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

South Miami Dump Truck Accidents

Published on: July 12, 2012 | By Flaxman Law Group

South Miami truck accidents are always devastating, and dump truck accidents are no different. Dump trucks are used to haul debris, sand, asphalt, and other materials to and from construction sites, mining sites, and other industrial areas. When these vehicles are involved in South Miami car accidents, the results are often devastating. An average 5-axle dump truck can weight more than 65 000 pounds when fully loaded. The size and force of this vehicle during a South Miami traffic accident can easily crush a smaller car or truck.

Another problem with dump truck accidents is that the bumpers on these types of trucks are either left out or placed high for ground clearance. Bumpers are often important in order to prevent override accidents, or South Miami car accidents in which a smaller passenger vehicle slides underneath a dump truck and is either sheared or dragged along until the truck can come to a complete stop. An override accident usually causes devastating injuries, including serious South Miami brain injuries and even fatal injuries, since the passenger vehicle is crushed under the truck.

An additional problem that can lead to dump truck accidents has to do with dump beds. Dump trucks are unique in that they have beds which can be raised in order to remove a load of cargo from the truck. The beds can be raised high enough to give workers access to the area under the dump bed. However, when a dump truck bed crashes unexpected from the raised position, serious South Miami construction accidents and workplace accidents generally occur. The Occupational Safety and Health Administration (OSHA) asks employers to create lockout procedures during the times that employees are working under the dump body of these types of trucks, but not all employers follow these standards. OSHA also suggests using an additional truck bed brace bracket to keep dump truck beds secure when being held in an upright position.

Survivors of dump truck accidents who have sustained a serious injury should consult with an experienced South Miami personal injury attorney soon after their accident. The financial losses of this type of accident can be significant. Injured parties can lose income and face serious medical bills. If the accident has been caused by a wrongful act or by negligence, Florida law permits injured parties to seek a legal claim in order to recover compensation that can help pay for quality medical care and other needed expenses.

Since dump trucks are commercial vehicles, there are often multiple liable parties involved in an accident involving this type of truck. In addition to the driver of the truck, the manufacturer of the truck, contractors, insurance companies, trucking companies, and other liable parties can all be held liable for the accident. Since commercial trucks are held to stricter traffic standards and rules, this can often benefit the victim of a devastating accident. A patient can have a better chance of recovering more of the hospital and medical costs as well as related expenses in situations where there are more liable parties, and this can ensure that an innocent victim is not in a position where they have to make up lost income and large medical costs out of pocket.

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The Importance of Proper Maintenance in Preventing Miami Truck Accidents

Published on: July 10, 2012 | By Flaxman Law Group

Proper maintenance is essential in preventing Miami truck accidents. Although technology now means that some truck parts can outlast trucks, there is still a need for maintenance to prevent Miami traffic accidents. Maintenance helps carriers and truck drivers notice problems – such as brake issues or tire problems – and fix them before they have a chance to cause a Miami car accident or traffic accident. Frequent maintenance also ensures that trucks are working at their best and respond correctly if a truck driver needs to move suddenly to avoid a collision.

Good truck maintenance includes careful attention to the axles and suspension system of a truck. Both are essential for truck safety and both can fail. Axles need to be checked regularly for lubricant and leaks. Suspensions are susceptible to stress cracks and corrosion. They need to be checked and tuned up regularly, especially the steel-spring types of suspensions on most trucks. In addition to the suspension system and the axles, a proper maintenance inspections takes a look at all major systems of a truck, including tires, steering, braking, and other systems.

The Federal Motor Carrier Safety Administration (FMCSA) requires truck carriers to conduct regular inspections, which include inspections of the steering mechanisms, axles, wheels, frame, and other systems in every truck. The FMSCA also requires push-out windows, bus emergency doors and other systems to be checked at least every three months. Carriers are responsible for maintaining inspection records and repair records for all their trucks for at least 18 months after the trucks are no longer part of the company’s fleet. In addition, the FMSCA requires commercial truck drivers to carry out regular visual inspections of their trucks.

