Item: Flaxman Law Group
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Author: Clara Barman

What To Do After a Florida Truck Accident

Published on: December 15, 2010 | By Flaxman Law Group

No one wants to believe or consider that they may be in a Florida car accident or truck accident. Statistically, however, anyone who drives a car is likely to be in a traffic accident at some point. While a collision is terrifying, it is important to stay focused and to do the right things in order to ensure that you are fully protected under the law. If you have been in a Florida truck accidents, you need to make sure that you:

1) Get medical help. Call for help at once, even if you are not sure that you are injured. Many people face serious complications or even die because they fail to seek help in time. Some symptoms do not manifest right away. Some Florida brain injury patients, for example, report symptoms hours after an initial impact. Getting medical help for everyone involved can help save a life.

2) Do not sign anything without an attorney. You may be pressured to sign documents from an insurance company or from a truck company’s attorney. No matter what you are told, do not sign without qualified legal advice. At the very least, you deserve to know exactly what you are signing – and that means working with an attorney who has your interests in mind. Signing can mean signing your rights away.

3) Contact authorities at once. A police report can help you support your version of events and can help ensure that your accident is investigated. Most Florida truck accidents are serious, and you need to alert the authorities. Get a copy of the police report if you can or at least get the name of the police officer and other emergency personnel on the scene so that your attorney can get copies of any pertinent documentation.

4) As soon as it is safe to do so, collect evidence. Get the truck driver’s name, contact information, truck registration number, and the name of the carrier. Take video or photos of the accident scene and the vehicles involved. Keep your car – even if it is totaled. Keep copies of medical records and take photos of any injuries. The more evidence you have, the more evidence you have for your attorney.

5) Work with a qualified Florida truck accident attorney. Even if you think that your insurance company (or the truck company’s insurance carrier) will take care of you, get the advice of an attorney. Insurance companies are in business to make money – never forget that. In many cases, insurance companies do not consider all the associated costs of an accident or do not consider long-term costs, leaving you with thousands of dollars in out-of-pocket expenses. A good attorney can help you uncover the true expenses of your accident and can help you negotiate for a fair recovery.

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Tire Defects and Problems Lead to Many Florida Truck Accidents

Published on: December 10, 2010 | By Flaxman Law Group

Many Florida truck accidents involving commercial trucks take place because of tire defects and tire blowouts. Unfortunately, Florida tire defects are all too common and in many cases, poor maintenance and too-heavy loads just contribute to tire problems and potential accidents. According to experts, there are many things that truck drivers and carriers can do to maintain tires correctly, helping to prevent Florida car accidents involving trucks:

1) Frequently check air pressure in tries. Truck drivers should be equipped with a accurate pressure gauge and should be required to check correct air pressure in tires at least every other day. The correct air pressure should be listed in the owner’s manual or the load and tire information for the truck.

2) Frequently conduct visual inspection of tires. Before getting into the truck, drivers should walk around and inspect each tire. Signs of wear, especially irregular wear, can mean a tire blowout. Drivers should also check for bumps or bubbles on the tire. These can be caused by foreign objects or air infiltration and may cause the tire to fail on the road.

3) Check to make sure that the truck is not overburdened with a too-heavy load. Exceeding load capacity places excessive pressure on the tires, and can easily cause a truck tire blowout, rollover, or another accident. Both carriers and drivers have a responsibility to ensure that trucks are correctly loaded. Too heavy loads and incorrect air pressure combined make an especially dangerous mix.

4) Avoid applying heat near the tires. This can weaken the tires and cause them to fail in operation. Often, excessive heat is a problem when tires are mounted. It is important that tires are mounted away from a heat source. If something on the truck needs to be welded, the welding should be done well clear of the tires. Heat damage can cause tires to explode, resulting in Florida truck accidents, burn injuries, and even fatalities.

5) Store tires correctly. If tires need to be stored, they should be stored in a dry, cool, dark place. Heat and sunlight can damage tires. It is also important not to store tires for too long. The rubber in tires deteriorates with time, even when the tires are not in use, so older tires can be a danger.

6) Ensure that all trucks on a tire are the same. Combining different tread depths or different types of tires on the same truck can cause instability, increasing the risk of a rollover or another accident.

