Item: Flaxman Law Group
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Author: Clara Barman

Fuel Truck Accidents Can Cause Fires and Devastating Damage in Miami and Other Cities

Published on: June 27, 2014 | By Flaxman Law Group

Big rigs and tractor trailers are used to transport a variety of products across the state and across the country each day, but some trucks carry hazardous materials. One type of cargo that can be especially deadly is fuel. Fuel tankers are involved in devastating trucking accidents in Miami and other cities each year. These types of accidents have a high rate of fatalities and cause environmental devastation as well.

There are many things that can make fuel tank traffic accidents in Miami and other cities so deadly:

1) Fuel tanks carry hazardous material in a less stable format. Fuel and natural gas are already flammable and hazardous but any hazardous material in liquid form can be even more deadly as it can slosh around inside a tanker and can be harder to stabilize, creating a larger risk of rollovers and accidents.

2) Fuel tank collisions are likely to lead to fires and explosions. Since the cargo is so unstable in a motor vehicle crash in Miami or another city, a fuel tank can catch fire or even explode. In this situation, the fuel inside the tank can feed the flames, causing an inferno that is strong enough to melt the road and cause severe damage to the traffic around the trucks and traffic.

3) Fuel tank crashes can be a challenge for emergency response teams. Due to the fire and explosions these collisions can cause, fire fighters and other emergency responders can have a hard time getting close to the source of the blaze. This can mean that it takes some time to put the fire out, leading to more serious fire damage. Since emergency responders may not be able to get too close, they may also have a hard time offering life-saving treatment to those who were at the center of the accident and blaze.

4) Fuel tank accidents can result in environmental and secondary damage. When emergency responders are sent to a fuel tanker accident, they often send HAZMAT teams. The bystanders, homeowners, and motorists who are near the crash, though, do not have the layers of protection that HAZMAT suits and equipment offer. These bystanders may be exposed to smoke, hazardous materials, and toxins. Although authorities may try to clean up spilled fuel and may try to absorb some of the fuel spilled on the road, some of the toxins may seep into water sources or may continue to be present in the area for some time, possibly leading to health concerns for local residents as well as risks of secondary road accidents.

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Simple Ways to Prevent Forklift Truck Injury in Homestead and Other Cities

Published on: June 24, 2014 | By Flaxman Law Group

Industrial warehouses, construction sites, and other workplaces are often the site of forklift truck accidents in Homestead and other Florida communities. In many cases, these workplace accidents in Homestead and other cities are caused by uncontrolled traffic, overloading of forklifts, speed, or difficulty with the machinery itself. According to safety experts, however, there are several things that employees and employers can do to prevent these types of injuries and accidents:

1) Ensure good planning.

Written safety policies can go a long way towards preventing workplace injuries. Employers should check their workplaces for hazards and come up with concrete, written plans for preventing injury. While not every accident can be prevented, many can be foreseen and in many cases steps can be taken to minimize the risk.

2) Institute good training programs.

Undertrained and underqualified employees are more likely to be injured and more likely to file workers’ compensation claims in Homestead and other communities because they are more likely to be injured on the job. It is important for employers to screen employees carefully and to train them for job-specific tasks to make sure that workers know how to stay safe on the job.

3) Take steps to prevent tip-overs.

Tip-overs are one of the leading causes of serious injury with forklift trucks. Unfortunately, when a forklift starts to tip over, many workers on instinct try to jump clear of the truck. In too many cases, this leads to crushing injuries, fatalities, and spinal cord injuries in Homestead and other cities. According to safety experts, there are several things that employees can do to prevent tip-overs:

•Keep the load on the trucks stable by not overloading the truck and by lowering loaded forks and tilting them backwards
•When using a forklift, take turns at a slower and steady pace
•Be cautious when using forklifts to move tall, oddly shaped, wide, or otherwise unstable loads, finding alternative ways to move them where possible.

4) Allow only responsible drivers on forklift trucks.

Proper supervision can help prevent any sort of irresponsible or reckless driving. Even if done in jest, any sort of irresponsible driving can be extremely dangerous, simply because forklift trucks are often unstable and every heavy.

5) Take extra steps to protect pedestrians around forklifts.

One of the big problems with forklifts is that they are often used in workplaces where there are also employees and workers walking in the same area that the forklift is being used. It is important to use the signals and horns on the forklift to alert workers in the area that the truck is in motion. The person operating the forklift should keep their eyes in the direction the forklift is moving and should be vigilant about checking blind spots and checking for pedestrians in the area. Use warning signs and floor markings, where possible, to remind workers where forklifts may be in use.

