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What Leads to Florida Truck Accident and Car Accident Insurance Fraud?

Published on: January 24, 2011 | By Flaxman Law Group

Some Florida truck drivers find themselves part of a staged accident – a car rams into them and the driver (or their attorney) assert that the truck driver caused the truck accident. Passenger vehicle drivers also sometimes find themselves part of this type of insurance fraud. Unfortunately, insurance industry experts note that Florida has the dubious distinction of leading the nation in car accident fraud. Several factors cause this type of fraud:

1) Fraud companies. According to the insurance industry, Florida car accident insurance fraud is highly organized, with doctors, clinics, patients, and some attorneys working together to defraud the insurers. In some cases, these companies even advertise to convince people to report false Florida truck accident and car accident claims.

2) Insurance rules. Insurance companies must pay Personal Injury Protection (PIP) claims within 30 days of an accident. Often, this does not give insurers enough time to carefully investigate a Florida truck accident or car accident to determine whether it is real or fraudulent. This is especially the case in situations where many accidents occur around the same time so that claims adjusters are spread thin. In addition, some companies aiming to defraud insurers purposely stage accident before a weekend or holiday to further reduce the chances insurers have to investigate an accident.

3) Economic loss. In many cases, companies that have organized to defraud insurance companies market themselves to the unemployed and to recent immigrants, promising them money in exchange for nothing. Unfortunately, the instances of car insurance fraud in Florida have increased since the economic downturn of 2008.

4) Perceptions of the insurance industry. Many people do not feel bad bout defrauding the insurance industry. Many polls have suggested that drivers tend to see the insurance companies are overly profitable and as charging high premiums. Some drivers even see fraud as a way to get more value out of their already high premiums.

5) Rules about clinic licensing. In Florida, some specialists who are individually licensed – including massage therapists and chiropractors – do not need to license their clinics. For insurers, it is harder to get information about these clinics and insurance companies claim that these clinics produce many of the fraudulent claims they see.

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Truck Driver Fatigue and Florida Truck Accidents

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

A good night’s sleep is very important for most professionals. However, for a truck driver, a restful night of sleep can literally mean the difference between life and death. Truck drivers who drive tired have slower response times and are liable to fall asleep behind the wheel. In fact, according to the Federal Motor Carrier Safety Administration (FMCSA) is a key cause of commercial truck accidents.

In some cases, drowsiness is not caused just by one poor night of sleep but rather by a sleep disorder known as sleep apnea. This common breathing-related disorder causes sleepers to experience short stoppages of breathing. Someone with sleep apnea may experience interruptions of breathing hundreds of times a night, several seconds at a time. Since the sleeper is unaware of what is happening, he or she may not recognize that there is a problem. It is all too easy to dismiss a feeling of fatigue.

However, sleep apnea is a problem – and a serious one at that. According to the FMCSA, up to 28% of commercial truck drivers have sleep apnea. Untreated, the disorder can easily lead to Florida car accidents and traffic accidents. Luckily, there are symptoms and signs that drivers can look for. Common symptoms of sleep apnea include sudden daytime naps, snoring, daytime drowsiness, irritability, headaches, poor concentration, memory problems, waking up in the night frequently to urinate, and depression.

Untreated sleep apnea should never be ignored. According to the FMSCA, one study has shown that commercial truck drivers with sleep apnea are more likely to cause an accident than drivers under the influence. Just as Florida drunk driving accidents are preventable, however, so are truck accidents caused by fatigue and sleep apnea. Sleep apnea is caused when the upper airway is blocked or narrowed. Once diagnosed, sleep apnea can often be treated with an airway pressure machine. In some cases, simply losing weight and avoiding alcohol can alleviate the condition. Where sleep apnea is caused by dental issues such as soft palates, jaw problems or deviated septums, surgical procedures are available. Some sufferers find that wearing oral devices or masks takes care of the problem.

Once sleep apnea is treated, the sufferer can drive as safely as anyone else and can continue their job with less risk. Some drivers, however, avoid seeking medical treatment because they fear being disqualified from being a driver. However, in many cases sleep apnea is treatable and allows drivers to resume their duties. The FMSCA urges any driver who may have sleep apnea to discuss the problem with their doctor. Doing so could save lives.

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Preventing Florida Truck Accidents Can Be Good For Companies’ Bottom Lines

Published on: January 19, 2011 | By Flaxman Law Group

According to the Federal Motor Carrier Safety Administration (FMCSA), preventing trucking accidents is not just good common sense – it’s good business sense. According to the FMSCA, following best practices and improving safety rules helps truck companies and carriers reduce the costs of accidents and helps keep insurance costs down. Poor safety, according to the FMSCA, means poor branding, difficulty finding great drivers, discord in the community, and other costs that can hurt the profit margin.

