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

Preventing Miami Truck Accidents With Design

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

A blogger writing for TransitMiami, has recently written about the large number of accidents along Biscayne Boulevard. These accidents often reportedly include high speeds and in recent months have resulted in damage to light poles and storefronts. According to the blogger, some of the problem stems from design and suggests some of the ways that Miami truck accidents and car accidents along this road could be prevented:

1) Changing the design speed of the road. The design speed of Biscayne Boulevard in Upper East Side (where many of the accidents have been taking place) is 45 mph, and the posted speed limit is 35 mph. The TransitMiami blog suggests a design speed of 35 mph.

2) Re-striping scenario in order to bring back parallel parking to the street. The MiMo Business Improvement Committee (BIC) has made this suggestion to District 6 Secretary for the Florida Department of Transportation. Creating parallel parking in the area would encourage cars and trucks to slow down, BIC believes, and would also provide a layer of protection for pedestrians, helping to prevent Miami pedestrian accidents in the area.

3) Adding traffic calming design features. According to the City of Miami’s Comprehensive Neighborhood Plan (MCNP), such devices can include wide sidewalks, different lane widths, medians, landscaping, roundabouts, lighting; and signage. All of these features make the area more like a neighborhood and less like a highway, encouraging motorists to slow down.

4) Enforcement. While improved design can help reduce the speed and therefore the number of accidents, enforcement is still an important part of the equation, ensuring that motorists obey the rules of the road. An enforcement campaign targeting the area specifically could help prevent accidents along the street.

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Will Plans to Change Cargo Ship and Train Access Affect Florida Truck Accident Rates?

Published on: June 14, 2011 | By Flaxman Law Group

New plans by the government could improve the economy in Florida while also possibly helping to prevent Florida truck accidents. A new government plan will divert some cargo traffic from trucks to a Florida East Coast Railway line that runs between Hileah and the Port of Miami. The move – slated to cost millions – could remove up to 5% of truck traffic between the cities and could reduce downtown Miami traffic by 1.4%. Since heavy traffic is considered a contributing factor to both Florida car accidents and truck accidents, one can’t help but wonder whether the move will help reduce collisions.

Changes to the railway line could be finished by 2012, thanks to a $22.7 million grant from the government and a further $10.9 million from the Florida Department of Transportation. Miami-Dade County will contribute $4.8 million to the project. The rail will help to get rid of 60 000 truck trips each year between Miami and Dodge Island.

The Miami Access Tunnel project is also underway. The two tunnels now being constructed will connect the port of Miami to Watson Island. This project, too, will help remove some truck traffic and other types of traffic from Miami. According to the Florida Department of Transportation, 16 000 vehicles each day travel through Miami’s downtown to get to or from the port. This includes about 4, 480 cargo trucks, or about 28% of all traffic. Each year, this amounts to 1.16 million trucks and 4.16 million vehicles traveling in the downtown area due to the Port of Miami. Diverting some of that traffic could have an impact on traffic and therefore the risk of collisions.

Experts believe that up to 80% of passenger cars traveling from the Port of Miami and to the area can start to use the Miami Access Tunnel once that is completed. However, there are plans underway to make Miami and Florida in general a cargo capital, and there are concerns that this could mean more traffic in the area over the long term. When the Panama Canal expands in 2014, more cargo and larger ships could eventually start heading for Florida. Experts believe that by 2015 and 2016, the Port of Miami will start to see a large increase in the number of cargo ships destined for the port.

So far, no research has been published about how the changes in the Panama Canal may affect truck traffic or Florida truck accident rates across the state. The construction of the Miami Access Tunnel and the changes to divert more traffic to railways may help to offset some of the traffic, but hopefully more research will be done to determine the effects of the changes on overall traffic and traffic accident rates.

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Researcher Questions Truck Accident Data

Published on: June 10, 2011 | By Flaxman Law Group

Dr. Ronald R. Knipling has questioned some of the research submitted by the Federal Motor Carrier Safety Administration (FMCSA) as support of its hours of changes regulation revisions. Dr. Knipling used to work at the research division of the FMCSA and noted that the published study by researchers Pennsylvania State University was not of much use because of problems with the sample of drivers in the study. As well, Dr. Knipling noted that other factors involved in the crashes studies were not closely analyzed.

