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

Why Are Trucks So Dangerous?

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

Many experts agree that large commercial trucks are the most dangerous vehicles on the road. These vehicles cause many Florida truck accidents every year. There are many things that make them so dangerous:

1) Their size. Trucks are very large and this means that they can block visibility on the road. Driving behind a truck in a passenger vehicle means that you cannot see well ahead of you or anticipate dangers on the road. The size of trucks also makes them deadly in an accident, as they can easily crush smaller vehicles – and the passengers inside them.

2) Their weight. Fully loaded commercial trucks can weigh tens of thousands of pounds. This makes them dangerous as it causes them to accelerate down hills and increases the risk of Florida rollover accidents. The heavy weight of trucks also means that in an accident they can easily crush smaller cars.

3) The limited visibility. Trucks have multiple blind spots. This means that drivers are not able to see and anticipate cars around them. The multiple blind spots on trucks makes it especially important that other drivers maintain a safe distance from these large vehicles.

4) Their slow response times. Due to their size and weight, trucks take longer to get up speed and take much longer than passenger vehicles to slow down and brake. This means that they often cannot act quickly enough in time to prevent a Florida car accident, making it crucial that other drivers leave adequate distance in front of trucks.

5) Their loads. Many trucks carry dangerous loads, including hazardous materials, flammable substances, and toxic products. In cases where these loads spill, it can cause severe health and environmental hazards. As well, if loads are not correctly secured, shifting loads can cause rollovers and accidents.

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Florida Truck Accidents Involving Multiple Trucks

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

Along highways, especially, Florida car accidents and truck accidents often are caused by multiple vehicles. Multiple truck accidents are very complex cases because:

1) In these cases, there is usually a few mitigating factors involved. Multi-vehicle crashes usually occur due to complex reasons, such as a combination of weather and speed. After the fact, it can be complex to isolate all the specific factors without accurate accident reconstruction and analysis by investigative professionals.

2) Different passengers may have different ideas of how the accident happened. The police reports of Florida truck accidents involving multiple vehicles are often confused, because drivers near the rear of the crash may not have seen the initial impact and may have a very different view of events than the drivers in the first cars to collide.

3) There may be many liable parties. Every driver in such a crash may be held partly liable for the accident and car manufacturers, truck carriers, and others may also be held partly liable. It can take a skilled Florida attorney to determine and sort out all this information.

4) There are multiple sources of information. Conflicting reports are taken from different drivers and every car must be examined, as well as every truck in the crash. Such a crash usually involves multiple insurance companies and even multiple investigations by different attorneys and insurance carriers.

5) Evidence can easily get misplaced or damaged. Because there are so many people involved in this type of crash and because there are so many sources of information, early evidence recovery and investigation is important. In many cases, insurance companies arrive early at such accident scenes, knowing that the risk of evidence contamination exists. In some cases, insurance companies arrive before the police.

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Florida Truck Accidents are not the Only Problem – Trucks Can Cause Dangerous Road Conditions

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

There is no doubt that Florida truck accidents cause serious injuries. However, trucks can also cause other problems which can lead to Florida car accidents, fatalities, and serious injuries:

1) Trucks produce debris on the road. Trucks carry cargo, and sometimes that cargo simply isn’t secured enough and comes loose. This can cause debris to spill all over the road, which can be dangerous for other drivers. Truck accidents can also produced debris which can cause tire damage as well as secondary accidents.

2) Trucks can cause visibility problems. If you’ve ever been trapped behind a truck in a traffic jam, you know how difficult it is to see around these large vehicles on the road. Groups of trucks can block your visibility and can make it harder for you to anticipate potential hazards and problems ahead, which can make it more difficult to drive defensively.

3) Trucks can cause road damage. A fully loaded commercial truck weighs tens of thousands of pounds. The heaviness on the roads is known to cause damage to the asphalt surface, causing potholes, cracks, and other problems which can affect your ability to drive smoothly and safely.

Trucks are an important part of the economy, allowing us to enjoy products from all over the world and allowing us to ship Florida-made goods all across the continent. However, allowing trucks on the roads does come with certain drawbacks. The number of Florida car accidents involving trucks shows this. While we need to share the road with trucks, however, we can do our best to ensure that as few accidents occur as possible.

