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

Cargo Problems and Trucking Collisions: What’s the Connection?

Published on: May 20, 2014 | By Flaxman Law Group

If you’ve seen debris on the roads in Hollywood or your city, you already know that cargo problems can translate to big problems on the roads. The reality is that 18-wheelers and other commercial trucks carry huge amounts of cargo across state lines, across the city, and across the country each day. Businesses and customers rely on big rigs and other trucks to keep the economy going and to deliver everything from food products to industrial chemicals. Unfortunately, in some cases cargo problems can lead to truck accidents in Hollywood and other cities. The biggest problems with cargo tend to be:

1) Overweight cargo. Overloaded and overweight trucks in Hollywood and other communities are a big risk on the roads. In fact, there are federal guidelines that strictly limit how much cargo commercial trucks can carry. Weight scales along highways are meant to make sure that truckers and truck carriers abide by these rules, but in some cases truckers and companies break these rules in order to save money by having to make fewer trips. Overweight cargo can cause drivers to lose control of their tractor trailers and can lead to rollovers and other serious accidents. Heavy cargo can place additional pressure on brake systems and tires, leading to tire blowouts and brake failure in Hollywood and other communities. In addition, overweight cargo can cause damage to roads and bridges, eventually contributing to car and motorcycle crashes caused by poor road conditions.

2) Incorrectly secured cargo. Truck drivers are responsible for ensuring that their cargo is correctly loaded and secured. This can mean using ropes or tarps to keep the cargo in place and to prevent it from shifting. Incorrectly secured cargo can shift during transport, increasing the risk of rollovers and other crashes.

3) Secondary accidents caused by cargo. When cargo is not correctly secured, it can spill out onto streets and highways, causing secondary car accidents. Some cargo can become flammable or dangerous when spilled, posing a danger for pedestrians and anyone in an area.

4) Hazardous cargo. When trucks transport bio-hazardous materials, toxic chemicals, or flammable products, they need to abide by certain additional rules for keeping this cargo safe. Some cargo is simply more dangerous because it poses a risk of explosion, fires, or toxic exposure. When a truck carrying this type of cargo is involved in an accident, it can lead to environmental disaster or it can mean that an entire area of a highway or city needs to be evacuated because of the danger of fire or toxic exposure.

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Construction Sites are the Scene of Many Trucking Accidents in Hollywood and other Cities

Published on: May 15, 2014 | By Flaxman Law Group

Construction sites rely on heavy machinery, including trucks, in order to complete jobs. Unfortunately, the heavy equipment and especially the trucks on construction sites can easily lead to crashes and severe injuries. In fact, traffic accidents are a leading cause of construction site accidents and injury in Hollywood and other communities.

These types of accidents tend to affect not only workers, but they can also affect pedestrians who happen to be walking in the area, passenger cars trying to drive through construction sites, and anyone else who is in the area. Unfortunately, one of the things that makes construction sites so dangerous is the fact that many types of vehicles are combined with pedestrians or individual workers who need to walk around the site. The area surrounding a construction site can also include local traffic that needs to make its way through a construction site or even pedestrians who are trying to get around the construction site in order to get to their destinations. There is a lot of room for possible injuries in this type of situation.

Construction sites typically have several types of vehicles and trucks on site, including:

•Cranes
•Cement trucks
•Forklifts
•Passenger vehicles
•Dump trucks
•Commercial trucks carrying heavy equipment, supplies, or machinery
All of these trucks pose their own unique risks and dangers.

Many construction site accidents involving trucks are in fact preventable. There are many things that can be done to prevent trucking accidents on construction sites:

•Proper training of workers
•Proper signage and barriers for pedestrians and drivers in the area
•Proper supervision
•Correct use of signals on trucks
•Correct use of detours for local traffic
When construction companies are negligent in providing a safe workplace and site, work injuries in Hollywood and Florida can easily occur. Negligence on construction sites can also affect local traffic, leading to traffic collisions and pedestrian accidents.

Have you been injured when driving or walking through a construction site? If so, you will want to get answers about what has caused your injuries. Did the company involved take reasonable precautions to keep the area safe? Were the operators of trucks and other heavy equipment on the site careful and mindful of traffic and pedestrians in the area? If not and you have been injured as a result, you may have a legal claim that allows you to seek compensation for your financial losses.