According to the FMSCA, the average cost of a fatal truck accident involving a large commercial truck is $3.6 million. Commercial truck accidents involving personal injuries average $200 000 each. All truck accidents have an average cost of $91 000 per collision. When everyone works together to prevent truck accidents, everyone wins. According to the FMSCA, there are many things carriers can do to prevent collisions:

1) Ensure that drivers do not speed. The FMSCA reports that up to 22% of commercial truck crashes involving multiple vehicles were related to speeding. In fact, many Florida car accidents and truck accidents are caused by speeding. Quite simply, when truck drivers speed, they often cannot stop in time to prevent an accident. Carriers can help by enforcing penalties for drivers that speed.

2) Enforce a zero-tolerance no-drugs and no-alcohol policy. Just like Florida drunk driving accidents are a terrible tragedy and 100% preventable, DUI truck accidents are a serious concern. According to the FMSCA, about 0.2% of commercial truck drivers used alcohol and 2% used controlled substances while on the job in 2003.

3) Enforce rules that require truck drivers to get adequate rest. According to the FMSCA, up to 5.5% of truck accidents that result in a fatality are caused by fatigued drivers. Carriers can help by ensuring that drivers can get adequate rest and still meet prescribed deadlines.

4) Find and keep good drivers. Studies have linked high driver turnover to a higher instance of truck accidents, according to the FMSCA. Companies who hire qualified drivers and work to retain those drivers have to spend less on training, recruiting, and hiring and can enjoy knowing that their workforce is stable. Good pay, good benefits, and a good working environment can all help attract and retain great drivers.

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Initiatives to Help Prevent Florida Truck Accidents

Published on: January 17, 2011 | By Flaxman Law Group

There are many state and federal initiatives in place to help prevent Florida pedestrian accidents https://www.flaxmanlaw.com/lawyer-attorney-1457742.html, truck accidents, and other traffic accidents. For example, the Federal Motor Carrier Safety Administration has a number of initiatives in place:

1) The Ticketing Aggressive Cars and Trucks (TACT) program is available to states interested in preventing car and traffic accidents. This initiative is designed to help states develop high-visibility enforcement programs for traffic laws. The program helps states to target unsafe behaviors and devise programs to target and ticket these offenses in order to encourage drivers to drive more safely. Florida is not currently a participant in this program.

2) The pre-employment screening program (PSP). The PSP helps motor carriers to easily and quickly check driver records online before hiring new truck drivers. A joint initiative between the Federal Motor Carrier Safety Administration and the Department of Transportation, the PSP allows carriers to learn about safety violations of drivers for a nominal fee, allowing carriers to more easily hire safer drivers.

3) Informational Resources. The Federal Motor Carrier Safety Administration provides a number of resources for truck companies, truck drivers, and passenger vehicle drivers through its website to raise awareness of safety issues. Safety tips and resources such as the Motor Carrier’s Guide to Improving Highway Safety are available at no cost online.

4) Registration. All motor carriers and trucking service providers offering interstate services must by law register with the Federal Motor Carrier Safety Administration and must in many cases secure operating authority from the organization before offering interstate services. Motor carriers and companies who have registered receive a USDOT number. The registration process ensures that motor carriers are correctly documented and have passed through basic safety guidelines.

5) Skill Performance Evaluation (SPE) designation. The Federal Motor Carrier Safety Administration requires all truck drivers with an impairment which may affect their driving to secure SPE certification in order to ensure that all drivers are safe on the roads.

6) The Commercial Motor Vehicle Safety Belt Program. This program aims to raise awareness of seatbelt safety and to encourage all motor vehicle drivers to wear a seat belt when getting behind the wheel.

7) The Drug and Alcohol Program. This program is designed to enforce the strict policies against DUI which are in place for commercial truck drivers.

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Prevent Florida Truck Accidents in Work Zones

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

According to the Federal Motor Carrier Safety Administration, truck and car accidents are very common on work zones, especially on highways, because these areas often combine road closures with work vehicles and trucks, creating a confusing situation that can easily cause an accident. Luckily, there are many things that drivers can do to help prevent a Florida car accident in a work zone. According to the Federal Motor Carrier Safety Administration, drivers need to:

1) Slow down and stay alert. If possible, avoid work zones entirely. Reducing the amount of traffic congestion present in work zones helps prevent Florida workplace accidents and can help reduce traffic accidents as well. If you must pass through a work zone, stay alert for any signs. Slow down and obey any signals or traffic controllers as you slowly drive through the construction area along the route designated by the work crew.

2) Stay alert for dangers which may not be indicated. Not everything has signs. Work zones may produce debris and sharp objects on the road, which can cause a flat tire. Where possible, steer around the obstacle and alert someone at the site of the danger.

