivers on the road. It is also impossible to enforce rules requiring truck drivers to remain focused on the road at all times. In fact, the very nature of the job makes long-term concentration difficult. Drivers spend all day, day after day, on the road, driving. Mainlining 100% concentration on the road during long stretches of time is very difficult.

Some industry experts have recommended that stricter rules be put in place against truck drivers who have accidents or “near misses” while distracted. They argue that once a truck driver has shown that he or she is prone to distracted driving, he or she should be taken off the road. Others argue for better education campaigns to teach all drivers about the dangers of distracted driving. Some industry experts also recommend adding devices into the cab of trucks – devices such as cameras – which would help investigators and carriers evaluate truck drivers’ levels of performance and distraction.

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How to Spot a Truck Driver Who May Cause a Drunk Driving Accident

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

The only way to tell for sure whether a truck driver is driving under the influence is to let a police office administer a sobriety test or a blood alcohol test. However, according to the Florida chapter of Mothers Against Drunk Driving (MADD), there are a number of signs that a truck driver is drunk and may cause a Florida drunk driving accident:

1) Rapidly changes speed, generally changing speed quickly and without reason
2) Follows too closely or tailgates other vehicles
3) Weaves across lanes of traffic or across the roadway
4) Near-misses, such as almost colliding with an object or another vehicle
5) Erratic stopping and starting
6) Does not drive on the road
7) Uses signals incorrectly or makes other basic driving errors.
8) Swerves
9) Does not use headlights at night
10) Drives very slowly (more than 10 mph under the posed speed limit)
11) Responds slowly to traffic conditions or traffic signals
12) Turn illegally or too sharply
13) Drives on the wrong side of the road
If you see a truck driver exhibiting any of these signs, gain a safe distance and call the authorities. You could help prevent a truck accident. Even if the driver is not under the influence, the behaviors listed above are dangerous and could cause a collision. It is helpful to authorities if you can provide details about the truck – such as the license plate number – but never put yourself in danger to get this information.

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Renting a Moving Truck? Here’s What You Need to Know About Florida Truck Accidents

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

Many rental agencies rent out large trucks for do-it-yourself moves. If you are trying to save money, this can seem like a great alternative to the costs of hiring professional movers. However, this sort of move can also lead to a Florida truck accident. To stay safe, follow these tips:

1) Get the moving van inspected and get some training. Many moving truck rental have poor reputations for failing to maintain their fleets. You can read about company safety records online, but it is a good idea to get the truck inspected before you pack it, just in case. You may also want to get at least an hour or two of training with an instructor to get familiar with the truck. Many driving training schools can offer you two hours of training for less than $50, which will not add to moving costs substantially.

2) Keep a log of your hours on the road and your rests. If you are renting a very large moving truck, you may be required to maintain a log of time traveled, distance traveled, and any rest stops taken. If you are required to keep such records, keep them carefully; you could face serious legal problems if you fail to keep these records.

3) Get the right truck for your weight of cargo – and stop at weight stations as needed. Overloading a truck because you don’t want to go into the next larger truck size can mean that your moving truck is more prone to rollovers, tire blowouts and even brake problems. Most truck rental companies will help you estimate how much truck you need. If you need a very large truck, make sure that you stop at weight stations, as you are required to do by law.

4) Secure your cargo carefully. Pack your belongings carefully any use plenty of tie-downs to keep them secure in the truck. If your cargo moves or shifts as you drive, you will have a harder time controlling the truck and you will increase your chances of being in a Florida car accident.

5) Consider alternatives. If you need to move many items and will require a very large truck, think twice. Very large trucks are hard to maneuver and are not really intended to be driven by passenger car drivers with no truck driving experience. There are many low-cost alternatives. For example, you can rent the low-cost truck yourself and hire a professional driver to drive it for you. You can also combine moving costs with another family headed for the same destination. Another option is to take advantage of one of the DIY packing companies. The company will drop off a large freight container at your home, which you can pack at your leisure. A professional truck driver will then drive the container to your destination.

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Driver Fatigue and Florida Truck Accidents

Published on: May 20, 2011 | By Flaxman Law Group

In June 2009, a Miami truck driver who was fatigued caused a severe truck accidents that resulted in a multiple-vehicle pileup, ten deaths, and six injuries. The National Transportation Safety Board (NTSB) determined that the accident was caused by fatigued driving, with the driver suffering from mild sleep apnea as well as “circadian disruption” caused by the driver’s shift schedule.

Unfortunately, the incident was not isolated. Every year, Florida truck accidents as well as car and truck accidents across the entire country, are caused by fatigued drivers. According to Deborah A.P. Hersman, chairman of the NTSB, the 2009 crash shows that three new federal rules are needed to help prevent these types of truck accidents:

1) A fatigue management system. According to the NTSB, such a system would include set scheduling practices, attendance rules, education of truck drivers and the public about warning signs, medical screening and treatment for sleep apnea and other sleep-related conditions, the creation of rest environments for drivers, and new commuting policies. This comprehensive system would address some of the more common causes for driver fatigue.

2) Event recorders. The NTSB has also recommended recorders such as video cameras in cabs. While these might not help prevent accidents, the NTSB notes that such devices would help investigate accidents. The NTSB also believes that event recorders would help carriers evaluate driver performance and this might ostensibly help prevent Florida trucking accidents as well as accidents across the country.

