Item: Flaxman Law Group
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Author: Clara Barman

Is the Obesity Epidemic Contributing to Miami Truck Accidents?

Published on: November 22, 2011 | By Flaxman Law Group

When many people think of the causes of Miami truck accidents, speed, distracted driving, fatigued driving, and substance abuse may be the top causes that come to mind. However, according to a recent article in The New York Times, obesity and health issues may be a risk factor that we all need to take seriously to reduce the number of truck accidents on US roads.

According to a 2007 article in The Journal of the American Dietetic Association, there were 3.2 million truck drivers in the US that year, and roughly 86% of those drivers were either overweight or obese. When the Healthy Trucking Association of America held a blood pressure screening a few years ago, 21 of 2000 drivers tested were sent directly to the emergency room from the screening with chronically high blood pressure levels. Many more showed high blood pressure levels, and one driver had a heart attack after being screened.

According to industry experts and insurance carriers, there are many reasons why truck drivers may be especially susceptible to obesity and the health risks that come with it. For example, Miami truck drivers drive very long hours, and get very little exercise while actually driving. After long shifts, few truck drivers have the energy or motivation to work out, and finding places to work out while on the road can be challenging. In addition, drivers often eat on the road, and truck stops as well as other dining experiences on the road do not always offer the same healthy options available to those who have the benefit of eating at home most of the time.

Despite these challenges, insurance companies, trucking companies, and drivers want to see changes. According to the Bureau of Labor Statistics, truck drivers are among the most at-risk workers for on-the-job injuries and there is mounting evidence that some of those injuries may be due to the health conditions of truck drivers. According to the Federal Motor Carrier Safety Administration, approximately 87% of truck accidents in 2007 stemmed at least in part in from driver error and in 12% of cases these errors were related to health, as they were caused by heart attacks, diabetic shock, and other health problems.

There is no doubt that obesity and excess weight can pose a danger on our roads. Obesity can cause diabetes, heart attacks, sleep apnea, and a host of other medical conditions which can be extremely dangerous on the road. When a truck driver has a heart attack or other medical emergency on the road, a Miami car accident or truck accident is virtually inevitable. When truck drivers are so unfit and in such poor condition that they are ill, they may be making mistakes that lead to Miami traffic accidents.

By law, the United States Department of Transportation mandates that all commercial truck drivers need to take a bi-yearly medical exam. This exam tests for high blood pressure, respiratory problems, cardiac conditions, sleep disorders, and other medical problems which can affect a driver’s ability to drive safely. However, the tests do not address the real issue of driver health. The tests may determine when a driver is no longer safe on the road, but do not address the conditions that lead to truck driver obesity in the first place.

Some truck drivers, insurance companies, and truck carriers are fighting back. There is a growing movement of drivers looking to make health changes and companies assisting, by providing health seminars, access to nutritionists, and other resources. However, the biggest changes will likely occur when there is a financial incentive to get fit. When truck drivers can enjoy additional benefits or bonuses for staying healthy or are given more tools to stay fit, more changes can be expected.

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Why Fatigued Driving Leads to Miami Truck Accidents

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

The National Sleep Foundation, the NHTSA, police authorities, the AAA Foundation for Traffic Safety, and most other experts agree that driving drowsy is as dangerous as driving drunk. Many Miami car accidents and truck accidents take place because tired drivers get behind the wheel. Commercial truck drivers are especially at risk of accidents cause by tired driving. Since commercial truck drivers work odd hours, must drive long distances, and must meet strict deadlines, they are more likely than many other drivers to drive tired. There are many reasons why driving tired can lead to more Miami car and truck accidents:

1) Drowsiness causes awareness to decrease. A commercial truck driver who is very tired needs to focus on trying to stay awake, and tiredness can mean that the driver notices less of what is going on around them. This lack of awareness can easily lead to a Miami pedestrian accident or other accident.

2) Drowsiness slows reaction times. Studies have shown that reaction times are impaired similarly by fatigue as by drinking alcohol. Slower reaction times can mean that drivers do not have adequate time to take collision evasion action or drive defensively to prevent an accident. In a commercial truck, this can be especially deadly since trucks respond more slowly than passenger vehicles.