Dr. Knipling also found problems with a study by the Virginia Tech Transportation Institute. He also noted that the FMSCA’s reference to a study of Florida bus drivers in terms of hours of service regulations did not make sense, as the study might be useful in studying Florida bus accidents, but not interstate truck driving risks. Dr. Knipling has done his own research into fatigued driving and has found several risk factors that can contribute to truck accidents:

1) Fatigue associated with lack of sleep is associated with truck accidents. Fatigue related to work schedules and driving does not contribute as significantly to truck accidents, according to Dr. Knipling.
2) Fatigue associated with being awake for more than 16 hours at a time contributes to truck accidents.
3) Early morning driving contributes to car accidents. Due to increased exposure, Dr. Knipling also concluded that truck accidents are more likely during daytime driving.

The questions over research studies highlight some of the challenges of creating hours of service and other regulations to prevent trucking accidents. While the FMSCA works to prevent Florida truck accidents and accidents across the country, it can be difficult to determine which measures may be most effective in preventing such collisions.

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How Rudeness Can Lead to Florida Trucking Accidents

Published on: May 14, 2011 | By Flaxman Law Group

Rudeness is usually seen as a social fault, and certainly not as something potentially fatal. However, on the road, rudeness can actually cause dangerous situations which lead to Florida car accidents and truck accidents. Rude behavior that can be downright dangerous includes:

1) Cutting trucks off. Cutting off a commercial truck is rude to the truck driver – but it can also be deadly for the passenger car driver. Trucks take a longer time to stop than smaller vehicles, so a truck that is cut off may not have enough time to stop. When passing a truck, give yourself plenty of room before you cut back in. This is especially true if you are on an incline, where a larger and heavier truck will be picking up speed.

2) Road rage. Road rage is never polite – the screaming, swearing, and rude gestures are never appropriate. However, in a confrontation with a truck driver, such behavior can be downright deadly. Road rage can distract a truck driver, causing an accident. It can also distract you, causing you to make a deadly mistake.

3) Aggressive driving. Speeding, swerving, cutting other drivers off, and otherwise driving aggressively makes other drivers angry because it is rude. Driving aggressively around trucks, however, is dangerous because aggressive driving often involves erratic and impulsive maneuvers – maneuvers that truck drivers cannot anticipate in time.

4) Tailgating. Tailgating is always considered aggressive and rude. With a truck, it can lead to a car accident, since truck drivers cannot see directly behind them due to blind spots. If you are following too close to a truck, you likely cannot see the truck driver in the truck’s mirrors, and that means that the truck driver cannot see you.

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Hazards that Lead to Florida Truck Accidents

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

Many Florida truck accidents are caused by hazards on the road that are not recognized in time. In the trucking industry, hazards are defined as any situations or obstacles which could impede safe driving. When those hazards create the need for sudden action, they are defined as emergencies. Therefore, a car weaving up ahead may be a hazard for a truck driver, while a car cutting off a truck is generally an emergency as the truck driver may need to brake or swerve out of the way to avoid an accident.

Hazards are important in preventing truck accidents. Since trucks are larger and have slower response times than passenger cars, it is vital for truck drivers to anticipate hazards well in advance and respond accordingly. When truck drivers wait for hazards to become emergencies, they may simply not be able to respond in time to avoid a collision. Common hazards which truck drivers need to be aware of include:

1) Dangerous weather conditions. Conditions such as fog, strong winds, rain, and nighttime can affect visibility and can make road surfaces slippery. Strong winds can easily cause an emergency by blowing objects onto the road surface.

2) Dangerous road conditions. Obstacles on the road, poor paving, road work, and other hazards often pose a greater danger for passenger vehicles, as they often feel bumps and poor road surfaces more than larger trucks. Nevertheless, road conditions can cause trucks to lose control or rollover.

3) Other drivers. Aggressive or dangerous driving, speeding, fatigued drivers, and drunk drivers share the road with trucks each day. Truck drivers need to be aware of the red flag signs of dangerous drivers and need to be able to get out of the way in time.

4) Disabled cars, stopped buses, and stopped trucks. Cars left on the road – especially without emergency flashers – can be a severe hazard for truck drivers, who may not be able to stop in time to avoid a collision unless they anticipate the hazard well in advance. A similar hazard are trucks and buses, which make frequent stops and may take up much of lane of traffic.