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Could Time Changes Affect Florida Truck Accident Rates?

Published on: December 8, 2010 | By Flaxman Law Group

Twice a year, we change our clocks to adjust for daylight saving time. Daylight savings time ends in the fall and begins again in the spring. There are two important things we can do when we change our clocks to make life a little safer: change the batteries in our smoke detectors and drive more carefully. Changing the batteries in your carbon monoxide detectors and smoke alarms ensures that these devices are working correctly and are there to protect you from Florida burn injuries or carbon monoxide poisoning.

Some experts believe that daylight savings time changes also require us to be more careful on the roads. There is a suggestion that Florida truck accidents, car accidents, and pedestrian accidents increase in November and in the Spring, when the time changes. Time change can affect our sleep patterns. In November as well, school closures, holiday shopping, holiday events, and weather can also contribute to Florida pedestrian accidents and truck accidents.

The National Highways Traffic Safety Administration (NHTSA) reports that 59 000 individuals were injured in car accidents nationwide in 2009. Another 4 092 pedestrians that same year sustained fatal injuries. According to the NHTSA, most traffic accidents take place between 4 pm and 8 pm and also between 4 am and 8 am. According to the NHTSA, changes daylight, time changes, and distracted driving all contribute to these injuries and fatalities.

The NHTSA has several tips that can help us all prevent Florida truck accidents and traffic accidents during the winter months:

1) Pedestrians and bicyclists should wear reflective clothing and carry flashlights or use bicycle lights to ensure that drivers can see them correctly. Pedestrians and bicyclists should also not wear headphones, especially during the evenings. Headphones are a distraction and can prevent a pedestrian or cyclists from hearing warning horns and other audio clues.

2) Drivers should check tires, lights, windows, and mirrors before each drive. Lights, mirrors, and windows are especially vital when driving late at night in ensuring good visibility. Passenger vehicles especially need to consider good visibility when sharing the road with trucks, which have many blind spots.

3) Pedestrians should remain alert and rely not just on traffic signals when crossing streets. Where possible, walk on streets. If you are walking in a rural area and must walk along the shoulder of the road, avoid walking in the dark and make sure to walk facing traffic. Avoid crossing without traffic lights and crossing from between parked cars. Truck drivers do not expect pedestrians outside of crosswalks and may not be able to step in time to avoid an accident.

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Causes Contributing to Florida Truck Accidents Involving Passenger Vehicles

Published on: December 6, 2010 | By Flaxman Law Group

Florida car accidents involving a truck are an especially devastating type of traffic accident. Due to the size difference between the passenger vehicle and the truck, the passenger vehicle occupants have a very high risk of fatal injuries, including serious brain injuries and spinal cord injuries. While a truck driver is somewhat protected in these accidents and is often high up enough to avoid serious injuries, passenger vehicle occupants are closer to the ground, near where the main impact from the truck takes place. While there is obviously no way to avoid the fact that cars and trucks share the same roadways, there are many ways to prevent many of the devastating Florida truck accidents involving cars.

One of the most important steps to preventing these accidents is to realize the risk factors that lead to these accidents. Driver fatigue can lead to many of these accidents, for example. When drivers and truck drivers drive tired, the reduced alertness means slower reaction time, meaning that drivers are less likely to avoid collisions. Driving only when well-rested is an important first step to preventing Florida pedestrian accidents, truck accidents, and all traffic accidents.

Overloaded trucks also contribute to many Florida truck accidents. When trucks carry larger loads than permitted, the trucks often become far more difficult to maneuver and stop. Read-end collisions are far more likely when a truck is overloaded. Too much weight in the truck can also put more pressure on the tires, leading to tire blowouts and exacerbating Florida tire defects which can lead to accidents and injuries.

Road problems and defects can also lead to accidents. When roads are poorly maintained, they can cause uneven surfaces which can cause a truck driver to lose control of their vehicle. Also, when roadways are poorly maintained, some of the safety features designed to make roadways safer may not be in place, increasing the risk of accidents. Road defects can include dangerous intersections, large drop-offs, big potholes, lack of effective guardrails, obstructions (such as branches or rocks) on the roadway, poor lighting, poor signage, construction and poorly constructed roads and bridges. All of these can contribute to Florida truck accidents. If you notice this type of hazard on the roads, it is important to call local police authorities and contact your local elected representatives to make sure the danger is removed before an accident takes place.

