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

Could a New I-595 Truck Stop Help Prevent Florida Truck Accidents?

Published on: August 30, 2011 | By Flaxman Law Group

According to some experts, the number of Florida truck accidents and car accidents may be caused in part by severe parking space shortages for commercial truck drivers. Statistics show that some roadways, including Florida’s popular Interstate 95, see 1000 trucks or more daily. In many cases, truck drivers need to rest while driving on Florida streets. In places where there are no truck stops or areas for resting, the drivers need to pull over onto an exit ramp or highway shoulder in order to rest. However, experts agree that every time drivers do this, they put other motorists at risk for sideswipe car accidents and other Florida car accidents.

According to representatives with the Florida Department of Transportation, large commercial trucks and tractor trailers can be seen parking all over Florida, including under bridges, in parking lots, in ride lots, along the road, and in other places. That may be about to change — and those changes could reduce the number of Florida car accidents and truck accidents caused by lack of parking spots.

Florida has been awarded $1 million by the Federal Highway Administration to add 90 truck parking spaces near Interstate 595, at a brand-new truck stop. According to the Florida Trucking Association, this is a great move that will give motorists and truck drivers alike a safer place to park than on road shoulders.

According to experts, the new truck stops will also address a basic problem. In 2003, the federal government began to require hours of service restrictions and rest periods for truck drivers. However, in many places there was not adequate space for truck drivers to stop and rest — and the new federal laws did not necessarily create places or designate area where drivers could park safely and rest. This meant that more drivers were parking along roadways and in other areas, which ironically can actually increase the risk of Florida truck accidents and car accidents.

As transportation budgets have been slashed over recent years, many states have also closed existing truck stops, further restricting where truck drivers can stop and rest. According to the Federal Motor Carrier Safety Administration, 7% of truck accidents involve driver fatigue. Statistics such as these suggest that more needs to be done to ensure that truck drivers have safe places to rest. U.S. Rep. Paul Tonko, D-N.Y has already proposed earmarking $20 million each year to add truck parking across the country and to open more rest stops. The bill introduced by Rep. Tonko is named Jason’s Law, named after a truck driver who was killed while parked in an abandoned gas station.

Continue reading →

Are Your Teens Moving to College Safely to Avoid a Florida Truck Accident?

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

If you have teens moving to college, your teens may wish to hire a rental truck with friends or may be planning on packing their belongings into a car in order to get their belongings safely to their dorm room. However, Florida moving truck accidents do happen, so you want to make sure that you avoid this type of thing from happening to your children. Here’s how you can help:

1) Discourage your child from overloading their car with their possessions. Many teens move to college by stuffing as many of their possessions as they can into a car. While it’s true that most teens don’t have tons of possessions and furniture, overloading a car can still be dangerous. It can obstruct visibility and make it hard for them to see through their rearview mirror or through their side windows. Placing additional pressure on tires can also lead to a tire blow or Florida car accident. If your child is moving with lots of possessions, consider a truck or travel in multiple cars.

2) Discourage your child from renting a truck and driving it themselves across the country or across the state. Rental trucks have varied safety records, and your child may simply not have enough experience with a large truck to drive safely. If your child needs a larger truck, consider hiring professional movers, or urge your child to pool resources in order to move with other college students this fall. Hiring professional movers as part of a group can cost just as little as renting a truck and driving it themselves.

3) Consider driving your child to college yourself. If you have a pickup truck or a larger van, you may be able to fit most of the possessions into this vehicle. If both you and your child have a vehicle, you can distribute your child’s possessions between two cars and get to the college safely.

4) Help your child make a good moving choices. Help your teen pack and label possessions correctly, and explore all the options for moving together. There are many low-cost options for moving to college. For example, classified ads often have offers from college students moving at this time of year or looking for someone to share a truck with. This can be a relatively safe way to get your child’s possessions to college at a low cost and with less risk.

If your teen does not have extensive experience with driving a truck, it can be dangerous to let your child rent a large truck in order to move their possessions into a dorm room. Similarly, it is very dangerous to overload a passenger car with possessions. Help your teen make the right decisions, to ensure that your child is not a victim of a Florida car accident or truck accident.

Continue reading →

Florida Truck Accidents Caused by Tire Problems Can be More Prevalent in The Summer Months

Published on: August 11, 2011 | By Flaxman Law Group

According to the Rubber Manufacturers Association, one out of seven motorists check their tire pressure properly and regularly. That’s compared to six out of ten drivers who wash their vehicles at least once per month. While it’s great to care about the look of a vehicle, tire problems and blowouts – especially on large commercial trucks and big rigs – suggest that drivers and truck drivers need to pay more attention to tires.