If inspections reveal a problem, carriers are responsible for ensuring that the problem is fixed before the truck is placed back on the road. Truck carriers are expected to keep records of the inspections and any repairs to prove that the proper work has been completed. This system can actually serve truck carriers. After all, maintenance and repairs are far less costly than an accident and subsequent legal claim by injured parties. Properly maintained and repaired trucks can also work more efficiently, use less gas, and last longer than incorrectly maintained trucks, which can help save companies money.

Of course, even with proper maintenance, there can be an increased risk of Miami car accidents involving trucks in cases where specific truck systems are defective. In these cases, if a defect causes a Miami truck accident and the accident causes injuries, the injured parties may be able to launch a Miami products liability case against the manufacturers of the defective truck part. In these cases, there are often multiple parties, which can help injury victims get fairer compensation to help pay for lost income, medical bills, and other expenses.

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How One Fort Lauderdale Truck Accident Leads to Others: Secondary Accidents

Published on: June 28, 2012 | By Flaxman Law Group

Everyone knows the devastation that Fort Lauderdale truck accidents can cause. We have all seen the news reports of a tractor-trailer on its side, blocking traffic, caught on fire, and causing devastation on the roadway during rush hour. However, what many people do not realize is that one Lord Lauderdale truck accident is dangerous because it can cause secondary Fort Lauderdale car accidents and traffic accidents. There many reasons why secondary accidents take place:

1) Spills. In cases where a commercial truck is carrying a full load, that cargo may spill during a Fort Lauderdale truck collision. When this occurs, the substance can spill out over the surface of the road, causing obstructions to traffic and possible secondary Fort Lauderdale motorcycle accidents and car accidents. If the substance spilled is toxic or dangerous, breathing in the fumes can cause serious personal injury for any innocent bystander and for any emergency personnel in the area. In cases where the substance is slippery, it can easily lead to slip and fall accidents, cars spinning out of control, and other types of accidents. In situations where the substance is flammable, the result can be a devastating fire and secondary accidents as drivers try to swerve out of the way the flames.

2) Curiosity. Unfortunately, many secondary accidents are completely preventable, and they occur because people slow down to take a look at an accident. While curiosity in the wake of an accident is natural, rubbernecking and slowing down suddenly can lead to even more accidents. If you are driving when you see a Fort Lauderdale truck accident, it is important to stay calm, keep your eyes focused on the road, and to obey the directions of any emergency responders at the scene. Getting out of the way of the accident should be your first priority. If someone is in need of assistance, pull over to the side of the road before calling for emergency help.

3) Blocked roadways. Due to the size of commercial trucks, when they are involved in a Fort Lauderdale traffic accident, they can block off entire lanes of traffic. When this occurs, it can prevent traffic from flowing normally, which can lead to road rage, congestion, and others issues which can lead to a Fort Lauderdale car accident.

4) Fires and structural damage. In some cases, devastating Fort Lauderdale truck accidents can lead to explosions, fires, and collisions that cause road damage and structural damage. This type of damage, when not cleaned up properly, can easily lead to a Fort Lauderdale car accident down the line.

5) Fallout leading to damage to a second vehicle. A truck accident can cause debris to spill on the road or to fly at other cars. In some cases, other cars are struck or are damaged by the debris, and this damage can lead to an accident.

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Causes of Coral Gables Truck Accidents

Published on: June 26, 2012 | By Flaxman Law Group

Coral Gables truck accidents are among the most devastating Coral Gables traffic accidents to occur on the city`s streets. In addition to causing significant injuries, these types of traffic accidents often result in catastrophic damage, and in some cases environmental disaster if the truck was carrying any sort of flammable or dangerous material. In some cases, big rigs block off entire lanes of traffic for hours or cause devastation to city streets. There many possible causes for these types of devastating accidents, and in many cases an accident is caused by a number of factors:

1) Driver fatigue. Commercial truck drivers often work long hours. Although federal laws regulate that commercial truck drivers must take certain amounts of time for rest, in many cases drivers can become fatigued even with adequate rest. This is especially true in cases where drivers must work irregular hours or in cases where drivers have an illness or a condition, such as sleep apnea or insomnia, prevents them from sleeping correctly.

