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

Reducing Road Stress Could Help Reduce Instances of Car and Truck Accidents in Coral Gables

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

According to the National Council on Compensation Insurance, traffic accident injuries and fatalities have dropped over the past few years, largely because unemployment means that fewer people drive to work and there are fewer trucks and shipments on the road. As the economy recovers, there is more road traffic and fewer people using public transport, and that can increase the risk of accidents. In Coral Gables and South Florida, the recovering economy can also mean more tourists and more traffic during certain seasons, which can also increase the risk of collisions.

Added traffic on the roads and less use of public transportation can mean more stress on the roads. At a time when many drivers are driving longer distances in order to take advantage of more job opportunities, especially, driver stress during commutes is a real concern – and can be a cause of car and truck accidents in Coral Gables and other Florida communities. To help protect yourself, make sure that you:

1) Avoid distracted driving. If you suddenly have to drive further to work because of a new job or if you are returning to driving after using public transportation for a while, it may be tempting to find something to do while you drive. However, distracted driving is a key cause of truck and car accidents in Coral Gables and across Florida. When you get behind the wheel of a car, make sure that you can focus fully on the drive.

2) Spread out driving responsibility. If you must drive a lot, consider taking public transport part of the time or carpooling. These options are not only more environmentally friendly and cost conscious, but they can also reduce driver stress, road rage, and the risk of traffic accidents in Coral Gables or your community. When you allow someone else to drive part of the time, you can read a newspaper, focus on your mobile device, or get other tasks done while commuting. Having someone else take care of the driving part of the time also reduces the amount of driver stress you experience and may reduce your risk of a crash.

3) Take care of your health and never drive tired. During the morning commute, especially, fatigue, stress, and illness can be a disastrous combination that can lead to a car collision. When you have to share the road with trucks, especially, you need to stay alert because these larger vehicles take longer to break and stop. If you’re tired, unwell, or are not feeling at your best, it is best to take public transport or rely on someone else to drive you to your destination.

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Jackknife Truck Accidents in South Miami and Other Florida Cities

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

Jackknife truck accidents occur when the tractor and the trailer of a commercial truck form an “L” or “V” shape because the two components fall out of sync with each other. These types of truck accidents are often caused by:

1) Bad weather. Bad weather – such as slippery roads – can cause truck drivers to lose control of their car. In many cases, this can cause a car or truck accident in South Miami or another Florida city. The size and force of a commercial truck is much larger than that of a passenger car, so when a truck slips on the roads, the results can be devastating. Commercial trucks may also be more subject to these issues because fully loaded trucks place severe strain on truck tires. Truck tires can wear down more readily than typical tires if a truck is overloaded, and worn-down tires can put a truck more at risk of accidents.

2) Speeding. Another common cause of truck accidents and car accidents in South Miami and other South Florida cities is speeding. With a commercial truck, especially, speeding can be extremely dangerous. Trucks take longer to stop when compared with smaller vehicles, so speeding can make it impossible for a truck driver to react in time in order to prevent a collision. In addition, the size and weight of a truck can easily cause the truck driver to lose control of the vehicle if he or she is speeding. Speeding also places additional pressure on truck tires and brakes, increasing the risk of a tire blowout or brake failure, which can also cause a truck to veer out of control and jackknife.

3) Road problems. Road issues – including significant potholes, roadwork, and incorrect maintenance of roads – can cause a truck to lose control and can result in a devastating truck accident. In cases where road problems contribute to a traffic accident in South Miami or another South Florida community, injured parties do have the right to seek compensation. They can seek compensation against the truck motor carrier, the truck driver, and even the municipality where the accident took place and where the road was not correctly maintained.

Truck accidents in South Miami and across South Florida cause devastating injuries and fatalities each year. Victims who suffer broken bones, soft tissue injuries, spinal cord injuries, and head injuries in South Miami and other communities due to truck accidents may lose wages and work and may face devastating medical costs. In some cases, pursuing a legal claim can help victims recover these costs so that they do not need to pay them out of pocket. Although car insurance can cover some of the costs, many victims find they have trouble recovering compensation for long-term costs and damages without an attorney. An attorney can launch a legal claim, can advise you of your rights, and can even negotiate with insurance carriers for a fairer insurance amount.

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What Causes Truck Collisions in Miami Springs and Across Florida?

