Item: Flaxman Law Group
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Author: Clara Barman

Who Causes Most Truck Accidents in Miami and Other Florida Cities?

Published on: February 19, 2013 | By Flaxman Law Group

According to 2006 research by from the U.S. Department of Transportation, most truck accidents are caused by car drivers, not truck drivers. According to the study, truck drivers are the at-fault drivers in 36% of collisions while car drivers are at fault in 64% of accidents. A study by the University of Michigan Transportation Research Institute concluded that cars and light vehicles were in fact at fault in up to 81% of collisions. According to researchers, the biggest mistakes motorists made included:

1) Treating trucks like cars. Many motorists in Florida treat commercial trucks just like any other car on the road – and this attitude can lead to car accidents in Miami and other communities. The reality is, commercial trucks are more apt to make stops. They also take longer to stop and to get up to speed, so they require more room on the road.

2) Speeding. When motorists speed, they can easily cause a traffic accident in Miami or their community. Commercial trucks take longer to come to a complete stop when compared with a passenger vehicle. When a motorist speeds around a commercial truck and drive recklessly, the truck driver may not be able to stop in time to avoid a collision. Driving around commercial trucks requires more caution and care.

3) Not staying in a lane. Weaving in and out between trucks is very dangerous, not only because trucks cannot stop as easily, but also because trucks have multiple blind spots they may not see motorists creeping up behind them to pass.

4) Improper following. Tailgating motorists cause many truck accidents in Miami and South Florida each year. Truck drivers cannot see cars immediately behind them, so they may inadvertently back up into any vehicle tailing too closely. In addition, trucks sometimes roll back slightly when coming to a complete stop – especially on a steep incline or hill. If a car is too close to the truck, it may be struck.

5) Distracted driving. Truck drivers are forbidden by federal regulations from texting and driving. However, there is currently no similar ban in place for motorists driving passenger vehicles. As a result, many car accidents are caused by cell phones and other forms of distraction.

6) Not understanding squeeze play. When trucks turn, they often swing wide. If car drivers are not cautious and provide trucks with extra room, they may get caught between the truck and the curb on a turn, a situation which can easily lead to the smaller vehicle being crushed.

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Is Changing Business Making a Change in the Number of Vendor Truck Accidents in Hollywood and South Florida?

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

According to food truck and ice cream vendors, some cities in South Florida are making it hard to ply business. Cities like Coral Springs and Sunrise, for example, have either banned food trucks and ice cream truck outright or have imposed many regulations and restrictions on the businesses. In Sunrise, outdoor sales have been banned since the late 1980s. Since 1993, food trucks have had the option of applying for a temporary permit to sell their products, but these permits are valid for only three days, so few vendors have tried. If there is a special event where food trucks want to work in Sunrise, they must apply for a permit in advance, paying $100 to set up in vacant property or $50 in a developed area. Food truck owners also need to provide a $250 refundable clean-up fee.

In Pembroke Pines, food truck vendors need to have an invitation from an existing business (such as a shopping mall) to ply their trade and this invitation must be in writing. In Coral Springs, food trucks and vendors were banned after 1985. The ban was in response to a child being struck and killed by a car after buying an ice cream. Vendors feel it is not just to limit businesses if cars cause accidents, but in Coral Springs the ban is enforced strongly. First-time violators get a warning but a subsequent violation results in a $50 fine and possible impoundment of the truck.

In some cases, vendors still head into these cities, but claim that the number of customers remains small. Hollywood and Dania Beach, among other communities, do not have as many restrictive regulations but vendors say that business is not always strong. In Boca Raton, trucks are not allowed to make excessive noise while in Delray Beach, they cannot be parked too long in one spot.

Do more restrictions on food vendors and food trucks mean fewer truck accidents in Hollywood and other Florida communities? Food vendors claim that they use safe practices and have an excellent safety record. They note that in cases where accidents occur near food trucks, they are often car accidents caused by distracted or impatient drivers – not by the food trucks themselves. Some vendors also believe that the restrictions on business are related to pressure from restaurants who do not want the competition.

Communities have passed rules against food trucks, and part of the reason is because some lawmakers feel that these restrictions reduce the risk of car accidents in Hollywood and other Florida communities. They note that while food trucks themselves may not be in accidents, their presence increases pedestrian traffic and even car traffic in areas, which can result in secondary traffic accidents in Hollywood and other communities.