According to experts, high heat can also trigger tire failure, making it especially important for truck drivers to check tires regularly. Florida hot weather can contribute to Florida tire blowouts and the truck accidents that blowouts can cause. Trucks travel at high speeds and with heavy loads; truck tires are especially designed to support these loads and the friction produced. However, all truck tires have design specifications, or ideal conditions under which they are designed to be used. Hot Florida days can cause tires to get heated above the safety standards set by tire manufacturers.

When hot weather is combined with excessive loads or under-inflated tires, the hazards can be even greater. Tires under this type of duress can already get dangerously overheated or damaged. When combined with hot asphalt, the result can be a serious Florida car accident or big rig accident.

The National Highway Traffic Safety Administration reports that between 2005 and 2009, 116 000 people across the US were injured in truck accidents caused by tire issues. And, according to experts, there is more reason to be concerned now. With many truck carriers looking to reduce costs, maintenance may get less attention. However, since trucks can be up to 20 times the size of passenger cars, it is more important than ever for truck drivers and companies to check tire pressure and tire condition on tractor-trailers regularly. Some carriers and companies have taken steps to promote tire safety. In the early summer, some truck carriers took part in National Tire Safety Week, taking part in nationwide events to raise awareness about tire safety.

Most experts agree that it is not only truck drivers and carriers who are liable when truck tires fail. The National Highway Transportation Safety Administration has established design standards and testing requirements for manufacturers of truck tires. When truck manufacturers do not meet minimal standards, accidents are an unfortunate result and in these cases manufacturers are often held liable for the accidents defective tires have caused. Some truck manufacturers have developed excellent standards for tire safety, but the number of Florida tire defect cases and recalls shows that there is still room for improvement.

If you have been in a Florida truck accident – whether caused by a tire blowout or not – it is important to consult with a Florida truck accident attorney as quickly as possible. There are statutes of limitations which can limit your timeframe and evidence that needs to be secured. Many qualified attorneys, including the legal team at the Flaxman Law Group, can even visit you in the hospital if you need to arrange a consultation quickly after your accident.

Continue reading →

Truck Tire Blowouts Cause Many Florida Car Accidents

Published on: August 9, 2011 | By Flaxman Law Group

When a truck tire blows out, it can cause a truck accident. However, it is also a cause of many Florida car accidents. If you are a driver on Florida’s roads, the pieces of truck tire that you see on the road are a danger to you. In most cases, a truck tire will blow out when a tire goes flat and then becomes considerably damaged. When this occurs, the tire loses all pressure. The truck driver can lose control of the truck and cause a Florida truck accident. Even if the truck is able to pull safely to the side, however, Florida truck accidents can still occur as pieces of truck fly at cars and as car drivers try to swerve out of the way.

There are many reasons for truck tire blowouts:

1) Florida truck tire defects. Tire defects are often in the news and manufacturers sometimes recall tires known to be defective. In many cases, these types of defects can lead to accidents and products liability cases brought against the manufacturers.

2) Incorrect tire maintenance. Whether tires are defective or not, incorrect maintenance can lead to blowouts and accidents. When tires are not properly inflated, they are far more likely to blow up. As well, truck tires should be checked regularly for signs of wear. Any defects or signs of wear mean that a tire should be replaced. As well, it is important to consider the age of tires. Even defect-free tires will disintegrate with time because they are made of rubber. Tires that have been sitting in a warehouse for years may not be as safe, even if they have never been used. Truck drivers and carriers should always check the date of manufacture of tires and reject older tires which may no longer be as safe.

3) Cuts. A large slash on the tire can cause air to leak quickly from the tire, leading to a blown out tire and an accident. Small punctures can also be dangerous, as they may not be noticeable but can cause air loss that causes tire pressure failure. Unfortunately, streets and roadways are often littered with sharp objects which fall of off trucks and cars, and these objects can easily lead to tire problems.

4) Road conditions. Potholes and poor road maintenance can cause added pressure on tires and can cause damage to tires.

5) Load problems. Large commercial trucks often carry large loads, but when drivers and truck companies overload vehicles, the resulting pressure can wear down tires prematurely and can even place enough pressure on tires to cause a blowout. Poorly secured loads can also shift, causing uneven weight distribution that can place pressure on tires and cause an accident.