3) Drowsiness impairs judgment. Research suggests that judgment is as impaired by fatigue as it is by alcohol. Tired drivers may misjudge distances or make poor choices about speed and traffic signs, which can lead to accidents.

4) Tiredness may lead to vision impairment. In cases where someone does not get adequate sleep over a longer period of time, vision problems may occur. Eyes can get fatigued and dry, leading to blurry vision. In cases of pronounced sleep deprivation, a person may see flashes of light or experience other vision problems.

5) Fatigue can lead to delays in processing information. When the mind does not get adequate rest, it does not process data as quickly. This can make drivers slow to respond to traffic signs and other important traffic information.

6) Drowsiness can lead to “micro sleeps.” One of the most dangerous things about fatigue is that eventually the body needs to get sleep so badly that it effectively shuts down. Usually, this occurs with tiny micro sleeps of only a few seconds. In many cases, people are not even aware that they have fallen asleep for a few seconds. A truck driver, however, can travel the length of a few football fields in a micro sleep. This is truly frightening, and of course can easily lead to Miami traffic accidents. Eventually, the body needs sleep so badly that it shuts down completely, leading the driver to fall asleep at the wheel and lose complete control of the vehicle. In this situation, multi vehicle accidents or rollovers can easily occur.

7) Fatigue leads to mood swings and emotional upset. If you have ever woken up upset and grumpy because you did not get enough sleep, you already know that lack of sleep can lead to emotional upset. Someone who does not get adequate sleep may be angry, upset, and more likely to experience road rage.

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The Legal Issues with Commercial Truck Accidents in Miami

Published on: October 27, 2011 | By Flaxman Law Group

Commercial trucks arrive on Miami streets every day, moving items from the port of Miami, bringing items to Miami stores and businesses, and taking care of business around Miami. Since Miami is such a large city with so many businesses and residents, it’s not surprising that the city also sees quite a lot of truck traffic. Unfortunately, this can mean a higher risk of Miami truck accidents as well.

Being involved in a Miami car accident involving a large commercial trucks can be intimidating, to say the least. A fully loaded commercial tractor-trailer can weigh 80,000 pounds or more, and a collision between this type of vehicle and a passenger vehicle usually leads to serious injuries or fatalities. Each year, Miami spinal cord injury patients and brain injury patients are admitted to emergency rooms following truck accidents on Miami streets. These accidents result in lifelong injuries as well as devastated lives.

Unfortunately, getting justice after a Miami truck accident involving a commercial truck can be difficult. Commercial truck carriers have considerable insurance coverage and insurance companies have extensive legal resources in order to help ensure that they do not have to pay out too much in any insurance claim. Victims of Miami truck accidents often find themselves blamed for an accident or find that the insurance claim offers do not fully cover the cost of their injuries. In many cases, Miami truck accidents also involve trucks which are owned by state or federal governments. In these cases, there are even more restrictions and even more powerful insurance companies at play, affecting the victim’s ability to claim recovery for the injuries.

Miami truck accident victims face substantial medical costs, lost income, and other expenses and costs. If they are unable to get a fair insurance offer, these expenses need to come out of their own pocket – and in many cases these expenses add up to hundreds of thousands or even millions of dollars. For all these reasons, it is essential to speak to a Miami personal injury attorney if you have been in a serious truck accident involving a commercial vehicle. A qualified personal injury attorney has experience dealing with insurance companies, and can more effectively negotiate for a fair settlement offer or claim.

A Miami personal injury attorney can also do other things to ensure that you get the support and recovery you need. For example, a personal injury attorney can work with private investigators and accident reconstruction professionals to determine the true cause of your accident. This can be very important in convincing a commercial truck carrier to offer you a fair recovery. As well, personal injury attorneys can help find all liable parties after an accident. This can be very important, as multiple liable parties can ensure that you are able to recover a fair amount to cover all the costs of your injuries. As well, this is very important because determining liable parties after a commercial truck accident in Miami can be very difficult. For example, a commercial truck may be rented from one carrier, have a driver from another carrier, and may be carrying products for another company. Determining liability or responsible parties in this situation can be very difficult without a qualified attorney.

