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

Could Cargo Theft Increase the Risk of Davie Truck Accidents and Other Injuries?

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

According to experts, commercial truck cargo theft is a serious and growing problem. In 2009 alone, thieves stole nearly $500 million worth of commercial truck cargo, representing a 67% jump in thefts when compared with 2008. In many cases, cargo is stolen while truckers step of their vehicle out to eat or rest. According to law enforcement, medical and pharmaceutical cargo as well as electronics are especially targeted by thieves, since these can easily be re-sold. Florida, Texas, and Georgia are considered among the highest-risk states for cargo theft.

Some experts believe that cargo theft may be fueled in part by economic woes. While the thefts are certainly a concern for trucking companies, who lose considerable amounts of money due to the crime, there is some concern that the thefts can also have a negative impact on public safety in a number of ways:

1) Possible injuries to truck drivers who want to protect themselves and their cargo. If truck drivers interrupt a theft in progress or attempt to defend their trucks, there is the possibility that thieves may attack the driver in order to steal the cargo, increasing the risk of injuries to the driver.

2) More focus on cargo safety can detract from truck safety. As truck carriers are forced to focus on cargo theft, they may have fewer resources to put towards truck safety and driver safety overall. In other words, the more carriers are focused on cargo theft, the less they can focus on driver fatigue, driver distraction, and other common causes of Davie car accidents involving trucks.

3) Thieves who steal large amounts of cargo may be driving with unsafe loads, increasing the risk of Davie traffic accidents. If thieves steal entire cargo loads off of trucks, they must then transport the cargo. If they do so in trucks, they may simply not have the skills to securely distribute and secure the load, increasing the risk of a Davie truck accident. In addition, if thieves steal flammable or hazardous cargo, they may cause a fire, toxic spill, or other dangerous situation if they do not know how to transport this type of cargo safely.

4) Thieves escaping from a crime scene may cause an increase in Davie car accidents as they are likely to speed.

5) Re-selling of some cargo goods may cause injuries. One troubling thing about cargo theft is that thieves specifically target pharmaceuticals as a form of profitable product. Unfortunately, when pharmaceuticals and other dangerous cargo are resold on the common market, there is no control over how they are used. Pharmaceuticals, taken for the wrong purposes or in the wrong doses can be extremely hazardous or even fatal. Similarly, hazardous cargoes, including fireworks, flammable materials, and others pose a danger when used incorrectly.

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Food Trucks and Truck Accidents Across Florida

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

In 2011, food trucks were a major issue in many Florida cities. Some Florida cities including Miami, argued that food trucks were a danger, because they could cause Miami car accidents due to increased traffic congestion, or could cause other types of Miami traffic accidents because food trucks attract both pedestrian and car traffic to small areas. Those who opposed food trucks argued that they posed unfair competition for restaurants and also were unregulated, making them potentially dangerous.

However, there was no denying that food trucks were immensely popular in Florida in 2011, and they had their fair share of supporters. Many argued that even in Miami, where food truck rules were tightened over the summer, food trucks had not been found to cause any Miami truck accidents or traffic accidents. Many also argued that the food trucks provided a safe and affordable option for diners.

Diners certainly flocked to food trucks in 2012. Many cited the low costs and good quality of the food as the reason. With lower overhead, food trucks were often able to provide lower prices than traditional bricks-and-mortar businesses. They are also able to travel to events and other locations where diners are, often making them a more convenient option for hungry patrons.

In 2012, Florida communities will likely see the debate about food trucks continue and may also see new legislation for the food truck industry. For example, St. Petersburg, Florida is considering a few options. The community is considering allowing food trucks in vacant lots. This, according to advocates, would help revitalize vacant areas in and near downtown while providing a service that the public wants. St. Petersburg is also considering allowing food trucks only near Beach Drive and near the Pier, where demand is greatest. Another option being considered is to allow food trucks only in cooperation with private businesses (such as existing bricks-and-mortar restaurants). This option would ensure that food trucks could co-exist with local restaurants rather than competing with them.