Truck brake failure is another common cause of Florida truck accidents. Large commercial trucks can overheat brakes when stopping suddenly or when driving on a downgrade. Excess heat can cause brake failure and a bad accident. Brakes can also fail when trucks are not carefully maintained, which is why regular truck maintenance is so important.

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Some Florida Truck Accidents Occur During Loading and Unloading

Published on: December 3, 2010 | By Flaxman Law Group

When people imagine a Florida trucking accident, many imagine a high-speed collision on the highway. However, many Florida personal injuries and even fatalities involving trucks do not even involve a moving truck. The loading and unloading of a truck is hazardous and leads to many workplace accidents involving trucks. These forms of injuries can often be prevented by:

1) Loading on a level and stable area. Unevenness or movement can cause serious slip and fall injuries. It is important to block the wheels and set the brakes to prevent the truck from moving as well. The area should also be well-lit and supervised, to ensure that no one is behind the trailer during loading and unloading.

2) Checking ramps. Ramps should be stable and secure, not moving about. They should also be free of debris, grease, mud, and ice. Many workplace Florida slip and fall accidents occur on ramps that are unstable or covered with a substance or debris that poses a hazard.

3) Loading the correct amount. Loading more in weight or volume than a truck is capable of holding makes the truck more prone to rollovers and accidents, so it is important to adhere to any documentation about weight and load restrictions.

4) Securing loads correctly. Locks, wires, cables, or chains can be used to secure loads in place. When loads shift during transport, the weight distribution shifts, paving the way for a Florida truck accident when the truck loses control. It is important to ensure that all loads are secured well, so that they will not shift or move, even on hills and uneven ground.

5) Checking the condition of the truck. Loading and unloading is the perfect time to check the truck for any maintenance problems. Any signs of issues with tires, brakes, lights, and other important systems should be reported and fixed before the truck driver proceeds with delivery. When a truck is in poor condition, it may respond more slowly, potentially leaving the truck driver unable to prevent collisions.

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Preventing Florida Truck Accident by Proper Equipment Towing

Published on: November 30, 2010 | By Flaxman Law Group

Each year, many Florida car accidents and truck accidents occur when heavy equipment comes flying off of trucks, causing traffic chaos. Trucks are often used to haul large loads, such as heavy equipment and tractors, but such loads can be tricky to secure correctly. Nevertheless, there are many things that truck drivers can do to help prevent Florida truck accidents:

1) Carefully counterweight any heavy equipment and properly mount and secure all attachments. Place the power-takeoff lever (if there is one) in neutral and do not operate attachments while the truck is moving.

2) Choose the right truck for the job. The truck needs to be large enough to handle the load to prevent rollovers and other accidents. The truck needs to be large enough so that the load can be hitched to the drawbar hitch points. When loads are hitched too high to compensate for a smaller truck, loads can overturn easily. It is also important to note the weight of a load when considering the size of the truck needed. Vehicles and equipment being towed or loaded should not weigh more than 4.5 times the weight of the towing unit.

3) Slow down. Some equipment and vehicles that need to be hauled have no brakes. This is especially dangerous because brakes provide an extra level of stability and security. When hauling vehicles or equipment that do not have brakes, it is important to put on flashers and drive slower than 20 mph. With heavy equipment, it is also important to slow down more gradually, as stopping distances are greater with heavier loads.

4) Use less traveled streets. This allows a driver to drive more slowly with a large load for safety while also causing less traffic congestion. Fewer vehicles on the roads also mean less cars in a truck’s blind spots and less risk if the load does slip.

5) Travel low and slow. Adjust the bucket to a low position and reduce speed, especially on rough roads and in bad weather. Drive slowly, and ease into stops and starts to avoid shifts in the weight.