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The Secondary Dangers of a Miami Truck Accident

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

Miami truck accidents happen virtually every day, and they range from smaller accidents to the serious truck rollovers that affect traffic for hours. While Miami truck accidents are devastating to everyone involved, they also have many secondary dangers that all pedestrians and motorists need to be aware of:

1) Rubbernecking. Unfortunately, Miami truck accidents usually draw a large crowd. When people stop to take a look at an accident, they may inadvertently contribute to secondary accidents. Drivers who slow down to take a look may also contribute to problems such as fender benders, traffic problems, and other problems. If you see a Miami truck accident, it is best to proceed slowly and to keep your eyes on the road. If there are already emergency personnel on the road, be sure to follow their directions in order to get to your destination safely.

2) Secondary accidents. People who swerve to avoid a Miami truck accident may collide with other objects or motorists, causing additional accidents.

3) Spills and fires. Large commercial trucks often carry flammable or toxic materials. In a truck accident, these can easily spill, causing a blaze or creating a toxic environment for everyone around. A commercial truck that is fully loaded with flammable material and bursts into flames can create an inferno, shooting flames into the air for dozens of feet. If you see a commercial truck accident, it is important to get out of the way as quickly and as safely as you can, in case the truck is carrying something hazardous. If you see a truck on fire, contact emergency personnel and keep your distance.

4) Disabled trucks can block the road or lanes of traffic. Trucks that have flipped on their side or are otherwise un-drivable can block an entire road or several lanes of traffic. Oncoming vehicles that are not aware of this can easily collide with each other or with the truck itself, causing additional accidents. Truck drivers are required to set up warning signs where possible after an accident. However a truck driver may be too injured in order to do this. The hazards are especially pronounced in poor visibility conditions, such as fog or rain. Disabled trucks that are blocking lanes of traffic can also cause congestion throughout an entire area of the city as motorists look for alternate routes to get to their destination.

5) Property damage. The impact of an 80,000 pound commercial truck flipping over or lighting on fire is enough to do serious damage to roads, traffic signs, and other city property. In cases where the roads and traffic systems are not fixed immediately, other motorists may be in danger of Miami car accidents due to the damage.

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Miami Pedestrian Accidents Involving Large Trucks

Published on: October 18, 2011 | By Flaxman Law Group

In many cases, Miami truck accidents involve accidents between trucks and other motor vehicles. However, every year people are injured while walking too close to trucks. Miami pedestrian accidents involving trucks are far more common than many people think. Miami has high pedestrian traffic as well as high truck traffic, due to the size and vibrancy of the city. Unfortunately, Miami pedestrian accidents involving trucks usually lead to serious injuries or fatalities. A pedestrian has virtually no chance against a large 80,000 pound commercial vehicle.

Unfortunately, emergency medical personnel see Miami truck accidents involving pedestrians all the time. It is an unfortunate fact that there are many places where trucks and pedestrians share the same space, increasing the risk of an accident. For example, in many commercial parking lots – including mall parking lots – trucks deliver goods in the same areas where pedestrians are walking to their cars. As well, large trucks put out fires, deliver our mail, and pick up our garbage. These everyday larger vehicles can also pose a serious hazard for pedestrians. Fortunately, there are things that pedestrians can do to avoid becoming involved in a truck accident:

1) Teach children to stay away from trucks. One of the most tragic things about Miami pedestrian accidents involving trucks is that they often do involve small children. Small children are naturally drawn to trucks, and may not realize the dangers. Children are also so small that truck drivers simply cannot see them, especially if a child wanders into the blind spot of a truck. Parents need to be especially vigilant when a child is playing outdoors or is walking in parking lots where trucks may be sharing the area with pedestrians.

2) Don’t walk where truck drivers are not expecting pedestrian traffic. Staying on designated pedestrian areas ensures that drivers are more likely to see you. Popping out between cars, walking in the path of a truck, and sharing the space where a truck is driving are poor choices that can lead to an accident.