St. Petersburg does not currently permit food trucks, although that is expected to change by the end of 2012. Many other Florida communities, however, do permit food trucks. For example, Orlando allows food trucks to work collaboratively with local businesses as long as the trucks stay ten feet or more from the road. Tampa permits food trucks in private lots and at special events only. St. Petersburg’s efforts to bring a food truck scene into the community may eventually affect other communities who wish to allow food trucks on their streets.

While so far there have not been injuries reported involving food trucks, these are commercial trucks and in the event of an accident, they will be protected by larger insurance carriers. As well, gathering evidence in these cases and determining liability could be challenging since the truck may be owned by more than one entity and may be located on a city street or a private lot owned by a third party. Since food trucks can simply drive away, locating drivers and evidence can also be challenging. In any such accident, victims would need to work closely with a qualified personal injury attorney.

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Preventing a Miami Truck Accident During the Holidays

Published on: December 20, 2011 | By Flaxman Law Group

There are many more Miami trucks out during the holidays than during most times of the year, as demand for deliveries and merchandise increases at this time of year. Unfortunately, it can mean that there are more Miami car accidents involving trucks at this time of year. If you wish to prevent Miami truck accidents and traffic accidents, there are a few things you can do:

1) Avoid distracted driving. Driving distracted is dangerous at any time of the year, but it can be especially dangerous during the holiday season, when there is more traffic on the roads and a greater risk of Miami traffic accidents. At this time of year, it is even more important to put your mobile devices away and give 100% of your attention to the roads and to driving.

2) Give yourself plenty of time. With the holiday rush upon us, it is common to feel somewhat harried and pressured to get plenty of errands done. However, rushing can make it more likely that you will make driving mistakes that could lead to a Miami traffic accident or truck accident. Rushing can also make it more likely that you will drive aggressively or tailgate in order to get to your destination on time. A better solution is to reduce the number of commitments where you can during this time of year and give yourself extra time to savor the holidays.

3) Give trucks extra room. There are more trucks on the road at this time of year and with more trucks and more rushing on the roadways, you will want to give commercial trucks plenty of room. Remember: if you cannot see the truck driver in the driver’s mirrors, you are too close and the truck driver cannot see you. As well, be sure to leave extra room in cases where a delivery truck may be stopping and starting often in order to drop off deliveries.

4) Use extra caution in parking lots. Parking lots are dangerous because pedestrians, trucks, and passenger vehicles are all sharing the same space. You need to be especially vigilant about trucks and pedestrians in parking lots. While parking lot accidents are usually low-speed accidents, they can be quite serious.

5) Get plenty of rest and only head out to run errands when you are well enough to do so. The holiday season coincides with the flu season, so it is not unusual to be lacking in sleep and feeling under the weather just when you are feeling pressure to run many holiday-related errands. Feeling groggy and ill, however, can increase your chances of getting into an accident. Put off errands until you feel better and more rested. If you take over the counter medication or any medication to deal with seasonal illness, make certain that the medicine will not make you drowsy or sleepy.

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Avoid a Parking Lot Miami Truck Accident This Holiday Season

Published on: December 15, 2011 | By Flaxman Law Group

If you have been holiday shopping this year, you have likely noticed that parking lots are extremely busy at this time of year. Unfortunately, parking lots can also be the site of many holiday Miami traffic accidents. Parking lots require pedestrians, trucks, and cars to share the same space and as more trucks, pedestrians and cars converge on parking lots at this time of year, accidents are more likely. You can reduce your risk of Miami pedestrian accidents, truck accidents, and traffic accidents in parking lots this year by following these safety tips:

1) Be aware where trucks park in your mall parking lot. They may park in a separate area behind stores in order to make deliveries. If this is the case, try to park away from the route that trucks would need to take to get to their delivery area. This will keep you safer as you drive to and from your space and walk to and from your car.

