Item: Flaxman Law Group
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Author: Clara Barman

How Mobile Devices Lead to Florida Truck Accidents

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

Much has been written in the past year or two about mobile devices and Florida truck accidents and car accidents. Unlike many states, Florida does not currently have a law banning cell phone use or texting while driving – and experts believe that the omission may contribute to Florida car accidents and truck accidents. According to the National Highway Traffic Safety Administration (NHTSA), texting and driving increases the risk of a collision by 300%. In 2008, more than 515,000 passengers and drivers were injured and another 5870 were killed nationwide in accidents caused by texting and driving. Yet, despite awareness campaigns, according to some experts half of all drivers under the age of 24 text behind the wheel.

Some have argued that any form of distraction can lead to traffic accidents. While this is true, texting and use of mobile devices is especially odious because it is so prevalent and because it provides the three levels of distraction which experts say is the most deadly:

1) Visual distraction. Visual distraction occurs when drivers take their eyes off the road in order to dial a number, find a cell phone, or read a text message. In the case of drivers operating a large commercial truck, even removing eyes from the road for a few seconds allows the truck to travel the length of a few football fields – more than enough space and time to cause a serious Florida pedestrian accident or car accident.

2) Cognitive distraction. Cognitive distraction involves taking one’s mind off driving. Cognitive distraction is why many experts say that hands-free devices are simply not safe, either. When drivers become engaged in a phone conversation or in communications, they may not be thinking about driving and this can easily cause a collision.

3) Manual distraction. In order to text or dial a number, drivers must remove their hands from the wheel. For a truck driver, this can cause them to quickly lose control of the truck, which can swerve into traffic. Even hands-free devices can be a distraction in this sense if a driver drops the device and searches for it, taking their hands off the wheel.

Currently, there are laws in place to prevent drivers of commercial trucks from texting and driving. As well, many carriers prohibit their drivers from texting and driving. However, many drivers still continue to adopt this unsafe practice. Unfortunately, enforcing texting and driving bans is difficult. It is difficult for law enforcement to see whether a truck driver is holding a mobile device at the wheel. In many cases, texting and driving is only revealed in the investigation after an accident.

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Could Wildfire Season Mean More Florida Truck Accidents?

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

According to National Weather Service and fire safety professionals, Florida may see an unusually severe wildfire season as lack of rain contributes to very dry conditions. Broward County currently has the driest ground conditions, although Palm Beach County, Martin County and Collier County also have very dry conditions, ripe for fire. According to the National Weather Service, drought in South Florida “severe” and can result in wildfires that pose health hazards and lead to Florida truck accidents and car accidents.

In Florida, wildfire season usually takes place between March and May, when dry and hot conditions make fires likely. Fires can be sparked by virtually any hazard, including cigarettes, bonfires, hot cars or trucks, lightning, and other factors. In parts of Miami-Dade County, Broward County and Palm Beach County, homes are nestled close to natural areas. This can easily cause wildfires to spread from forests and natural areas into residential areas, according to experts.

Wildfires are also a serious hazard for trucks and cars. Wildfires cause ash and other forms of air pollution which reduce road visibility considerably. Every year that wildfires are severe, many Florida truck accidents and car accidents are the result. In 2006, for example, Broward and Palm Beach counties saw five Florida car accidents each day as wildfires raged.

According to the Florida Division of Forestry, smoke and ash can descend on the roads, creating poor visibility, but also slick surfaces (especially when combined with chemicals used to douse the flames). As well, for truck drivers, the smoke can cause health problems. Smoke includes of water vapor, carbon monoxide, carbon dioxide, fine particles, hydrocarbons, and other substances. It can trigger an allergic reaction, asthma attacks, and other serious problems. When these problems strike a driver on the road, a car accident or truck accident could result.

The Environmental Protection Agency reports that smoke from wildfires can cause burning eyes, runny noses and even bronchitis. It can additional exacerbate respiratory and heart disease. A truck driver driving through an area affected by wildfire may not be able to see the road clearly and may suffer health problems from the smoke which makes it even more difficult to drive safely. While car drivers can choose to remain home, truck drivers may need to drive in these conditions to meet deadlines.