Continue reading →

How Prevalent is Truck Driver Fatigue in Florida Truck Accidents?

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

Numerous studies have concluded that fatigued driving is extremely dangerous and contributes to many Florida car accidents and traffic accidents each year. Fatigued drivers have slower response times and in some cases fall asleep at the wheel and lose control of their vehicles completely. Commercial truck drivers are especially in danger of fatigued driving, as they often work on tight deadlines, do shift work, drive at odd hours, and work many hours at a difficult job. As a result, federal rules have been in place for many years to ensure that truck drivers get the rest they need. Under hours of service rules, commercial truck drivers must log the number of hours they work and rest. The rules also mandate how often truck drivers must rest and cap the number of continuous miles drivers can drive before having to take a break.

The Commercial Vehicle Safety Alliance holds a Roadcheck program each year, in conjunction with law enforcement, to check for road and safety violations. In 2011, the program had the lowest number of out-of-service rates since 1988. However, in 2011, most of the driver violations that the program uncovered were related to hours of service violations. Critics say that this shows that there may be a problem with fatigued driving in the industry.

Roadcheck 2011 was a three day event which saw Canadian, US, and Mexican law enforcement officials working in tandem with Commercial Vehicle Safety Alliance to check trucks at 2, 550 spot checks across the continent. The event was held between June 7 and 9, and saw a total of 70,712 inspections carried out. The inspections were carried out by inspectors with the Federal Motor Carrier Safety Administration or with the Commercial Vehicle Safety Alliance. Medical exam certificates, driver’s licenses, brakes, lights, tires, load security, record-of-duty status, and other major security features and systems were checked with every inspection. According to the Commercial Vehicle Safety Alliance, 95.8 % of drivers tested in the 2011 program were able to pass their inspections. In addition, 80.7% of trucks and buses passed the inspections.

When a driver was found to be in violation of the rules, he or she was pulled out of service by Federal Motor Carrier Safety Administration or Commercial Vehicle Safety Alliance inspectors. In about 52.5% of cases, drivers who were pulled out of service for violations failed to pass inspection because of hours-of-service violations. This is a concern, as these federal hours-of-service regulations are intended to prevent fatigued driving. In addition, inspectors found that only 14% of drivers stopped as part of Roadcheck 2011 were using electronic on-board recorder devices (EOBR). These devices are intended to accurately log hours on the road. However, there is no requirement that makes the devices mandatory.

Some experts say that as a result of Roadcheck 2011 findings, EOBR devices should be made mandatory and hours-of-service rules should be tightened to keep fatigued drivers off the roads. Currently, the Federal Motor Carrier Safety Administration is considering proposed changes that would mandate EOBRs in some types of trucks and would see hours of service rules changed so that drivers would drive shorter hours.

Continue reading →

Are Truck Drivers More at Risk for Florida Drunk Driving Accidents?

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

Professional drivers, such as commercial truck drivers, face very close restrictions on their driving. Commercial truck drivers must pass more testing and get more training than the average driver. They must also adhere to more rules, including federal hours of service rules, in order to drive on the roads. Commercial truck drivers are also subject to close scrutiny and testing for alcohol and drug abuse. Truck carriers face lawsuits and legal problems if their drivers drive drunk. For this reason, drivers who drive under the influence face several penalties and loss of work. Despite all of this, some truck drivers report being involved in alcohol-related crashes, often when drunk drivers rear-end or collide with their truck. There are many reasons why truck drivers are susceptible to this kind of crash:

1) Truck drivers are on the road more often. Quite simply, most commercial truck drivers spend far more time on the road than the average driver. Longer hours simply means many more hours where an accident can take place.

2) Commercial truck drivers are more likely to be driving late at night. Many commercial truck drivers work odd hours, sometimes driving late at night or early in the morning. This is also when more inebriated drivers are more likely to be on the road, as these are the hours when bars close and when parties end.

3) Truck drivers are more likely to be driving around the holidays. Many businesses require more inventory, more deliveries, and more help around the holidays. Often, this means that truck drivers are busier around holidays, and more often on the road. Unfortunately, holidays also mean more parties and more drinking. Most authorities report an increase in the number of Florida drunk driving accidents around holiday weekends.