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HD Tires and Truck Safety: What You Need to Know

Published on: June 19, 2014 | By Flaxman Law Group

Heavy-duty (HD) truck tires are three quarter ton and one ton commercial truck tires. HD tires are different from most tires because they have smaller spaces between blocks of tread, deeper treads, three-ply polyester casing, and other features which make them more rugged. These tires are specifically designed for the considerable demands of long-haul trucking, but it seems as though tire blowouts in Miami and other cities as well as other tire issues are always in the news. There are product liability lawsuits launched in Miami and across the country when these tires fail and sometimes tire recalls are launched when manufacturing defects develop.

Why are there so many challenges with HD tires? According to safety experts and manufacturers, the climate across the country varies widely, from freezing temperatures during part of the year in the north to very hot and sometimes wet conditions in the South. Manufacturers need to create tires that work in all of these conditions. In addition, tires are meant to be used in certain ways. Even the best designed tires, created with extensive on-road testing, consideration of customer comments, and even computer software, won’t work well if they are stored in a warehouse for extended periods of time before use, allowing the rubber to deteriorate. When truck drivers speed, fail to take proper care of their HD tires, or overload trucks past their maximum capacity, tires can still fail. In addition, flaws in the design and manufacturing process can still create design defects that can lead to tire blowouts and truck rollovers in Miami and other cities.

There are many things that truck carriers and drivers can do to prevent tire issues and trucking collisions caused by HD tire issues:

1) Choose the right HD tire for the job. When buying tires for a big rig or tractor trailer, it is important to consider the gross vehicle weight rating (GVWR) of the truck as well as the gross axle weight ratings and to choose HD tires appropriate for those numbers.

2) Make sure things add up. Sometimes, one tire will wear out before the others. When it does and only one tire needs to be replaced, it is important that the replacement tire is the exact same type of tire and has the same tread depth and wear as the other tires. Mismatched tires increase the risk of collisions and tire issues.

3) Perform maintenance routinely. Although HD tires are designed to withstand various conditions, they still need more inspection than the average passenger tire because there is simply more pressure and more demands placed on big rig and tractor trailer tires. As part of regular maintenance, tires should be checked for wear and issues. They should also be kept properly inflated. Over-inflated tires can blowout while under-inflated tires can cause heat to build up inside the tire, which can also lead to tire blowouts. Tires should also be rotated regularly, since HD tires on a big rig or commercial truck all do different tasks and therefore wear down at different rates, leading to mismatched tires.

4) If you need to replace one or two tires, put your new tires in the front. On a truck, especially, having better treads in the front is safer and is more likely to help you avoid a collision.

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ECMs May Become Mandatory – Will They Prevent Truck Accidents in Homestead and Other Cities?

Published on: June 10, 2014 | By Flaxman Law Group

According to some safety experts, Electronic Control Modules (ECMs), which are also known as speed limiters, can reduce the rates of fatal trucking collisions in Homestead and other cities. Speed limiters work by using electronic sensors that calibrate a truck’s speed and send the information to a computer in the engine. The limiters, also known as governors, can be set to a specific maximum speed. Once a truck reaches that limit, the engine’s computer limits the flow of fuel and air to the engine and prevents the truck from exceeding the pre-set speed.

Now, the Department of Transportation (DOT) is going to require the use of ECMs for some of the trucks on the country’s roads. In a new report, DOT revealed that some trucks weighing more than 26,000 pounds and driving on roads with speeds of 55mph or more may be required to use the devices as early as October 2014.

According to safety experts and supporters of the DOT mandate, ECMs could mean as many as 1,115 fewer fatal collisions each year. According to previous research, speed plays a major role in truck and car accidents in Homestead and other cities, with about 73 percent of heavy truck crash fatalities occurring on roads with speed limits of 55 mph. Research has shown that speeding trucks have much longer stopping distances and are more subject to rollover crashes as well as accidents. Many in the industry feel that reducing overall speeds is a good way to prevent fatalities.

Many groups are supportive of the DOT changes. Road Safe America (RSA) has suggested that all trucks made after 1990 be equipped with ECMs and the American Trucking Association (ATA) has stated that the speed limiters should be placed on all trucks. According to truck industry insiders, many heavy trucks are already equipped with the devices.

