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

Could New Rules Prevent Some Miami Lakes Truck Accidents?

Published on: May 22, 2012 | By Flaxman Law Group

The US Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) has recently proposed new rules aimed at preventing rollover accidents involving buses and large trucks. Could the new rules help prevent Miami Lakes bus accidents and truck accidents? Some experts believe so. Under the proposed changes, large trucks, buses, and motor coaches would be required to have electronic stability control (ESC) devices, which some industry experts believe are imperative in preventing rollover accidents.

Electronic Stability Control (ESC) devices are comprised of a computer and sensors. The devices monitor the response of a truck to steering input, and the devices can also apply brakes when needed. ESC devices also screen the power of a vehicle to prevent loss of control. In emergency situations, the devices can help the driver keep control of a truck in cases where the truck might otherwise veer out of control and crash.

Some research has suggested that the devices are very effective in preventing truck accidents that occur when a vehicle loses control. These are also the types of accidents that most often lead to rollover accidents. ESC devices, although they do not activate often, may be especially useful on wet roads and on highways, where loss of control can happen easily.

One reason that the NHTSA has suggested the use of ESC devices on all commercial trucks, motor coaches and buses is because some research has suggested that more than half of bus and truck rollover accidents could be prevented with the wide-spread use of ESC devices. Research also suggests that ESC devices could reduce multiple vehicle accidents on highways by up to 20% and single vehicle accidents on highways by up to 49% if the devices were used in pickup trucks and passenger vehicles. Many trucks, buses, and motor coaches already use ESC devices.

Preventing Miami Lakes rollover truck accidents is important because these types of accidents often lead to fatalities and serious injuries. In these types of Miami Lakes truck accidents, the loss of control often leads to multiple vehicle crashes and the impact of the collision often leads to catastrophic results for the passengers of any smaller vehicles in the way. Rollover accidents are also more likely to lead to fuel leads, cargo leaks, explosions, and fires as the trucks are seriously damaged in the crash. In cases where this type of Miami Lakes traffic accident involves a truck carrying large quantities of hazardous or flammable materials, the results can be catastrophic.

Continue reading →

Could New Rules Help Prevent Davie Truck Accidents?

Published on: May 17, 2012 | By Flaxman Law Group

According to the Federal Motor Carrier Safety Administration (FMCSA), there were 33,808 people killed in truck accidents across the nation in 2009 alone. About 10% of these victims suffered fatal injuries while another 74,000 people suffered non-fatal injuries. However, the bad news for victims of Davie car accidents is that passengers of smaller vehicles suffered disproportionately. In only 15% of cases were the victims of fatalities occupants of large trucks – most were the occupants of passenger vehicles and smaller vehicles.

According to the FMSCA, the main factors leading to commercial truck accidents were speeding, failure to remain in the correct lane, and driver distraction. In about 2% of fatal large truck crashes in 2009 intoxication was a factor and in 3% of cases drivers had alcohol in their blood stream at the time of the accident.

In addition to these factors, driver fatigue also played a role in many large truck accidents. Recently, the Federal Motor Carrier Safety Administration (FMCSA) enacted new rules to Hours of Service (HOS) in order to address this issue. The changes required fewer driving hours and more rest breaks for drivers of commercial trucks. However, the trucking industry disagrees with the new rules and is heading to court in order to seek a review of the changes.
The rules require truck drivers to rest for 34 hours before starting a new week of driving on the road. As well, under the changes, drivers must have two overnights between one am and 5 am during that rest period. Furthermore, the rules require truck drivers to take a 30 minute break after every eight hours on the road. The FMSCA has deemed that all drivers must comply with the new rules by 1 July 2013.

While the FMSCA and other experts believe that the rules will prevent driver fatigue and will prevent Davie truck accidents as well as truck accidents across the country, many truckers disagree. The American Trucking Association has filed a petition asking for a review to the rule changes. The petition, filed with the U.S. Circuit Court of Appeals, may keep federal authorities from adopting the new rules. At the heart of the matter are two issues. First, whether the rule making process used to enact the new rules is allowed and second, whether the new rules will in fact help prevent accidents.

Truckers and other experts who oppose the rule changes argue that previous HOS rules were enough to help prevent Davie traffic accidents. They also note that the new rules create added costs for drivers and make it harder for drivers to make a fair wage. In addition, some experts claim that the new HOS rules could actually contribute to Davie truck accidents by requiring more trucks on the road and by making good drivers less interested in the trucking industry. Some experts also claim that the added costs of reduced hours may prompt some carriers into reducing costs elsewhere, rather than using money for better safety.