2) Give yourself plenty of time to do your shopping and errands. The less time you have, the more frantic you will be and the more rushed, which makes you more likely to make mistakes that could lead to a Miami car accident.

3) Don’t cut corners when driving through a parking lot. Treat parking lots just like roadways, with lanes of traffic. Do not drive across parking spaces, even if they are empty, to get to a far corner of the lot more quickly. You are sharing the parking lot with other vehicles as well as with children and pedestrians. Stick to those lanes where pedestrians and cars expect vehicles to be.

4) Don’t drive distracted. Although you are driving slowly through a parking lot, you need to be even more alert since other vehicles may pull out in front of you or pedestrians may emerge from in between parked cars. When driving through a shopping mall parking lot. Do not check your messages, text, make phone calls, or change your music. Keep your full attention on the road.

5) Be especially careful at entrances and exits. These are the areas where bottlenecks and accidents are more likely to occur, especially as shoppers and delivery trucks are anxious to get in and out of the parking area. Proceed slowly, make eye contact with other drivers, and yield right of way. When a truck is trying to enter to leave the parking lot, provide plenty of room and make sure that you are not following behind the truck too closely – if you cannot see the truck driver in the mirrors, he or she cannot see you.

6) Stay calm. Holiday stress can easily translate to road rage in a shopping parking lot, especially if someone cuts you off or takes a parking space you were trying to drive into. Do your best to stay calm and avoid engaging with stressed out drivers who may be suffering from road rage.

7) Be cautious when walking to and from your car. Make sure that drivers can see you, stick to pedestrian areas, and avoid emerging from in between parked cars. This is especially important if you are shopping at night or in darker conditions, where visibility is poor. In busy parking lots, Miami pedestrian accidents are a real concern.

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Why Miami Truck Accidents Are an Especial Concern During the Holidays

Published on: December 13, 2011 | By Flaxman Law Group

At any time of the year, Miami truck accidents can be devastating. Many Miami brain injury victims, spinal cord injury victims, and other seriously injured victims receive their injuries from Miami traffic accidents. Due to the size and force of commercial trucks, accidents involving these types of vehicles can be especially deadly. A large commercial truck can completely flatten and destroy a passenger vehicle, causing extensive and even fatal injuries to any passengers stuck inside the car. Unfortunately, some experts believe that truck accidents are more common at this time of year for a number of reasons:

1) More trucks are on the road. Holidays are a busy time of year for retailers, and many retailers get more deliveries at this time of year. There are also more deliveries being made to residences at this time of year as companies offer delivery services and as presents are delivered by mail to customers. With more trucks on the road, there is also a correspondingly bigger risk of Miami truck accidents.

2) More temporary drivers are driving trucks. To cope with increased demand, some companies and carriers hire seasonal workers to meet deadlines. Some of these drivers may have less experience with specific routes than drivers who have been doing the same job for months or years.

3) More traffic is present on streets overall. During the holiday season, many more people are out and about to run holiday errands, finish their shopping, and take part in holiday events. In addition to more cars on the road, there are also more trucks on the road as businesses try to capture the profits possible during this time of year.

4) Busy parking lots are a fact of life during the holidays. Parking lots are a major hazard during the holidays, as trucks are trying to make deliveries and as more shopper pour into the malls to take advantage of holiday deals. This can lead to frayed emotions and even road rage, increasing the risk of a parking lot Miami traffic accident.

5) More rushing. As people feel the stress and pressure of the holiday season, they often feel they have to rush into order to accomplish all their tasks. Unfortunately, this can lead to distracted driving as individuals try to multitask. It can also lead to fatigued driving if drivers cannot sleep well due to holiday stress. The holiday rush can also lead to road rage and speeding, which can also contribute to holiday Miami car accidents.

6) More drinking. Unfortunately, some people still choose to get behind the wheel after attending a party where there has been drinking. Each holiday season, police work to crack down on Miami drunk driving accidents, but these accidents still do occur as some people make poor choices.

