Item: Flaxman Law Group
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Author: Clara Barman

Could New Laws and Studies Help Reduce Instances of Truck Accidents in Davie and Across The Country?

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

Rep. James McGovern (D-MA) and Sen. Frank Lautenberg (D-NJ) are supporting the Safe Highways and Infrastructure Preservation Act (SHIPA) on Capitol Hill. The legislation would prevent more carriers from operating overweight trucks and would prevent increases in truck weight limits and truck sizes. The bill, which is supported by the Truck Safety Coalition, would also increase enforcement of current truck laws and would expand the number of highways where truck limits are currently used.

Many groups and safety advocates agree that more needs to be done about overweight and oversize trucks on the nation’s highways. According to advocacy group Citizens for Reliable and Safe Highways (CRASH), about 4000 Americans are killed each year and many more are seriously injured due to truck accidents. According to the group, heavy trucks are a major cause for concern for anyone wanting to prevent serious traffic accidents in Davie and any community across the nation.

Industry experts, however, note that studies have not conclusively proven that larger trucks result in more accidents. They also note that limiting the size and weight of trucks will eventually mean more trucks on the road, as consumer good deliveries and industrial deliveries increase. More trucks can also mean more accidents. Moreover, some safety experts note that truck drivers and truck carriers are already subject to many rules and regulations designed to protect others on the road. This has led some to suggest more rules for drivers of passenger cars to help prevent traffic accidents.

While legislators and advocacy groups seek solutions for car and truck accidents in Davie and across the country, the Federal Highway Administration has announced plans for a study about truck weight limits and truck sizes. The study is to be completed by November 2014.

Whether the new bills pass or not, there are still many things that people can do to help prevent truck and car accidents in Davie and other communities:

•Write to local representatives to express support for bills that may help reduce traffic accidents
•Hone your own driving skills to prevent accidents
•Drive only when sober and alert
•Join an advocacy group aimed at raising awareness about traffic issues
•Consult your community about any high-risk road areas or poorly maintained streets
•Keep your car in good condition
•Report trucks that are in poor condition or driving dangerously
•Obey the rules of the road

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Common Mistakes That Can Lead to a Truck Accident in Miami Gardens and Other Florida Cities

Published on: May 29, 2013 | By Flaxman Law Group

A few common mistakes that drivers make tend to cause a significant portion of car and truck accidents in Miami Gardens and other Florida communities. These mistakes are:

1) Cars overtaking a truck on the left where there are two lanes. This commonly occurs on merge lanes and in situations where merge lanes end. In some cases, a car will try to pass the truck, only to have the truck sideswipe the vehicle because the truck driver cannot see the smaller car.

2) Speeding. Trucks take longer to slow down and stop when compared with passenger cars, so when cars speed around commercial trucks collisions can easily happen. When trucks speed, they can rollover and when speeding truck drivers can lose control of the vehicle. When cars speed, they can cause serious collisions with other vehicles on the road.

3) Not being in mental or physical shape to drive. Driving is one of the most tasking thing most of us do every day. Being ill, tired, distracted, inebriated, or otherwise unable to drive can result in a collision. To prevent truck and car accidents in Miami Gardens and across the country, there are federal rules governing truck drivers. For example, truck drivers must get specific amounts of rest, are subject to drug and health checks, and must not text while driving. The rules are far less strict for passenger car drivers. Nevertheless, both passenger car and truck drivers have a responsibility to prevent drunk driving accidents in Miami Gardens and other communities as well as other types of preventable accidents caused by fatigue, distraction, and other issues.

4) Following too closely. Trucks take extra time to stop, so following a truck too closely or being followed too closely by a truck can lead to collisions. When trucks follow passenger cars too closely, for example, override accidents in Miami Gardens and other communities are a common result. When the passenger can has to stop suddenly, the truck often cannot stop in time, resulting in an override. When cars tailgate trucks, the bulk of the truck hampers visibility and if the truck has to make a sudden stop, a rear-end collision in the likely result.

5) Not following traffic laws. Some drivers take shortcuts, running the occasional stop sign or not signaling properly. The traffic laws, lights, and signs are there for a reason. Ignoring them, even occasionally, dramatically increases the risk of an accident.

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Bridge Collapses and Truck Accidents in Fort Lauderdale and Other Florida Communities

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

The collapse of the Interstate 5 bridge in Washington state has created a renewed focus on bridge and truck safety. Residents in Fort Lauderdale – a city with many canals, waterways, and bridges – may be especially interested. The Interstate 5 bridge collapse occurred after a truck passed over the bridge. Some news reports suggested that the truck (which was carrying a large load) may have struck a girder just before the structure collapsed.