5) Pedestrians, workers, bicyclists, and motorcyclists. Anyone on the road who is walking or riding a bike is harder to spot for a truck driver, especially at night. As well, pedestrians and bikers may be in spots where truck drivers do not expect them – such as weaving around traffic.

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Florida Truck Accidents and Mexico

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

Over the past few years, there have been concerns and debates about the possibility of allowing Mexican commercial five axle tractor-trailer trucks on US roads. Some people have claimed that allowing these trucks on the roads of the US will result in more truck accidents and car accidents in Florida and in every other state. Among the concerns raised are:

1) Differing regulations. There are federal rules which place severe restrictions on US truck carriers and truck drivers. Load limits, safety inspections, hours of service regulations, licensing and training standards, and other rules have been developed over time to ensure that the roads are as safe as possible. Mexico is a different country with different laws and therefore there is a concern that the laws which keep US trucks safer will simply not be in place in trucks from a different country.

2) Safety issues. There are concerns about whether trucks from another country will meet the same safety standards as domestic trucks.

3) Legal issues. Currently, any truck accident involving a commercial truck is tricky to litigate. Insurance carriers, truck companies, driver unions and other stakeholders get involved and there are many legal issues at play. Some Florida truck accident victims wait months or even years for their cases to work their way through the courts. There is a concern that cases involving Mexican trucks and truck drivers would be even harder to litigate, due to extradition problems, different laws, and the high risk of flight for suspected non-domestic drivers.

4) Regulatory problems. When a truck is deemed not fit for the road in the US, there are a number of authorities who can step in to take the truck off the road. However, there are concerns that trucks from Mexico driving on US roads would be harder to regulate. Would carriers from another country obey US standards and regulations different than their own? Would local authorities be able to exert authority over driver and truck companies from a different country?

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Insurance Companies Hire Private Investigators After Florida Truck Accidents

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

After a Florida car accident or truck accident, many drivers assume that they are covered by insurance and that the insurance carrier they have been paying premiums to all along will help them. Many Florida truck accident victims are surprised to find, however, that insurance companies actually often launch private investigations on the victims in traffic accidents. These insurance companies are looking for several things:

1) Mitigating factors and other liable parties. Insurance companies would not make money if they paid out the full possible claim amount to every claimant. Therefore, many companies look for other possible liable parties – such as road conditions or even the victim.

2) Evidence of insurance fraud. Insurance fraud is a serious problem and unfortunately, it can mean that the industry sometimes suspects legitimate claimants. Some injury victims find themselves under surveillance by private investigators as insurance companies try to determine whether a claimant is faking or exaggerating an injury.

3) More information about the accident. Insurance companies, like police and other investigators, work hard to determine the cause of an accident. Unlike other investigators, however, private investigators hired by insurance companies are paid to find information which is advantageous to the insurer.

4) The cost of damages. One of the tasks of the insurance company is to determine the value of a claim – the amount that will be paid out to the victims in an accident. In many cases, however, these initial amounts cover only the bare necessities of care. Most of the time, Florida personal injury attorneys need to work hard to ensure that a victim has all medical costs and related accident expenses covered.

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Florida Truck Accident Investigations

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

After a Florida truck accident or car accident causing an injury or fatality, investigations are usually launched to find out what happened to cause the collision. Florida car accidents involving trucks may in fact be subject to several types of accidents:

1) A police investigation. An official investigation by police will usually be launched in any case where it appears that a law was broken. Suspected cases of Florida drunk driving, suspected cases of insurance fraud, suspected cases of vehicular manslaughter, and other suspected crimes will be carefully investigated by detectives. In many cases, if you are in an accident and decide to pursue legal action you can get a copy of this police investigation or report.

2) A private investigation. If you decide to hire a personal injury attorney after your Florida truck accident, your attorney may decide to launch a private investigation. The attorney will typically work with private investigators or accident reconstruction professionals to find evidence to support your legal action and to find any liable parties in the case.

3) An insurance investigation. In many cases, insurance carriers launch their own investigations, also using private investigators. The aim of insurance companies is to find out whether anyone other than their client was liable. Therefore, if you are in a car accident with a truck, the truck’s insurance carrier will typically try to find evidence to protect the truck carrier and truck driver. This is one reason why it is important to hire a Florida personal injury attorney to protect your interests.

