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

Why Do Truck Accidents Happen in Homestead and Other Communities?

Published on: December 4, 2013 | By Flaxman Law Group

Car and truck accidents in Homestead and other Florida towns cause devastation each year. There are a number of federal laws designed to keep drivers safe and prevent these types of accidents – so why do these traffic collisions in Homestead still take place. According to safety experts, the most common causes are:

1) Driver distraction. Since early October, no driver in Florida is allowed to text and drive. By federal law, commercial truck drivers are also not allowed to text and drive. However, distracted driving continues to be a leading cause of truck accidents, car accidents, and motorcycle accidents in Homestead and other communities. Part of the reason is that there are many types of distraction above and beyond mobile devices. A truck driver may be distracted by daydreaming, changing the music in the cab, eating a meal, or any number of other distractions.

2) Driver inexperience. Motor carriers are expected to screen and train drivers. Unfortunately, a labor shortage means that some trucking companies screen less carefully. At this time of year, when demand for deliveries and trucks is especially high, there can be pressure to accept less trained and less experienced drivers into a fleet.

3) Driver fatigue. Federal rules restrict how many hours truck drivers can be on the road before they have to rest. However, in many cases these rules are violated because of money concerns and deadlines. A truck driver may be pressured to deliver cargo by a specific deadline or may want to make more money by taking fewer breaks. In some cases, sleep apnea and other sleep disorders can also continue to driver fatigue, even if Hours of Service rules re obeyed.

4) Inebriation. Truck drivers are screened carefully but some do drink and drive or take medication that can make them sleepy on the road. Some drivers can even be unsafe on the road if they take over-the-counter or prescribed medication that can lead to drowsiness.

5) Mechanical Failure. Tire blowouts, brake failure, and other mechanical failure leads to trucking crashes each year. In some cases, these failures are caused by incorrect maintenance, by overloaded trucks, or by manufacturing defects.

6) Cargo problems. Trucks are limited as to how much cargo they are permitted to carry but in some cases truck carriers and drivers overload trucks in order to make more deliveries in less time and for less money. Overweight trucks are a danger because the extra weight puts extra pressure on tires and breaks, potentially leading to brake failure to tire blowouts. In some cases, cargo is loaded incorrectly. Even if a truck is within safe weight limits, incorrectly loaded cargo can shift and can cause a rollover or other accident.

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DUI Truck Accidents

Published on: November 21, 2013 | By Flaxman Law Group

Drunk driving accidents in Hollywood are unfortunately still all too common. It is especially upsetting for families who have lost a loved one to a drunk driving accident to find out that a drunk driver has a history of driving under the influence and continued to drive. These types of accidents are also devastating because they are completely preventable: all drivers have other options but some chose to drive inebriated anyway, risking their lives due to recklessness.

When drunk driving accidents are Hollywood truck accidents, it can be even more upsetting. Truck drivers, after all, are held to a higher standard than passenger car drivers because they are professionals. Professional commercial drivers are expected to pass stricter driving test and get additional training when compared with passenger car drivers. There also subject to drug and alcohol tests and are subject to strict penalties if they drive drunk or distracted. When commercial truck drivers choose to drive drunk, they are violating not only the rules of the road but they are also violating the rules under which they were employed.

DUI truck accidents are more likely than most drunk driving accidents to lead to fatalities and serious injuries. The large size of a commercial truck creates enough force to cause a multiple-car collision. Out-of-control trucks can easily crush a smaller vehicle, which is one reason why truck drivers have so many restrictions and rules governing their jobs. For someone who is a pedestrian or is riding a motorcycle or bicycle, there are few layers of protection and a truck accident is likely to lead to fatalities or serious, permanent injuries.

Despite the risks, truck and car accidents in Hollywood do sometimes occur due to a truck driver who is driving under the influence. Truck drivers may drive not only drunk, but they may also take illegal or over-the-counter or prescribed medication in order to stay awake or in order to drive more hours than is legally allowed. In these cases, drivers may fall asleep at the wheel or may lose control of their vehicle, leading to a serious accident.

In cases where a DUI truck accident has occurred, there are usually multiple liable parties. The truck driver is often held liable, but the motor carrier can also be held liable if they did not screen driver carefully or did not notice that a truck driver had a problem. If you have been injured in a traffic accident in Hollywood, pursuing multiple liable parties can improve your chances of getting fair compensation for your injuries.