Are bridge collapses and truck accidents in Fort Lauderdale something that needs to be addressed?

According to the Federal Highway Administration, one-fourth of the bridges across the US are functionally obsolete or structurally deficient in some way. Some risky bridges are called “fracture critical” bridges because if one component is compromised in the structures the entire bridge can collapse. According to news reports, the Interstate 5 bridge was in this category. However, it was not considered structurally deficient, which means it was not eligible for repair funding from the government.

Fracture critical bridges are less expensive to build than bridges with redundancies that provide an extra layer of safety. For this reason, about 18,000 of these types of bridges were constructed between the 1950s and 1970s. The Interstate 5 bridge is considered obsolete but many bridges around the country are considered to be in even worse shape – and in some cases there are no immediate plans to fix these structures. Governments claim that there is not enough money available to fix all the bridges that have poor ratings.

In the collapse of the Interstate 5 bridge, victims were fortunate in that no-one suffered life-threatening injuries. However, drivers who were on the bridge did suffer some injuries. In the I-35W bridge collapse in Minneapolis in 2007, more than 100 people were injured and 13 were killed.

If you are involved in a traffic accident in Fort Lauderdale or any community due to a collapsed bridged, you may suffer soft tissue injuries, spinal injuries, head trauma, fractures, and other potentially life-threatening injuries. If you are involved in a car accident in Fort Lauderdale or any community due to a collapsing bridge, it is important to consult with a personal injury attorney. In cases where states and municipalities, especially, know about the safety issues with bridges and fail to act on them, there may be multiple liable parties in these cases, which can increase the chances that you will be able to secure fair compensation that can help pay for property damages, lost wages, medical costs, and other high costs associated with this type of accident. If you have been injured due to a defect in a bridge, contact a personal injury attorney in Fort Lauderdale or your community to get immediate legal advice.

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Causes of Truck Accidents in Miramar and Other Cities

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

The Federal Motor Carrier Safety Administration (FMCSA) has examined more than 140 000 truck accidents occurring on US roads between 2001 and 2003. The FMSCA has concluded that 68 000 of these accidents were caused by truck drivers, 2000 could be attributed to the weather or the environment, and 8000 were caused mostly by the truck. The specific most common causes for accidents were found to be:

1) Interrupted traffic flow. Trucks take longer to stop than smaller vehicles, and this fact causes many car and truck accidents in Miramar and other communities. When vehicles follow trucks too closely and traffic is stopping and starting (during a traffic jam, for example), collisions can easily occur.

2) Lack of familiarity with an area. Truck drivers often have to make deliveries to a range of locations, including areas they are not familiar with. Lack of familiarity with an area can easily lead to an accident, especially if the truck driver is looking for a specific address and is on a tight deadline.

3) Inadequate surveillance.

4) Speeding. Speeding is dangerous for any vehicle on the road, but can be especially dangerous for commercial trucks, which can rollover when driven too fast. Speeding can also cause a truck driver to lose control of the vehicle, leading to a truck or car accident.

5) Illegal traffic maneuvers. Many truck and car accidents in Miramar and other communities occur because motorists simply violate traffic laws, assuming that they will not be caught.

6) Distraction and inattention. According to the FMCSA, 22 000 truck accidents between 2001 and 2003 were caused by driver inattention or distraction. Distraction can be caused by a range of issues, including rubbernecking, mobile device use, and other distractions.

7) Fatigue. Fatigued driving is a leading cause of traffic accidents in Miramar and across Southern Florida. FMCSA rules require commercial truck drivers to get a specific amount of rest during long-haul trips. However, in some cases drivers have sleep conditions that prevent them from getting adequate rest. In other cases, drivers simply ignore the rules due to financial pressure or other pressure from the motor carrier to make deliveries on time.

8) Illness. Medical emergencies and illnesses can cause a truck driver to have a serious medical event – including a stroke, heart attack, or other serious event – while driving. Even minor conditions – such as a bad flu – can slow response times and can lead to a collision.

9) Incorrect prediction of another driver’s actions. Truck drivers always need to be anticipating the moves of drivers around them. When truck drivers fail to notice signal lights, misjudge the speed of other vehicles, or otherwise misinterpret the visual cues around them, a serious accident can result.