4) An industry investigation. In cases where a truck driver may have committed a crime and may be subject to disciplinary action, the truck carrier or truck driver union may launch their own investigation. This sort of investigation may also be initiated in any serious accident which may result in serious legal action for the truck driver or carrier. Again, these investigations are not deigned to protect you or your rights, which is why it is important to have your own Florida attorney conducting a separate investigation.

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What Can Cause Florida Truck Accidents Involving Tractor Trailers?

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

Florida truck accidents often involve larger, commercial trucks. According to a 2007 Federal Motor Carrier Safety Administration report, tractor trailers and other large trucks cause accidents because of a number of common reasons:

1) Drug use. According to the Federal Motor Carrier Safety Administration report, more than a quarter of crashes involving commercial trucks involved a banned substance or prescription drugs, which affect driver response times. About 18 percent of accidents were caused by prescription drugs specifically. According to the report, drug use was the most common cause of tractor trailer accidents.

2) Excessive speed. The Federal Motor Carrier Safety Administration report found that speed was a factor in 26 percent of the crashes studied. When truck drivers travel at high speeds, there is virtually no way for them to stop in time to prevent an accident.

3) Lack of familiarity with route. Truck drivers who drive along familiar travel routes are less likely to be in a collision than drivers in an unfamiliar area. Unfortunately, commercial truck drivers are routinely asked to make deliveries to new areas. According to the Federal Motor Carrier Safety Administration report, this factor contributed to 22 percent of accidents.

4) Blind spots. Truck drivers have many more blind spots than the drivers of passenger vehicles. In training, truck drivers are carefully instructed to check blind spots before making any maneuvers. Despite this, the Federal Motor Carrier Safety Administration reported that 14 percent of collisions were caused by a truck driver’s failure to check blind spots.

5) Driver fatigue. There are hours of service regulations to ensure that truck drivers get adequate sleep. As well, truck drivers are supposed to be screened carefully for any illnesses – such as sleep apnea – that can lead to car accidents. Despite this, 13 percent of truck accidents studied in the Federal Motor Carrier Safety Administration report were caused by driver fatigue.

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Truck Weight Regulations and Florida Truck Accidents

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

One of the reasons why trucks are so dangerous and contribute to so many Florida car accidents each year is the sheer weight of the vehicles. The large size and weight of commercial trucks such as tractor trailers or semi trucks makes these vehicles unwieldy and slow to respond on the road. In the case of an accident, even small mistakes can lead to serious injuries. As well, drivers of these vehicles are often limited in their ability to drive defensively; since commercial trucks respond far more slowly than passenger vehicles, it is harder to avoid an accident.

Congress passed laws in 1973 to make trucks safer and to reduce the risks of truck accidents. One of the laws restricted the size and weight of loads. For travel in between states, load weights were limited to 40 tons (80 000 pounds). However, overweight permits and oversize permits are available to permit larger trucks on the road in certain circumstances. As well, the weight limits for steer axles are 12 000 pounds while the limits of dual axles are 34 000 pounds and the limit on single axles is 20 000 pounds.

There are federal limits which limit the size as well as the weight of trucks. On all federal highways, trucks can tow 2 trailers of 28 feet or one trailer of 48-feet. Trucks must be no wider than 102 inches on these roads.

States have their own rules and limits on truck weights, as well. Some states, for example, impose seasonal weight limits. Michigan is one such state. Other states allow some oversize trucks or overweight loads, as long as truck carriers meet specific safety requirements.

The reason for these federal and state weight limits is simple. The heavier a truck is, the greater a danger it is on the road. This is because in a truck accident a heavier truck creates a greater impact upon collision and is therefore more likely to cause serious damage and possible fatalities. As well, heavier trucks are more likely to rollover and are more difficult to manage, making it more likely that even an experienced truck driver will be in an accident. Finally, heavier trucks cause more wear on tires and brakes, making it more likely that these systems will fail prematurely.

To enforce federal and state weight limits, there are weight stations in every state. Trucks are supposed to automatically stop at these stations when the stations are open to allow authorities to check for weight violations. Unfortunately, some trucks continue to flout the rules and avoid the weight stations, creating unnecessary danger on the roads.

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