Research conducted by the Insurance Institute for Highway Safety (IIHS), the NHTSA and Federal Motor Carrier Safety Administration has found that truck accidents in Homestead and across the country are actually less common than crashes involving passenger vehicles. However, heavy truck accidents are more likely to cause fatalities. Each year, about half a million heavy truck collisions occur across the country. According to the IIHS, in 2010 alone, 3,413 individuals suffered fatal injuries as a result of heavy truck crashes, an eight percent increase when compared with the year before. That year, although large trucks represented only 4% of the registered vehicles on American roads, these vehicles accounted for 9% of traffic accident fatalities.

Not everyone agrees with the DOT rules. Truck drivers and the Owner Operator Independent Drivers Association (OOIDA) have both spoken out against measures which would make speed limiters mandatory. The group claims that most truck accidents are caused by motorists driving passenger cars, so limiting speed for truck drivers will not lower accident rates. In addition, truck drivers and the OOIDA noted that limiting speed may actually be dangerous as it may not allow trucks to pass each other. They have pointed to studies showing that vehicles driving at differing speeds is what causes accidents, and since ECMs will not allow truck drivers to drive with the flow of traffic, they may potentially contribute to crashes.

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Could Simple Videos Reduce the Risks of Serious Trucking Collisions in Hollywood and Other Cities?

Published on: June 5, 2014 | By Flaxman Law Group

The Virginia Tech Transportation Institute (VTTI) has released a report stating that in-vehicle video systems in trucks could help reduce instances of truck collisions. According to the report, the video systems, if used in heavy-duty and medium trucks could reduce injury rates by 36% percent and reduce fatal trucking accidents by 20% annually. The rate of crashes was found to drop 35% with the video systems installed.

According to the study’s author, Jeffrey Hickman, the video systems work by capturing driver behaviors inside trucks and focusing on correcting those behaviors. Most drivers, according to Hickman, have some habits or behaviors that are risky but there is usually no way to address or even know about these issues. With a video system, these behaviors can be uncovered and corrected before they cause collisions. According to Hickman, this is significant because a large number of truck accidents are caused by driver behaviors and errors.

Video systems for trucks, such as DriveCam, are already available. However, there are a number of questions and concerns about the systems. For example, the cost of the systems are a cause of concern for truck carriers. In addition, some drivers may feel that the systems infringe on privacy. In addition, equipping all current larger trucks with the cameras may be time-consuming – as would reviewing all the video data. There are currently no plans in place to mandate the use of video systems in trucks, despite studies suggesting that the systems could slash accident rates.

Would video systems help cut down on the number of trucking accidents in Hollywood and other American cities? The makers of the systems and some safety experts believe so. It certainly seems that the cameras could work on several levels:

•By making drivers more aware of questionable behaviors and would not engage in them
•By making truck carriers more aware of what drivers are doing behind the wheel and having a vested interest in changing that behavior
•By having another tool for screening and evaluating drivers so that safe drivers could be rewarded
•By allowing truck carriers to potentially notice and target a variety of dangerous behaviors – including distracted driving, DUI, and fatigued driving in Hollywood and other cities
Of course, in order for video systems to prevent traffic collisions in Hollywood and other cities, they would need to be installed in a larger number of vehicles, and that seems unlikely at the present time. It is possible that some carriers will install the video systems voluntarily in order to better train and monitor drivers. Despite concerns about costs, the video systems have the potential to save companies money by reducing the number of trucking accidents and by reducing the risks of expensive litigation. It remains to be seen, though, whether carriers will be interested in this investment.

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How Larger Trucks Can Translate to More Trucking Crashes in Hollywood and Other Cities

Published on: May 22, 2014 | By Flaxman Law Group

Congress has considered increasing the weight limits allowed for semi-trucks driving on highways. They have also been asked to consider triple trailers and larger tandem trailers. Some in the trucking industry support these measures, saying that the changes would be good for the economy and good for the industry, increasing productivity and customer service as well as being beneficial for the economy. Some industry experts even say that allowing larger trucks on the roads could be safer, since it could potentially mean fewer vehicles on highways and therefore less congestion which could lead to crashes.

Other safety experts, however, argue that larger trucks sharing the roads and highways with smaller vehicles will lead to more trucking collisions in Hollywood and other communities. They note that studies have already shown that heavier and larger trucks have been shown to:

•Have a higher risk of rollovers
•Increase the potential of traffic collisions
•Be harder to control
•Be harder on the roads and highways, possibly leading to secondary accidents caused by road damage
Of course, trucks currently within the weight limits already have some cargo problems. For example, some carry hazardous cargo that can be especially deadly in an accident. Others may not have correctly secured cargo so that there is a danger of debris on the roads or shifting cargo during transport. With overweight trucks, these issues would not disappear and have the potential to become even more problematic.