Continue reading →

Summer Road Hazards and Coral Gables Truck Accidents

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

The summer presents many driving opportunities, but it also means more trucks and cars on the roads, which can mean more Coral Cables traffic accidents. As well, the unique conditions of summer can lead to new perils. There are many road hazards that are particular to summer that can lead to Coral Gables truck accidents and traffic accidents:

1) Hot roads. During Florida summers, very hot temperatures can turn asphalt roads into very hot surfaces, and these surfaces can be very detrimentally to rubber tires. Truck tires may be especially vulnerable to Coral Gables tire blowouts and tire defects due to the weather, since rubber disintegrates faster in very hot conditions. When commercial trucks are overloaded, this puts even more pressure on the tires and makes tire blowouts even more likely.

2) Summer weather conditions. Hot weather can also be dangerous for drivers. Hot weather can cause drowsiness and discomfort, which can be distracting and dangerous. Drowsiness in the summer heat can be especially dangerous for truck drivers, who must often drive for long hours as part of their job. Drowsiness due to hot weather can be an especial problem if it is combined with sleep problems or with over the counter medications that lead to sleepiness. Summer sun can also cause glare and can make it harder for drivers to see properly, which can lead to a Coral Gables car accident or traffic accident. The sun can also lead to headaches, dehydration, and other problems, which can be distracting. This is one reason why keeping sunglasses and bottled water in the car is an important precaution in the summer.

3) Heavy summer traffic. Summer traffic inevitably means more cars, trucks, pedestrians, and every other type of traffic as more residents head outside and as more visitors arrive in the city. Higher traffic volumes and the fact that more types of road users are sharing the roads can increase the risk of Coral Gables traffic accidents, however.

4) Summer road work and construction projects. Summer is often when road work and construction projects take place, but these projects can cause congestion and traffic snafus that lead to Coral Gables truck accidents.

5) Summer distractions. Summer often means more distractions, including street festivals and events as well as special advertising and promotional campaigns. These distractions can make it harder for drivers to focus on driving, which can lead to Coral Gables car accidents.

6) Animals. Warm weather means that more animals – including pets as well as wildlife – are out and about. It can be an especial problem for truck drivers, since they tend to drive late at night and early in the morning, when wildlife is more likely to be on the roadways.

Continue reading →

What To Do if You are in a Miami Truck Accident When Visiting Florida

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

If you are visiting Florida and find yourself involved in a Miami traffic accident, it can be terribly frightening. You may not be familiar with local laws, you may not know anyone in town, and you may be far from home. A Miami truck accident can be frightening for anyone, but can be more so if you are unfamiliar ground. Here is what to do if the worst happens:

1) Stay calm and get help for anyone who needs it. If anyone is injured in the accident, get them help right away. If someone is seriously injured, do not try to move them. Contact 911 and follow the dispatcher’s instructions until emergency help arrives. In the meantime, stay calm and avoid making any statements that imply that you accept blame for the accident. When speaking with the other driver, stick to the facts and let the authorities assign fault.
2) Get information from the driver and from any witnesses. Get as much information as you can, including names and contact information.

3) Evaluate the seriousness of the accident. If the accident is serious, wait until help arrives. If the accident is minor and no one is injured, Florida law requires you to remove your vehicle to the side of the road so as not to obstruct traffic.

4) Gather information and evidence. Take photos of the accident scene if you can and take down any pertinent information – such as the location time, date, and other details – as soon as you can, before you forget. This information may be important if you decide to take legal action after the collision.

5) Report the accident. If there are injuries or serious property damage or you believe that the other driver was driving under the influence, contact the police to file a report. In a more minor accident, you may simply choose to inform your insurance carrier.

6) Contact a Miami personal injury attorney. If you have sustained injuries in a Miami truck accident, you will want to contact a Miami personal injury attorney. The liability issues surrounding commercial truck accidents are complex, especially if you are out of state. An experienced attorney can help you protect your rights and can ensure that you don’t have to pay for too many of your injury costs out of pocket. It can also be very important to have someone familiar with Miami law on your side as you determine what to do after an accident. In many cases, a local attorney can even suggest where to go for medical help or car repairs as well, so it can be good to have someone with local expertise on your side.

7) Get a medical evaluation. Even if you show no symptoms after your accident, it can be important to get evaluated by a local clinic as soon as possible. Some serious injuries, including brain injuries, do not show symptoms right away bust can still prove fatal, and Miami brain injury patients who get help immediately have much better recovery rates than injury victims who wait.