2) Prescription drugs, over-the-counter medication, or illicit drugs. Any type of substance that affects a drivers level of fatigue or motor skills can be potentially dangerous. From simple over-the-counter allergy medication to illicit drugs and prescription medication, many types of drugs have side effects that can be dangerous for commercial drivers.
3) Speeding. An 80,000-pound truck, fully loaded, already has the size and force to do serious damage to a passenger vehicle or any smaller vehicle. When a truck is involved in a Coral Gables motorcycle accident or car accident, the smaller vehicles are often crushed. When speed is a factor, the damage sustained to the smaller vehicle is often devastating and generally leads to fatalities.

4) Unfamiliarity with the route. Commercial truck drivers may have a regular route, but in many cases commercial truck drivers must make deliveries to unfamiliar areas. Being unfamiliar with a street can be challenging for number of reasons. For one thing, drivers may not be aware of hazards that can lead to a Coral Gables traffic accident. Another problem is that drivers who are in an unfamiliar route may be distracted by trying to find a specific location.

5) The driver’s failure to check blind spots properly. Commercial truck drivers are taught to check blind spots regularly. However, when they failed to do so accidents are a common result, especially since commercial trucks have so many blind spots.

6) Driver error. Drivers sometimes underestimate the level of evasive action needed to avoid an accident, or overcompensate in a situation. When drivers make these types of errors, accidents are common result, especially since large trucks cannot break or react as quickly as passenger vehicles.

7) Traffic violation. Running red lights, disobeying traffic signals, and doing other illegal activities on the road easily lead to accidents for any driver.

8) Distracted driving. Roadwork and construction are common distractors, but there are many possible distractions on the road. From mobile devices to other distractions, there are many things that can cause a driver to take their eyes and mind off traffic.

9) Road rage and aggressive driving. Aggressive driving affect all drivers, but when the driver is sitting behind the wheel of an 80,000 pound commercial truck, the results of aggressive driving can be much more devastating.

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Ethanol Miami Truck Accidents: Why They are Such a Danger Now

Published on: June 21, 2012 | By Flaxman Law Group

Ethanol is an additive for gasoline. It is generally made from a corn sugar that has been distilled into an alcohol. First used in the 1970s, ethanol is now more popular than ever as fuel costs increase and as the country looks for clean-burning fuel. About 70% of all fuel sold in the US is actually E10, a mix of 10% alcohol and 90% gasoline. Most cars today are designed to run optimally on E10.

The popularity of E10 also means that there are many trucks around the country shipping pure ethanol in order to meet the high demand. Unfortunately, an ethanol Miami truck accident can be among the most frightening accidents to witness. Ethanol, when spilled in a Miami traffic accident, is dangerous and highly flammable. Worse, it cannot be fought the way that most fires are fought. In fact, fire departments across the country are getting special training in fighting ethanol fires after an accident, since most firefighting methods are not effective against this type of fire.

Part of the problem with a Miami car accident involving an ethanol truck is that there is a possibility that the ethanol in the truck will leak and catch fire. Unlike gasoline, however, ethanol mixes with water. This means that when water it poured on an ethanol fire, the fire continues to burn. Another major problem with an ethanol fire is that pure ethanol mixtures such as E98 or E95 – the types of mixtures often shipped by truck – produce no flame or smoke when burning. This means that after a Miami truck accident involving an ethanol spill there is a very real possibility of severe Miami burn injuries, as injured parties and even firefighters can walk right into the fire without realizing it, sustaining serious injury.

If a truck accident leads to an ethanol fire, an alcohol resistant foam known as Ar-AFF is the most effective way of putting the fire out. The traditional foam most fire departments use is not enough. Ar-AFF smothers the fire, putting it out. Unfortunately, Ar-AFF is more expensive than the traditional types of foam most fire departments use.

Any time a truck carries a dangerous or flammable substance, a Miami truck crash is potentially more dangerous. When a dangerous substance such as ethanol spills, it can cause severe environmental damage, out of control fires, and severe injury. Even in cases where there is no fire, the cleanup can take many hours. Since ethanol is newly popular, it is a special concern since more training needs to be done about the appropriate firefighting methods.