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Technology That Could Help Prevent Truck Collisions in Fort Lauderdale and Across Florida

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

Each year, passenger car manufacturers release new types of safety features and technology designed to keep us safe behind the wheel. Already, we have seen some of this technology helping to prevent car collisions in Miami and across Florida. Now, the federal government and the National Highway Traffic Safety Administration (NHTSA) are taking a look at what technologies could help prevent truck accidents in Miami and across the country. Since studies have shown that up to 90% of traffic crashes are caused by driver error, experts feel that these types of technology could help prevent truck accidents:

1) Automatic emergency braking. This is a technology available already on many higher-end passenger vehicles and it has already helped prevent many car collisions. Automatic emergency braking uses cameras and radar to detect when a collision is imminent and computer algorithms calculate the chance of a crash in order to apply the brakes in time to prevent an accident.

2) Electronic stability control (ESC). In 2012, the National Highway Traffic Safety Administration (NHTSA) proposed a regulation which would make ESC standard on buses and trucks. According to NHTSA’s research, requiring all buses and trucks to have ESC could help prevent 14% of loss-of-control accidents and 56% of truck rollovers. That could mean preventing 60 fatalities annually.

3) Forward-collision warning systems. These systems use cameras and radars to warn a truck driver when he or she is approaching too close to another vehicle or stationary object. A 2009 study by the Federal Motor Carrier Safety Administration concluded that 8,597-18,013 rear-end accidents could have prevented in the years 2001-2005 if these systems were standard in all trucks.

4) Side-view assist. According to the Insurance Institute for Highway Safety (IIHS), up to 79 fatal car accidents and up to a total of 39 000 traffic accidents could be averted or affected if all trucks had this technology.

5) Lane-departure warning systems. These systems warn drivers when they drift off the road or into other lanes. They can be effective in preventing fatigue-related traffic accidents in Miami and across the nation. According to the IIHS, up to 10 000 truck accidents could be averted or affected if this technology were standard for trucks.

While there is ample evidence that these technologies could help prevent accidents, getting regulations passed is challenging. The technologies would cost the trucking industry additional money, and would require many trucks to be serviced to meet the new regulations. These facts have some in the industry arguing that these technologies are not needed.

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Texting and Truck Accidents in Miami: A Tough Issue

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

Many studies have confirmed the dangers of texting and driving. The Virginia Tech Transportation Institute conducted research which found that drivers who texted were 23 times more likely to be in a crash when compared with drivers who kept their focus on the road. A study by Car and Driver magazine found that while inebriated drivers took an extra eleven feet to brake, texting drivers had even slower response times and took an additional 70 feet to stop. In addition to many studies like these, there is ample anecdotal evidence in the form of many fatal car accidents in Miami and across the country
In 2010, the federal government acknowledged the dangers of texting while driving and the Federal Motor Carrier Safety Administration (FMCSA) announced rule 392.80, which effectively prohibited texting and driving for commercial truck drivers. The same rule prohibited motor carriers “allowing or requiring its drivers” to text and drive. Under the rules, commercial truck drivers cannot text unless they are safely pulled over on the side of the road. They cannot text while waiting at a traffic light, for example.

Despite the research and the FMCSA rules, however, truck accidents in Miami and across the country continue to be caused by distracted drivers. There are many potential reasons:

1) Not all states have texting bans. Florida does not currently have a ban in place for non-commercial vehicles. This keeps some drivers on the road texting – and may inadvertently send the message that texting while driving is ok.

2) Not all drivers must adhere to texting bans. Since motorists of passenger cars in Florida can text and drive, some of these motorists may be causing traffic accidents in Miami and other communities. Banning texting and driving for just some drivers may not be enough, some experts claim. No matter how careful truck drivers are, other distracted drivers on the road may crash into them or may cause an accident.

3) Texting culture is deeply ingrained. Mobile devices are often marketed as essential for organization and communication. Not only are these devices ubiquitous but many users feel that they need to be connected all the time – even when driving. These beliefs may make it harder for some motorists to put their mobile devices away when driving.

4) Texting is challenging to curb. Even though truck drivers are not allowed to text and drive, it is difficult to prevent this type of behavior. Truck drivers who insist on texting and driving can simply hide mobile devices in their lap or under the steering while driving, making it hard for police and others to notice that they are breaking the law.

5) Texting is not the only distraction. Most experts agree that any type of distracted driving increases the risk of a traffic accident in Miami and in every community across the country. Yet, it is virtually impossible to legislate all possible distracted behaviors.

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Who is Liable in Your Miami Gardens Truck Accident?