Published on: April 2, 2013 | By Flaxman Law Group

According to the Federal Motor Carrier Safety Administration (FMCSA), about 77 000 truck accidents across the country each year are caused by truck driver error. The most common errors, according to the FMCSA, are:

1) Prescription drug use. According to the FMCSA, about 26% of truck accidents are caused by prescription drugs. While truck drivers are subject to strict rules regarding the use of illegal substances and drugs, some drivers do not investigate over-the-counter and prescription medication, which can cause serious side effects such as drowsiness and fatigue. Illegal and legal drugs cause many truck and car accidents in Miami Springs and Florida each year.

2) Speeding. The FMCSA reports that 23% of truck accidents are linked to speeding. FMCSA had strict rules about speeding, including regulation 392.6: “No motor carrier shall…require the operation of any commercial motor vehicle…in such period of time as would necessitate the commercial motor vehicle being operated at speeds greater than those prescribed by the jurisdictions in or through which the commercial motor vehicle is being operated.” However, truck drivers sometimes feel pressured to speed in order to meet deadlines or in order to earn a fairer wage.

3) Map reading. This common cause of accidents causes 22% of truck collisions. Truck drivers often must make deliveries to areas they may not be familiar with and this requires them to read a map or use GPS. When truck drivers take their eyes off the road to read a map, car and truck accidents in Miami Springs are likely. Some experts believe that voice-activated GPS devices can help, but other experts warn that the devices can be just as distracting.

4) Use of over-the-counter medications. The FMCSA reports that this contributes to 18% of truck accidents.

5) Fatigued driving. This factor contributes to 13% of truck accidents on a national scale. Truck drivers may be especially prone to fatigued driving because they are on the road for long periods of time, must make deadlines, and often lead a fairly sedentary lifestyle.

6) Not obeying the rules of the road. According to the FMCSA, this contributes to 9% of truck accidents. Violation of traffic rules leads to many traffic accidents in Miami Springs and across the country. While truck drivers are especially trained to obey traffic rules – and while the consequences for breaking the rules are more serious for truck drivers than for the average motorist – truck drivers do sometimes speed, run red lights, or break other rules of the road.

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What Puts Truckers in North Miami and Other Florida Cities at Risk of Fatigue-Related Accidents?

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

Truck drivers face a lot of pressure on the job, and unfortunately there are news items almost every month about truck drivers who have caused a serious accident or even fatalities by falling asleep at the wheel. Fatigue-related related truck accidents in North Miami and across South Florida are a fact of life. However, most of the reasons behind these accidents are completely preventable. Fatigue-related traffic accidents in North Miami and Florida are most often caused by:

1) Sleep apnea. Sleep apnea is a serious condition that can affect anyone. Sufferers face interrupted sleep throughout the night, but often cannot remember waking up multiple times when they wake in the morning. People who have sleep apnea are often extremely fatigued throughout the day and may even fall asleep during the day because they are not getting adequate rest at night. This common, treatable condition causes many truck and car accidents in North Miami and across the country.

2) A sedentary lifestyle and fast food on the go. Truck drivers often spend the majority of their life on the road. Since they’re sitting in their trucks and often relying on fast food or restaurant food for meals, the unhealthy lifestyle can contribute to a variety of health conditions – including sleep apnea – that can affect driving ability and can lead to sleepiness.

3) Shift work. Studies have shown that workers who work in shifts are more prone to extreme fatigue, falling asleep at the job, and other health dangers. Truck drivers often drive in shifts because they have deadlines to meet, and this can cause extreme fatigue or can even cause a truck driver to fall asleep behind the wheel of their truck.

4) Long haul drives. We rely on trucks to get customer products and goods across the country and across the continent. Unfortunately, this often means long haul drives, which puts extra pressure on truck drivers and can mean fatigued drivers. Federal rules require truck drivers to take frequent rests and to get adequate sleep. However, enforcing these rules is often challenging. In some cases, drivers break the rules or motor carriers pressure drivers to break the rules to ensure that products get to their destination on time.

5) Tight deadlines. Many truck drivers have to get their cargo to a specific destination by a specific time. Many things can slow them down, including bad weather, traffic, and other issues. When drivers are pushed to make a delivery on time, they may get less sleep or may take less stringent care of themselves, which can lead to fatigued driving and possible accidents.

6) Highway hypnosis. Long periods of driving can lead to highway hypnosis, which can easily lead to a truck driver falling asleep behind the wheel of a truck, especially if he or she is already tired.