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Truck Drivers May Have a Hard Time Recovering for Their Injuries after a Truck Accident in South Miami

Published on: May 9, 2013 | By Flaxman Law Group

Truck drivers who are injured on the job and sustain injuries in a truck accident in South Miami and other Florida cities sometimes have a hard time recovering fair compensation for their injuries. Commercial truck drivers are protected by Florida law and usually have benefits and protections through their jobs, but sometimes still find themselves in financial distress after a serious traffic collision. There are a number of reasons for this:

1) Motor carriers and insurance companies are powerful companies with teams of attorneys on their side. In many cases, motor carriers want to blame the accident on the driver and insurance companies want to settle claims quickly and inexpensively. If the truck driver has sustained a serious injury, such as a fracture, burn, or head injury in South Miami or another community in a collision, however, the cost of their injuries may be quite high. The amount offered by insurance and by motor carriers may not cover the full cost of their injuries.

2) Truck accident injuries for drivers tend to be catastrophic. In most car accidents in South Miami involving a truck, it is the car passengers who suffer the most serious injuries. The size and force of a truck can ensure that those in the smaller vehicle are seriously injured. However, in truck accidents involving injuries to the truck driver, the truck accidents are usually catastrophic and involve a fuel tank fire, rollover, or other catastrophic event that results in serious injuries. In many cases, insurance does not cover the long-term cost of these injuries, and truck drivers may need to seek the help of a personal injury attorney in South Miami or their community in order to get fair compensation.

3) Truck accident injuries for drivers are on the work injuries. This means that they are very often carefully scrutinized. At the same time, while these injuries may be covered by workers compensation in South Miami or in the community where the accident took place, workers compensation may not cover the high cost of these injuries.

4) In many cases, truck drivers are blamed for the accident. This can affect how much money the truck driver can expect to receive in compensation – even if that accident was not in fact their fault. It often means that truck drivers have to work with a personal injury attorney in order to get details about what has really caused an accident.

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Types of Injuries Commercial Drivers Can Sustain in Truck Crashes in North Miami

Published on: May 7, 2013 | By Flaxman Law Group

In most truck accidents in North Miami and Florida, passengers of the smaller cars involved in the collision are the ones most likely to suffer severe injuries. Each year, car passengers sustain serious tissue injuries, spinal cord injuries, burns, and head injuries in North Miami and across Florida due to truck accidents. The size and force of a truck is simply no match for a passenger vehicle, and passengers in smaller cars are likely to bear the brunt of the accident.

However, while truck drivers are more protected by their larger vehicle and by their cabs, truck driver fatalities do occur each year as a result of truck accidents in North Miami and other communities. In fact, long haul truck driving is considered among the more dangerous of professions because truck drivers can and do sustain serious injuries, including spinal cord injuries, burns, and fatalities each year.

According to statistics:

-Close to 600 truck drivers die annually in accidents on highways
-About 55% of all semi-truck accidents in which a driver is killed occur due to rollover accidents
-Driving flatbeds and tankers is considered one of the most dangerous jobs
-About 10% of all semi-truck accidents in which a driver is killed occur due to fuel oil fires
Fires are an especial concern for truck drivers working with tankers. Tankers may travel with 100 gallons of diesel fuel or other flammables, and while these materials are protected and while diesel oil is hard to ignite, when it does happen fatalities are likely. In most cases, diesel oil does not ignite because of a ruptured tank but rather because of a shorting out or damage of the battery box. Once the fuel does catch on fire, explosions can easily occur and in many cases a driver may have only seconds to escape the truck before sustaining life-threatening injury. In cases where a truck is carrying hazardous and flammable materials, a fire can cause wide-spread damage and serious injury to the driver and to many others in the vicinity. Due to the amount of fuel the average tanker carries, a fire involving a truck often burns fast and hot and can quickly get out of control.

Another issue that causes truck accidents and fatalities is rollovers. Commercial trucks are much more prone to rollovers than cars. Half-empty tankers are more prone to rollovers than semis and other large trucks. Speeding, road unevenness, and sharp turns can all increase the odds of a rollover. On slopes and in other higher-risk conditions, rollovers can occur even at speeds of 5 mph. In many cases, a cab does not offer adequate protection for the driver when a rollover occurs in North Miami or another community. In these types of accidents, the truck driver is likely to sustain head injuries and other serious injuries.

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New Study Could Suggest That Caffeine May Prevent Some Truck Accidents in Miami Springs and Other Communities

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

An Australian study published recently in the British Medical Journal found that truck drivers who consumed caffeine were less likely than other motorists to be involved in crashes, even when lack of sleep and other factors were accounted for. The study looked at 530 long distance commercial truck drivers who were involved in a crash between 2008 and 2011 and an additional 517 truck drivers who had not had an accident in the past twelve months. The researchers at The George Institute at the University of Sydney conducted interviews to determine how much caffeine each truck driver consumed as well as the health and demographics of each driver.