Published on: January 17, 2013 | By Flaxman Law Group

Determining liability in a commercial truck accident in Miami Gardens or Florida is often complicated, which is why working with a local personal injury attorney is a good idea. In many car accidents in Miami Gardens and other Florida communities, there is one at-fault driver. In a commercial truck accident, however, there may be multiple liable parties, including the truck driver, the truck company, and others. Who is liable often depends on the causes of the truck accident.

Truck Accidents Caused by Weather or Other Dangerous Conditions

In these situations, drivers are expected to use extreme caution to ensure that they drive safely. When drivers fail to do so, they may be held liable for the accident. Often, personal injury attorneys in Miami Gardens and other Florida communities must conduct careful investigations to determine exactly what has caused an accident.

Truck Accidents Caused by Driver Fatigue

Federal Motor Carrier Safety Regulations (FMCSRs) dictate how long commercial truck drivers can drive before taking a break. These regulations also set rules for rest periods and maximum driving time. The aim of these rules is to make sure that drivers do not fall asleep behind the wheel or drive so fatigued that their judgment and driving skills are impaired. If you are injured in a traffic accident in Miami Gardens or anywhere in South Florida, and it is determined that the truck crash was caused by a fatigued driver, both the trucking company and the truck driver may be held liable if they violated FMCSR regulations.

Truck Accidents Caused by Driver Inexperience or Under-Training

Truck companies who hire a new driver are expected to check the driver’s qualifications and must keep a record of the driver’s qualifications while the driver is working for the company and three years after the driver leaves the company. The driver’s file needs to include past employer recommendations, the driver’s work application, a copy of any road test, documentation about annual reviews, a certificate of physical qualification, any information pertaining to violations and accidents the driver has had, and additional documentation. If a driver causes a truck accident and the truck company did not maintain these records or failed to check a driver’s qualifications, both the driver and the truck company may be held liable in the case.

Truck Accidents Caused by Load Issues

In cases where a tractor trailer’s cargo is not loaded correctly, the cargo can shift unexpectedly, causing a risk of rollovers and potentially causing the truck driver to lose control of the vehicle. Multiple parties are responsible for the cargo. The persons loading the cargo are responsible for loading and securing the cargo correctly. The driver is responsible for ensuring that the cargo is secure and for reporting any issues or problems. The truck company is also responsible for any cargo transported in its trucks. In the event of a truck accident caused by cargo problems, all three parties can be held liable.

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Choosing a Truck Accident Attorney in Miami or in Your South Florida Community

Published on: January 15, 2013 | By Flaxman Law Group

If you have been in a traffic accident in Miami or in any South Florida community and you have been seriously injured, you will likely want to speak with a local personal injury attorney. Any accident involving a commercial truck, especially, tends to be complex. There will be many legal terms used in your case and you may have questions about insurance offers, paperwork, and other issues. When considering attorneys, there are many things you will want to look for:

1) Look for an attorney who is an expert in the field. The most important thing is to find an attorney with plenty of experience in cases similar to yours. Truck accidents in Miami and other South Florida communities are different than other personal injury claims. An attorney familiar with truck accident cases has likely worked with accident reconstruction experts, expert witnesses, and others who can help in this type of case. A personal injury attorney in Miami who has experience with truck accidents is also familiar with the laws and resources in this type of case.

2) Look for an attorney with experience in the courtroom and with negotiations. You want an attorney who is familiar with local courts, but since many truck accident cases in Miami and South Florida are settled out of court, you also want someone who is adept as a negotiator. Someone who understands the insurance system and can speak on your behalf with your insurance carrier is just as important as an attorney who is a professional in front of a judge.

3) Speak with an attorney (or a few) before you decide to work with one. This gives you a chance to seek the attorney’s opinion about your case and gives you a chance to ask questions.

4) Ask questions about past cases. Look for a personal injury attorney in Miami or your Florida community with proven success in truck accident cases.

5) Look for a legal professional who makes you comfortable. If you will be working with an attorney, it is important that you feel comfortable with him or her and trust them. Changing attorneys once you have filed a legal claim is complicated, so it is best to hire the right attorney for you right away.

6) Consider a consultation even if you are not sure you want to pursue legal action. Many accident survivors assume that they do not need an attorney if they don’t plan to sue. This is not true. After an accident, an attorney can do much more than help you file a claim. An attorney can investigate your accident, help you understand the likely costs of your injuries, can help you understand your rights, and can help negotiate with your insurance provider. The decisions you make after your accident can affect you and your finances for years to come, so it makes sense to at least get a professional legal opinion about your situation.