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Injuries Sustained in Truck Accidents Tend to Be Catastrophic

Published on: November 12, 2013 | By Flaxman Law Group

While car accidents in Homestead and other communities may result in terrible injuries, including whiplash, fractures, paralysis, and more, commercial truck accidents can be especially deadly and may be more likely to result in serious and permanent injuries. Truck accidents in Homestead are more likely to lead to catastrophic injuries because the size and force of the truck easily outmatches the size and force of a passenger car.

Large trucks that have careened out of control can explode into flames, can plow into multiple vehicles, and can even crash or roll over smaller vehicles. The damage in these accidents is often immense and leads to serious injuries. Quite simply, if you are in a passenger car, you have little chance against a big rig.

If you have been in a truck accident, it is important to keep in mind that your injuries are likely to be severe. You may suffer from:

•Head injuries
•Back injuries
•Paralysis
•Amputation
•Soft tissue injuries
•Spinal cord trauma
•Fractures
•Disfiguration
•Burns
All of these can be immensely expensive, and it is important to act strategically immediately following a traffic collision in Homestead, to ensure that you do not end up paying for the entire cost of these injuries yourself. Keep in mind that a serious head injury or spinal cord injuries could end up costing you more than one million dollars in home care and medical costs over a lifetime. An amputation can cost hundreds of thousands of dollars over a lifetime because you will need to replace your prosthetics, get additional treatment, and so forth. Even car accident leading to a facture can cost tens of thousands of dollars in lost income, property damage, and medical care.

If your injury was caused by no fault of your own, Florida law allows you to seek compensation through a personal injury claim. Even if you’re not sure you want to pursue a legal claim, it’s important to speak with a personal injury attorney in Homestead or your community to find out how much your injuries may be worth. After all, even if you have excellent health coverage and car accident insurance, how can you know whether your insurance company is offering you a fair amount for your injuries and damages?
The truth is, insurance companies are in the business of resolving claims quickly and for as little money as possible. If your injuries end up costing you much more in the long-term, these costs will come out of pocket. Once you have accepted insurance money, you have often signed away your right to pursue additional claims, which is why speaking to a lawyer before you sign anything is so important. A personal injury attorney can help you find out whether you have a strong case and can help you decide what your options are for covering as much of your injury is possible.

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Head-On Collisions: What are They and Why Are They So Deadly?

Published on: November 5, 2013 | By Flaxman Law Group

Head-on collisions are terrifying and often involve serious injuries, including head injuries, spinal cord trauma, whiplash, internal injuries, and other serious injuries. They also often involve fatalities. These injuries are especially frustrating because they are completely preventable. Head on collisions in Homestead happen when one car enters the oncoming lane. This often happens when someone falls asleep at the wheel because they are driving fatigued or are so distracted that they do not notice that they have changed lanes.

There is no reason for a driver to be entering an oncoming lane, so in head-on collisions, the driver who is in the wrong lane is often considered to be at fault. In many of these cases, the accidents are distracted driving crashes, distracted driving collisions, or drunk driving accidents in Homestead.

These types of crashes tend to have a very high injury and fatality rate. There are a few reasons for this:

•Speed is often a factor in these accidents
•The driver in the right lane may not be expecting a car headed towards them and may not have time to react
•These crashes often cause the air bags to inflate, and these can cause secondary injury if they are defective in any way
•The force of these crashes is significant
•In many collisions, the two vehicles are different sizes and a smaller car is often severely damaged by a larger vehicle
•In a head-on truck collision, a smaller passenger car may be crushed or pushed under the truck by the force of impact
•The force of these crashes usually impacts the front of the car, where the driver is most affected
•The force of these crashes is enough to cause serious damage to the hood of the car, which can cause fuel leaks and even fire, causing burn injuries and threatening the lives of the passengers
Even though the hood of the car acts as a crumple zone, offering some protection, the high force and impact of these collisions means that many survivors walk away with serious or permanent injury and many passengers sustain fatal injuries as a result of these accidents.

If you have been injured in a head-on collision, it may seem like an open and shut case because the driver who was in the incorrect lane was obviously at fault. However, just because fault is clear, it does not mean that it will be easy to get compensation. There are many reasons why it may be hard to get compensation in these traffic accidents in Homestead:

•The at-fault driver may try to assign blame to other drivers or to circumstances
•An insurance company may undervalue the claim or the injuries
•The other driver may be uninsured or underinsured
•The other driver may be claiming that a product default or manufacturing defect in the car resulted in the accident

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Why Truck Accidents Continue to Happen Despite Safety Measures and New Laws

Published on: October 31, 2013 | By Flaxman Law Group

Truck drivers and motor carriers are subject to many rules and regulations. Truck drivers, for example, must not exceed certain driving times and must log hours driven as well as rest periods. They must check their trucks regularly to ensure that the trucks are safe. Motor carriers must carefully choose, train, and screen the truck drivers they hire and must not permit overloaded trucks on the roads.