4) Truck drivers cannot stop as quickly as passenger vehicles. In many cases, drunk drivers in passenger cars take risks, such as weaving around other vehicles, driving without lights, and taking other risks. While commercial truck drivers are experienced and trained in avoiding collisions, commercial trucks take much longer to stop than most passenger vehicles. This means that if a drunk driver cuts off a truck, the truck may simply not be able to stop in time to avoid a collision. Drunk drivers may be uninhibited and too drunk to be aware of the risks of larger trucks. Taking risks can lead to fatal truck accidents.

Truck drivers and the truck driving industry do a great deal to prevent accidents. However, drunk driving by any driver can contribute to Florida car accidents and truck crashes. It is one more reason to emphasize the importance of driving sober.

Continue reading →

Hands-Free Devices and Florida Truck Accidents

Published on: July 21, 2011 | By Flaxman Law Group

Truck carriers do not permit commercial truck drivers to text and drive or use cell phones while driving. In fact, federal rules place many restrictions on commercial truck drivers in a bid to reduce serious truck accidents. However, commercial truck drivers are still generally allowed to use hands-free devices. In fact, many drivers rely on these devices as a communication device while on the road. Hands-free devices help them contact their carrier and even call for help when needed. However, a new study finds that hands-free devices may not be useful in helping to prevent Florida car accidents and truck accidents after all.

According to a new study by the Governors Highway Safety Association, there is no firm evidence to show that hands-free cell phones are safer to use when driving than hand-held devices. The study examined hundreds of research studies and reports concerning distracted driving. The researchers found evidence that cell phone use increases the risk of a collision, but could find no evidence that hands-free devices are safer. Researchers did find that 15-25 percent of all traffic accidents were caused by cell phone use.

According to researchers, part of the problem is that drivers must still dial the phone or look at the phone in order to dial a number. According to some commercial driving research, the dialing of a number is considered a high-risk activity while driving, and hands-free devices do not necessarily remove this risk.

Some experts have also hypothesized that hands-free devices do not remove the emotional distraction of mobile devices. That is, a driver engaged in a phone conversation is necessarily distracted because he or she is not thinking about just driving. However, no firm research has been done about the effects of this specific type of emotional distraction.

Currently, cell phone carriers in the US do not release data about whether people use their phones or are dialing at the time of an accident. This makes it harder for researchers to determine exact causes of accidents. As well, in some cases, more than owe distracting factor may contribute to a Florida truck accident or traffic accident, and in these cases it is hard to determine what role a mobile device played in the accident.

Even more troubling are studies by The Highway Loss Data Institute, which found that cell phone bans in four states did not reduce the number of accidents in those states. These studies call into question whether legislation alone can help reduce crashes.

Despite the many questions, the Governors Highway Safety Association recommends a ban of hands-free and hand-held phones for new drivers. According to the researchers, new drivers are at highest risk of accidents and this type of ban can help new drivers avoid added distractions during the learning period. At the same time, however, researchers admitted that they have not found any proof that cell phone bans for new drivers help prevent car accidents. About 30 states have this type of legislation, and none of these states found a drop in the number of new drivers involved in car accidents.

Continue reading →

Are Commercial Trucks Less Likely to be in a Florida Truck Accident?

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

Commercial trucks are subject to strict federal rules which ensure operator safety. Drivers of these trucks need special training and must observe hours of service rules as well. Does this mean that commercial trucks are actually less likely to be involved in Florida car accidents and truck accidents?

While commercial trucks, such as tractor trailers, are in fact involved in fewer accidents – they are only involved in about 2.4% of all national traffic accidents – and are less likely to be in an accident than a passenger vehicle, the impact of these fewer accidents is very high. While the number of commercial truck accidents is lower than the number of car accidents, the devastation caused by the fewer number of truck accidents is immense.

According to the National Highway Transportation Safety Administration, 11% of all traffic fatalities in 2008 were the result of large truck accidents. That year, 4,229 fatalities occurred as a result of truck accidents. Of these fatalities, 74% involved the passengers of a car. Quite simply, when a large commercial truck is in an accident with a passenger vehicle, the passengers of the smaller car are at very high risk of serious and life-threatening injuries.

Large commercial trucks are also more likely to cause multiple-car accidents, simply due to their size. The amount of time it takes a truck to stop is longer and the length of the truck is also longer than that of a passenger car. When a truck brakes during a collision, the truck will likely travel the car-length of several passenger vehicles – hitting any cars that happen to be in the way.