3) A collision warning system. Airplanes in Florida use Traffic Alert and Collision Avoidance Systems (TCAS) to help prevent Florida aviation accidents and the NTSB believes that similar technology can help prevent truck accidents. The systems work by providing auditory warning signals when other vehicles are close.

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How Rudeness Can Lead to Florida Trucking Accidents

Published on: May 14, 2011 | By Flaxman Law Group

Rudeness is usually seen as a social fault, and certainly not as something potentially fatal. However, on the road, rudeness can actually cause dangerous situations which lead to Florida car accidents and truck accidents. Rude behavior that can be downright dangerous includes:

1) Cutting trucks off. Cutting off a commercial truck is rude to the truck driver – but it can also be deadly for the passenger car driver. Trucks take a longer time to stop than smaller vehicles, so a truck that is cut off may not have enough time to stop. When passing a truck, give yourself plenty of room before you cut back in. This is especially true if you are on an incline, where a larger and heavier truck will be picking up speed.

2) Road rage. Road rage is never polite – the screaming, swearing, and rude gestures are never appropriate. However, in a confrontation with a truck driver, such behavior can be downright deadly. Road rage can distract a truck driver, causing an accident. It can also distract you, causing you to make a deadly mistake.

3) Aggressive driving. Speeding, swerving, cutting other drivers off, and otherwise driving aggressively makes other drivers angry because it is rude. Driving aggressively around trucks, however, is dangerous because aggressive driving often involves erratic and impulsive maneuvers – maneuvers that truck drivers cannot anticipate in time.

4) Tailgating. Tailgating is always considered aggressive and rude. With a truck, it can lead to a car accident, since truck drivers cannot see directly behind them due to blind spots. If you are following too close to a truck, you likely cannot see the truck driver in the truck’s mirrors, and that means that the truck driver cannot see you.

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Hazards that Lead to Florida Truck Accidents

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

Many Florida truck accidents are caused by hazards on the road that are not recognized in time. In the trucking industry, hazards are defined as any situations or obstacles which could impede safe driving. When those hazards create the need for sudden action, they are defined as emergencies. Therefore, a car weaving up ahead may be a hazard for a truck driver, while a car cutting off a truck is generally an emergency as the truck driver may need to brake or swerve out of the way to avoid an accident.

Hazards are important in preventing truck accidents. Since trucks are larger and have slower response times than passenger cars, it is vital for truck drivers to anticipate hazards well in advance and respond accordingly. When truck drivers wait for hazards to become emergencies, they may simply not be able to respond in time to avoid a collision. Common hazards which truck drivers need to be aware of include:

1) Dangerous weather conditions. Conditions such as fog, strong winds, rain, and nighttime can affect visibility and can make road surfaces slippery. Strong winds can easily cause an emergency by blowing objects onto the road surface.

2) Dangerous road conditions. Obstacles on the road, poor paving, road work, and other hazards often pose a greater danger for passenger vehicles, as they often feel bumps and poor road surfaces more than larger trucks. Nevertheless, road conditions can cause trucks to lose control or rollover.

3) Other drivers. Aggressive or dangerous driving, speeding, fatigued drivers, and drunk drivers share the road with trucks each day. Truck drivers need to be aware of the red flag signs of dangerous drivers and need to be able to get out of the way in time.

4) Disabled cars, stopped buses, and stopped trucks. Cars left on the road – especially without emergency flashers – can be a severe hazard for truck drivers, who may not be able to stop in time to avoid a collision unless they anticipate the hazard well in advance. A similar hazard are trucks and buses, which make frequent stops and may take up much of lane of traffic.

5) Pedestrians, workers, bicyclists, and motorcyclists. Anyone on the road who is walking or riding a bike is harder to spot for a truck driver, especially at night. As well, pedestrians and bikers may be in spots where truck drivers do not expect them – such as weaving around traffic.

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Insurance Companies Hire Private Investigators After Florida Truck Accidents

Published on: May 6, 2011 | By Flaxman Law Group

After a Florida car accident or truck accident, many drivers assume that they are covered by insurance and that the insurance carrier they have been paying premiums to all along will help them. Many Florida truck accident victims are surprised to find, however, that insurance companies actually often launch private investigations on the victims in traffic accidents. These insurance companies are looking for several things:

1) Mitigating factors and other liable parties. Insurance companies would not make money if they paid out the full possible claim amount to every claimant. Therefore, many companies look for other possible liable parties – such as road conditions or even the victim.

2) Evidence of insurance fraud. Insurance fraud is a serious problem and unfortunately, it can mean that the industry sometimes suspects legitimate claimants. Some injury victims find themselves under surveillance by private investigators as insurance companies try to determine whether a claimant is faking or exaggerating an injury.

3) More information about the accident. Insurance companies, like police and other investigators, work hard to determine the cause of an accident. Unlike other investigators, however, private investigators hired by insurance companies are paid to find information which is advantageous to the insurer.

4) The cost of damages. One of the tasks of the insurance company is to determine the value of a claim – the amount that will be paid out to the victims in an accident. In many cases, however, these initial amounts cover only the bare necessities of care. Most of the time, Florida personal injury attorneys need to work hard to ensure that a victim has all medical costs and related accident expenses covered.

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