Continue reading →

Summer Traffic and Miami Truck Accidents

Published on: May 3, 2012 | By Flaxman Law Group

As we recently discussed on this blog, summer traffic can mean some unique hazards that can lead to Miami truck accidents. To avoid Miami traffic accidents this summer, make sure that you:

1) Give trucks and other large vehicles more room. Delivery trucks, RVs, tourist buses, and other large vehicles take longer to stop than passenger vehicles. They also have more blind spots than the average vehicle and may stop unexpectedly. Give buses, trucks, and RVs more room and be aware that these vehicles may stop suddenly. A good rule of thumb is to stay well back enough to see the driver’s side view mirrors. If you cannot see the mirrors, the driver likely cannot see you.

2) Drive distraction free. Distracted driving is dangerous at any time, but during the summer, when there is more traffic and more pedestrians on the roads it can easily lead to a Miami pedestrian accident or car accident. Put mobile devices and any other distractions away and only drive when you can put your full focus on the road.

3) Drive sober. Miami drunk driving accidents can be an especial problem in the summer, when the hot weather can make cool beers especially attractive. The many special events and barbeques serving alcohol can also make it easy for drivers to make the wrong decisions. However, alcohol can be especially dangerous in the summer, when the heat can make the effects of alcohol even more acute. It is therefore a good idea to avoid all alcohol before driving and to use taxis or public transportation to get home if you have been drinking.

4) Keep your car in good shape. Summer can be harsh on a vehicle. The heat can cause a car to overheat and can also cause additional wear and tear on tires. Taking your car to a reputable mechanic is a good precaution, and can help you ensure that your car is in good enough condition to be safe on the roads. A car that responds as you expect it to can help you avoid an accident.

5) Drive relaxed and well-rested. Driving when you are tired or stressed out can be dangerous and can lead to a Miami car accident, since you may make the wrong decisions and respond slowly in these conditions. Driving tired is especially dangerous in the summer, since the heat can make you feel even sleepier and can make it harder for you to focus on the road. Driving when you are upset can also be a problem in the summer, when higher traffic volume and more obstacles require more of your patience.

6) Stock your car well. Keep a first aid kit, sunglasses, water, and a blanket in your car. Driving in the summer can be uncomfortable, due to the heat and the glare of the sun. Keeping sunglasses on hand, as well as other supplies, can make trips easier.

Continue reading →

Can Summer Mean More Miami Truck Accidents?

Published on: May 1, 2012 | By Flaxman Law Group

Are Miami truck accidents and traffic accidents more prevalent in the summer months? While statistics disagree about the issue, there is some anecdotal evidence to suggest that summer poses some unique challenges when it comes to avoiding Miami traffic accidents:

1) Summer often means building and construction season as well. Summer is often the time when new construction projects get underway and when road work is completed. This can mean that more trucks are needed in these areas to bring materials to the sites, but it can also mean traffic congestion and construction areas that increase the risk of Miami car accidents and traffic accidents.

2) Summer means season businesses, which means more trucks. Many businesses open during peak tourist season, which is in the summer. Some businesses cater specifically to summer travelers and to cruise ship tourists. These businesses often rely on trucks to bring supplies, souvenirs, and other needed materials, and these seasonal businesses can mean that there are more trucks on the roads in the summer, which can increase the risk of Miami truck accidents.

3) Summer means tourists, and that means more traffic of all types. Travelers pour into Miami in the summer, and take to the streets in rental cars and on motorcycles, bicycles, and on foot. There are also tourist buses and special tours which pour more types of traffic into city streets. All these types of traffic sharing the roads can mean more Miami pedestrian accidents and traffic accidents overall.

4) Tourist season means more people who may not be familiar with the city. Most tourists drive safely and responsibly. However, driving as a tourist does pose some additional challenges – challenges that can lead to a collision. Those who are unfamiliar with city streets may be driving slowly and making frequent stops to check street signs or maps. Those who are unfamiliar with the city may also be distracted by city attractions or maps as they drive.

5) Tourist season can mean RV and moving van season, too. Summer means that there are more large vehicles on the roads. Visitors may arrive in their RVs and many families choose the summer to move, meaning that there are more moving trucks on the roads. A larger number of large vehicles can increase the risk of Miami traffic accidents.

6) Summer can mean seasonal drivers. Trucking companies are like any other company – come summer, many employees want vacation time to travel with their families. This can mean that companies need to hire seasonal drivers to take on summer work. While companies have an obligation to screen and hire the best drivers possible, new drivers may simply not be as familiar with routes and policies as drivers who have been with the company for a while.