A number of Florida truck accidents can be avoided. Operator safety issues, such as driver rests and monitoring of driver logs, can have an important impact in terms of reducing accidents. As well, reducing incentives for speeding and fatigued driving – incentives such as pay per mile – can also help encourage truck drivers to make safety a priority.

However, in many cases, passenger car drivers also need to be addressed. Some statistics suggest that as many as three-quarters of all truck accidents involving passengers cars are the fault of the passenger car. Better driver education and more education programs for passenger drivers can help teach these drivers how to safely share the road with trucks.

Continue reading →

Could a Lowered Rate of Fork Lift Truck Accidents in the UK Help Prevent Similar Florida Truck Accidents?

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

The Health & Safety Executive has reported that since the Fork Lift Truck Association’s National Fork Lift Safety Week initiative was launched, UK has seen fatal fork lift truck accidents decline by two thirds. In 2006/7, 16 workers in the UK died due to such accidents, while in 2009/10, five workers were killed in these accidents. This is the third improvement in statistics.

Experts in the UK have reported that fork lift truck accidents are among the most dangerous accidents for workers. Even with the recent reductions in the number of these fatal truck accidents, there were 369 serious but non-fatal fork lift truck accidents in the UK in the past year – an average of one serious accident per year. Many of these accidents were life changing amputations, brain injuries, and other such serious incidents.

Can Florida learn from the UK example to reduce the instances of Florida truck accidents? There certainly seem to be a number of take-away lessons from the UK example:

1) Truck accidents can be reduced through effort. Although many people see accidents as an unavoidable reality of life, the UK example shows that the number of accidents overall can be reduced with concerted effort. Statistics prove that over three consecutive periods, the number of fatal truck accidents dropped. The statistics were also adjusted for the economic downturn, so it is not only the recession that is helping to reduce the accident rates in the UK.

2) Education is key. The Fork Lift Truck Association’s National Fork Lift Safety Week was introduced in 2008 to help educate workers and the public about safety and to promote safety best standards. This program is credited for helping to reduce fatal fork lift accidents across the UK.

3) Training is important. The Fork Lift Truck Association’s National Fork Lift Safety Week focuses on different safety topics every Safety Week. Recently, the Fork Lift Truck Association has been focusing on training, with the slogan “more skills, less spills.” According to the Fork Lift Truck Association, poor training increases the risk of serious accidents.

Continue reading →

Truck Proposals Could Change Rates of Florida Truck Accidents

Published on: June 30, 2011 | By Flaxman Law Group

Federal lawmakers are considering transportation bills which would, over the next few years, change a number of things about the trucking industry. Some experts are concerned about a proposal in the bills which would allow higher weight limits and which would permit trucks on more roads across the country. Some experts are concerned that such changes could affect the rates of Florida car accidents and truck accidents on the road.

The bills would increase truck weight limits from 80 000 pounds to 97 000 pounds for single-trailer commercial trucks on state highways and interstate roadways. Trucks with two or three trailers would be permitted up to 100 000 pounds. As well, trucks with two or three trailers will be allowed the entire national highway system rather than on interstate roads.

According to the Transportation and Infrastructure Committee Chairman, the bills could be put to a vote before committee by July 12. The suggested legislation would also place a tax on trucks over the weight limit. This money would be placed in a fund and distributed to states to assist with road repairs and bridge work.

There are many concerns about the proposed changes. Many legislators, for example, have pointed out that cars are currently getting smaller as more consumers look for fuel economy in their passenger cars. Combining smaller cars with larger trucks could create even more devastating Florida car accidents involving cars, whereby smaller cars would have no chance against very large commercial trucks. There is also concern that the larger trucks would have very large blind spots and would not be able to safely share the roads with motorcycles, bicyclists and others who use the road system.

There is also a concern that the larger trucks could create problems on residential streets. While the proposed legislation allows very large trucks only on the national highway system, when a section of the system is closed due to an accident or another cause, traffic is often rerouted through residential areas. There is a concern that 100 000 pound trucks would be on residential streets in such cases, posing the risk of Florida pedestrian accidents and other types of traffic accidents.

Other experts have noted that much larger trucks could create load problems and could make the roadways deteriorate faster, due to the weight and force of the larger vehicles. Those in the trucking industry have noted that improved technology in the trucking industry would potentially help offset some of these problems. The Transportation and Infrastructure Committee also notes that allowing the proposed changes would allow businesses to be more competitive and efficient, which would beneficial to the economy.

Continue reading →