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Working to Reduce Rollover Miami Truck Accidents

Published on: June 19, 2012 | By Flaxman Law Group

Rollover Miami truck accidents can be devastating. They can crush passenger vehicles, cause serious Miami brain injuries, close entire highways, cause toxic chemical spills, spark fires, and more. These types of Miami traffic accidents often cause devastating injuries and cost thousands of dollars per accident in public funds for cleanup costs.

Florida is now focusing on reducing the impact of rollover truck accidents in the state. In order to do that, the state plans to pay an incentive to tow companies – through the ‘Rapid Incident Scene Clearance’ program — who can clean up these types of accidents in an hour and a half. Florida is also taking a closer look at areas with higher instances of rollover accidents and is adding new signs or changing construction in some areas to make roadways safer. For example, new construction and signs on Florida’s Turnpike and on I-595 are intended to help prevent car accidents and truck accidents.

In 2005, the number of Florida rollover accidents reached a record 708. By 2009, improvements meant that the number of these accidents dropped to 296. According to the Florida Department of Transportation, towing companies have also gotten better at clearing up after rollover truck accidents. In 2010, these accidents took an average of 60 minutes to clear, compared to 57.3 minutes in 2011.

However, experts agree that much needs to be done, especially when it comes to road design in rollover hot spots. The ramps connecting Interstate 595 to Florida’s Turnpike have been the site of seven major rollover accidents between 2005 and 2008. According to the American Transportation Research Institute, it is one of the most common spots in the state for rollover accidents, made all the worse by the fact that many trucks need to head through that area in order to reach Port Everglades. Tight ramps and other design problems may contribute to road accidents in that area, according to experts.

There are several hotspots in Florida for rollover truck accidents. The U.S. 27 interchange at the turnpike in Miami-Dade County, for example, has seen eleven rollovers in recent years while Pompano Beach’s I-95 ramp has seen seven such accidents.

In terms of road design, there are many improvements that Florida has made in recent years to help prevent Miami car accidents and truck accidents. For example, the state has installed some direct ramps to replace S-curves which force drivers to make sharp turns. In areas where speed has been found to be a factor causing Miami motorcycle accidents and truck accidents, communities have installed larger and brighter speed limit signs as well oversized signs warning drivers about the dangers of speeding. The I-595 is being changed as part of a $1.8 billion project.

According to experts, most truck rollover accidents are caused by driver error, however, and there are plans underway to help prevent driver error as well. For example, the American Transportation Research Institute hopes to launch mobile communications network to help give truck drivers warning about accident dangers and hot spots. The satellite-based network would give drivers warning in time for drivers to be more alert when approaching high-risk intersections and areas.

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A Look At Statistics That Could Solve the Puzzle of Miami Truck Accidents

Published on: June 14, 2012 | By Flaxman Law Group

Civil engineers Sunanda Dissanayake and Siddhartha Kotikalapudi, both of Kansas State University, are examining five years of commercial truck accident statistics with an aim to finding information that could help prevent future crashes. Their research may be important in helping to prevent Miami truck accidents as well as traffic accidents across the country.
According to Dissanayake, commercial trucks comprise just 3% of the registered vehicles on US streets, but these vehicles tend to be involved in a disproportionate number of accidents. According to 2009 statistics from the Federal Motor Carrier Safety Administration (FMCSA), one out of ten traffic accident fatalities across the country involved truck accidents.

According to initial research, a large proportion of the truck crashes examined were caused in part due to some action on the part of the driver. Driver distraction and not giving enough time to complete driver tasks seemed to be the biggest cause of truck accidents. Excessive speeds, failing to yield right of way, incorrect lane changes, and tailgating were among the other top accident factors that the researchers uncovered. In fact, initial research suggested that in about 73% of examined accidents, driver related issues were at least a contributing cause of the collision.