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Tire Problems and Florida Truck Accidents

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

Many Florida car accidents involve not only trucks, but problems caused by truck tires. There are many issues which can cause accidents:

1) Tires exploding. If you’ve ever driven behind a big wheel truck and have seen one of its tires fall apart, you know how frightening it can be. Rolls of rubber come flying at your passenger vehicle, and there’s often no room to react, especially on the highway. You may simply drive over the pieces of shredded tire. If you are unfortunate, the shredded tire may hit your windshield, obscuring your view. It’s easy to see how this can cause an accident. A tire coming off a truck can also cause the truck driver to lose control of the vehicle.

2) Tire defects. Tire manufacturers do a great deal to prevent defects from getting into their products. However, defects do occur. Tiny, invisible defects can cause a tire to come apart on the road, explode, or otherwise function incorrectly. When this happens, drivers can lose control of the truck, the truck may roll over, and many other types of accidents can occur. Even if that tire is without defects, it can become defective if it is stored incorrectly or stored for an extended period of time, allowing the rubber to disintegrate.

3) Tire problems caused by truck accidents and truck debris. Sometimes, the problem is not truck tires themselves, but rather the damage that trucks can do to passenger vehicle tires. Truck accidents, for example, can rip out the surface of a road, affecting passenger vehicle tires and even causing accidents. If a truck is carrying sharp objects and these fall off onto the road, it can cause the tires of passenger vehicles to become damaged, potentially causing accidents.

4) Tires coming off trucks. If truck tires are not correctly secured, they may literally fly off the truck, hitting oncoming cars and causing chaos on the road. While fortunately such accidents are rare, when they do occur there is a high probability of fatalities and serious injuries.

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Could Rising Fuel Prices Actually Lower Florida Truck Accident Rates?

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

For most customers, rising fuel and diesel prices are bad news. Not only are the costs of transportation quickly rising with fuel prices, but the costs of consumer products are increasing due to the costs of fuel. Most products sold to consumers need to be transported by truck or by other vehicles which use diesel. As fuel prices increase, companies are increasing fuel surcharges and consumers are facing higher costs at retail centers, too.

According to the trucking industry, diesel prices are close to $4 a gallon, a dollar increase over the same time last year. While no one likes higher prices, could the increase in costs actually have a hidden benefit? Many carriers are looking for ways to reduce fuel use in order to keep prices competitive, and many of the methods used to lower fuel consumption may actually also help prevent Florida truck accidents:

1) Better route planning. Most truck companies are now trying to find the most efficient ways to get from point A to point B, with an eye to fuel efficiency. However, faster routes can also mean less occupied routes, which could mean fewer Florida car accidents involving trucks. If companies avoid busy roads in order to reduce idling and slow speeds, there will be less competition on roads and potentially fewer accidents.

2) Less idling. Idling uses up fuel, so it is expected that carriers will be more strict about idling. However, idling can also help reduce pollution and can help make the streets safer and cleaner.

3) Better truck maintenance. Commercial trucks that need repairs are more likely to be fuel-inefficient. They are also more likely to have flaws – such as brake trouble or undetected tire defects – that can lead to an accident. By improving care of vehicles to save on fuel costs, carriers may also be making their fleets safer.

4) Using specific tires, air foils, mud flaps and other equipment. Using equipment designed to make trucks more fuel-efficient may not automatically make trucks safer. However, more attention to trucks can help carriers notice – and fix – any problems that could lead to an accident.

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Defense Attorneys and Florida Truck Accidents

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

If you’ve been injured in a Florida truck accident and decide to pursue a claim, you need to be aware that defense attorneys hired by the insurance company or truck company will work to disprove your claim. During the pretrial discovery process, the defense attorneys will be able to access medical records — not only from the accident but also from far before the accident took place.

It is important to be aware of this because it means that defense attorneys will have access to very personal information about you and will be able to use this information in court. As well, it is important to be aware of this in order to discuss your pre- accident medical records with your own Florida personal injury attorney. This way, your attorney is prepared to represent you.

If you have sustained a brain injury, for example, but you have sustained other concussions before due to sports — even if those concussions occurred decades ago — defense attorneys may try to claim that your current injuries are caused in part by those previous injuries and therefore their clients should not be held completely liable. It’s very natural for plaintiffs to get very upset by this type of argument, but it is part of the legal process. Knowing about it ahead of time can help make you feel more comfortable with the court process.