If you have been injured on the job because of a construction site accident, you may be able to claim workers compensation benefits in Hollywood or your community. However, you may be concerned whether these benefits will cover your lost wages, medical bills, and other expenses. To get answers, you will want to consult with a personal injury attorney to get legal advice. In addition to workers compensation benefits, you may have other options for having your lost income, medical costs, and other expenses covered.

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Fire Truck Accidents in Homestead and Other Cities: What You Need to Know

Published on: May 13, 2014 | By Flaxman Law Group

When many people think of truck accidents in Homestead or in Florida, they imagine the big rigs and tractor-trailers that are sometimes flipped on the side of highways and freeways. While it is true that commercial truck accidents are common in Homestead and across South Florida, there other types of truck collisions that can be just as deadly and can lead to catastrophic injury. For example, fire truck crashes can cause devastating injuries and losses.

Many people do not think about the risks of fire trucks when they pass one on the road. After all, fire trucks are usually racing to help people and to save lives. Unfortunately, the very nature of fire trucks can also mean that they can become a danger on the road if they are operated incorrectly. There are many things that can make fire trucks a hazard on the road:

•There often rushing to fires, speeding through city streets
•Other drivers may not pull over or stop when they see a fire truck, and this can lead to collisions
•Fire trucks may park in unexpected places, making pedestrian accidents and other accidents possible
•There is a lot of wear and tear on fire trucks, and sometimes they can be affected by mechanical failure or other issues that can lead to a crash
Fire trucks need to rush through traffic in order to save lives. However, fire departments are required to ensure that their truck operators are fully trained and qualified to drive their vehicles. They also like to keep their fire trucks correctly maintained and safe for city driving.

Unfortunately, if you have been injured by a fire truck in a pedestrian accident in Homestead or in Florida or if your car has been struck by a fire truck, you may have a hard time getting compensation. Although fire trucks are fully insured, they are generally owned by government entities and it can be difficult to secure compensation from government entities. Government agencies are protected by teams of attorneys as well as powerful insurance companies who will sometimes undervalue claims or not pay out the full amount possible in each case. Government agencies are also protected by law and have limited liability in some cases.

If you have been injured in a fire truck accident, it is important to consult with a personal injury attorney in Homestead or your community. Due to the force and speed of these trucks, these types of accidents tend to be devastating and can easily become fatal. If you have been injured, a personal injury attorney can review your case and can help you find out what your claim may be worth. An experienced attorney can also go toe to toe with government agencies and their insurers, aggressively pursuing compensation on your behalf.

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FMCA Statistics About the Causes of Truck Crashes

Published on: April 29, 2014 | By Flaxman Law Group

In the future, it is possible that technology will drive cars and trucks and will be able to prevent a number of trucking accidents in Hollywood and other communities that are caused by driver error. In the meantime, however, the Federal Motor Carrier Administration (FMCA) reports that many trucking crashes are caused by driver error. A report from the agency concludes that the most common causes of trucking accidents are:

•Prescription drugs
•Speeding
•Unfamiliarity with the area or roads
•Use of over the counter drugs
•Inadequate surveillance
•Fatigued driving
•Violation of road rules and illegal maneuvers
•Distracted driving
•No evasive action taken
•Aggressive driving
While some studies have concluded that passenger car driver error is more likely to cause trucking and car accidents in Hollywood and other communities when compared with truck driver error, there is no doubt that truck drivers can and do make mistakes that turn out to be deadly. Truck drivers are driving large commercial vehicles that weigh tens of thousands of pounds. When they make a mistake, that error could end up costing lives and can cause permanent, serious injuries such as paralysis, amputation, head trauma, and other serious injuries.

Experts agree that more needs to be done. Safety experts have recommended that additional driver training and screening could help prevent some collisions. Unfortunately, with a truck driver shortage across the country, trucking companies feel pressure to hire drivers, and this can mean less careful screening as well as the hiring of less qualified drivers in some situations.

Experts would also like to see additional surveillance and supervision of truck drivers. Technology can help with this by providing cameras in truck cabs that can help automatically screen for fatigued driving, distracted driving, and other issues that can lead to collisions on roads. In the meantime, careful driver applicant screening and extra training can help ensure that drivers have the experience needed in order to drive safely.