Continue reading →

What Risk Factors Can Cause Tamarac Truck Accidents?

Published on: April 24, 2012 | By Flaxman Law Group

Being in a Tamarac car accident caused involving a truck can be one of the most terrifying experiences. To avoid these types of accidents, it is important to understand the risk factors that can lead to truck accidents:

1) Blind spots. Commercial trucks, including big rigs and 18 wheelers, have large “no zones” or blind spots. In most cases, larger trucks have larger blind spots – both at the rear of the truck and near the front of the vehicle. In general, it is important to see the driver of the truck in his or her side mirrors. If you cannot see the driver, he or she likely cannot see you and you are at risk. For a similar reason, you should not follow too closely behind a truck – the truck driver will likely not see you.

2) Turns. A commercial truck generally makes a very wide turn and this puts nearby drivers at risk for a squeeze play accident. This occurs when a truck driver swings to one side in order to make a turn in the opposite direction. This can cause the truck to crash into any vehicle trapped between the truck and the curb. It can also cause the truck to crash into any vehicles that try to pass the truck while the truck is making a turn. To avoid these types of swinging turn Tamarac traffic accidents, give trucks plenty of room to make a turn and do not attempt to pass a truck making this type of turn.

3) Sudden stops. Many types of commercial trucks, including dump trucks and delivery trucks make frequent, unexpected stops. Any cars that are following too closely may slide under the truck or may crash into the rear of the truck. For this reason, it is important to give trucks more room than you would give other vehicles when following behind a truck.

4) Braking issues. Larger trucks take longer to brake. Trucks are also susceptible to brake failure. Both issues can cause Tamarac truck collisions. While there is not a great deal that you can do about brake failures, you can give trucks more room and you can avoid driving distracted to avoid a collision caused by a truck stopping suddenly.

5) Cargo problems. When trucks are carrying too much cargo, this puts extra pressure on the tires, which could lead to a tire blowout. Heavy loads can also cause the truck’s brakes to overheat and fail. In some cases, incorrectly secured cargo can fly off the truck and into oncoming traffic or can destabilize a truck so that it is at risk for a rollover. If you see a truck that looks like it may have incorrectly secured cargo, put extra room between you and the truck.

Continue reading →

Understanding the Types of Palmetto Bay Truck Accidents

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

Big rigs and commercial trucks cause Palmetto Bay truck accidents each year. While each Palmetto Bay traffic accident is different, many truck accidents fall into one of a few different categories:

1) Rollover accidents. Large trucks such as semis can easily rollover. In many cases, this can occur because a driver is speeding, especially around a curve or when turning. However, even when traveling at just 5 mph, a larger commercial truck can roll over if the truck rolls over a curb or object or if the truck is heading down a steep incline. The top-heavy nature of trucks makes them prone to this type of accident.

2) Jackknife accidents. This type of accident often occur when the drive axle brakes on the tractor lock up, sometimes due to brake failure or some other cause. When this happens, the trailer skids and only comes to a halt after it forms a sharp angle with the truck. While the accident is in progress, the driver has no control of the truck and the truck can easily collide into and crush any vehicles or objects in its wake.

3) Tire blowouts. Tire blowouts can occur on any vehicle, but when they happen on a passenger car in most cases the driver can safely steer the car to the shoulder of the road and change the tire before a Palmetto Bay car accident occurs. When a tire blowout occurs on semi truck, controlling the vehicle is much more difficult due to the size and force of the truck. The truck can easily veer out of control, crashing into other cars. The pieces of tire can also crash into oncoming cars, possibly obscuring the vision of the drivers. In many cases, tire blowouts are preventable and are caused by poor maintenance, tire defects, overloading the truck, or improper tire inflation.

4) Underrride accidents. This is one of the more frightening types of Palmetto Bay car accident. In this type of accident, a smaller vehicle slides under the rear trailer of the truck. In many cases this occurs because the truck stops or slows down suddenly and the vehicle just behind it does not react in time. When an underride accident occurs, devastating damage is often the result. In many cases, the car can be dragged for some time by the truck. In many instances, the smaller vehicle has the entire cab sheared off or destroyed. These types of accidents are often fatal or result in serious injury, especially if the passenger vehicle is speeding at the time of the crash.