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Are Truck Collisions in Miami and South Florida on the Rise?

Published on: January 10, 2013 | By Flaxman Law Group

According to the National Highway Traffic Safety Administration (NHTSA), 3,757 people across the country were killed in truck collisions in 2011, compared with 3,686 in 2010. This represents a 1.9% increase in the number of fatalities between the two years. In many cases, these accidents were single-vehicle truck accidents. In 2010, there were 339 truck driver fatalities in single-vehicle accidents, compared with 403 such fatalities in 2011. According to the NHTSA, this is the second year in a row where these numbers have risen, despite new regulations that are supposed to make streets safer.

According to some experts, the number of single-vehicle crashes as well as new research linking driver condition to truck accidents may mean that in the future there will be more emphasis on holding truck drivers accountable and ensuring that they are safe behind the wheel. This is a departure from past years, where the focus has been on mechanical issues of trucks and on enforcing laws such as speed limits.

What can be done to prevent truck accidents in Miami and across South Florida? Many suggestions have been put forward:

1) Some have suggested more attention should be paid to the physical condition of drivers. Studies have shown that drivers with very high BMIs have higher crash rates and are more at risk of conditions such as sleep apnea, which can severely affect driving ability. Fatigue can also lead to truck accidents and car accidents in Miami and other Florida communities. Currently, commercial truck drivers must get physicals and must submit to drug and alcohol testing, but experts think that more can be done to ensure that drivers do not suffer from sleep apnea and other conditions that could cause accidents.

2) Some experts recommend more accountability for drivers and truck companies who break rules or take risks. Some companies and drivers circumvent rules for profit. In other cases, drivers and companies take risks that do not officially break laws but which still put drivers at risk.

3) Some experts believe that limiting the speed and size of trucks further would be beneficial. The truck industry has largely been in favor of higher speeds and larger trucks, arguing that larger trucks and speeds would be more cost effective and that larger trucks might be safer on the roads, since they would eliminate the need for more commercial trucks on the roadways. Most experts disagree with this, claiming that smaller trucks and lower speed limits would make it easier for truck drivers to keep control of their trucks.

4) Some safety professionals feel that technology can help make trucks safer. Technology already exists that would make it possible to keep track of how fast commercial truck drivers drive, how often they take breaks, and even their blood pressure and heart rates. Some experts feel that installing this type of additional technology would make it easier to track what truck drivers do on the roads – and the risks they take. This, they argue, would make it easier to curb risky behaviors that could lead to traffic accidents in Miami and elsewhere across the country.

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Studies Suggest That Health of Truck Drivers May Play a Role in Truck Accidents in Homestead and Across Florida

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

A study out of University of Minnesota has determined that driver health may play an important role in truck accidents. Researchers examined the BMI (body mass index) of newly hired commercial truck drivers. The study researchers measured accident rates and BMI of the drivers for two years, or until the drivers left the company. The study found that truck drivers with a BMI of 35 or more – which is considered extremely obese – had an accident rate of 43-55% higher than drivers with healthy BMI. Commercial drivers who were overweight or moderately obese were not found to have significantly higher accident rates than drivers with ideal BMI ranges.

What does this mean for truck accidents in Homestead and other communities in Florida? It could mean that in addition to driver error and other common causes of truck accidents, obesity and health issues could be contributing to traffic accidents in Homestead and in Florida. Obesity can lead to many serious illnesses, such as:

1) Sleep apnea. Patients who are obese are more at risk of sleep apnea, a potentially dangerous condition causing patients to experience disrupted sleep cycles. Patients with sleep apnea often wake during the night because their breathing is cut off. When patients wake up, they may not remember having problems sleeping but they generally experience extreme fatigue during the day and may have a hard time getting “enough” sleep. Truck drivers with sleep apnea may be extremely tired on the road, in some cases driving off the road or losing control of their vehicles, leading to serious collisions.

2) Sudden death. Patients who are obese are more likely to suffer from heart problems. Undetected and untreated, heart disease can lead to heart failure and other types of emergencies that can lead to sudden death.

3) Obesity-related diseases. Obesity has been linked to many serious illnesses, including diabetes, cancer, heart disease, strokes, and other serious ailments. Truck drivers who are obese are at risk of developing these diseases, which can affect their ability to drive. In cases where a disease goes undetected, the symptoms can affect a driver’s ability to operate a truck. In some cases, symptoms can be severe enough that they lead to a truck-related car accident in Homestead or other communities.