According to researchers, 85% of truck drivers who were involved in accidents didn’t consume energy drinks regularly. 78% of truck drivers involved in accidents did not drink any caffeine. However, 51% of truck drivers who did not have an accident in the past year didn’t drink caffeine.

The research is compelling, but could caffeine really help prevent truck accidents in Miami Springs and across Florida? The researchers from the study agree that more research needs to be done about the effects of caffeine on fatigued driving and truck accidents. Most experts also agree that fatigued driving is a leading cause of truck accidents and car accidents in Miami Springs and across the country. Fatigued driving causes many dangerous situations for drivers:

1) Fatigued driving slows response times. According to some research studies, response times of heavily fatigued drivers are similar to those of drunk drivers. However, while there is a great deal of education and a great deal of social pressure not to drink and drive, fatigued driving is just seen as a reality caused by hectic lifestyles. Not all drivers are aware of the risks of driving when sleepy.

2) Fatigued driving increases the risk of driver errors. We are all more likely to make errors when we are tired, but making errors behind the wheel can lead to a serious pedestrian accident in Miami Springs or your community. Drivers who are tired may make obvious errors such as failing to signal, changing lanes without checking for oncoming traffic, ignoring traffic lights, and other major mistakes.

3) Fatigued drivers may fall into micro sleeps. According to sleep disorder experts, when the human body is very tired, it shuts down for very small increments of time – often just seconds or fractions of a second – as it struggles to cope with extreme fatigue. Unfortunately, when this happens behind the wheel of a car, it can cause a serious traffic accident.

4) Fatigued drivers may fall asleep at the wheel. Each year, traffic accidents in Miami Springs and across the country occur because a driver falls asleep behind the wheel of their truck or car and heads into oncoming traffic or another vehicle.

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Should Motorists be Subject to the Same Laws as Truck Drivers to Prevent Truck Accidents in Miami Lakes?

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

Many experts believe that one of the reasons why car and truck accidents in Miami Lakes and other Florida communities are so prevalent is because car drivers are not subject to the same strict rules as commercial truck drivers. Car drivers are in fact allowed to text and drive in Florida, are allowed to drive fatigued, and can engage in a number of driver behaviors that put them – and others on the road — at risk. There are many laws that could potentially help reduce the instances of truck and car accidents in Miami Lakes and other Florida communities if they were applied both to commercial truck drivers and passenger car drivers:

1) No texting. Florida has been trying to pass a texting ban for regular drivers for years. There is currently legislation working its way through the system to potentially ban texting for drivers, but similar legislation has failed in the past. In contrast, government employees and commercial truck drivers, by federal law, are not allowed to text and drive. Numerous studies have shown that drivers who text and drive remove their eyes from the road for long enough to potentially cause a serious pedestrian accident or another type of collision. Many experts believe that instituting a texting ban could help prevent many types of traffic accidents in Miami Lakes and across Florida.

2) Screening and added education. Currently, in order to get a driver’s license in Florida, drivers must only get minimal training and spend some time in a car with a driving instructor. There is no requirement for refresher courses or additional training once a driver is licensed. In contrast, commercial drivers need to undertake very thorough testing and extensive education in order to drive a commercial truck. Most drivers also must take refresher courses and take part in continuing education in order to maintain their commercial driver’s license. Some experts feel that additional mandatory driver training for passenger drivers as well as refresher courses would help drivers stay safe on the road. After all, driving conditions, traffic, car designs, and driving ability change over a lifetime. Refresher courses would help address some of these changes and would help keep drivers safer.

3) Rules regarding fatigue. Commercial truck drivers are subject to federal rules concerning how long they can drive before taking a break and are subject to rules concerning the number of breaks and the length of breaks they must take before starting to drive again. In contrast, there are no set rules available for passenger car drivers, even though fatigued driving causes multiple pedestrian accidents in Miami Lakes and other communities as well as other types of traffic accidents. Experts agree that laws regarding fatigued driving would be difficult to enforce, but reducing the number of fatigued drivers on the road would also help make the roadways safer for everyone.