7) Medication and illegal substances. Some medication and drugs – including illegal drugs – cause fatigue and sleepiness, which can be very dangerous for truck drivers.

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Risky Situations that Can Lead to Truck Accidents in Miami Beach and other Areas of Florida

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

The majority of truck and car accidents in Miami Beach and other South Florida communities occur due to driver error. However, there are number of hazards that can contribute to driver error and can increase the risk of a traffic accident:

1) Poor weather. Inclement weather – including severe storms, rains, and other weather patterns — can reduce visibility, cause debris to fly out onto the road, and create slick conditions that can increase the risk of a traffic accident in Miami Beach. If you’re going to be driving for a long time, especially, it is important to check weather reports and make sure that you are prepared for any weather conditions that may arise. Keeping your car in good condition is also important to help avoid weather-related car accidents. Properly working brakes, windshield wipers, and other car components can increase the likelihood of avoiding a collision.

2) Traffic congestion. Heavy traffic can increase the risk of a car accident or truck accident in Miami Beach and other communities for a number of reasons. Traffic congestion can increase instances of road rage and impatience, for instance, which can lead to accidents. In addition, heavy traffic can make it harder to see around vehicles in front of you, increasing the risk of an accident. Heavy traffic can be especially dangerous because in high-traffic situations, accidents involving multiple vehicles are more likely. To avoid an accident caused by this issue, listen to traffic reports so that you can avoid traffic delays.

3) Secondary car accidents. Accidents can easily lead to secondary traffic collisions. When one accident occurs, other drivers may slow down to look or may become distracted by the collision. In addition, a serious car accident or truck accident in Miami Beach can cause debris to fly back towards traffic, potentially leading to other accidents.

4) Road work and construction sites. Construction sites and road work can be a distraction for drivers and can increase the risk of an accident. In many cases, road work, especially, can cause detours, obstacles, and debris, all of which can lead to a traffic collision. Avoiding road work and construction is one way to avoid collisions. Try to find alternative routes around known construction areas and work sites.

5) Road conditions. Potholes, poorly constructed roads, and other issues can easily lead to serious car accidents and traffic accidents in Miami Beach and other communities. When municipalities are negligent in maintaining roads correctly and when this negligence leads to injuries and accidents, personal injury victims in Miami Beach and other communities can seek compensation through a legal claim.

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5 Things That Can Hurt Your Claim After a Truck Accident in Homestead

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

If you have been injured in a car or truck accident in Homestead or any community in South Florida, your immediate concern will likely be your injuries and damages. However, you will also want to carefully consider your rights and your future. If you decide to file a legal claim at any point, you will want to make sure that you don’t do anything to harm your legal rights. The most common mistakes that people make after sustaining a personal injury in Homestead or Florida include:

1) Not getting professional advice. It is crucial to get medical and legal advice soon after sustaining any injuries in a traffic accident in Homestead or Florida. Even if you do not think you have sustained any injuries, it is important to get a thorough check-up with a qualified doctor. Some injuries – including life-threatening head injuries – may not have obvious symptoms. A doctor’s visit can save your life if you have sustained a serious injury such as a head injury in Homestead or any Florida community. In addition to seeing a doctor, you will want to get legal advice from a personal injury attorney in Homestead or your community. Commercial truck accidents are usually quite complex and an attorney can help you to safeguard your rights.

2) Not getting documentation and information. The more information you have, the better your position for getting fair compensation for your injuries. If you have been injured in a truck or car accident in Homestead or any Florida community, start keeping documentation about your injury. Get copies of the police report, any medical reports or receipts, and keep track of any other information you can. Be sure to ask plenty of questions about your injuries, your rights, and any resources available to you.

3) Your social media presence. If you are active on any social media sites such as Twitter, Facebook, and others, be cautious about what you post after your accident. If you work with a personal injury attorney, discuss your social media presence with your lawyer. In some cases, even innocuous posts – such as a description of weekend events – can be used against you in a legal claim.

4) Leaving the scene of the accident too quickly. Wait until police tell you it is okay to leave, unless you have been seriously injured and need immediate medical attention. Make sure that you exchange contact information and insurance information if the accident was relatively minor. You do not want anyone accusing you of leaving the scene of an accident.

5) Downplaying injuries or symptoms. Florida leads the country in insurance fraud, and as a result insurance carriers are concerned about anyone who might be exaggerating their injuries. In some cases, however, injured motorists understate their injuries because they want to return to everyday activities or work as soon as possible. This can be a problem, as it can aggravate injuries and can make it harder for victims to recover fair compensation for their injuries. If you have sustained an injury that makes it hard to return to work or normal activities, you have sustained a serious injury and it is important to treat the injury as such.

