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

The Many Risks of Trucking Accidents in Hollywood and Other Communities

Published on: July 30, 2013 | By Flaxman Law Group

Accidents involving trucks in South Florida range from large crashes involving semis and trailers to smaller fender-benders involving light trucks. All of these collisions can have serious repercussions that affect victims for years or even a lifetime. If you have been in a traffic collision in Hollywood or any Florida community, it is important to keep all the risks and injuries of accidents in mind when speaking with insurance carriers and others.
Truck accidents in Hollywood and other communities pose a few types of risks, including:

1) Injury risks. One of the biggest risks involved in a truck collision is the risk of serious injuries. Injuries that commonly occur with trucking collisions include spinal cord injuries, burns, fractures, soft tissue injuries, and head injuries in Hollywood and other cities. Keep in mind that you do not have to be directly involved in a truck accident to face some of these risks. Even if you are a bystander, you may be injured by flying debris. If a truck is carrying a toxic substance, the resulting spill or fire could affect homes and businesses in the immediate area.
2) Personal risks. The effects of a serious truck accident can sometimes be hard to quantify. In addition to the physical injury, you may suffer from depression, anxiety, sleep disturbances, and other similar issues after an accident. You may face chronic pain and trouble with relationships after a serious accident that has resulted in injury, loss of a loved one, or financial distress.

3) Financial risks. The costs of a truck accident can be substantial. You may need to pay for repairs to your car as well as long-term medical care and treatment. If you have been seriously injured, you may face lost income as well as medical expenses that are not covered by your health insurance. For example, if you are a burn injury patient in Hollywood or another community, you may find that some forms of therapy and treatment are considered “cosmetic” and are not covered. Even if you have good car insurance, you may find that insurance companies are interested in settling the claim quickly, without covering some of the long-term costs of your injuries and income loss.

4) Legal risks. If you are blamed for the accident, you may face substantial legal problems. You may find that your insurance rates are affected or that you have a mark on your driving record. If you did not cause the accident but the police have decided that you were at fault, it is important to consult with an attorney. A personal injury attorney in Hollywood or your community can review your options and can investigate your accident. If you were not at fault, you may qualify for compensation that can pay for medical care, income loss, and other costs associated with your accident.

5) The risk of fatalities. One of the most devastating things that can happen in any truck accident involves fatal injury. If you have lost a loved one in a truck collision, your life will be affected permanently. In some cases, you may be able to pursue a wrongful death claim in Hollywood or your community to hold liable parties accountable for the accident.

Continue reading →

Trucking Industry Claims New Federal Rules May Not Help Prevent Truck Accidents in Homestead and other US Cities

Published on: July 27, 2013 | By Flaxman Law Group

New federal safety rules were passed this month, mandating more rest for truckers, closing some break loopholes, and ensuring that commercial truck drivers work shorter shifts. While some safety experts claim that the move may help prevent fatigue-related truck accidents in Homestead and across the country, some are claiming that the new safety rules may cause some problems.

According to some experts, the new rules will exacerbate a truck driver shortage and will reduce productivity, likely also increasing costs for businesses. Federal regulators claim that these problems will be balanced by improved safety on the roads and fewer accidents, but some in the truck industry say the rules may not necessarily improve safety.

The Department of Transportation and the Federal Motor Carrier Safety Administration predict that the new rules may help prevent 19 traffic deaths and 560 injuries as well as 1400 collisions. The agencies estimate that the rules will save $280 million in prevented collisions and $470 million in terms of better driver health.

The new rules reduce the number of weekly hours allowed for drivers from 82 down to 70. In addition, drivers will be required to take a 30 minute break after eight hours of driving and will need a 34-hour rest break weekly. This means that most truck companies will need to hire more drivers to maintain the same travel routes. With an already tight job market, this means that some truck carriers may scramble to fill those positions. This raises a basic question: what quality of drivers will be hired if there is already a shortage and truck carriers need to hire more?

Another problem will be productivity, which is estimated to decline about 3% as a result of the rules. The trucking industry is a $600 billion industry and the new rules are expected to increase costs for the industry by about $18 million. The Department of Transportation also estimates that hiring and training new drivers can also add about $320 million in costs. This means that truck companies may have less money to put towards maintenance and safety improvements.

While some experts question whether the new rules might not have a negative impact, others claim that the rules do not go far enough in preventing truck and car accidents in Homestead and other US cities. The Advocates for Highway and Auto Safety in Washington argues that truck drivers should be given a continuous 48-hour rest break each week and should be limited to driving only 10 consecutive hours at a time.