New laws are passed each year regarding hours of service and other rules that truck companies and drivers must follow. However, truck accidents in Hollywood and other communities continue to be an issue and continue to cause many fatalities as well as many injuries each year.

Why do the laws not seem to be enough?

Unfortunately, despite the rules, attempted enforcement and the penalties for rule violations, some truck drivers and motor carriers not only violate the laws and rules, but go out of their way to do so. In many cases, the incentive is financial. For example, some truck carriers and truck drivers continue to overload their trucks past what is permitted by law. They may take back roads in order to avoid scales and weighing stations. They may also falsify documents in order to make it appear that a truck is within legal weight limits. In many cases, it is simply less expensive for motor carriers to send out trucks that exceed weight limits rather than sending out multiple trucks.

Some truck carriers and drivers also ignore rules regarding falling debris and cargo from trucks. Truck drivers should stop when they see cargo falling from their truck but they do not always notice. In some cases, truck drivers simply wait for municipalities to clean up the mess. If a truck driver has been negligent in securing the cargo and in stopping when they notice falling cargo from their truck, the truck driver and the motor carrier can be held liable if someone is injured in car accident in Hollywood because of the falling debris.

A common rule that is violated concerns hours of service limits. Truckers are required to get a certain amount of rest every day, have limits on how long they can drive before rest, and must meet other rules as well in order to keep everyone on the roads safe. When truckers or motor carriers fail to obey state rules, serious accidents and injuries are the result.

A careful investigation by a personal injury attorney in Hollywood or your community may determine that the at-fault truck was overweight or was breaking other rules. If the attorney finds that violating trucking rules led to a tire blowout or other dangerous situation that led to your accident, you may have a legal claim under Florida law and you may be able to pursue compensation to help pay for medical bills, lost wages, and other damages.

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Poor Maintenance Can be an Issue with Moving Trucks and Can Lead to trucking Accidents in Hollywood

Published on: October 22, 2013 | By Flaxman Law Group

Moving truck companies lease trucks to do-it-yourselfers who want to move themselves. Many people are eager to hire trucks for their move as it can save a lot of money when compared with professional movers and moving companies. Being able to pack yourself also provides you with more freedom and allows you to be sure that you pack everything safely and securely.

Unfortunately, a number of investigative journalism pieces and a number of consumer complaints have revealed that some moving truck companies and truck rental companies are negligent when it comes to providing safe and correctly maintained trucks. In legal claims, victims who have been injured in truck accidents in Hollywood and other communities have claimed that truck companies purposely failed to maintain their trucks, failed to respond to complaints about poor truck maintenance, and even went so far as to switch plates on certain trucks and moved them out-of-state in order to avoid having to perform basic and routine maintenance on trucks that have known issues.

When a moving truck fails to work correctly, it can mean a lot more than just a delay on moving day. In some cases, people have dealt with failed brakes, tire blowouts, and other serious complications with their trucks, which have led to truck and car accidents in Hollywood and other communities.

Unfortunately, getting help after a serious truck accident involving a rental truck can be very complicated. Trucks companies may claim that the person renting or driving the truck did something to cause the accident and that they are not responsible in any way for the damages. Often, it requires working with an experienced personal injury lawyer in Hollywood or your community in order to get the facts. A personal injury attorney can work with accident reconstruction experts and other experts who can carefully examine the truck in order to determine whether it was incorrectly maintained. If it was, you may have a legal claim against the truck company that can help you pay for additional moving expenses, medical bills, property damage, and more.

Many victims who have been injured in a traffic accident in Homestead don’t bother contacting a personal injury attorney because they fear the high cost of legal fees. However, it is important to note that many attorneys work on a contingency fee basis, meaning that plaintiffs do not have to pay for legal costs until and unless the attorney gets a settlement or court win on behalf of the client. Some attorneys also have free accident consultations so that you can learn what the likely costs of your injuries and the likely strength and value of your case might be.

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Mechanical Failures That Can Lead to Trucking Accidents

Published on: October 8, 2013 | By Flaxman Law Group

According to research, many truck accidents are caused by driver error. However, a significant number of trucking accidents in Hollywood and across South Florida are also caused by mechanical failures and mechanical problems. These problems can include:

•Oil leaks and air leaks
•Brake defects
•Tire defects and tire blowouts
•Suspension defects
•Structural integrity problems
•Failed wheel bearings
•Engine problems
•Cabin electrical wiring problems
•Trailer refrigeration equipment failure
In fact, any system in the truck can fail and this can easily lead to an accident. Certain truck systems – such as the brakes and tires – are especially vulnerable to failure since the size and weight of trucks places extra pressure on these systems.