3) Look at trucks. According to the Federal Motor Carrier Safety Administration, trucks can be a great red flag of slow-downs and construction up ahead. Since trucks can see further due to the driver’s vantage point and since trucks need to brake well in advance, trucks will generally start to brake before anyone else. It is a good idea to keep an eye on trucks’ brake lights to stay alert of upcoming problems.

4) Give others the chance to merge. While it can be frustrating to slow down and wait in work zones, it is very dangerous to drive aggressively in these situations. Allow others to merge in front of you, especially trucks. It is much better to let a truck go ahead than to risk being crushed by a truck that cannot see you because you are in the driver’s blind spot.

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Preventing Weather-Related Florida Truck Accidents

Published on: January 7, 2011 | By Flaxman Law Group

Wet Florida weather in the winter months can be a contributing factor to truck accidents. At this time of year, many Florida truck accidents and car accidents are caused by weather. The most common causes of weather-related truck accidents are:

1) Excessive speed. Driving too quickly at any time of year can be a danger. However, when the weather is bad, driving too quickly can more easily cause an accident. The roads are slippery in heavy rains, making it hard to brake in time. When the weather is very bad, it may be necessary to even drive below the posted speed limit.

2) Poor visibility. Poor weather often creates darkness early. Heavy rain can also make it hard to see and can even create a glare in headlights. For these reasons, it is important for truck drivers to slow down and to use extra caution when driving in bad weather. Cars, as well, need to slow down when visibility is poor, especially when driving near trucks. Trucks can spray weather and rain towards smaller vehicles, temporarily blinding drivers. To avoid a Florida car accident, stay well clear of trucks and avoid driving behind them in the rain.

3) Drowsiness. Dark, rainy days make most people feel extra sleepy and drowsy, which can easily lead to traffic accidents. When the days get shorter, some people are also affected by seasonal disorders, which can cause excessive fatigue as well as other symptoms. If you feel more tired that usual at this time of year, visit a physician for an assessment. Do not continue to drive while fatigued. Drivers falling asleep at the wheel causing many Florida truck accidents and traffic accidents each year.

4) Slippery roads. Rains obviously cause the roads to become slick, but the problem is often not rain itself. Rather, when rain mixes with oil and other spilled substances on the roads, it can cause slick areas. For this reason, it is important to slow down in the rain. Even if you feel that the roads are not slippery, a spot up ahead may be very slick.

5) Road damage caused by poor weather. Bad weather and winds can rip up road signs, damage the roads, and cause traffic lights to malfunction. This can easily lead to delays, traffic jams, and accidents. Slow down and remember to treat all downed traffic light intersections as four-way stops.

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Companies Work to Prevent Florida Truck Accidents Caused by Distracted Driving

Published on: January 3, 2011 | By Flaxman Law Group

Many states have now passed laws which ban texting and cell phone use while driving. Despite repeated efforts by legislators, Florida remains one of the few states that does not ban these dangerous driving behaviors, even though distracted driving has been linked to high instances of traffic accidents. However, public pressure has made texting or phoning while driving less socially acceptable. As well, a number of companies are stepping up to ban texting and driving among employees.

The Walt Disney Company, for example, banned its employees from texting and driving last November. Whenever an employee is on the clock, driving a Disney truck, or driving their own vehicle, that employee cannot text and drive. Employees caught violating the ban are subject to fines and may even be fired for non-compliance. Other Florida companies are expected to follow suit with similar bans.

In 2010, the trucking industry also placed a federal ban on texting and driving for all bus drivers and commercial truck drivers. Any truck driver or bus driver caught texting and driving anywhere in Florida or across the country may face criminal penalties and civil penalties. They are also liable to lose their jobs. Many trucking companies have also created strict rules against distracted driving for their truck drivers, above and beyond federal regulations.

According to the Strength in Numbers Fleet Benchmarking Study, trucking companies with strict distracted driving bans and severe penalties for non-compliance had lower rates of trucking accidents. Of the top eight trucking companies out of a total of 45 in the survey, six allowed a driver to be fired if caught texting and driving. The bottom 14 companies – the companies with the laxest rules and the highest accident rates – did not have such policies in place.

It is just common sense that companies are placing bans on distracted driving in Florida, even though there is no official ban in place in the state. Companies may be held liable in cases where a distracted driver causes a Florida pedestrian accident or traffic accident while driving and texting on company time. When a company institutes an internal ban, it is showing a commitment to preventing accidents. In the event of an accident, liability may rest more heavily with the truck driver if he or she violated a company ban.

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Hit and Run Florida Truck Accidents

Published on: December 31, 2010 | By Flaxman Law Group

All Florida truck accidents are devastating and many are fatal. However, when the truck driver refuses to remain at the scene of the accident, the results can be even more devastating. Victims may not be offered timely help. If they need to report an insurance claim to cover medical costs, this can be more difficult in a hit and run accident, as well.