The larger trailers and triple trailers are another concern, with some experts saying that they amount to trains on the nation’s highways.

Another problem, according to some experts, is that there are already overweight and overloaded trucks on Hollywood and Florida roads and some worry that increasing weight limits will simply encourage even more trucks to exceed weight limits while rewarding those companies already violating the rules.

Driver safety is also a concern. Some motorists are already intimidated by 18-wheelers and other large trucks and these big rigs have many blind spots. Even larger trucks with triple trailers would inevitably have more blind spots and could potentially cause passenger car drivers to be even more timid on the roads, two things that could lead to an increased risk of truck and big rig accidents in Hollywood and other cities.

Fatalities involving larger trucks may also be an issue if larger and heavier trucks are permitted on the roads. One study from Marshall University concluded that larger trucks have a fatal accident rate that is 15.5 percent higher than that of smaller vehicles. A Department of Transportation study also found that trucks with multiple trailers have a fatal accident rate that is 11 percent higher than that of smaller trucks. These two studies suggest that larger and heavier trucks could potentially increase the risk of fatal accidents on our roads.

What do you think? Do you think larger and heavier trucks on the roads would be beneficial or a safety risk?

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New Study Questions Hours of Service Rules and Their Impact on Trucking Collisions

Published on: May 8, 2014 | By Flaxman Law Group

The Federal Motor Carrier Safety Administration (FMCSA) recently changed hours of service rules to ensure that commercial truck drivers could drive no more than 70 hours per week in total. The new rules were in part based on a research study. In a new study, however, the American Transportation Research Institute has stated that the research used by the FMCSA contained errors that could call into question the new hours of service rules.

As a result of the statement and study released by the American Transportation Research Institute, two members of Congress have submitted a request to the Government Accountability Office to have the study used by the FMCSA checked. The FMCSA has defended its use of the study.

In the FMCSA study, 106 truck drivers were studied. Fatigue measurements were taken of the drivers during two driving cycles, which included two longer breaks known as restart breaks. The results of that study were used by the agency to back the new hours of service rules that began in July of last year. That same study was used to back up the need for the longer re-start break that went into effect at the same time. That break is now required of all commercial truck drivers before they can start a new work week.

The American Transportation Research Institute, however, claims that the study has technical problems, including problems involving data conflicts, measurement techniques, the interpretation of data, and basic study design flaws. For example, the study claims that the restart breaks measured involved one and two periods of nighttime but in fact the American Transportation Research Institute alleges that the study instead examined restarts that involve an unknown number and restarts that involved 34 hours away from duty. The group also raised questions about the fact that the study examines only 106 drivers and only over a period of about twelve days. In addition, the group notes that the sleepiness scale used did not show any levels of sleepiness when average driver scores were compared.

The FMCSA noted that their study was one of the “largest real-word studies” involving commercial truck drivers. They also stand by the study’s findings that drivers who get a 34-hour break with two nights of rest exhibit fewer signs of sleepiness, especially when driving at night, when compared with drivers who get shorter breaks.

So who is right? Do the new hours of service rules really work to prevent trucking collisions in Miami and other communities? Or is the data behind the new rule flawed and would different approaches help to combat the rate of traffic crashes and fatalities on Miami streets?

Most safety experts agree that fatigued driving in Miami and other cities is a contributor to truck collisions. However, most experts disagree about the best ways to combat tired driving. Not all fatigued driving, for example, is caused simply by lack of off-duty hours. In some cases, sleep apnea or other conditions can contribute to fatigue. On the other hand, getting enough hours off-duty could encourage truck drivers to see their doctors, get adequate rest, and take care of their health so that they stay safer on the roads. Is that enough to prevent truck collisions?

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Rollover Trucking Accidents in Miami and Other Cities: The Risks

Published on: May 6, 2014 | By Flaxman Law Group

Trucking accidents occur in Miami all the time, and one of the most devastating of these types of collisions in the rollover. Semis and big rigs are already vulnerable to rollover accidents due to their high center of gravity, but when truck drivers or motor carriers are negligent, they can create an even higher risk of these types of traffic crashes in Miami and other communities.

There are many causes that can contribute to rollover accidents:

1) Cargo issues. Incorrectly secured cargo, overweight trucks in Miami or another community, liquid cargo, and other problems can all increase the chances of a rollover. Liquids, for example, can slosh around as a truck drives, leaving the driver with potentially less control of a vehicle and increasing the risk of a rollover. Incorrectly secured cargo can shift and can change the center of balance of a truck, leading to a crash. A heavy truck can also be more top-heavy and prone to tipping, especially on turns.