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What To Do If You Are In a Truck Accident in Hollywood or Any Other Community

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

Being involved in a car or truck accident in Hollywood or your Florida community is terrifying, but it is important to take a few simple precautions right away to protect yourself:

1) Contact the police and get a copy of the police report. The police investigate any serious truck or car accident in Hollywood or Florida that may have been caused by a wrongful act or has resulted in serious injury. It is important to contact police because they can get to the scene very quickly, document evidence, and start an investigation. The police report can contain important information about the accident and the causes behind it.

2) Exchange information but do not accept blame for the accident. Be very cautious about what you say at the scene of a traffic accident in Hollywood or anywhere in Florida. Even something as simple as saying “I’m sorry” can be construed as taking blame for an accident. When speaking to others after the accident, exchange information but stick to just speaking about the facts. Say as little as possible after an accident.

3) Seek medical attention at once. Even if you do not appear to be injured, get medical help as soon as possible. Some injuries – including serious head injuries and soft tissue injuries – do not present symptoms right away and it can be harder to prove that your injuries were caused by your traffic accident if you wait too long to get medical help. Delaying medical help can also pose a serious risk. Each year, head injury patients in Hollywood and Florida suffer complications or even sustain fatal injuries because they do not seek medical help in time.

4) Contact a personal injury attorney. Truck accidents tend to be complex situations, with multiple liable parties involved. In addition, the injuries sustained in these types of accidents tend to be serious. Speaking with an attorney who specializes in personal injury in Hollywood or South Florida can help you understand your rights and the likely total costs of your injuries.

5) Contact your insurance company. File a claim as soon as possible after your accident. Keep in mind, however, that the amount your insurance company offers is not written in stone. You may wish to consult with a personal injury attorney to determine what your injury-related long term costs may be.

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What To Do If You are in a Truck Accident in Davie or Another South Florida Community

Published on: February 28, 2013 | By Flaxman Law Group

Being involved in a serious truck accident in Davie or your Florida community can be one of the most devastating things that happens to you. It is natural to feel frightened and upset. Due to the size and force of a commercial truck, the injuries and property damage involved with this type of collision are often devastating. The scenes of such accidents are often very difficult for victims to navigate. If you are involved in a commercial truck accident or car accident in Davie or Florida, it is important that you:

1) Get medical attention for yourself and anyone else who is injured. Your first priority after a traffic accident in Davie or anywhere in Florida is to seek help for yourself and for anyone who is seriously injured at the scene of the accident. If the injuries have the potential to be serious, call emergency personnel and avoid moving anyone who may have suffered a serious spinal cord injury or head injury. Moving the victim can make injuries worse. Even if you are fortunate enough to walk away from a serious accident, get follow-up care and a medical checkup soon after the accident. In some cases, soft tissue injuries, head injuries, and other potentially serious injuries do not manifest symptoms right away.

2) Exchange information with the truck driver. If you have been in a commercial truck accident, get information about the truck driver, the truck he or she was driving, the registration information of the truck and the driver, and contact information. Exchanging information will ensure that you can locate both the truck and the driver later on if you decide to pursue a claim.

3) Speak with your insurance company. You will generally need to file a claim with your insurance company quickly after being in your accident. Your insurance company will want to settle claims quickly, and filing promptly is important.

4) Contact a personal injury attorney in Davie or your community. Even if you have car insurance that you believe will cover some of your costs after your accident, is important to speak with a personal injury attorney in Davie or your community. Commercial truck accidents often have multiple liable parties and are often legally quite complex. An attorney can help you understand your rights and options. In many cases, a personal injury attorney can also negotiate with insurance carriers so that you get the fairest compensation possible for your injuries.

5) Decide what to do. Keep in mind that once you decide to accept an insurance amount or another offer, you may be limiting or eliminating your options for filing a legal claim down the line. In some cases, you may find that your total medical bills and lost income are significantly larger than you initially thought. For all these reasons, it is important to consider carefully and to get legal advice before you make any final decisions. You do not want to be paying tens of thousands of dollars out-of-pocket for medical expenses and lost income. Getting quality legal advice can help ensure that this does not happen to you.

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What Needs to Be Done to Prevent Distraction-Related Truck Accidents in Fort Lauderdale and other Florida Communities?