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Miami Hit and Run Truck Accidents

Published on: December 8, 2011 | By Flaxman Law Group

In Florida, all drivers are aware that they need to stop at the scene of an accident in order to render assistance and in order to exchange insurance information and contact information with any other drivers involved in the accident. Hit and run Miami car accidents are a serious offence, and any driver found guilty of this criminal offence can face serious penalties. Despite the penalties, however, hit and run Florida traffic accidents continue to be a serious problem. In fact, according to the Florida Department of Highway Safety and Motor Vehicles, Miami-Dade County and Broward County had the most hit-and-runs of any Florida county in 2008.

There are many reasons why people leave the scene of an accident. In some cases, drivers panic or are fearful of being accused of causing the accident. In other cases, drivers are already doing something illegal – such as driving without a license or insurance or driving under the influence – and do not want to be caught. It can be especially difficult when the person who leaves the scene of an accident is a commercial truck driver. There are many reasons why hit and run Miami truck accidents are especially challenging:

1) Trucks may sustain fewer damages in an accident. A collision between a car and a truck usually results in severe damages for the car, but the truck driver and the truck are less likely to be severely affected. This can make it easier for a truck to drive away and to not even show much damage on the truck itself.

2) Truck drivers may not be from the area, the state, or even the country, making them harder to find. Finding a truck driver who has fled the scene of an accident can be very challenging because truck drivers drive very long distances every day and may be from a different region, making them difficult to find, especially if the victim does not notice the license plate number or other details of the truck.

3) Truck drivers may share a truck with other drivers or may rent a truck from another company. One thing that can make it even more challenging to find the specific driver involved is that some carriers rent trucks or share trucks among drivers. Even if the truck itself is located, it can require even more investigative work to find the actual driver involved.

4) A truck driver involved in a hit and run Miami truck accident may be driving a load owned by one company in a truck owned by another company and may be hired by a third party. For all these reasons, it can be very difficult to determine liability in a hit and run accident. Usually, it takes a qualified Miami truck accident attorney to evaluate liability in these cases.

Most commercial truck drivers remain on the scene of an accident and try to help. However, in a hit and run accident involving a truck, victims can be left without recourse and assistance. In these cases, it can be important to consult with a qualified Miami personal injury attorney in order to locate the driver and determine liability in the accident.

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Distracted Driving and Miami Truck Accidents: What You Can Do

Published on: December 6, 2011 | By Flaxman Law Group

According to the NHTSA (National Highway Traffic Safety Administration), distracted driving resulted in more than 450 000 injuries and 5500 fatalities. The NHTSA has worked to reduce distracted driving on the nation’s streets and even helped to institute a ban on texting and driving for commercial truck drivers. However, distracted driving still continues to cause Miami car crashes and truck accidents.

There are many things that you can do to help reduce instances of distracted driving on the roads:

1) Raise awareness. Many people are not aware that simple tasks, such as eating or drinking or checking messages can be a hazardous distraction behind the wheel. Many drivers also think that driving with a hands-free device is safer, even though studies have shown that headsets are not significantly safer than hand-held devices. The NHTSA website devoted to distracted driving education (http://distraction.gov/content/get-involved/index.html) has a number of resources that can help you educate others about the dangers of distracted driving.

2) Don’t drive distracted yourself. Every time you take your eyes off the road or allow your mind to wander from the task of driving, your accident risk is 23 times higher than it would be if you were driving distraction-free. Even if the commercial truck drivers around you are following guidelines and driving distraction-free, you can still cause a serious Miami truck accident by driving distracted yourself. The NHTSA website has a pledge that you can sign with friends and family to vow not to drive distracted.