In about 13% of accidents, researchers concluded that environmental-related causes were a contributor, while in about 7.8% of cases road-related issues where a problem. Defective brakes, cargo problems, and other vehicle-relates issues contributed to accidents in about 6.1% of cases, according to the initial findings of the researchers.

Initial research also found that most the truck collisions studies occurred between noon and 3 pm and almost 78% of the accidents occurred in full daylight with no poor weather conditions present. Researchers further concluded that most of the truck accidents occurred in high-speed areas.

Dissanayake and Kotikalapudi are continuing their research and hope to be able to make safety recommendations based on their findings. Their research may also help suggest reasons for Miami traffic accidents involving trucks. If the findings are similar in Florida, it could suggest that careful training and screening of truck drivers as well as more resources and support for truck drivers may be a good way to prevent Miami car accidents involving trucks. Ensuring that truck drivers can give their full focus to their driving can help prevent some of the accident causes that Dissanayake and Kotikalapudi have uncovered.

The research findings of Dissanayake and Kotikalapudi may also suggest one reason why Miami truck accident victims who have sustained a serious injury may wish to speak with a personal injury attorney. According to the initial findings, many accidents are caused by preventable reasons and truck drivers as well as potentially other liable parties may be held accountable for their actions. Holding drivers accountable when they speed or drive distracted can help pressure truck carriers to screen and train drivers carefully to prevent further legal action.

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Rear-End Miami Truck Accidents

Published on: June 12, 2012 | By Flaxman Law Group

According to the Federal Motor Carrier Safety Administration (FMCSA), 18% of the 400 000 annual truck accidents across the country are rear-end crashes. In about 70 000 of these truck crashes each tear, it is either the truck that rear ends the other vehicle or the vehicle that rear-ends the truck. Rear-end Miami truck accidents can be especially devastating when the truck rear ends a passenger vehicle. The size and force of the truck can crush much of the vehicle and cause devastating injuries to those inside the car.

However, truck collisions in which the car rear ends the truck can also be very devastating. These accidents can cause a underride accident, in which the car slides entirely under the truck and is dragged along until the truck comes to a complete stop. These Miami car accidents tend to cause fatalities and serious injuries, since the top of the car can be completely crushes or even sheared off, causing devastating injuries to those inside the passenger vehicle. In fact, according to the FMCSA, trucks struck cars in about 28 000 accidents each year, while 42 000 nationwide truck rear-end accidents were caused by passenger vehicles striking trucks. Nevertheless, there were more fatal accidents in cases where the vehicle rear-ended the truck. There are 271 truck accident fatalities in accidents involving a truck rear-ending a car, compared to 461 fatalities in cases where the car struck the truck.

Underrides contribute to many of the accident fatalities. Another reason why these types of accidents are especially fatal is because passengers sitting in the front of a car are more protected when a truck strikes the rear of the vehicle – the truck must move from the trunk and through the rear passenger seat to harm the driver and front-seat passenger. In a collision where a car strikes a truck, there is only the hood and windshield of the car protecting passengers. This is especially a concern since passenger car drivers are more likely to rear-end a truck than trucks are to rear-end a passenger car.

Fully-loaded commercial trucks can weigh as much as 80,000 pounds or more. In a Miami traffic accident, these vehicle have a great deal of force, which can easily crush pedestrians and smaller vehicles. In Miami truck accidents involving speed, the kinetic force of a commercial truck is much larger and the instances of serious injury of fatality are therefore more common. While it is possible to walk away from a low-speed Miami truck collision with few injuries, when that same collision involves speed it is far more likely that the passengers of the car will have serious injuries.

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Why are Davie Truck Accidents Caused by Distracted Driving and Fatigued Driving Still an Issue?

Published on: June 8, 2012 | By Flaxman Law Group

Although much research has been done into fatigued driving and although truck drivers are well aware of the dangers of driving while tired, fatigued driving continues to cause Davie car accidents – as well as truck accidents across the country. This is despite awareness campaigns as well as federal rules aimed at reducing drowsy driving. Distracted driving is similar – despite awareness campaigns and rules, drivers continue to drive distracted and cause accidents due to this decision.