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Delivery Truck Accidents in Florida During the Holidays

Published on: November 28, 2010 | By Flaxman Law Group

During the holidays, many employers take on temporary workers to help with the holiday rush. Florida truck drivers who can act as delivery drivers are in especial demand at this time of year. However, more delivery truck drivers on the road, more inexperienced delivery drivers on the road, and more traffic can all increase the risk of Florida pedestrian accidents and truck accidents. Fortunately, there are many things that delivery drivers can do to help reduce the risk of accidents.

1) Park close to the delivery destination and use car headlights to illuminate the area. Good illumination will make the truck more visible and will also illuminate the area, making it safer for the driver. Good lighting from the truck can help prevent slip and fall accidents and other sudden surprises.

2) Avoid going into ill-lit areas or side doors with little pedestrian traffic. Delivery drivers are often the target for thieves, who often assume that drivers and delivery personnel carry cash. Where possible, have your employer place a sign on the truck or the uniform, indicating that you do not carry cash.
3) If approached in the truck, keep your window rolled up at least half-way.

4) When exiting the car, stay alert. Keep looking about you in order to help thwart thieves and others who may be intent on robbery. If you notice anything suspicious, head back to the car.

5) Sign up for driver training if your employer allows it. Driver training allows you to build your driving skills, making you less likely to get involved in a Florida truck accident. Even if you have been driving for many years, delivery truck drivers make frequent stops, head into unfamiliar areas, and deal with other driving conditions that make a brush-up course a good idea.

6) Keep your truck or car in good working condition. If you use your own car or truck for deliveries, keep in good condition. When your vehicle works correctly, you are less likely to be involved in a Florida car accident and are more likely to survive if you are in an accident. Pay close attention to your tires, windshield wipers, engine, brakes, and seatbelts.

7) Avoid becoming distracted while driving. Avoid using your mobile device or checking a map as you drive – this can be fatal, especially if you are driving in an area where you are not familiar with your surroundings. Pull over to make or take calls and check your route before you start to drive so that you can keep your full attention on the road.

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Common Causes of Florida Truck Accidents

Published on: November 22, 2010 | By Flaxman Law Group

In 2006, the Federal Motor Carrier Safety Administration published a report suggesting that although safety standards in the trucking industry are improving, traffic accidents involving trucks continue to claim many lives. In fact, according to the truck, one out of every 20 truck drivers will be in a serious truck accident. According to the Federal Motor Carrier Safety Administration report, each year there are 141, 000 truck accidents across the country, and in about 77, 000 cases the collision is due to some action on the part of the driver. According to the Federal Motor Carrier Safety Administration, the most common causes of truck accidents are:

1) Use of prescription medications. According to the Federal Motor Carrier Safety Administration, use of prescription drugs contributes to about 26% of truck accidents. Many Florida car accidents and truck accidents could be prevented if drivers were more open in communicating with their doctors and pharmacists about the side effects of the medications they are taking.

2) Speed. According to the Federal Motor Carrier Safety Administration, excessive speed plays a role in 23% of truck accidents. Many Florida truck accidents and car accidents are caused by truck drivers simply traveling too fast. Since trucks take longer to stop than passenger vehicles, drivers who speed are simply often unable to stop in time to prevent an accident. Trucks that speed are also more likely to lose control or roll over.

3) Unfamiliarity with roads or location. According to the Federal Motor Carrier Safety Administration, lack of familiarity causes about 22% of truck accidents. Modern technology may be able to help, with GPS devices and street view websites which allow drivers to become familiar with an area before getting in their vehicle.

4) Over-the-counter medications. According to the Federal Motor Carrier Safety Administration, over-the-counter medicine and drugs contribute to about 18% of truck accidents. Many over-the-counter medications cause drowsiness and sleepiness, which is why it is important to read warning labels and speak to a pharmacist before using any medications.

5) Too little surveillance. According to the Federal Motor Carrier Safety Administration, inadequate surveillance contributes to 14% of truck accidents. The trucking industry has many methods of surveillance – including truck “black boxes” and driver logs – to monitor drivers, but additional surveillance may help prevent Florida pedestrian accidents and truck accidents.