3) Stay visible. If you like walking at night or in poor weather, make sure that you are wearing highly visible clothing, so that all motorists can see you.

4) Assume that truck drivers cannot see you. Truck drivers may not be looking for pedestrians in all areas, and the blind spots on commercial trucks, especially, can be significant. It is always safest to assume that truck drivers cannot see you until you make eye contact with the truck driver. If you cannot see the truck driver, he or she cannot see you.

5) Keep in mind that trucks make frequent stops and starts. Trucks that are delivering goods or picking up garbage may make frequent stops and may back up suddenly. Approach such vehicles with caution and give them a wide berth.

6) Be cautious of trucks turning. Trucks with wide loads can easily crush a pedestrian who is caught in the way. Truck drivers also usually cannot see a pedestrian walking up alongside a truck in this situation, so give the truck lots of space and wait until it drives off before continuing your walk.

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Could Towing Irregularities Cause Broward County Trucking Accidents?

Published on: October 4, 2011 | By Flaxman Law Group

A number of complaints have been filed in South Florida pertaining to tow truck operators. In some cases, drivers have complained that tow truck operators have towed their vehicles to far-off lots, have towed their vehicles from legal parking spots, or have charged exorbitant fees. The Broward County consumer affairs department has seen 102 such complaints filed against towing companies since 2009.

Local police in Broward County enforce Florida laws which govern where tow zone signs can be placed and where tow trucks can place cars for storage. Broward County also has specific rules which require towing companies to file a business tax receipt locally. Unlike other counties in Florida, Broward County does not require badges or background checks for tow truck operators.

In Broward County, there are non-consent towing fees. This means that if a driver is parked illegally in a place where they can be towed, Broward County permits tow truck operators to tow that car and charge a flat $100 towing fee. However, some motorists in Broward County have complained about tow truck operators charging additional fees or higher fees. Broward County has reclaimed towing fees in 35 cases where consumers complained about excess fees. Refunds ranged from less than a dollar to $350 in extra fees in each case.

Additional towing charges and being towed from a spot that is not clearly marked as a towing zone is frustrating for motorists. However, it can also be potentially dangerous. Tow trucks who ignore County regulations and tow cars to distant locations for storage in order to collect extra fees spend more time on the road and can increase the risk of truck accidents.

As well, unnecessary towing could potentially be a risk for increased Broward County truck accidents. When tow truck operators tow a vehicle, they can slow down traffic. The process of towing can also create a risk of an accident. While in some cases towing is necessary, in cases where it is not necessary it could be contributing to road congestion and the risk of accidents.

Tow truck operators perform an invaluable service in Broward County. They help motorists whose cars have broken down and they keep tow-away zones clear for emergency vehicles and other important traffic. However, it is important that tow truck operators obey all County laws to ensure that no unnecessary risks are taken. Every step taken to prevent Miami car accidents — and accidents across Florida — is a step worth taking.

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Load Issues and Miami Truck Accidents

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

Miami truck accidents regularly close down highways and roadways and send victims to the hospital. A number of these accidents are caused by preventable load issues. The average commercial tractor trailer is more than 40 feet long, 13 feet tall, and is loaded with freight that can weight up to 80 000 pounds. Accidents occur every day in Miami, Fort Lauderdale, Coral Gables, and other Florida cities when incorrectly secured loads cause rollovers or when materials fly out of trucks and into oncoming traffic.

Commercial trucks are designed to carry large cargo, but that does not mean that cargo problems don’t occur. In fact, city authorities see many hazards and many Miami car accidents and truck accidents caused by load issues. Common issues can include:

1) Heavy weights that lead to loss of control of the truck. When a truck carries more weight than it was designed to carry, the extra pressure means more momentum, which can make it harder for the truck to stop, especially on hills and inclines. Heavy truck weight can make it very challenging for truck drivers to stop in time to avert an accident. Heavy cargo weights can also make it easier for the driver to lose control of the vehicle.

2) Incorrectly secured loads can make it harder for the driver to steer and control the vehicle.