If you have been injured in a traffic accident in Hollywood, how can you know whether over-the-counter drugs, a driver’s unfamiliarity with the roads, or distracted driving led to the collision? Sometimes, the cause of an accident is obvious. A truck may be obviously speeding and careen out-of-control. In other cases, the causes of the crash are much more subtle. If you have been in a sideswipe accident, head-on collision, underride accident, or other truck collision, contact a personal injury attorney in Hollywood or your community in order to get answers. An attorney can not only help you understand your rights but they can also investigate the causes of an accident in order to find out whether driver error caused the collision. In many cases, truck accidents are preventable and are caused by recklessness or negligence. Pursuing compensation in these cases sends a message to the trucking industry that safety is a priority and it also ensures that plaintiffs have the financial resources they need to pay for medical care, lost income, and other expenses.

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Is the Current Labor Shortage Having an Impact on Trucking Accidents in Homestead and Other Cities?

Published on: April 24, 2014 | By Flaxman Law Group

There is currently a labor shortage in the trucking industry. Fewer young workers are expressing interest in becoming truck drivers and older drivers are retiring. In addition, industry rules may prevent some from pursuing a job in the industry. To become a truck driver, applicants must be at least 21 years old and must be able to pay thousands of dollars for a driving course. This further reduces the pool of potential truck drivers. In addition, new Hours of Service rules that lower total driving time allowed to 70 hours per week, which means that truck companies need to hire more drivers to make the same number of deliveries.

A shortage of drivers isn’t only a problem for truck carriers looking to hire new workers. According to some safety experts, the shortage of drivers may also contribute to trucking collisions in Homestead and other cities. According to the Bureau of Labor Statistics, jobs for tractor-trailer and heavy truck drivers will increase 21 percent between 2010 and 2020.

Safety experts say that the pressure of a driver shortage may push some trucking companies to take risks by hiring underqualified drivers. When there are plenty of qualified drivers, companies can choose the best candidates for each position. When there is a shortage and a need for deliveries, there is the risk that companies will hire new drivers with less experience or drivers who are not familiar with the area. Inexperienced drivers, drivers who have not been adequately screened, and undertrained drivers can all make mistakes that can lead to rollovers, broadside swipes, and other traffic collisions.

Have you been injured in a trucking accident? Often it is difficult to tell what exactly has caused the collision. Car crashes in Homestead and other cities can happen in an instant and it can be difficult to tell exactly what chain of events led to the accident. Truck drivers may make mistakes due to lack of training or lack of experience that are not noticeable.

If you have been in a trucking collision, it is important to consult with a personal injury attorney in Homestead or your community. Even if you are not sure whether negligence or recklessness has played a role, it is important to get legal advice. An experienced attorney can investigate the cause of the accident and can work with private investigators, accident reconstruction experts, and other professionals to get answers for you and your family. A thorough investigation can not only help give you answers, but it can help you pursue compensation if you qualify. In addition to helping you get answers, an attorney can take care of the details of the claims process and can help you understand your options.

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The Link Between Truck Maintenance and Traffic Collisions in Homestead and Other Communities

Published on: March 13, 2014 | By Flaxman Law Group

There is no doubt that trucking and car accidents in Homestead and across the country are a serious concern for every American. In 2012 alone, traffic collisions killed 33,561 people across the country. Motor vehicle accidents are among the top causes of death for all age groups and are the leading cause of fatalities for those under the age of 34, according to government statistics.

Trucking accidents in Homestead and other communities can be especially deadly, because of the size of big rigs, 18-wheelers, and other commercial trucks. Many trucking accidents are caused by motorist negligence, but a number are also caused by poor truck maintenance.

Both truck drivers and motor carriers are expected to take proper care of their vehicles. Truck drivers are responsible for day-to-day maintenance of their vehicles, including checking tire pressure and reporting any problems that require the services of a mechanic. Motor carriers are expected to maintain their fleets, replace trucks as they become unsafe, and take care to provide the proper level of maintenance for each of their vehicles.