6) Driver fatigue. According to the Federal Motor Carrier Safety Administration, fatigue is a primary cause of about 15% of truck accidents. Hectic schedules and per-mile pay may encourage drivers to drive when fatigued, causing more accidents. As well, some medical conditions can affect sleep, leading to drowsiness behind the wheel.

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Cars Can Help Prevent Florida Truck Accidents

Published on: November 19, 2010 | By Flaxman Law Group

With Florida car accidents and truck accidents causing fatalities and injuries each day, there has never been a better time to get serious about preventing traffic collisions. There are many ways that drivers can help prevent a serious accident:

1) Check your car. Cars have very different safety ratings and selecting a car with a good rating is a good way to ensure that you can avoid an accident. Cars with good safety ratings may have safety features which can help prevent an accident. As well, safe cars usually have features which can help you prevent injury if you are in a Florida truck accident. If you cannot afford a newer car with a better safety rating, at least ensure correct maintenance of your current vehicle. Ensuring that your brakes, tires, lights, shocks, and wipers are in good condition can ensure that your car is functioning as safely as possible.

2) Use your car correctly. Don’t exceed the maximum amount your car can carry and if you drive a pickup truck, don’t allow anyone to ride in the bed of the truck. Everyone who gets in your car should wear a safety belt – it’s the law in Florida. Children should have age-appropriate child-restraint seats.

3) Learn to drive defensively. If you need refreshers, consider going in for additional driver training. Refresher courses are usually quite affordable and some insurance companies may give you incentives for additional training – call your insurance provider to find out. When out driving, obey rules, use your mirrors, anticipate problems, and obey traffic signs and rules.

4) Take care of yourself. Just as you take care of your car to ensure that it is safe for the road, you need to take good care of yourself to ensure that you are a fit driver. Talk to your pharmacist and doctor about any health conditions you have or about any medications you take (including over-the-counter medications). Some conditions and medications can affect your driving ability. Get adequate rest every night to ensure you that you do not drive fatigued. As well, get your eyesight checked once a year or as needed to ensure that you can see well enough to drive.

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How Motorists Can Prevent Florida Truck Accidents

Published on: November 17, 2010 | By Flaxman Law Group

In Florida, traffic accidents – including Florida pedestrian accidents, truck accidents, and car accidents – account for more injuries and fatalities than all other types of injuries and accidents combined. Most years, there are thousands of Florida truck accident and car accident fatalities and more than a quarter million personal injuries resulting from traffic collisions.

Several years ago, Florida had an educational campaign with the slogan “arrive alive,” to remind Florida drivers to drive defensively. Since then, there have been other campaigns and initiatives, warning drivers about the dangers of distracted driving, drunk driving, and about the importance of seat belt use. Florida truck accidents and car accidents continue to claim lives and wreak devastation, however. According to the experts, there are several things that drivers can do:

1) Avoid Florida drunk driving accidents by watching your alcohol intake. Even one or two drinks can put you over the legal alcohol limit and increase your risk of an accident. Avoid drinking at all when you know you will be driving and always have an alternate way home to ensure that you have safe options. If you have designated a driver, make sure the driver is sober before he or she drives you home.

2) Adjust your driving for the road. Construction, bad weather, poor lighting conditions, and heavy traffic all increase the risk of a Florida truck accident or car accident. When conditions are very bad or beyond your driving ability, stay off the roads. If conditions are worse than usual but still passable, use extreme caution and slow down.

3) Give trucks lots of extra room and drive carefully around them. Commercial trucks have lots of blind spots, affect your visibility of the road ahead, and have large loads which should be secured correctly (but which sometimes aren’t). Your best bet around tractor trailers and semis is to slow down and use additional caution.

4) Watch your speed. Go with the flow of traffic but do not speed. Speeding makes it almost impossible to stop in time if you suddenly notice an obstacle and need to avoid a collision. In the event of an accident, excessive speed is more likely to cause fatalities or serious injuries.

5) Carefully consider the type of car you drive. Pay attention to safety reviews and consumer reviews when buying a car. Look for cars with excellent safety ratings and contact manufacturers to encourage high safety standards. In general, larger vehicles with a 110″ or larger wheelbase are safest, followed by medium-sized cars. SUVs and small trucks are prone to rollovers while very small cars tend to have lower safety ratings.

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