Most experts agree that fatigued driving contributed to about 13% of traffic accidents in Homestead and across the country each year. However, there is some disagreement about how best to address the issue.

Continue reading →

Where Can You Get Answers After a Trucking Accident in Tamarac or Your Community?

Published on: July 18, 2013 | By Flaxman Law Group

If you have been in a collision with a commercial truck, the devastation can be immense. This type of truck accident in Tamarac and other communities can cause head injuries, spinal cord injuries, fractures, soft tissue injuries, and other serious injuries. After your accident, you’ll of course want answers. The problem is that in many cases victims of truck and car accidents in Tamarac and other Florida cities have a difficult time finding the answers they need about their accident. If you’re in this situation, there are several things you can do:

1) Talk to your physician. One of the first people you will want to speak with after a serious traffic accident in Tamarac or any community is a physician or medical professional. If you have been seriously injured, you’ll probably be rushed directly to the emergency room. Even if you are not sure whether you have sustained an injury, it is important to get a full checkup. This is especially true if you think you may have sustained a head injury or a soft tissue injury, both of which may not present symptoms right away. A physician can help you understand what your injuries are and what your likely recovery will be like.

2) Talk to the police. If the accident was serious, it is likely that local police will become involved. Try to get a copy of the police report, as this will help you understand what the initial investigation has concluded about the accident. Keep in mind, however, that the objective of the police is to determine whether laws were broken. You may not agree with the findings of the police report and the investigation may not be thorough enough to find all possible causes of an accident.

3) Gather information and documentation. If you’ve been in a truck or traffic accident in Tamarac or any Florida community, it is important to keep careful records and documentation about the accident. Exchange contact insurance information with the other driver involved in the accident. Get contact information for any bystanders or witnesses. Take photos of any car damage, injuries, and any other evidence you may have. If you do decide to pursue a legal claim, this information will be invaluable. Even if you do not decide to pursue a legal claim, this information can help you piece together what has caused an accident.

4) Talk to your insurance provider. Your insurance provider should be one of the first people you speak with after your car or truck accident. An insurance provider will help you understand what sort of insurance compensation you can expect. However, keep in mind that the insurance claims adjuster’s primary loyalty is to the insurance company. You may not get the fairest compensation possible if you accept the first offer made to you.

5) Talk to a personal injury attorney in Tamarac or your community. If you’ve been seriously injured in a truck crash in Tamarac or any Florida community, it is important to contact a personal injury attorney. A personal injury attorney in Tamarac or your community works on your behalf, and can usually investigate the accident in a much more thorough manner then the police or the insurance company. In addition, the attorney will represent you and your interests, fighting for justice, answers, and fair compensation on your behalf.

Continue reading →

Who Is Liable If You Are Injured in a Truck Accident in Hialeah or Another Florida Community?

Published on: July 16, 2013 | By Flaxman Law Group

If you are injured in a truck or car accident in Hialeah or another community, you will of course want answers as well as justice. One of the questions that many traffic accident victims have is “who is responsible for my accident and injuries?” The answer to that question can be complex. When an accident first occurs, police may become involved and may investigate the accident. They will generally reach a conclusion about the at-fault driver. In addition, the insurance carriers for both drivers will usually get involved and determine the at-fault driver themselves.

However, you may not agree with these assessments of what has happened during your traffic collision. You may wish to speak with a personal injury attorney in Hialeah or your community to get more detailed information about what has occurred. Unlike the police or insurance carriers, personal injury attorneys are working on your behalf. If you’ve been accused of causing an accident, or if you believe that the accident and your injuries were caused by someone’s recklessness, a personal injury attorney can work with accident reconstruction experts as well as private investigators to determine what happened during your traffic accident. This can be important for a number of reasons:

•To determine liable parties so that you can pursue a legal claim in order to seek compensation for the cost of your injuries
•To get answers about your accident
•To avoid being wrongfully accused of causing an accident that you did not in fact cause
In many cases, truck accident cases in Hialeah and other Florida communities are quite complex. There may be multiple liable parties, including:

•The motor carrier
•The truck driver
•The manufacturer of the truck or car involved in the accident
•The manufacturer specific car or truck parts
•The municipality responsible for maintaining the roads
There may be additional liable parties as well. Determining the liable parties in your accident is important. If you decide to pursue a legal claim in order to seek compensation, you must find the liable parties in order to pursue them for their recklessness or negligence. If there are multiple liable parties, you may have a better chance of recovering fair compensation for your lost wages, property damage, medical costs, and other expenses. A personal injury attorney can usually help you find answers so that you can focus on healing while the attorney pursues your claim.