There are many reasons why mechanical failures happen on trucks. In some cases, they occur due to manufacture defects. A truck component or truck systems may simply be defective in design or manufacture, leading it to fail on the road. In many cases, however, negligence in maintaining the vehicle leads to mechanical problems and structural issues that lead to an accident. Both the motor carrier and truck drivers are expected to maintain trucks, but sometimes fail to do so due to time constraints or concerns about costs.

In some cases, mechanical failure is caused by secondary causes that lead to the problem. For example, tires may be stored for too long in a hot warehouse, causing the rubber to become compromised and fail. A very common cause of mechanical failure is overburdening the truck with excess weight above the allowed limits. When a truck is burdened with too much weight, this can place extra pressure on the tires and brakes and can cause them to overheat and fail.

If you have been in a truck accident or traffic accident in Hollywood, how can you know what has caused your accident? In many cases, it is difficult to know without a thorough investigation. If you speak with a personal injury attorney in Hollywood or your community, your attorney can launch an investigation in order to determine exactly what happened. This may help uncover multiple liable parties in your case. For example, you may have a product liability case if it is found that a truck system was defective in some way. If the truck company or motor carrier was negligent in properly maintaining the vehicle, you may be able to pursue the motor carrier for their negligence. There may be multiple causes, including mechanical failure, behind the truck accidents, and exploring all options is important if you wish to pursue justice in your case.

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What Can Passenger Car Drivers Learn from Truck Drivers to Stay Safer?

Published on: October 3, 2013 | By Flaxman Law Group

Truck drivers, although they have a very dangerous job, are less likely than passenger car drivers to cause car and traffic accidents, according to a number of studies. In fact, according to researchers, passenger car drivers are more likely to be the at-fault driver in any car accident involving a truck and car.

What do truck drivers know that helps them prevent accidents? They tend to understand that:

1) Treat driving like a job. Many motorists feel casual and overconfident about driving. They feel that they can multitask while driving or think that they can casually get from point A to point B with no problems. Truck drivers, on the other hand, treat driving like a job, because it is one. They approach it like professionals because they understand that a casual attitude can lead to traffic accidents in Hollywood and other communities.

2) Stay accountable. Commercial truck drivers are expected to stay accountable, thanks to federal and state laws and guidelines. They need to make sure that they check their cargo, tires, and truck before every drive, for example, and they are subject to medical tests and other random checks. They must also keep a travel log and note any problems as well as total hours driven. These rules tend to ensure that truck drivers stay aware of their driving time, vehicle, and other issues. Passenger car drivers may reduce their risk of a truck or car accident in Hollywood or their community by staying more accountable and by being more aware of their driving habits, their car, and their driving skills.

3) Your vehicle counts. It’s hard to prevent a collision if your car does not respond the way you expect it to. Truck drivers check their vehicles before each drive and have teams of professionals to maintain the trucks to keep them in good working order. Truck carriers replace their fleets periodically as well. Of course, tire blowouts and other issues still happen in Hollywood and other communities, but many are prevented with careful maintenance. You can help reduce your own risk of a crash by keeping your car in good shape and by getting maintenance regularly. Walking around your car before you hop in and checking to make sure that all seems well can also help.

4) Fatigued driving and distracted driving are fatal. Many car and truck accidents in Hollywood and across the country are caused by people falling asleep at the wheel and by drivers who are so tired that their response times are affected. Truck drivers are not allowed to text and drive by federal law and must take specific rest breaks when driving. Passenger car drivers can also reduce the risks of fatigued driving and distracted driving. Even though texting while driving is not banned in Florida, simply put always your mobile devices before stepping in the car. Get adequate sleep before driving and if you feel tired or ill, take another method of transportation rather than risking a car crash.

5) More training is important. Commercial truck drivers must pass much more rigorous testing and training before getting their license. Many car drivers, on the other hand, spend only ten hours of in-car driving, some classroom training and go through a testing process when they get their driver’s license. There is no re-testing or re-training, even if the driver’s mobility or health changes. Many drivers, however, can benefit from additional training or additional courses.

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Daydreaming May Be A Major Cause of Car and Truck Accidents in Homestead and Other Cities – But it is Really Hard to Do Anything About it

Published on: October 1, 2013 | By Flaxman Law Group

The Erie Insurance Group took a look at more than 65 000 fatal traffic accidents that took place between 2010 and 2011. The study found that about 62% of the one in ten accidents attributed to distracted driving were linked to daydreaming. Researchers concluded that this meant that daydreaming was five times more often linked to collisions than mobile devices.