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Statistics Suggest That Florida Truck Accident Numbers Will Not Decline

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

According to new statistics released by the Insurance Institute for Highway Safety, 2010 saw more than 500 000 commercial trucks and large trucks involved in accidents across the country. More than 100 000 individuals suffered serious injuries as a result of these crashes, which also claimed more than 5000 loves. The statistics represent an increase over 2009, when only 3200 deaths were attributed to collisions involving commercial trucks and large trucks.

Experts predict that the number of Florida truck accidents and national truck accidents will continue to rise, in part due to increased demand for truck transport. Industry experts estimate that 20% more trucks will be on the roads by 2012 when compared with today.

Florida car accidents involving trucks cause devastating injuries to passengers and entire families. Due to the size and force of large trucks and commercial vehicles, collisions between these large vehicles and passenger vehicles usually results in fatalities for the occupants of the smaller car. Survivors of such accidents often face serious injuries. Many Florida spinal cord injury patients and brain injury patients sustain their injuries through traffic accidents.

Unfortunately, although Florida laws and insurance providers are designed to help victims recover, in many cases injury victims involved in a Florida truck accident find that recovering for lost income and medical costs is very challenging. In cases where a commercial truck is involved, especially, there may be multiple liable parties, including the carrier, truck driver, truck manufacturer, the owner of the products transported in the truck, the city where the accident occurred, and other parties. Determining liability often becomes difficult as each party tries to shield itself. A good Florida personal injury attorney is often needed to assist the injury victim navigate the legal aspects of such a case.

Due to the increase in truck accidents, many groups are calling for new laws which would require improved truck safety. Although there already exist many federal laws regarding speed, hours of service, and other issues which affect truck driver safety, more can be done to help enforce these laws and to implement new regulations which would keep unsafe drivers off the roads.

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Florida Truck Accidents Linked to Drowsy Driving

Published on: February 16, 2011 | By Flaxman Law Group

According to The National Highway Traffic Safety Administration, 100 000 accidents each year as well as 1,550 fatalities and 71,000 injuries are due to driver fatigue. Drowsy drivers also cause $12.5 billion in losses annually across the country. Sleepy truck drivers are especially a risk, because the truck driver’s life style encouraged poor sleep and off hours, which can make sleepiness worse. As well, truck drivers are responsible for very large vehicles which can do substantial damage in a Florida truck accident.

The National Highway Traffic Safety Administration has launched a number of educational programs that have one clear message: sleepy driving is the same as impaired driving. In fact, research proves it. Drivers who drive drunk have the same delayed reaction times and impaired motor skills and drivers who drive tired. If we want to stop Florida drunk driving accidents, we also have to get serious about fatigued driving.

According to The National Highway Traffic Safety Administration, several types of drivers are at high risk:

1) Young male drivers under age 26.

2) Workers who work long hours or who work shift work. According to The National Highway Traffic Safety Administration, workers on the night shift have six times the risk of being in a collision when compared with traditional workers. The bad news is that truck drivers often do take on shift work in order to meet tight deadlines, which means that they are at greater risk.

3) Long haul drivers and commercial truck drivers. According to The National Highway Traffic Safety Administration, fatigue is a contributing factor to 15% of all truck accidents.

4) People who have sleep disorders which are untreated or undiagnosed. These drivers are seven times more likely to fall asleep when driving than the average driver.

5) Travelers – especially business travelers – who are experiencing jet lag or who must travel or drive for long periods of time.

According to The National Highway Traffic Safety Administration, there are many things that drivers can do to cut down on fatigued driving accidents. Getting good sleep and having good sleep habits can go a long way towards eliminating risk. As well, traveling with a friend and taking breaks every few hours can also help prevent accidents due to fatigue. Of course, avoiding any alcohol and any medications that may make you feel drowsy is also important to preventing collisions.