Continue reading →

Single-Unit Trucks are also Responsible for Truck Accidents in Homestead and other Communities

Published on: July 13, 2013 | By Flaxman Law Group

The National Transportation Safety Board (NTSB) has recently completed a study about the safety of single unit trucks. These trucks have a weight rating of at least 10,000 pounds but do not have detachable cargo units. Single unit trucks also have axles attached to one frame. These trucks are not subject to all the same safety rules that the federal government applies to tractor-trailers. Nevertheless, 10,000 pounds or more of a single unit truck can still cause a serious truck accident in Homestead or anywhere in the country and can still pose a higher risk than a passenger vehicle due to its size and force.

The NTSB examined single unit truck accident collision data from hospital reports, state records, police reports, case reviews, and federal databases dating from 2005 to 2009. According to the NTSB, about 1800 fatalities across the country each year are attributable to single unit truck collisions. As well, thousands of injuries can be related each year to these types of vehicles.

The study concluded that single unit trucks are part of a “disproportionate number” of multivehicle collisions as well as passenger vehicle fatalities. Each year, these trucks cause permanent injuries, including head injuries in Homestead and other communities across the nation.

As a part of the study, the NTSB recommended that safety rules be changed so that single unit trucks have some of the same federal rules apply to them as tractor-trailers. Specifically, the agency would like to see single unit trucks have rear underride guards as well as safety features that would improve visibility. Single unit truck still have large blind spots, and the agency would like to see additional measures taken to prevent car accidents, bicycle accidents, and pedestrian accidents involving these types of larger trucks. In addition, the agency recommended changing the classification of these trucks, arguing that currently the truck classification for single unit trucks leads to underreporting of accidents involving these vehicles. Finally, the NTSB recommended driver license changes which would require drivers of single unit trucks to have to face some of the same requirements as commercial tractor-trailer truck drivers.

Single unit truck accidents lead to car accidents in Homestead as well as other communities, and according to safety experts and government agencies more can be done to prevent these types of accidents. Tractor-trailers are recognized as potential dangers on the road and a number of federal safety standards have been passed to ensure that drivers and motor carriers of larger trucks must adhere to certain safety standards. However, experts agree that more needs to be done to prevent traffic accidents in Homestead and across the country related to smaller commercial trucks.

Continue reading →

Will New Rules Prevent Truck Accidents in North Miami Beach and Other Communities?

Published on: July 6, 2013 | By Flaxman Law Group

According to the Federal Motor Carrier Safety Administration (FMCSA) and the U.S. Department of Transportation, new federal trucking rules have recently come into effect in an attempt to reduce the number of fatigue-related truck accidents. The news is bound to be a positive step for anyone who is concerned about truck accidents in North Miami Beach and other Florida communities.

The new rules change hours-of-service requirements, reducing the total number of hours commercial truck drivers can work weekly. Under the old rules, commercial truck drivers could have worked up to 82 hours within each seven-day week. With the new rules, that total amount will be reduced to 70 hours per week.

The new rules also require truck drivers to take 30 minute breaks for every 8 hours in the truck. In addition, once truck drivers reach the total 70 hour maximum for the week, they must take a 34 hour break to “restart” their week before they can start another week. According to the FMCSA, truck drivers will only be allowed one restart rest period per weeks, so they cannot exceed the 70 hour workweek by simply “restarting” with a longer break more than once.

Safety experts predict that the rules will make the streets safer, especially since many truck and car accidents have been linked to fatigued driving. The changes will mean that truck drivers will have to take more breaks rather than driving more. For motor carriers, the rule changes can mean some new challenges. It may mean calling in standby help or making scheduling changes to accommodate the new regulations. For truck drivers, it may mean a smaller paycheck as hours are reduced and as motor carriers absorb the cost of hiring new drivers. Many motor carriers, however, have told the media that they agree with the changes.

According to the U.S. Department of Transportation, about 13% of commercial truck accidents each year involve driver fatigue. While the total number of truck accidents across the country has decreased in recent years, authorities agree that these types of changes are still needed to further reduce traffic collisions in North Miami Beach and other communities.

The new rules went into effect across the country on July 1. It may take months or years to fully see the effect of these changes on the number of truck and car accidents in North Miami Beach and other communities. However, many are pleased to see the changes and are encouraging authorities to pass additional rules to keep streets safer.