Daydreaming is a problem for a number of reasons:

•Drivers may not be aware that they are doing it
•Daydreaming removes focus from driving, making drivers miss important information right in front of them
•There is no way to legislate against daydreaming to keep roads safer
•Drivers are not often aware of the dangers of daydreaming
•Daydreaming means that drivers are sometimes so distracted that they cannot remember entire parts of their drive
According to experts, there are several things that can be done to prevent collisions caused by distracted driving:

1) Get plenty of rest before driving. Feeling tired can be dangerous and can make it harder to focus, making it harder to avoid daydreaming. Fatigued driving has also been linked to many traffic accidents in Homestead across the country, which is another good reason to get plenty of rest before you drive.

2) Consider the possible next moves of drivers and pedestrians around you. If you don’t occupy your mind with driving, it’s all too easy to start thinking of something else, losing focus. Planning ahead and thinking three moves ahead will ensure you are thinking about driving – not something that distracts you.

3) Keep your eyes moving. Studies have shown that keeping your eyes in one place allows you to miss more visual cues, which can lead to a pedestrian accident or another type of traffic accident.

4) Be aware of the dangers of daydreaming. Many people see it is a harmless activity but the recent study does suggest just how dangerous it can be. Knowing the danger and catching yourself if you find your mind wandering can make a big difference.

5) Change up your routine and daily drive. Taking the same route can make it easier for your mind to wander, since you may be so familiar and bored with the usual scenery.

6) Chew something, especially something brittle or crunchy. Some studies have suggested that this can help curb daydreaming and loss of focus.

7) Take frequent breaks on longer drives. Longer drives are a challenge because it is difficult to focus on the road and on your driving when you have been sitting in the car and trying to focus for long periods of time. Taking breaks allows you to stretch, relax, and even eat or drink something so that you can start on the next leg of your journey feeling refreshed.

8) If you have trouble with daydreaming, set up a system to catch yourself before you lose focus. For example, you might want to check in with yourself at every stop sign or traffic light to see whether you have been daydreaming or you may want to check in at the end of every song on the radio. If you find yourself daydreaming, bring your focus back to driving.

Of course, commercial truck drivers may need to work even harder to stay aware of the risks of daydreaming. They are on the road all day, in some cases, and this can make it easier to daydream or lose focus. Staying completely focused over a long drive is especially difficult because focus takes a lot of mental agility. Drivers who daydream and otherwise allow themselves to get distracted are at greater risk of trucking accidents in Homestead and other communities.

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Overweight Trucks: How They Cause Traffic Accidents

Published on: September 25, 2013 | By Flaxman Law Group

Trucks that carry more than a safe amount of cargo can be especially dangerous on the roads in Homestead and other cities. These types of overweight trucks can easily lead to a truck or car accident in Homestead and other communities. There are a number of reasons why overweight cargo can be dangerous:

1) It can put an additional strain on tires, leading to an accident. Overweight trucks put extra pressure on tires, which can lead to a tire blowout and crash. Tires can also overheat when a truck is overburdened with cargo, and this can cause tire blowouts unexpectedly as well. In this situations, the treads on tires can also wear down more quickly.

2) It puts additional strain on braking systems and other major truck systems. Quite simply, trucks have to work harder to carry cargo that exceeds safe limits. The extra pressure on brakes can cause brake failure and a truck accident in Homestead or another community.

3) It can cause trucks to rollover more easily. When cargo is piled high or the truck is overburdened with a heavy weight, a commercial truck may be more top heavy than usual. This can easily lead to rollover accidents. In Homestead and other cities, rollover accidents have caused pileups and secondary car accidents. The force of a truck accident can mean that multiple vehicles are damaged and several people are seriously injured.

4) It can create more force in an accident. In a truck accident, a heavy weight can create more speed and force. If a truck with an overweight cargo is in a collision with a passenger vehicle or a motorcycle, the larger force can increase the likelihood of fatalities.

5) In situations where trucks are overweight, the cargo may also not be loaded correctly, causing more risks. Where a truck driver or truck carrier have decided to cut costs by illegally putting too much cargo on the truck, how can you trust them to load the cargo correctly? The trucking company may also be taking other risks and cutting other corners, and that can be dangerous.

Federal guidelines dictate how much commercial trucks may carry in one load and truck scales along highways are designed to ensure that motor carriers adhere to these rules. However, some motor carriers defy those rules because it can be less costly to send out four trucks rather than six.

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