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Preventing Florida Truck Accidents in Work Zones

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

According to the Florida Department of Transportation (FDOT), the cast majority of Florida truck accidents in work zones are preventable. The agency has launched its Work Zone Safety campaign to raise awareness of the issue and to help prevent truck accidents and workplace accidents. The FDOT’s efforts may be paying off, as workplace collisions have been decreasing. In 2008, there were 93 fatalities in Florida construction zones, compared to 137 in 2005. However, there is still room for improvement. According to FDOT, everyone can help by:

1) Walking and driving through work zones more carefully. According to FDOT, most of the fatalities in the state’s work zones occur due to Florida pedestrian accidents or car accidents. Try to avoid driving or walking through a work zone. If it cannot be help, stay alert, follow signs, maintain good communication with the workers on the job, and proceed slowly.

2) Use extra caution when driving at night. According to FDOT, more than 50% of the fatal collisions which occur in Florida’s work zones take place after dark. Poor visibility can make it easier to collide with work equipment and can make it easier to fall into a hole dug by work crews. If you need to pass by a work zone after dark, don’t be casual, even if the work zone is empty. Use your lights and slow down so that you can see the warning signs in place.

3) Don’t mix alcohol with driving. Drunk driving is dangerous any time, but it can be especially risky in a work zone. FDOT reports that Florida drunk driving accidents account for almost one in four fatal work zone crashes.

4) Slow down. Even if you think you can drive at full speed by a work zone, you can’t. It pays to be patient; work zones are often highly unpredictable environments. A truck may pull out in front of you at any minute as it does its work task or a worker may inadvertently walk in front of your car. According to FDOT, over half of all work zone accidents are related to speeding.

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Drug Testing is Designed to Prevent Florida Truck Accidents

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

According to federal regulations, all truck drivers operating commercial vehicles that transport more than 16 passengers or that have a CGVWR greater than 26,000 or that are transporting hazardous materials must be tested for drugs and alcohol. Testing is overseen by the Department of Transportation (DOT) and the only drivers exempt are those that operate commercial vehicles on private property. Testing can help prevent Florida car accidents involving trucks and can help reduce the instances of Florida drunk driving accidents. There are six situations in which truck drivers may be tested:

1) As part of pre-employment screening. Federal regulations require that commercial truck drivers operating on a public road must be tested and must receive a negative result. Drivers who test positive generally must re-submit to testing and have difficulty securing employment.

2) After an accident. After an accident that results in a fatality as well as after any serious accident or traffic citation that results from any injury, commercial truck drivers must be tested. In these cases, the tests must be administered within 32 hours (for drug tests) or within 8 hours (for blood alcohol tests). These tests are designed to determine whether an accident was caused by DUI and can be used to determine the driver’s level of liability.

3) Random tests. Throughout the year, commercial truck drivers may be asked to take part in random drug tests. Drug tests may be administered even when a driver is off duty or at home. Drivers are subject to blood alcohol level tests during work or immediately after or before duty. Generally, once drivers are notified that they are being asked to submit to a random test, they must immediately go to the testing location for testing. Delays can be interpreted as a denial to take the test and denials to take part in random tests or any drug or alcohol testing is considered the same as testing positive under 49 CFR 40.191.

4) If there is reasonable suspicion of impairment. Drivers who appear to be abusing drugs or alcohol can be asked by DOT supervisors to submit to testing. This decision must be based on concrete evidence, such as odors, driver behavior, slurred speech, or the appearance of the truck driver.

5) If a driver has completed the “return-to-duty” process. If a driver refuses drug or alcohol testing or tests positive, he or she is required to complete a rigorous “return-to-duty” process, which includes testing or retesting.

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Plow Truck Accidents Are Common at This Time of Year

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

While Florida car accidents are more common at this time of year, if you will be driving outside of Florida you need to worry about winter conditions, as well. Truck accidents are more common at this time of year in states with winter conditions in part because there are more trucks out on the roads.

1) Give plows plenty of room. Keep in mind that you need to provide room for the truck itself, its plow attachment (which is sometimes wider than the plow truck itself) and the snow and ice being cleared. Plows push snow and ice to the sides, which can sometimes cause piles of snow along the sides of the road. If you are passing a plow, you could get stuck in the snow being pushed aside. The safest place is behind a plow, at least one truck length behind the vehicle.