Continue reading →

Truck Drivers Get Serious About Health to Prevent Truck Accidents in Miami and Other Florida Cities

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

There is a well-established link between truck driver health and truck safety. Truck drivers in poor physical shape are more likely to suffer from sleep apnea, obesity, heart disease, and other medical conditions that can eventually lead to truck accidents in Miami and other communities. Unfortunately, commercial truck drivers also tend to have one of the least healthy lifestyles among the working classes. Shift work, frequent travel, long days of sitting, stress, and poor eating on the road can all contribute to poor health and can eventually lead to truck and car accidents in Miami and other cities.

Fortunately, some commercial truck drivers are striking back against the unhealthy lifestyle. Through groups such as Driving Healthy, The Healthy Trucker, and others, commercial truck drivers are making important lifestyle changes to lose weight and get healthier so that they can stay safer on the roads. According to safety experts, truck drivers can do this by:

1) Getting exercise. One of the biggest risk factors associated with trucking is that truck drivers spend hours each day sitting and driving. Studies have shown that workers who sit for more than eight hours per day have a higher risk of heart disease and earlier death. To exercise, truck drivers need to stay motivated and they need to fit in workouts in small increments – while a truck is being loaded or fueled up, for instance, or before the day starts. Some truck drivers use social media or a journal to keep track of exercise so that they stay motivated to work out each day.

2) Making the best food choices possible. One of the biggest challenges to truck driver health is diet. Many truck drivers grab fast food, which is inexpensive and convenient, but also contains a lot of fat and calories with very little nutritious value. Few truck drivers can cook in their trucks, and relying on fast food can lead to obesity and health problems, which in turn can increase a truck driver’s risk of traffic accidents in Miami and other communities. Some truck drivers are stocking up on healthier no-cook options in grocery stores. Foods such as fresh fruit and salads from a salad bar can be a better option than hamburgers. Truck drivers who have an inverter in their truck can cook using portable kitchen appliances and many truck drivers also use slow cookers in their cabs to cook up their own meals rather than relying on junk foods.

3) Getting regular check-ups. Since commercial truck drivers travel a lot, visiting the doctor regularly can be a challenge. However, making an effort to visit clinics and to get regular check-ups can ensure that any health problems are caught and treated early – before they become a real danger.

4) Avoiding smoking, excessive caffeine, and other stimulants. Truck drivers who have deadlines to meet will sometimes use stimulants to stay awake, but these are very unhealthy and put extra stress on the heart and on the entire body. Adequate rest and sleep is the best option for staying healthy.

Continue reading →

What Can the Average Person Do to Reduce Their Truck Accident Risk in Fort Lauderdale or Their Community?

Published on: June 20, 2013 | By Flaxman Law Group

Legislators spend considerable amounts of time creating new rules and regulations to prevent truck accidents in Fort Lauderdale and other US communities. However, even if you are not a lawmaker, there are many things you can do to prevent these types of accidents from occurring:

1) Find out more. Educate yourself about legislation that is designed to prevent truck and traffic accidents. This summer, for example, many communities are passing new laws concerning food trucks. Find out about the issues and write to your elected representatives with your views. You can determine which issues your elected representatives champion by being vocal about how important traffic safety is to you.

2) Take a stand. Groups such as Advocates for Highway and Auto Safety and other organizations work to raise awareness about issues that affect driver and truck safety. You can join one of these groups or support them by volunteering in order to help raise more awareness and in order to put more pressure on lawmakers to pass laws to prevent truck and car collisions in Fort Lauderdale and across the country.

3) Take a look at your own driving habits. Research has shown that traffic collisions in Fort Lauderdale and other communities involving trucks and passenger cars are more likely to be caused by the passenger car driver. In large part, this is because commercial truck drivers have more experience on the roads, are subject to stricter regulations, and see more training than the average motorist. A significant part of preventing car accidents, therefore, is making sure that you are as safe as possible when driving so that you can prevent collisions.

4) Report dangerous driving when you see it. Most commercial trucks have bumper stickers and toll-free numbers right on the trucks themselves so that motorists can report bad driving. If you see a truck driver or another motorist who appears to be driving erratically or may be inebriated, you will want to call 911. You may end up preventing a drunk driving collision in Fort Lauderdale or your community.

5) Pass on the message. Share your concerns about truck safety and your ideas for preventing accidents with others. If you are part of a homeowners association, for example, you may want to find ways to make your own neighborhood streets safer. If you have children, you can make sure that your children learn road safety early so that they can avoid bicycle accidents in Fort Lauderdale or your community and eventually become safe drivers.

Many people assume that there is little they can do to affect the rate of traffic accidents in their community, but this is simply not true. Even small efforts can eventually yield big results.