3) Excessively heavy cargo can place so much stress on the brake system that the brakes fail. The extra momentum on a very heavy truck going downhill is especially dangerous for brakes.

4) Excessively heavy loads place so much extra pressure and weight on tires that tire blowouts can happen more easily, leading to accidents. Tires are designed to carry a specific limit of weight and exceeding this weight leads to an accident in many cases.

5) Very heavy cargo can make it hard for truck drivers to get uphill. The truck may roll back when the driver tries to brake or may move very slowly forward. This can make rear-end collisions far more likely, especially on curvy roads.

6) Incorrectly secured cargo can move and shift during the drive, distracting the driver and leading to an accident.

7) A poorly balanced cargo load can affect the center of gravity for the truck, causing a rollover or steering failure.

8) A cargo that has not been secured properly can roll and shift suddenly, increasing the risk of a rollover.

There are laws about the weight commercial trucks can carry and there are regulations about tire and axle load, weight distribution, and cargo securing. Truck drivers, carriers, and truck companies are responsible for ensuring that trucks stay safe on the road. Truck weigh stations across Florida and across the US make sure that truck drivers follow the laws. However, some companies and drivers are not as careful as they should be about securing loads and ensuring safe load weights. A casual attitude about load issues can easily lead to accidents.

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Losing a Loved one in a Florida Truck Accident

Published on: September 27, 2011 | By Flaxman Law Group

There is nothing more devastating about Florida truck accidents than the high fatality rate these accidents cause. Florida truck accidents often make the news because the sheer force and size of commercial truck accidents often cause dramatic, devastating accidents. These types of accidents claim lives every day, devastating families. If your family has suffered this type of loss, the Flaxman Law Group would like to extend our condolences. In our experience with grieving families, we have found that families who have lost a loved one in a traffic accident may wish to:

1) Take care of themselves and their family. If you have lost a loved one, there are likely many people touched by the loss. Working together as a family and grieving together can help everyone heal.

2) Secure their future. If there are children involved, especially, safeguarding their future is often a family’s main concern. Unfortunately, when children lose a parent or family member, they lose support and also financial stability. Seeking a Florida wrongful death suit, if appropriate, after an accident can help children secure the financial resources needed for counseling and for a bright future. Working with a Florida personal injury attorney can be one way to ensure that children’s futures are secured.
3) Get answers. After a truck accident, there are often many questions. A family may wish to know what caused the accident and whether it could have been prevented, for example. Answering these questions is often important in order for a family to get much-needed closure. Answering these questions can also help a family secure a fairer settlement, which can help the family pay for memorial services.

4) Make a difference. Although a truck accident fatality is tragic, many families do want to create some good, in order to commemorate a loved one. There are many ways to do this. Some families contribute to a charitable cause, for example, while other families become tireless advocates of road safety, raising awareness to prevent other tragedies.

5) Focus on healing. All families need to focus on healing and moving forward after a devastating loss. Unfortunately, there is often much to do after a loss. Families may need to settle an estate, plan a memorial service, deal with insurance carriers, and answer police questions about the accident. Working with a good Florida attorney can help. A full service law firm such as the Flaxman Law Group, for example, is dedicated to helping injured victims and families every step of the way.

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Truck Driving a Dangerous Job: Report

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

The a 2010 report, the National Census of Fatal Occupational Injuries in 2010, has revealed that the most dangerous jobs in the U.S. in 2010 included truck driving, fishing, logging, mining and aircraft-related occupations. Many of these occupations are considered dangerous due to the heavy machinery or trucks used. For example, truck drivers drive commercial trucks which sometimes weigh up to 80,000 pounds, so that any accident involving these trucks leads to serious injuries and fatalities. The interesting thing about the other statistics, as well, is that many of the other occupations listed as dangerous also include trucks or heavy vehicles. For example, logging often requires large commercial vehicles in order to move timber. Even in jobs where trucks are not regularly used, such as animal handlers, many of the 2010 fatalities stemmed from transportation accidents. There’s no doubt about it: transportation is a major risk in the workplace.