Published on: February 26, 2013 | By Flaxman Law Group

According to the National Transportation Safety Administration (NHTSA), five percent of the 3,446 commercial truck drivers in fatal collisions in 2010 were driving distracted. Since many experts believe that cell phone use was one of the key reasons behind distracted driving, in 2012 the Federal Motor Carrier Safety Administration (FMCSA) passed laws which prevent commercial truck drivers from using hand-held devices while driving. Yet, truck accidents in Fort Lauderdale and other Florida communities continue to be caused by distracted driving. Clearly, additional changes need to be made. Experts believe that a number of changes could be made to prevent these types of collisions:

1) Change attitudes about distracted driving. Currently, research and studies suggest that many drivers feel that distraction is okay as long as it is only for a few seconds. In addition, many drivers overestimate their driving abilities. In many cases, motorists cause truck and car accidents in Fort Lauderdale and other cities because they take their focus or eyes off the road for “just a few seconds” to check a text message, change their music, or otherwise do something other than driving. Attitudes need to be changed so that more motorists understand that even very short periods of distraction can cause a serious traffic accident in Fort Lauderdale or in their community.

2) Expand definitions of distracted driving. Currently, much of the focus of legislators in Florida is on texting and cell phones. While studies have shown that cell phone-related car accidents in Fort Lauderdale mother communities are a serious cause of concern, cell phones are far from being the only distraction available to drivers. Other passengers, daydreaming, road signs, music, and many other distractions exist. Drivers need to be aware that anything that takes their eyes off the road – even eating a sandwich from a drive-through – can lead to a potentially fatal traffic accident.

3) Increase ways to check for distracted driving. Currently, one problem that legislators in Florida have when trying to pass texting bans and other legislation to combat distracted driving is that it is difficult for law enforcement to enforce distracted driving laws. It is difficult for authorities to notice when someone is texting and driving, for example, since drivers can keep mobile devices in their lap. New ideas need to be developed in order to ensure that authorities can enforce any laws against distracted driving.

4) Toughen laws. Increasing penalties for drivers who drive recklessly can help ensure that drivers who make poor decisions behind the wheel are held accountable if their actions injure someone or cause a fatal accident. Currently, those who have been injured by a reckless driver do have the option of seeking personal injury claims in Fort Lauderdale or their community.

5) Make sure that all motorists – not just truck drivers – do not drive distracted. Currently, truck drivers are banned from using hand-held cell phones and from texting and driving. However, while commercial truck drivers are subject to multiple rules, motorists of passenger vehicles are not.

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Study Finds Most Truck Accidents are Caused by Human Error

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

A new study by the Accident Research Team at Volvo Trucks has found that 90% of truck accidents are caused by human error. Errors can include:

1) Speeding. Many truck and car accidents in Miami and across Florida are caused by speeding. When motorists speed, they can easily collide with trucks, which cannot stop as easily or as quickly as passenger cars. When truck drivers speed, the results can be catastrophic, since the size and force of a speeding truck can be enough to cause significant damage in any collision. Staying within the speed limit is one of the simplest ways to prevent an accident.

2) Errors caused by fatigue. Truck drivers are required by law to get certain amounts of rest. They are also subject to medical exams to ensure that they are fit to drive. Some drivers, however, doctor shop or avoid getting the required rest, and this can easily lead to car and truck accidents in Miami and South Florida. Regular motorists are not subject to the same regulations as truck drivers. Studies have shown that many drivers of passenger cars admit to driving fatigued or ill, even though most drivers realize that both are risks factors for a collision.

3) Errors caused by distracted driving. Truck drivers are banned from texting and driving, while regular motorists are not. Both truck drivers and passenger car drivers, however, routinely cause collisions because they take their focus and attention from the road. Whether it’s changing music, making a phone call, daydreaming, or having an animated discussion with a passenger, any form of distraction can cause a serious traffic accident.

4) Failing to judge distances and make appropriate maneuvers in time. Truck drivers need to anticipate well in advance, since their larger vehicles respond more slowly. Drivers are trained for this, but when they fail to follow their training, accidents occur.

5) Drinking and driving. According to the Volvo study, truck drivers are in fact less likely to drive drunk. Researchers found that 0.5% of truck drivers were drinking at the time of a serious accident, compared to 15-20% of passenger car drivers. Drunk driving accidents still remain an all-too-common type of accident in Miami and South Florida, however.

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