If you have been injured in a Florida truck accident, it is important to find a good personal injury attorney you can trust. A good attorney can help prepare you for the court case, the defense attorneys’ tactics, and the process itself so that you are more comfortable. However, before you start a claim you also want to be aware that any personal information that is available in any of your records will be made available. If you have previous reckless driving or drunk driving convictions, for example, you can be certain that the defense will try to use this to argue that you may be partly liable for the accident. Being prepared for such comments can help make them less upsetting.

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Hours of Service Rules and Florida Truck Accidents

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

Hours of Service rules (49 CFR Part 395) apply to all commercial truck drivers and are designed to help prevent Florida truck accidents as well as truck accidents across the country. The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration reports that these rules are intended to lower the rate truck accidents, and it seems to be working – fatal truck accidents have been decreasing in number every year. Nevertheless, many thousands of people continue to die and many more thousands continue to suffer from serious injuries as a result of these accidents — many of which are preventable.

This year, Hours of Service rules were changed, but experts still say that much can be done to help improve these rules to ensure that truck accidents caused by fatigued drivers are simply less of a risk on our roads. For example, under current regulations, employers can still push truck drivers to drive a tractor trailer 18 wheeler for 14 consecutive hours — legally. Studies also show that truck drivers, on average, get less sleep than many other types of workers. Legislators and experts have both stated that more can be done to make such situations less common.

Hours of Service rules exist to ensure that drivers do not drive when unsafely tired. These rules require commercial truck drivers to log the number of hours that they drive, to take frequent rests — which must be documented — and to drive no more than a certain set number of hours within any 24-hour period before taking a rest.

Experts say that while these rules are a good start, part of the problem is that current rules shift most of the liability on to the driver. If drivers are pushed to break hours of service rules by unreasonable deadlines, for example, it is often drivers who are blamed if driver fatigue causes a Florida car accident or truck accident.

Companies often pay drivers by the mile. This means that drivers are pressured to drive longer in a smaller period of time in order to make better money. As well, it also means that drivers are not necessarily compensated for work-related tasks, such as waiting for trucks to be loaded, or sitting in traffic. Any delays a driver encounters mean a loss of revenue and drivers may be tempted to drive faster or to drive longer in order to make up the difference. It is for this reason that many experts believe that Hours of Service rules are not enough and that rules should be in place to protect drivers from such pressures.

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Top Causes of Truck Accidents – and How to Avoid Them

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

Statistics show that many truck accidents take place in rural areas, often on the weekends. Truck accidents cause nearly 5000 deaths across America each year, as well as billions of dollars in damage and many thousands of injuries. Accident reports state that the top reasons for truck accidents include:

1) Driver fatigue on the part of the truck driver. There are many regulations — including hours of service regulations — which ensure that truck drivers get adequate rest. Nevertheless, sleep apnea, illness, work pressures, tight deadlines, and a host of other reasons can cause a truck driver to be tired, and even to fall asleep at the wheel. While there’s not a great deal you can do to ensure that truck drivers get adequate rest, you can ensure that you yourself get plenty of sleep and rest before you drive. Driving tired — whether you drive a truck or a passenger vehicle — is always dangerous. Another thing you can do to help prevent accidents caused by driver fatigue is to write to your representatives and support legislation which encourages long rest periods for truck drivers.

2) Drugs and alcohol. Many accident reports show that truck driver errors are often caused by drugs and alcohol. Florida drunk driving accidents — whether they involve trucks or cars — steal far too many lives each year. If you see a truck driver driving erratically, contact your local authorities to report the problem. As well, never get behind the wheel if you have been drinking yourself.

3) Failure to follow the rules and regulations of the roads. Both truck drivers and passenger car drivers are responsible for accidents when they fail to obey traffic laws. Whether it’s speeding, obeying stop signs, or following proper rules for passing, merging, and turning, it’s important to get excellent driver training and to follow the rules at all times.

4) Improperly loaded and secured loads on trucks. Truck loads can be heavy, and if they are not loaded correctly and secured, they can roll around on the truck, increasing the chances of rollovers and causing a weight imbalance which can cause drivers to lose control of the vehicle. While there’s not a great deal you can do to ensure that carriers follow proper rules for loading and securing cargo, you can keep an eye on trucks on the road, avoiding any that seemed to be top-heavy or weaving.