Continue reading →

What Seeking Justice in Miami Beach Truck Accidents Can Do

Published on: April 17, 2012 | By Flaxman Law Group

After a Miami Beach truck accident, it is common to feel upset and confused. In addition to trying to process complex information about claims and insurance laws, you may be recovering from a painful or long-term injury while also trying to get your life back on track. In many cases, where a serious injury has occurred, it can be helpful to speak with a Miami Beach personal injury attorney after your accident. While you may not be sure whether you want to pursue a legal claim following your accident, pursuing justice can do many things:

1) Get answers about the cause of the accident. In many cases, if you have been in a Miami Beach car accident with a truck, you may have many questions about what has caused the accident. You may even be accused of contributing to the accident. A good Miami Beach personal injury attorney can investigate the cause of the accident – most attorneys work with private investigators who have extensive experience with accident reconstruction and other investigative techniques. Getting the facts about your accident can ensure that you are not held responsible for something that way not your fault. Getting the facts can also help you move on and can ensure that if the accident was preventable, steps are taken to prevent similar accidents in the future.

2) Hold parties accountable for their actions. In many cases, truck carriers, truck manufacturers, and others in the truck industry are concerned about cost effectiveness. When cost effectiveness causes safety problems, however, it can be dangerous. Holding companies liable when they are reckless with safety can spur companies and even entire industries into taking steps to ensure safety for everyone. Unfortunately, in some cases it takes legal action to push a company into becoming more aware of safety and being more responsible.

3) Get fair compensation for your injuries. If you have been in a Miami Beach traffic collision involving a truck, you can often get your car insurance carrier to cover some of the costs of your injuries. Unfortunately, if you have serious injuries, your insurance may not cover all the costs related to the car crash. In many cases, victims are surprised to find out how high the costs of a car collision really are. Miami Beach spinal cord injury patients, for example, may have medical costs exceeding one hundred thousand dollars in the first year after the accident alone, and this figure does not cover lost income, property damage, and other costs related to the accident. In many cases, it may take legal action and close work with an experienced Miami Beach personal injury attorney to recover fair compensation for the injuries sustained in a serious accident.

4) Make a difference in the community and in others’ lives. When someone pursues justice through the legal system, changes are often made. In many cases, when legal action leads to a settlement or court win, companies make changes that ensure that they will not get sued. Over time, this leads to better safety practices. Pursuing legal action can draw attention to a problem and can make important changes, ensuring that others are not injured in a similar way.

Continue reading →

Responsible Parties in Hialeah Truck Accidents

Published on: April 11, 2012 | By Flaxman Law Group

Hialeah truck accidents are caused by a number of factors, including distracted driving, DUI, poor truck maintenance, poor truck company policies, fatigued driving, and other reasons. While the Federal Motor Carrier Safety Administration (FMCSA) and other government bodies have strict policies in place to make commercial trucking as safe as possible, Hialeah car accidents caused by commercial trucks still occur every year.

In most cases, there are multiple liable parties in a Hialeah traffic accident involving a commercial truck. These can include:

1) The truck driver. Truck drivers have many responsibilities on the road, including driving safely, following all traffic and commercial trucking rules, keeping a daily driving log, and performing twice-daily inspections of their vehicle. When truck drivers disobey the law, drive recklessly, and otherwise endanger the public they can be held liable if their actions lead to a Hialeah car accident or traffic accident.

2) The company that hired the truck driver. Truck carriers who hire truck drivers are expected to screen drivers carefully and to ensure that drivers have the correct training and support needed to drive safely. When truck companies fail to do so or fail to enforce policies that allow drivers to drive safely, they can be held liable if their actions lead to an accident.

3) The company that owns the truck or cargo. In cases where cargo is secured incorrectly, declared incorrectly, and in cases where a truck is not kept in good condition, the company responsible for the truck or cargo can be held liable.

4) The company responsible for truck maintenance. If a third party is responsible for truck maintenance, that company may be held liable if they are reckless or negligent in keeping the truck in poor condition.

5) The manufacturer of the truck or various truck parts. In cases where tire defects or other parts defects cause a Hialeah truck accident or traffic accident, the manufacturer of the truck or truck parts may be held liable for injuries if the company should have known or did know about the defects but failed to act in time.

6) The municipality, state, or town where the truck accident took place. Communities are responsible for maintaining roads and signage on many roads and states are often responsible for interstate roadways. When poor road conditions or signage cause an accident, the community or state may be held partly liable for some of the injuries the accident causes.

It can actually serve accident victims to have multiple liable parties in a case. While it can make the case more complex, it can also increase the odds that a victim who has sustained a serious Hialeah spinal cord injury, burn injury, or other serious injury can recover fair compensation for their injuries. This is why speaking with a Hialeah personal injury attorney after your accident is so important. An experienced attorney can investigate your accident and can seek out which parties are liable, so that you have the best chance of recovering fair compensation for your injuries.

Continue reading →