3) Get involved in changing laws. Although there are laws preventing commercial drivers across the US from texting and driving, not all states have similarly strict laws against distracted driving for drivers of passenger vehicles. Currently, 35 states ban texting and driving while nine states ban drivers from using handheld cell phones for talking, texting, or any other purposes. Currently, Florida is one of the states with no laws against texting and driving, despite efforts by advocacy groups who claim that distracted driving leads to many Miami traffic accidents and Florida accidents each year. Preemption laws in Florida make it difficult for localities to pass and enforce laws against distracted driving. However, you can write to your local representatives if you feel strongly about the issue, in order to encourage your representatives to seek solutions.

4) Encourage strict penalties for commercial drivers who do violate the no texting and driving rule. Unfortunately, while most commercial truck drivers do take the texting ban seriously, some Miami truck accidents each year are caused by drivers who violate the rule. If you feel strongly about this, you can write to your elected representatives to encourage harsher penalties for drivers who violate distracted driving laws.

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Would Shorter Hours for Truck Drivers Decrease or Increase Miami Truck Accidents?

Published on: December 2, 2011 | By Flaxman Law Group

Fatigued driving is a major concern for those who wish to decrease the number of Miami car accidents and truck accidents. There is well-established research that driving sleepy can be just as dangerous as driving drunk, as it affects reaction times, mobility, and other risk factors just as much. There are already many regulations intended to limit the hours that commercial truck drivers can spend on the road and the number of hours they must rest before they can resume driving.

However, there has been a growing movement to reduce hours of service for truck drivers even further. Advocates of the changes say that reducing the current “hours of service” limit from eleven hours a day to ten hours a day can further curb fatigued driving and the number of truck accidents caused by the problem. Others, however, claim that reducing hours can actually contribute to truck accidents.

A congressional panel was recently held in order to explore the issue. W.S. Badcock Corp., a furniture retailer, testified on behalf of the National Retail Federation (NRF), stating that reducing hours of service more would place more trucks on the road, effectively increasing the risk of Miami truck accidents and traffic accidents across the country. The furniture store also noted that the new rules would increase costs for the retail industry and hurt the US economy as a whole.

Retailers are also concerned about another proposed change – one that would require two nighttime rest periods for truck drivers taking the required 36-hour break after each week of driving. Retailers are concerned that in urban cities such as Miami, traffic accidents might actually become more common with this proposed change, since currently many truck drivers drive in city areas at night to avoid daytime traffic. Effectively reducing the possibility of nighttime deliveries, retailers state, could mean that trucks will be forced to share the road with Miami daytime traffic, leading to more congestion and more accidents.

The current 11-hour hours of service daily limit was introduced in 2004 and according to federal agencies the number of fatal commercial truck accidents declined 31% between 2007 and 2009, likely due at least in large part to the change. Since the initial restriction on driving hours had such a positive impact on truck crashes, some advocates of the new driving changes suggest that reducing hours of service may further reduce the number of truck traffic fatalities. However, others argue that any changes would upset the current systems in place and could result in more accidents. It is unknown at this time whether the new rules will be adopted or not.

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Distracted Driving, Miami Truck Accidents, and Legislation

Published on: November 29, 2011 | By Flaxman Law Group

Thanks to the efforts of advocacy groups, many Americans are now aware of the dangers of distracted driving. To help prevent Miami truck accidents, there are federal laws in place which prevent commercial drivers from texting and driving. However, Florida currently has no laws preventing other drivers from texting and driving. Distracted driving continues to be a major cause of Miami car collisions. According to the NHTSA, 16% of fatal car accidents across the country in 2009 involved distracted driving.

One problem with banning distracted driving and thus preventing more Miami traffic accidents is that distracted driving is hard to legislate. While the focus in recent years has been on distractions caused by texting, there are a number of things that truck drivers can do while driving that can be just as dangerous:

1) Using any mobile device. Using any mobile device can be a distraction, and the VTTI has found that using headsets or other hands-free devices is not significantly safer than using hand-held devices. In addition, police across the US have admitted that it is very difficult to catch drivers who text or talk while driving. Texting can be especially easy to hide, since drivers can keep their mobile device in their lap, where it will not be noticed by any drivers or police passing by. Even since the texting ban, a number of truck accidents have occurred because a driver was texting while driving.