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The Laws that Protect You and the Laws that Can Prevent Truck Accidents in Miami Gardens

Published on: April 23, 2013 | By Flaxman Law Group

There are many federal and state laws that are designed to protect you after a truck accident in Miami Gardens or anywhere in Florida. There are also a number of laws are designed to help prevent traffic accidents caused by commercial trucks. These laws include:

1) Laws regarding safe loading of trucks. Laws require truck carriers and those responsible for loading to carefully load and secure cargo onto trucks in a way that reduces the risk of rollovers and other types of truck accidents. Drivers, loaders, and motor carriers are responsible for ensuring that cargo is securely tied to the truck and is properly loaded. There are also strict laws concerning how much a cargo truck can carry. Weight scales on highways are designed to ensure that truck drivers do not overload their trucks, which can increase the risk of rollovers, brake failure, tire blowouts, and other types of traffic accidents.

2) Laws regarding screening of truck drivers. Laws require truck drivers to be carefully screened. Commercial truck drivers must pass extensive written test as well as road tests and must receive proper training in order to drive commercial vehicles. In addition, truck drivers are subject to health checks and drug and alcohol screening. This can make them safer than passenger car drivers, who are not subject to these types of laws. Statistics bear this out – drivers of passengers cars are more likely to be charged with DUI than commercial drivers. Motor carriers have a financial incentive for ensuring that they hire safe drivers with excellent records – riskier drivers are more likely to result in expensive lawsuits and increased insurance rates for motor carriers.

3) Laws regarding how long truck drivers can drive. Truck drivers are subject to many federal rules regarding how long they can drive before taking rests as well as the length of their rest periods. In contrast, passenger car drivers have no laws regarding fatigued driving or even distracted driving. In Florida, passenger car drivers are even allowed to text and drive, while federal laws prevent commercial truck drivers from engaging in this sort of risky activity. If a passenger car driver causes a car accident in Miami Gardens because they’re distracted or are fatigued, they may be charged with reckless driving.

4) Personal injury laws. Personal injury laws ensure that if a person is injured in a truck accident in Miami Gardens or anywhere in Florida, they can pursue a legal claim against those responsible for the accident. They can seek a claim against the motor carrier, truck driver, and other liable parties in order to seek compensation for lost wages, medical bills, and other costs. If you’ve been injured in a truck accident, it is often a good idea to consult with a personal injury attorney in Miami Gardens or your community for legal advice.

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Who is Responsible for Truck Accidents in Miami Beach?

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

Over the past three and a half decades, truck accident fatalities across the country have declined dramatically, but experts say that much still needs to be done to make the roads even safer. According to personal injury attorneys in Miami Beach, one way to reduce the number of truck accidents in Miami Beach and other communities is to pursue those who are responsible or liable for accidents. In many cases, holding liable parties accountable for accidents helps to bring about important safety changes while also securing fair compensation for victims who sustain serious injuries in a collision.

Who is responsible for traffic accidents in Miami Beach and other communities? Traditionally, passenger car drivers have taken the brunt of the blame. According to 2002 research from the AAA, four out of five car crashes involving trucks are caused by passenger car drivers. In 2010, the U.S. Department of Transportation reported that 87% of all head-on crashes involving commercial trucks were caused by passenger car drivers.
According to experts, there are many reasons why car drivers cause so many crashes:

1) Truck drivers must pass driving tests and written tests to get a license. Getting a commercial driver’s license requires much more practical knowledge and testing. In contrast, getting a driver’s license for a passenger vehicle is usually a fairly simple process. In fact, teens and new drivers applying for a driver’s license may need less than a dozen hours of in-car training in some states in order to get a license, and in some cases that instruction does not include one-on-one instruction but rather instruction with a group of other learners. Although experts agree that graduated licensing and increased requirements for driver’s licenses for passenger cars can help reduce the number of car accidents in Miami Beach and across Florida, experts also agree that more must be done to ensure that new drivers get plenty of experience and instruction in order to build good driving habits.

2) Truck drivers in many cases drive over 10 000 miles monthly, making them the more experienced drivers on the road. Passenger car drivers may not drive as much, and this lack of experience can lead to traffic accidents in Miami Beach and across Florida. Lack of experience is one reason why teen drivers have higher crash rates than older drivers, for example.

3) Car drivers do not get ongoing driver education. Most motor carriers offer cash incentives to drivers with good safety records and an interest in more training. Drivers with poor safety records have a harder time finding employment. In contrast, many passenger car drivers only get instruction once – when they apply for their driver’s license. In fact, many drivers on the road in Florida got their driver’s license decades ago, and have not received additional or supplementary training even though traffic laws, traffic conditions, and driving conditions have changed substantially in that time period. Experts agree that ongoing training for drivers as well as refresher courses might help prevent traffic accidents.

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