Transportation accidents are in fact a factor in many other dangerous jobs. For example, trash and recycling pick-up workers experience a high rate of injury and fatalities. While this can seem like an unusual statistic, the reality is that trash and recycling pickup workers use large trucks in order to do their jobs. These trucks must make frequent stops and starts in order to pick up garbage and waste. The frequent stops and starts can easily lead to accidents. As well, the drivers and workers must enter and exit the truck several times throughout the day, increasing the risk of a pedestrian accident and other types of accidents.

Accidents on the job are very complex from a legal point of view, as they often concern labor laws, workers compensation rules, and laws surrounding drivers. If you’ve been injured in a trucking accident on the job, you will need a qualified Florida trucking accident attorney and workers compensation attorney to investigate your accident and to determine whether adequate precautions were taken to keep you safe on the job. There may be multiple liable parties, which can help you get fair compensation in order to cover your medical costs, lost income, and other expenses. No one should be injured on the job. If you have sustained serious injuries in an accident while working, you deserve qualified legal help so that you can understand your options. Good legal help can also help ensure that there is someone to aggressively fight for your rights. Your employer and their insurance carrier have teams of attorneys working for them – don’t you deserve quality legal assistance as well?

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What Can be Done About Driver Fatigue Causing Florida Truck Accidents?

Published on: September 1, 2011 | By Flaxman Law Group

There is no question that truck driver fatigue leads to Florida truck accidents and car accidents. Numerous studies have shown that fatigued driving can be just as dangerous as Florida drunk driving accidents. Tired drivers have slower response times and can actually drift off at the wheel, sometimes for only seconds at a time, momentarily losing control of their vehicle. Drowsy driving causes many Florida car accidents a year, as well as pedestrian accidents and truck accidents. Fatigued truck drivers in a special concern, since the size of their truck can mean that any impact with that truck can cause fatal or serious injuries.

Since driver fatigue among commercial truck drivers in such a serious problem, federal agencies have instituted rules to ensure that truck drivers get adequate rest before heading on the road. The federal government has imposed hours of service regulations, which restricts how much time drivers can spend behind the wheel before they have to take rest. The same policy also restricts total time on the road, and requires commercial truck drivers to keep records of the hours spent driving and resting. However, some experts claim that more needs to be done to ensure that drivers do not drive fatigued.

The Federal Motor Carrier Safety Administration has suggested new rules, which would cut the driving time for interstate truck drivers to 10 hours in every 14-hour shift. Currently, drivers are permitted to drive 11 hours in every shift. Under the proposed changes, drivers would also need to take more time off between seven-day drives and would need to take one-hour rests on longer shifts. The rule will be deliberated until October 28, when a final decision about the suggested changes will be made.

The Federal Motor Carrier Safety Administration has already passed new rules as of 2010 to combat fatigued driving. In 2010, the agency passed a policy which will require interstate truck drivers to install electronic devices if they violate hours of service rules repeatedly. The electronic devices will gauge rest periods and driving times more accurately than paper log books, which can be falsified easily. This rule has been approved and will be in effect by 2012. The agency is also contemplating a policy change which would make it mandatory for all interstate truck drivers to have recorders onboard, permanently replacing paper log books for all truck drivers.

While some advocates claim the new rules will reduce the number of fatigued drivers on the road, some experts claim that the rules will increase the costs of trucking without having a sizeable impact on safety. Some experts in the trucking industry, for example, point to statistics which show that the number of fatal truck collisions across the country has dropped since 2004. Between 2008 and 2009 alone, fatal commercial truck accidents involving large rigs dropped 20%. Federal records also show that driver fatigue is the cause of as few as 2% of fatal truck accidents.

However, the Federal Motor Carrier Safety Administration maintains that while the drop in fatal collisions is a step in the right direction, the number of such crashes is still too high. As well, many experts say that drivers face tight deadlines and economic pressures to drive tired, especially now that truck companies are reducing the number of drivers amid cost concerns. Experts also note that statistics about driver fatigue can be misleading, since authorities often only cite drive fatigue as a cause of a truck crash in cases where fatigue is obvious or in cases where a driver admits to fatigue. According to some experts, driver fatigue is an underestimated cause of many traffic accidents.

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