Unfortunately, there are many things that can go wrong that can prevent trucks from getting proper maintenance:

•Truck drivers may not check tire pressure, brakes, and other systems before every trip, leading to excessive wear and tear, as well as mechanical failure
•Motor carriers may try to reduce costs by cutting back on the amount of maintenance on their vehicles
•Motor carriers may be negligent and may hide maintenance problems or delay maintenance in order to save money
•The companies or professionals tasked with fixing vehicles may be negligent in evaluating and properly fixing truck systems
When trucks are incorrectly maintained, mechanical failure in Homestead and other communities can occur, causing trucks to possibly careen out of control. Incorrectly maintained brakes may fail, tire blowouts in Homestead and other communities can occur if tires are not correctly kept properly inflated, and other systems may fail as well, causing severe injury and serious crashes.

Unfortunately, if you’ve been injured in this type of car accident caused by mechanical failure or poor maintenance, it can be difficult to prove that the truck was not correctly maintained. The incident may simply be blamed on bad luck or on an unfortunate accident. It often takes working with a good personal injury attorney in order to evaluate the maintenance schedule of a truck as well as any prior known problems with the vehicle.

It is especially important to consult with a personal injury attorney if you’ve been injured by a rental truck or by a commercial truck. Unfortunately, a number of investigative reporters over the past few years have shown that rental truck companies do not always perform the maintenance necessary on their fleets, and each year Americans are seriously injured or even killed due to this negligence. In addition, commercial truck accidents often require the help of an attorney because these cases are complex and often involve multiple defendants who are protected by powerful attorneys. A good personal injury attorney in this case can protect your interests.

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Could Overnight Deliveries Increase the Risk of Truck Accidents in Hollywood and Other Cities?

Published on: March 6, 2014 | By Flaxman Law Group

According to a new study from Monash University, overnight and early morning long-haul trucking has a higher rate of accidents when compared with trucking deliveries during regular business hours. The researchers in the study believe that if fewer trips and deliveries were scheduled in the early morning, there may be fewer collisions.

The study found that truck drivers who work for more than three hours during the night have a similar risk of accidents as drivers who are driving under the influence. Drivers who do not use cruise control, anti-lock braking systems, and other technology on their overnight drives are at an even higher risk of a collision, as are drivers with less driving experience.

To reach these conclusions, researchers spoke with 517 truck drivers who had not been in an accident between 2008 and 2011 and also spoke with 530 truck drivers who had been in a collision during the same time period. Based on these interviews, researchers found that truck drivers who were on the road between midnight and six in the morning had a threefold chance of being in an accident when compared with drivers who drove between 6 in the morning and noon. When a truck driver had not taken any rest for over four hours, the risk of a collision was twice as high.

Unfortunately, overnight driving is standard in the trucking industry, and according to sleep experts this may be contributing to trucking accidents in Hollywood and other communities. Even when truck drivers sleep before driving overnight, they may feel fatigued on overnight shifts. Other studies of shift work in other industries seem to back this up. A number of studies have shown that workers who take on shift work and overnight work have higher risks of work injury in Hollywood and other cities. Part of the problem is that working outside of regular hours fights the body’s natural circadian rhythm. Even when truck drivers and workers get adequate hours of sleep, the type of sleep they get during the day after working at night may be of a lower quality.

Fatigued driving in Hollywood and other communities has long been linked to car and trucking accidents, but it is more difficult to decide how to address the issue. The trucking industry relies on long-haul drivers to make early-morning deliveries. Customers demand on-time deliveries on tight schedules, and that can mean workers being on the road until late at night. Hours of service rules require truckers to take a certain amount of rest when driving, but they do not and cannot regulate or control the quality of sleep and rest that truck drivers get. In the future, driverless trucks and other technology may help reduce or even eliminate the dangers of fatigued driving. In the meantime, however, solutions need to be found to address the problem.

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FMCSA Names Three Leading Causes of Trucking Accidents

Published on: March 4, 2014 | By Flaxman Law Group

According to the National Highway Traffic Safety Administration (NHTSA), the number of fatal truck accidents increased between 2011 and 2012. In fact, the total number of trucking accident fatalities across the country jumped by 140 – to 3,921 fatalities – during this time period. Surprisingly, the number of truck drivers increased to 697 in 2012, an increase from 240 truck drive fatalities in 2011.