Continue reading →

Shift Work a Real Issue in Terms of Truck Accident Risks in Miami and Other Cities

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

Large cities such as Miami pride themselves on working around the clock. No matter what time it is in Miami, chances are that someone is working. While that means convenience for the customer, a 2012 study published in the British Medical Journal finds that shift workers – especially truck drivers – are at an increased risk of accidents and illness due to their work. Quite simply, working shifts can increase the risk of a truck accident in Miami and other communities.

The risk for truck drivers is that they often work in ever-changing shifts to accommodate deadlines set by motor carriers. They may have to drive late at night one week and work days the next. According to researchers, truck drivers and those employees who work shifts are more prone to a number of illnesses, including:

•Strokes
•Heart attacks
•Obesity
•High Cholesterol
•Diabetes
•Sleep Apnea
•High blood sugar
•Arthritis
•Joint and Back Pain
According to the study’s authors, the issue is that shift work leads to a breakdown in the nervous system, which can result in these types of serious illnesses. In truck drivers, an additional problem is that drivers sit down for much of their work and due to hectic schedules may not get much exercise, which further puts them at risk.

Shift work can also result in serious fatigue, and as numerous studies have shown, fatigued driving results in many truck and car collisions in Miami and across the country. Of course, when truck drivers have serious health issues, they are even at greater risk of being in a traffic accident in Miami or another city. If a truck driver has a stroke or heart attack behind the wheel, the resulting loss of control of the truck can cause a devastating crash that claims many lives. Even non-life-threatening illnesses, such as sleep apnea, are very serious for truck drivers because they can cause the driver to lose control of their vehicle and cause a crash.

The study in the British Medical Journal suggests that truck drivers and other shift workers can be protected from some of the dangerous effects of shift work if:

•The work schedule is limited to 12 hours
•Workers are given two full nights of sleep before a night shift and day shift
•Workers are not made to work a night shift permanently
One of the obstacles with truck drivers is that in many cases drivers face pressure at work to drive for longer distances and work longer hours in order to meet deadlines. Although there are federal rules in place to prevent truck drivers from working exceedingly long hours, these rules are sometimes broken. In too many cases, this results in serious traffic collisions in Miami and across the country.

Continue reading →

Best Steps to Take if You Are in a Car or Truck Accident in Coral Gables or Any Florida Community

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

Each year, over 200 000 car accidents occur in Florida, some of them in Coral Gables and surrounding communities. While many are quite minor, some result in serious injuries. Some passengers become life-long spinal cord injury or head injury patients in Coral Gables or their communities, for example, never fully recovering from their injuries. Truck accidents involving passenger cars can be especially devastating. Due to the difference in size between commercial trucks and passenger cars, passenger car occupants involved in this type of crash are more likely to suffer serious or even fatal injuries.

If you have been injured in a truck or car accident in Coral Gables or any city in Florida, there are several steps you will want to take to preserve your rights:

1) Be prepared well before the accident. Well before you are in any accident, it is important to consider the steps you need to take to protect yourself and your family. Buy the safest car you can and keep in good shape – this may reduce your risk of some injuries. Wear a seatbelt each time you drive. Buy the best quality car insurance you can afford. Every few years, review your insurance to make sure your insurance plan still meets your current needs. In addition, have an accident kit in your car. Your kit should contain a blanket, first aid kit, pen and paper, a camera, a list of medical information and emergency contacts, emergency flares or cones, and a flashlight. If you are ever in an accident, this kit can be very useful.

2) If you are in an accident, stick to the facts. If the accident is not life threatening, move your car off to the side of the road. Call for help for anyone who is seriously injured and exchange information with the other driver. Avoid getting into a debate with the driver about what has happened or what has caused the accident.

3) Gather information. In addition to the contact information and vehicle information of anyone else involved in the truck crash, you may want to get contact information from possible witnesses. Get a copy of the police report and any medical records you can about your situation. Take photos of the accident scene if you can as well as photos of your damages and injuries.

4) Get medical attention, even if you do not have symptoms. This is especially important if the accident was serious or if you may have hit your head during the car collision. Some conditions do not present symptoms right away, and if you wait for treatment you may complicate the condition.

5) Call your insurance company soon after the accident. You will want to get the insurance process started.

6) Call a personal injury attorney. A personal injury attorney in Coral Gables or your community can review the situation with you and can help you understand whether you are entitled to damages from the accident. Many attorneys do not charge for a first consultation so you have nothing to lose from getting some legal advice about your situation.

Continue reading →