Under Florida law, all drivers must remain on the scene to help and to speak to authorities (if necessary) after an accident. Despite this, many motorists do not remain to help. In fact, according the Florida Department of Highway Safety and Motor Vehicles, Miami-Dade and Broward counties led the state in 2008 for hit and run accidents. There are many reasons why truck drivers choose to leave the scene of an accident: they may be driving under the influence, they may not have adequate licensing or insurance, or they may simply be afraid of the consequences.

Hit and run truck accidents are even more complex for a number of reasons. Truck drivers are regulated by federal laws and in truck accidents there are usually several liable parties: the truck driver, the truck manufacturer, the carrier or truck company, and others. As well, most truck drivers are protected under commercial insurance, which means they carry higher insurance limits.

If you have been in a Florida truck accident, your first priority should be to seek help. If you remember anything about the truck or its driver, write this down. Since hit and run accidents are a crime, the police will often open an investigation to find the truck driver who has left the scene of a crime. As you start to recover, you will want to keep careful records of your injuries and injury-related expenses so that if the driver is found you can seek compensation.

In hit and run cases, it is often best to seek the help of a qualified attorney. Florida personal injury attorneys often work with private investigators, who can run a more thorough investigation if police are not able to find the hit and run driver. As well, attorneys can help you find help and can offer advice on what you can do to help recover from your injuries. Once the driver is found, a good Florida attorney can help ensure that the driver is held accountable for his or her actions.

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Florida Truck Rollovers are a Common and Deadly Traffic Hazard

Published on: December 27, 2010 | By Flaxman Law Group

According to a report published by the Florida Department of Transportation, 50% of Florida truck accident fatalities involving heavy trucks take place because a truck has rolled over. In fact, the report points to Florida rollover accidents as a leading hazard on Florida roads. The trucks were disproportionately involved in multi-vehicle accidents, but the heavy trucks were at fault only about 30% of the time, according to the Florida Department of Transportation report.

The report published by the Florida Department of Transportation concluded that heavy trucks were more likely to be at fault in Florida car accidents involving rear end collisions as well as in off the road and intersection collisions. In 28% of Florida car accidents involving heavy trucks, side and rear underrides were blamed for the fatalities.

In cases where car defects (other than Florida tire defects) were involved, more than half of the defects belonged to the heavy trucks rather than to the passenger vehicles involved in the collisions. This means that heavy trucks are disproportionately affected by defects, since heavy trucks only make up about 17% of the vehicles involved in the accidents studied by the Florida Department of Transportation.

The report by the Florida Department of Transportation also considers the ways that alcohol and drugs, road conditions, and driver age affect Florida truck accidents. The full report is more than 500 pages long and provides a unique glimpse into the Florida truck accident issue. The full report can be viewed by visiting the Transportation Research Board Web.

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The Holidays Mean More Trucks on the Road – Are You Ready?

Published on: December 20, 2010 | By Flaxman Law Group

During the holiday season, there are more trucks on Florida roads, which can increase the risk of Florida truck accidents. Many companies hire extra truck drivers or truck companies in order to deliver holiday products for the holiday rush. As well, more customers at this time of year are ordering special services, such as delivery and courier services, putting even more trucks on the road. A Florida car accident involving a truck is likely to be a fatal accident. To protect yourself and your loved ones, there are several things you can do:

1) Keep your vehicle in good shape. Have your car regularly serviced, and make sure that your breaks, shocks, tires, and other vehicle systems are in good shape. When your car is in good operational order, it responds better. Those few extra seconds this can buy could save your life.

2) Keep yourself driver-ready. Your car is not the only thing that can decide on a Florida car accident. If you are driving while fatigued or after drinking, your response times may be too slow to avert an accident. Get plenty of rest and never drink and drive. If you are sick, avoid driving, especially if you are taking medications which may make you drowsy.

3) Make sure that everyone in your family knows the dangers of trucks. All drivers in your family should know the basics of sharing the road with trucks. Review the basic rules – such as giving trucks plenty of room and staying out of blind spots – especially with any new drivers in your home.

4) Keep the pedestrians in your home safe. Florida pedestrian accidents involving trucks are devastating, so it is important to help your children see the dangers of trucks early on. During the holiday season, courier and delivery trucks often arrive on residential streets. Encourage children to play indoors or in fenced yard areas. Teach children not to go near trucks – even parked ones. Drivers may not see children in their blind spots and children may simply be too curious about a truck to keep in mind where a truck’s blind spots are.

5) Report any dangerous driving you see. If you see a truck driver driving erratically, note the registration number. When it is safe to do so, report the incident. Getting bad truck drivers off the roads leaves more room for safe truck drivers to share the road with other motorists.

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