In response to the figures, the Federal Motor Carrier Safety Administration (FMCSA) evaluated what might be causing the serious trucking accidents across the country. The agency identified three main factors that could be causing trucking accidents in Homestead and other cities across the country:

1) Fatigue. Truck driver fatigue in Homestead and other cities is a known risk factor in traffic crashes. Tired drivers are more likely to make dangerous mistakes that lead to an accident. They may also fall asleep at the wheel, entering oncoming lanes and causing head-on crashes in Homestead and other cities. According to the FMCSA, long-haul truckers face tight delivery deadlines that may cause stress and may push some drivers to scrimp on sleep. Last year, the FMCSA changed hours of service rules to address this problem. Under the new regulations, truck drivers must have one 34-hour rest period per week before starting a new work week, and work weeks are now limited to a maximum of 70 hours of work.

2) Speeding. When truck drivers speed, they can easily lose control of their vehicles, especially when heavy cargo is involved. In addition, trucking accidents involving speeding are more likely to lead to multiple-vehicle accidents, fatalities, and rollover accidents in Homestead and other communities. The FMCSA has proposed new rules that would mandate speed limiters on trucks in order to prevent speeding.

3) DUI. According to the FMCSA and the National Transportation Safety Board, approximately 35% of truck drivers who suffer fatalities in crashes have illegal drugs of alcohol in their blood at the time of the collision. Illegal drugs used by truck drivers include marijuana, cocaine, and amphetamines. Currently, urine tests are required of commercial truck drivers in order to detect drug use. However, the Senate has been looking at proposed laws which would allow hair testing, instead. This can help discover habitual drug users and is considered a more accurate type of drug testing.

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Great Article About Road Debris and Truck Accidents

Published on: February 25, 2014 | By Flaxman Law Group

David Breen of the Orlando Sentinel has written a very important article about the dangers of road debris in our communities. Charles Flaxman of Flaxman Law Group was asked to comment on the issue and was proud to offer insight.

Be sure to check out the article by clicking below:

http://www.orlandosentinel.com/news/local/breakingnews/os-trucks-falling-debris-danger-20140219,0,7776890.story

Just How Safe is The Trucking Industry in Homestead and Across Florida?

Published on: February 25, 2014 | By Flaxman Law Group

Trucking industry advocates often point to falling accident rates as well as the importance of trucking. They speak of the importance of safety in the industry, and it is true that many truckers and trucking companies do work hard to create a safe environment on the road.

While trucking is an important part of the economy, however, just how safe is the industry?

The truth is that truck accidents in Homestead and surrounding communities still cause devastating injuries and cost lives each year. In many cases, these injuries occur to the occupants of passenger vehicles. According to some statistics, in fatal collisions involving passenger vehicles and trucks, in about 98% of cases, the fatalities involve someone inside the smaller vehicle. In these types of traffic accidents in Homestead and other cities, there is simply no contest. A passenger vehicle may weigh one or two tons while a commercial truck may weigh 40 tons. In addition, the truck driver is usually situated quite high and often well out of harm’s way.

According to the Department of Transportation, in 2011 alone over 4000 people were killed in accidents involving buses and large trucks. What is worrying is that in a number of serious truck accidents in Homestead and other cities, driver fatigue has played a role. In some accidents, drunk driving or other preventable causes were at work.

According to some safety advocates, more can and should be done to prevent unsafe driving and truck accidents. There is already technology in place that could help prevent some accidents. For example, there are GPS systems and on-board cameras that could help monitor drivers to ensure that they are traveling safe speeds and are not falling asleep at the wheel. Underride guards could also help prevent many underrride accidents.

One of the big issues with many truck accidents is record keeping. Under current federal laws, commercial trucks must carefully document each shipment and cargo. Truck drivers must also check in with weigh stations and must keep a log of hours rested and hours driven. As many personal injury attorneys in Homestead and other cities know, however, these systems are not foolproof. After a serious accident, attorneys subpoena records and sometimes find that motor carriers and drivers sometimes violate federal rules. Log books and other paperwork can be easily falsified and in some cases drivers with overloaded trucks are able to avoid the weigh stations meant to catch them.

It is possible that in the future technology will help create a safer industry. Automatic systems in the truck can keep track of how long the truck is driven and how long truckers rest – without the need of a log book. Driverless trucks could allow motor carriers to save money while also reducing the risk of accidents caused by driver error.

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