2) Eating and drinking. Truck drivers routinely eat on the road, especially when they are trying to make a deadline. However, experts agree that eating and drinking are among the most dangerous things that drivers can do. Each year, many Miami car accidents and other traffic accidents occur when drivers are distracted by spilled food and drink in the car. As well, opening food packaging can take the driver’s eyes off the road and hands off the wheel for seconds at a time – more than enough time to cause a Miami pedestrian accident.

3) Grooming. Checking hair or other grooming tasks dangerously remove the driver’s eyes off the road. Again, however, this behavior is very difficult to legislate, especially as legislating something like this could be seen to infringe on personal rights.

4) Reading maps and using navigation systems. In many cases, truck drivers need to make deliveries in areas that are unfamiliar to them. As a result, many drivers rely on navigation systems or, less often, on maps, to get them to their destinations. Unfortunately, these tasks take the driver’s eyes off the road.

5) Entertainment. Perhaps one of the most distracting things that drivers do is also the most difficult to legislate. Truck drivers spend many weary hours on the road and most rely on some form of entertainment – such as audio books, radio stations, or music – to make the time go by. Unfortunately, focusing on this entertainment can distract the driver. As well, changing stations, adjusting music, or otherwise changing the entertainment can cause an accident.

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Are Mexican Trucks a Miami Truck Accident Risk?

Published on: November 25, 2011 | By Flaxman Law Group

The Teamsters union has been involved in a legal battle to stop a U.S. Department of Transportation pilot program which would see trucks and truck drivers from Mexico on US roads. The Teamsters allege that the trucks are unsafe and would pose a threat on the roads. They also allege that the pilot program is illegal. The lawsuit has created quite a bit of media coverage and has many in Florida asking whether Mexican trucks would increase the risk of Miami truck accidents as well as traffic accidents across the state.

One reason that the pilot program is so controversial is because Mexican drivers, under the program, would not be mandated to meet the same physical requirements as US drivers and would not need to show proof that they adhere to safety standards. They would also not need to meet the standards established by the National Environment Policy Act. Many are concerned about this, since US drivers and trucks must meet a long list of requirements in order to drive on the roads. The Teamsters, as well as some truck drivers and carriers, are concerned that Mexican truck carriers do not need to meet these same strict guidelines when driving on US and Florida streets.

Also at issue is the safety standards of trucks allowed to drive in US roads. Some of the truck carriers from Mexico approved by the pilot program, for example, have had safety issues. The pilot program at first approved Grupo Behr, a truck carrier from Tijuana. However, the pilot program eventually withdrew that approval after it was found that the carrier had one semi-tractor trailer that was 20 years old and had safety problems. The pilot program eventually approved Transportes Olympic, another truck carrier. However, the Teamsters and other groups have expressed concerns about the safety problems possible with this carrier, as well.

According to the Federal Motor Carrier Safety Administration (FMCSA), US taxes will pay for electronic On-Board Recorders with GPS for all Mexican trucks. While this may make it easier to keep track of any trucks from Mexico involved in accidents on the US border, some groups are upset, since US truck carriers must pay for these devices out of pocket. US taxes will also pay for muffler replacements on some older Mexican trucks, to ensure the safety of US air quality.

Despite the concerns, the first trucks from Mexico were allowed to enter the US on October 2011. Canadian trucks have been allowed on US roads for some time. So far, it is not known how any Miami car accidents involving Mexican trucks might be handled. Such cases may necessarily be more complicated, since victims would need to pursue carriers and drivers across the border. Since Miami is a major port and business center in the US, it does see quite a bit of truck traffic. So far, it is not known how the approval of Mexican trucks in the US would impact Miami traffic accident rates, if at all.

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