4) Mobility issues. Severe obesity may make it harder for truck drivers to move easily. This can make it harder for truck drivers to check blind spots and generally drive safely.

5) Medication issues. In many cases, truck drivers who are severely obese and have health issues because of it may be taking medication for their medical conditions. Prescribed and over-the-counter medications, however, may have serious side effects that affect a driver’s ability to drive safely.

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Driving Tips To Help You Avoid Truck Accidents in Coral Gables

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

Each year, truck accidents in Coral Gables and across South Florida occur because drivers make simple mistakes that lead to collisions. To help avoid car accidents in Coral Gables involving trucks, there are many things that you can do:

1) Allow trucks to have right of way. Do not cut trucks off, especially if they may be braking. Trucks take longer to stop than passenger cars, so cutting commercial trucks off can lead to an accident.

2) Stay out of trucks’ no zones. Commercial trucks have large blind spots – known as “no zones.” These tend to be behind and along the sides of the truck. In general, if you cannot see the truck driver in the truck’s side mirrors, the truck driver cannot see you. Driving in a truck’s no zones increases the risk of an accident, since the driver may not realize you are close to the truck and may back up or try to change lanes.

3) Keep at least four seconds of distance between you and trucks in front of you. Trucks need extra time to maneuver. In addition, they may make frequent stops and starts as they make deliveries. Allowing extra room gives you a little extra insurance.

4) Pass trucks safely. Give yourself extra time, since trucks are longer. Use your signal and maintain a steady speed when passing. Make sure that you can see the front of the truck in your rear-view mirror before you re-enter the lane and complete the pass. Use extra caution when passing trucks with trailers – these can swing into your lane.

5) When you see a truck making a turn, stay well back. Avoid trying to squeeze in between the truck and the curb – your vehicle may be crushed when the truck swings wide. These types of traffic accidents in Coral Gables and across South Florida can be especially deadly, since the smaller passenger vehicle is often crushed by the impact.

6) If you are on a hill and stopped behind a truck, give the truck plenty of extra space. The truck may start to drift backwards a bit before moving forward when the driver releases the brakes. Extra space ensures your car won’t be hit if this happens. Leaving extra space also makes it more likely that the truck driver will see you.

7) On highways, avoid driving between two trucks or multiple trucks – you may get into a collision if the truck drivers cannot see you.

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Could NTSB Safety Technology Recommendations Help Prevent Davie Trucking Accidents?

Published on: December 29, 2012 | By Flaxman Law Group

The National Transportation Safety Board (NTSB) would like to see some features and devices to become standard on all new cars and trucks in order to help prevent car and truck accidents. Car and truck manufacturers say that adding these safety technologies could add substantially to the cost of vehicles, but the NTSB has argued that the following safety features, if standard on all vehicles, could help prevent accidents:

1) Lane departure warning. This system sounds an alarm if a driver enters another lane without signaling. This system can potentially prevent Davie truck accidents by warning motorists if they are drifting into another lane. It can also help warn drivers who routinely change lanes without adequate signaling – a bad driving habit that can lead to Davie car accidents and truck accidents.

2) Forward collision warning. These systems monitor the traffic in front of a truck or car and warn the driver with an alarm if a collision is about to happen. In some cases, the system can even apply the brakes to prevent an accident.

3) Adaptive cruise control. This safety technology interprets traffic conditions by using sensors and then modulates brakes and throttle to ensure that a motorist maintains a safe distance from other cars. This technology can help prevent Davie traffic accidents caused by cars following other vehicles too closely.

4) Automatic braking. This system applies the brakes automatically when needed to prevent a Davie pedestrian accident or other collision.

5) Electronic stability control. Electronic stability control is a system that automatically brakes specific wheels to stabilize the car and allows the driver to retain control of the car. According to the NTSB, this feature is included on many smaller cars but would be very effective on larger trucks.

6) Tire-pressure monitoring systems. As the name suggests, this feature keeps track of tire pressure and alerts drivers when tire pressure does not meet specific safety standards. Since many Davie truck collisions are caused by tire failure and blowouts, this technology could help prevent these accidents.

7) Speed-limiting technology. As the term implies, this technology limits the speed that vehicles can reach. Since speeding is a factor in many traffic accidents – including fatal collisions – this feature is meant to prevent these types of crashes.

Many of the above features are already available on some cars and trucks, but they tend to be optional features that come with higher-end trucks and cars. According to the NTSB, these safety features should be made mandatory so that drivers at all budgets could benefit from the safety measures.

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