2) Be prepared for plows to start and stop suddenly. Plows may need to stop, back up, and repeatedly plow stubborn patches of ice and snow. It is important to be aware of the possibility of these stops and to prepare yourself to brake suddenly if you are following a plow.

3) Do not speed. Plows are doing a job and therefore proceed at a slower pace than other vehicles on the road. Speeding can make it more likely that you will be in a collision.

4) If you see a plow, watch for other snow-clearing vehicles. Plows often work in groups or with salt trucks in order to clear the roads. If you see one plow working, be aware that other trucks may be on the way to clear road conditions.

5) Keep in mind that plows mean visibility issues. Plows tend to be large vehicles and may block part of your view of the road ahead. For this reason, passing a plow can be dangerous – you may not be able to see traffic in front of the plow. As well, plows have many blind spots. Stay well clear of plows and keep in mind that if you cannot see a plow’s mirrors, the driver likely cannot see you.

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Seat Belt Use Helps Prevent Fatal Florida Truck Accidents

Published on: January 31, 2011 | By Flaxman Law Group

According to the Federal Motor Carrier Safety Administration’s (FMCSA), commercial truck drivers are using safety belts more than ever before – an important precaution that can help prevent Florida workers compensation suits as well as fatal Florida truck accidents. According to the FMCSA 2009 Safety Belt Usage by Commercial Motor Vehicle (CMV) Drivers Survey, 74% of surveyed commercial truck drivers used seat belts on 2009. This represents a 9% increase over the 2007-2009 period.

According to the survey, passengers and other occupants of commercial trucks have a 61% usage rate when it comes to seat belts. The FMCSA 2009 Safety Belt Usage by Commercial Motor Vehicle (CMV) Drivers Survey surveyed 20,818 commercial drivers and 1,628 occupants of commercial vehicles across 827 sites across the US. According to the findings, safety belt use is higher in states that enforce primary belt use laws. States with secondary belt use laws have a seat belt usage of 67% among CMV drivers while states with primary belt use laws have a usage rate of 78%. Further, the FMCSA 2009 Safety Belt Usage by Commercial Motor Vehicle (CMV) Drivers Survey found that seat belt use among drivers and occupants with national or regional fleets is higher than the rates among independent owner-operators.

According to the FMCSA 2009 Safety Belt Usage by Commercial Motor Vehicle (CMV) Drivers Survey, there are also regional differences in the way seat belts are used. The survey found that commercial drivers and passengers were most likely to wear seat belts in the West, where usage rates were 79%, compared with just 64% in the Northeast. Southern states had a 75% usage rate while the Midwest had a 68% rate.

Safety belt use is a major concern for the FMCSA. The organization hosts contests and encourages awareness programs to ensure that drivers buckle up. In many cases, seat belt use can help prevent a fatal Florida truck accident. Without a seat belt, a driver in an accident can be thrown from the vehicle or may be tossed about inside the truck. Without a seat belt, these injuries are likely to result in serious Florida brain injuries, spinal cord injuries, and potentially fatalities. Seat belts restrain the driver in the event of an accident and help to protect the driver from impact.

The FMCSA has faced a number of challenges over the years in trying to enforce seat belt use. There are many myths about seat belts among commercial drivers. For example, some drivers erroneously believe that in the event of a Florida truck rollover, a safety belt can prevent them from escaping the truck and can actually contribute to fatalities. Statistics have proven that it is not the case. The safest place for a truck driver in most accidents is in the cabin, securely fastened by a safety belt.

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Risk Factors of Commercial Drivers Involved in Florida Truck Accidents

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

Florida car accidents involving trucks can be caused by number of factors. According to the Federal Motor Carrier Safety Administration, a number of risk factors could influence the risks of commercial Florida truck accidents:

1) Age. According to the Federal Motor Carrier Safety Administration, commercial truck drivers between the ages of 18 and 21 have rates of violations almost twice the rates of drivers between the ages of 30 and 49. Young drivers are especially likely to drive at unsafe speeds. In truck accidents, young drivers were 50% more likely than drivers between 30 and 49 to be charged with a violation. These studies, cited by the Federal Motor Carrier Safety Administration, do not suggest that older truck drivers have a higher rate of traffic violations when compared with young and middle aged commercial truck drivers.