There are many reasons why fatigued driving and distracted driving continue to cause Davie truck accidents. One reason for distracted driving, for example, is that many drivers feel they can handle distractions. Studies have shown that many drivers of passenger cars, for example, do not feel that they will cause a Davie car accident by texting or talking while driving. Many drivers overestimate their driving abilities or incorrectly assume that a “second” of driving distraction will not lead to a collision.

Another problem with distracted driving is that in today’s world there are more distractions than ever before, competing for driver attention. There are more street signs as well as more mobile devices and distractions in cars and trucks. In many cases, drivers feel that they need to multitask while driving, and this can easily lead to Davie pedestrian accidents and traffic accidents.

Truck carriers may also be partly responsible for fatigued driving and distracted driving if they establish policies which do not allow drivers to drive safely. For example, if truck companies establish unreasonable deadlines for drivers, drivers may be forced to drive even when they are tired. If truck carriers expect to be able to reach drivers at all times on their cell phones, this can encourage drivers to talk on their phones while driving. If truck companies set these types of rules and drivers attempting to follow these rules cause a Davie truck accident, the carrier may be held partly liable for any injuries that result.

Another issue is that drivers may not be aware of sleep apnea and other conditions which make them fatigued. In many cases, fatigue is not caused just by lack of sleep but rather by a medical condition. Sleep apnea, for example, causes sufferers to wake up frequently during the night. Patients may wake up and not realize that they have had a poor sleep, but they face sleep deprivation and are at risk of a traffic collision. Even a simple cold can cause poor sleep and fatigued driving. Worse, the over the counter and prescription medications that many drivers may take for a cold or other conditions may cause drowsiness and may affect driving ability as well.

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Speed Limiters And Their Effect on Miami Truck Accidents

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

According to a study by the Federal Motor Carrier Safety Administration (FMCSA) Office of Analysis, Research and Technology, trucks equipped with speed limiters have a lower rate of accidents. According to the organization, commercial trucks equipped with the devices have a 50% lower crash rate when compared with commercial trucks not equipped with speed limiters.

Speed limiters are devices which electronically keep tabs on a truck’s speed and keep trucks form exceeding specific speeds. Also known as intelligent speed adaptation devices, speed limiters have been touted by some experts as an effective way of preventing accidents. Experts in Florida, for example, can use the devices to ensure that Miami traffic accidents are not caused by excessive speeds. This is significant because when high speed is a factor in a Miami car accident involving a large truck, the force of the accident is very likely to cause fatalities and serious injuries. Preventing trucks from speeding is also important in preventing Miami truck accidents in the first place. In many cases, truck accidents occur when drivers speed and lose control of their vehicle or travel too quickly to react in a timely manner to hazards and obstacles.

According to the FMSCA report, the crashes that would be potentially affected by speed limiters depend on the type of crash, the weather, accident location, and the collision narrative. In commercial truck accidents where speed limiters are relevant, the study found that trucks without intelligent speed adaptation devices had a crash rate of five accidents per 100 trucks each year. Those with the devices, in comparison, had only 1.4 accidents per 100 trucks annually. The report shows that for all truck collisions – not just for those where speed limiters are relevant – commercial trucks without intelligent speed adaptation devices had 16.4 collisions per 100 trucks each year while trucks equipped with the devices had a crash rate of 11 accidents per 100 trucks annually.

Partly as a result of the report, some experts would like to see legislation passed at the federal level to require that all commercial trucks be equipped with the devices. Currently, between 60 and 80 percent of trucks in the industry have the devices installed already. According to experts, ensuring that all trucks have the devices is significant because in 2011 the FMSCA released research showing that speeding was a key factor in commercial vehicle collisions. As a result, many feel that having the devices in all commercial trucks could impact the national rate of truck accidents.

While it is hoped that the devices would reduce the number of Miami truck accidents, however, the devices alone cannot prevent all accidents. Since the devices would only potentially be installed on commercial trucks, they would not prevent passenger vehicle from speeding and causing Miami traffic accidents. As well, the devices would not address other issues causing truck accidents. They would not address driver fatigue and distracted driving, for example, as well as other common causes of Miami truck accidents.

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