5) Distracted driving. This is another problem for both truck drivers and passenger car drivers. Whether distracted driving is caused by changing a CD, using a mobile device while driving, or talking too animatedly with passengers, taking your eyes and mind off the road can be deadly. Commercial truck drivers are not permitted to use mobile devices while operating their vehicles. If you see any truck driver who’s driving unsafely because they are using a mobile device, pull over and record them to your local authorities.

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Avoid Being in a Florida Truck Accident

Published on: March 28, 2011 | By Flaxman Law Group

More than 500 000 truck accidents occur on US roads and highways annually. Like all states, Florida sees its fair share of car accidents caused by trucks. To avoid becoming a statistic, make sure that you follow these best practices for road safety when sharing the road with trucks:

1) Avoid trucks’ blind spots. All trucks have significant blind spots, but this is especially true for big rigs and tractor trailers. A good rule of thumb is that the truck driver cannot see you unless you can see the driver in their side view mirror. If you can’t see the driver, speed up or slow down until you have a safe distance from the truck.

2) Give trucks plenty of extra room. Many Florida car accidents involving trucks are caused by passenger vehicles following trucks too closely. Trucks take much longer to stop than passenger vehicles, so most experts recommend that passenger vehicles stay a minimum of 20 car lengths behind large tractor-trailer trucks. Giving yourself extra room allows you to see around the truck, allows the truck driver to see you, and gives you both plenty of room and time to react in case of an emergency.

3) Pass trucks carefully. Once you have passed a truck, don’t move back into the lane until you can see the truck’s headlights in your rearview mirror. If you cut in too quickly, you may not be giving the driver enough time to stop in an emergency.

4) Be aware of trucks around you. Obviously, Florida drunk driving accidents are a major cause of fatalities and serious injuries. However, anything that distracts you can be a potential hazard on the road, all the more so when there are large trucks around you. When you see a truck, be extra vigilant. If the truck is weaving or at an unusually, get out of the way. Being aware of trucks around you also ensures that you don’t brake suddenly or otherwise act in a manner that is dangerous.

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Could Food Trucks Contribute to Florida Truck Accidents?

Published on: March 23, 2011 | By Flaxman Law Group

Now that the weather is getting more pleasant and tourists are trickling into Florida in greater numbers, South Florida has seen a rise in the number of mobile food trucks around the area. According to some reports, there are many as 40 of these trucks in the area, serving food to customers in parking lots. While customers like the cheap food and fun names these trucks offer, others are concerned about safety and noise issues.

Many trucks have been fined for lacking the required licensing, even when they have the permission of parking lot owners to congregate and set up business. Area residents where these trucks set up voice concerns over pollution, noise, litter, and the potential for truck accidents. Local restaurants are not always happy about food trucks, which do not need to pay leases and can therefore charge low prices.

Others worry about the safety of the trucks – many are older vehicles equipped with deep-fryers and large propane trucks. Some area residents worry about the potential for fires and injuries as a result of the trucks. A few people have voiced concerns about food safety in the here-today-gone-tomorrow world of mobile food.

The truck owners note that they run affordable and legitimate businesses. Many of them would want to see more cooperation from communities. Currently, restaurants in Florida need a $550 license as well as $200 food manager’s license. Both can be complicated to acquire and mobile food truck owners believe that such licensing does not apply to them since they provide no sit-down areas for patrons and are therefore not “restaurants.” Some municipalities require special events permits or peddler’s permits – often used by ice cream trucks. These, too, are expensive to secure. South Florida communities are now looking at new legislation which would regulate the food trucks.

So far, no official Florida truck accidents or traffic accidents have been reported to be caused by the food trucks, but some residents are worried that it is only a matter of time. The trucks attract large crowds of pedestrians to parking areas and the truck themselves are large and move often, increasing the risk of accidents. According to food truck owners, however, the vehicles are less likely to be in accidents because they are stationary for such long stretches of time. If there was an truck accident in South Florida caused by one of these vehicles, however, it would likely cause serious liability issues, especially given the concerns over licensing and vendor permits.

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