2) Experience. According to the Federal Motor Carrier Safety Administration, studies have proven that driver experience can play a major role in the risk of an accident. Quite simply, less experienced truck drivers are more likely to be an accident, possibly because they do not have the collision avoidance experience and the other skills which experience brings.

3) Sleep disorders. According to the Federal Motor Carrier Safety Administration, commercial truck drivers with a sleep disorder – sleep apneas the most common disorder – are between 3 and 14 times more likely to be in a truck accident.

4) Impulsiveness. Someone who has an inability to control impulses or shows signs of behavioral instability may be at a higher risk of being involved in an accident. According to studies, drivers who are impulsive may also be more likely to take risks or drive aggressively.

5) Aggressive, angry, and unsociable personalities. Studies of commercial truck drivers who have been involved in multiple accidents have suggested that many of these drivers have negative social traits.

While all these risk factors do not necessarily mean that a truck driver will be in a Florida truck accident, these can be seen as red flag signs of possible high risk. In many cases, carriers are already taking steps to help monitor or reduce the number of truck drivers in their fleets with these risk factors. For example, some carriers provide additional training for younger drivers or send drivers to doctors in order to ensure that sleep disorders are not an issue.

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Retaining Good Drivers Can Help Carriers Prevent Florida Truck Accidents

Published on: January 26, 2011 | By Flaxman Law Group

According to the Federal Motor Carrier Safety Administration, carriers and truck companies have a hard time retaining and hiring qualified drivers. In fact, according to the Federal Motor Carrier Safety Administration, there’s a shortage of qualified drivers for commercial carriers. The FMCSA has a few recommendations that can help carriers hire qualified drivers and thereby help prevent Florida car accidents involving trucks:

1) Driver Training. Proper driver training ensures that drivers have the skills and expertise needed to help avoid Florida truck accidents. Many truck drivers are hired after already receiving extensive education and training. However, truck carriers can institute their own training to ensure that drivers are prepared to meet the rigors and demands of a specific schedule. As well, according to the Federal Motor Carrier Safety Administration, carriers can help retain qualified drivers by providing driver training which allows for career advancement. If drivers are given training which allows them to achieve higher levels of career attainment or higher salaries, they may be less likely to leave the company.

2) Dispatch Operations. Fleet managers or dispatchers are the ones who communicate with drivers about their loads, schedules, and other logistics. However, at most companies, there is a high rate of turnover for dispatch and fleet managers. This means that in many cases fleet managers do not get to know truck drivers personally, something which the Federal Motor Carrier Safety Administration believes affects truck driver turnover rates as well. Having a lower truck driver to fleet manager ratio, training fleet managers correctly, and working to retain fleet managers as well as drivers can help companies retain qualified drivers, according to the Federal Motor Carrier Safety Administration.

3) Working Conditions. Long-haul commercial truck drivers face a difficult lifestyle. Many hours on the roads, irregular work hours, and an irregular schedule can contribute to stress. That stress is even more pronounced when truck drivers face poor working conditions. Providing more flexible hours, modern trucks with larger sleeping berths, and better working conditions overall can help carriers retain qualified drivers. As well, according to the Federal Motor Carrier Safety Administration, carriers can help enforce rest and off hour regulations enacted by the federal government to ensure that truck drivers get adequate rest.

4) Incentives and Rewards. According to the Federal Motor Carrier Safety Administration, carriers enacting incentive and reward programs for safety have been able to reduce instances of Florida truck accidents as well as the costs of insurance premiums. Incentives and rewards may take a variety of forms. Some carriers offer rewards – such as cash bonuses or gifts – to truck drivers who go accident free for a specific number of miles. Others offer an additional holiday bonus for truck drivers who have been able to remain accident free or violation free for an entire year. Other carriers have a points system, allowing them to reward commercial truck drivers for a variety of safety actions.

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