2) Speeding. When trucks are going too fast, it is all too easy for a truck driver to lose control of the vehicle and end up tipping the vehicle.

3) Poor truck maintenance. Anything that affects a truck can lead to a rollover, but under-inflated brakes, bad suspension, or bad brakes are especially likely to be culprits. Truck drivers are expected to complete a pre-trip inspection to check for these issues and motor carriers are expected to ensure that their fleets are maintained.

4) Bad road conditions. Since they are top-heavy, commercial trucks such as 18-wheelers can be especially vulnerable to unevenness in the roads. Uneven roads, steep hills, and deep potholes can all contribute to tipover and rollover accidents. In addition, sharp curves, especially on high-speed roadways, can be a problem for trucks. Truck drivers carrying heavy cargo can easily lose control on hairpin turns and sustain serious injury. For this reason, poorly designed highway exit ramps can also be an issue.

5) Driver undertraining. Truck drivers need more training than the average motorist. They need to be able to use air brakes correctly and inspect a truck properly. They also need to understand the dangers of rollover accidents and how to prevent them. When drivers do not have enough experience and training, they may not be able to prevent certain crashes, including underride collisions in Miami, freeway crashes, and other accidents.

No matter what they are caused by, rollover accidents involving commercial trucks can easily turn deadly. These collisions can be single-vehicle accidents or chain reaction crashes that cause fatalities.

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Study to Examine Transponders and Truck Accidents

Published on: May 1, 2014 | By Flaxman Law Group

The University of Michigan Transportation Research Institute is continuing research into ways to prevent car and truck accidents. So far, the 18-month study has studied close to 3000 vehicles, including trucks, bicycles, cars, and motorcycles. Now, researchers will be studying more vehicles – up to 9000 cars and other vehicles – as well as pedestrians as part of the study.

The vehicles in the study are equipped with vehicle-to-vehicle transponder technology, which is designed to prevent collisions. The next part of the study will take about two years and will equip pedestrians as well as vehicles with the transmitters to examine how different vehicles are able to interpret data from the transponders in order to prevent crashes.

In the first phase of the study, researchers found that the transponders worked well, picking up signals from vehicles and traffic lights at larger distances than previously thought. So far, scientists think that fewer transmitters would be needed for the vehicle-to-vehicle technology to work, which could mean that the systems would be more affordable.

Researchers think that the vehicle-to-vehicle transponders could help prevent intersection accidents, rear-end collisions, and lane change accidents by taking human error out of the equation. The technology allows vehicles to “communicate” with each other so that imminent accidents can be avoided. So far, however, researchers in the study have not yet tested to see whether the technology would indeed lower car accident crashes.

The study will likely be used by the U.S. Department of Transportation to decide whether to make transponders mandatory on new vehicles. So far, the National Highway Traffic Safety Administration and some safety experts have stated that they support vehicle-to-vehicle communication systems because they do have the potential to stop car and truck accidents.

Some car manufacturers are already combining vehicle-to-vehicle communication technology and autonomous technology in cars in prototypes and new generation models. These cars anticipate the threat of a collision and then react “autonomously,” automatically applying brakes or using other maneuvers to prevent a crash.

Would vehicle-to-vehicle communication help prevent trucking accidents in Miami and other cities? Some people believe so. Studies have shown that many truck and car accidents in Miami and other cities are caused by driver error, distracted driving, drunk driving, and other similar issues. Theoretically, at least, vehicle-to-vehicle communication can help prevent some of these traffic crashes by alerting drivers to dangers that they do not spot. The technology has the potential to be especially effective when combined with autonomous driver technology. However, will the technology actually make an impact on traffic collision rates in Miami and other communities? That is harder to gauge, especially when considering that some cars on the road will not have the new systems.

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Is the Current Labor Shortage Having an Impact on Trucking Accidents in Homestead and Other Cities?

Published on: April 24, 2014 | By Flaxman Law Group

There is currently a labor shortage in the trucking industry. Fewer young workers are expressing interest in becoming truck drivers and older drivers are retiring. In addition, industry rules may prevent some from pursuing a job in the industry. To become a truck driver, applicants must be at least 21 years old and must be able to pay thousands of dollars for a driving course. This further reduces the pool of potential truck drivers. In addition, new Hours of Service rules that lower total driving time allowed to 70 hours per week, which means that truck companies need to hire more drivers to make the same number of deliveries.

A shortage of drivers isn’t only a problem for truck carriers looking to hire new workers. According to some safety experts, the shortage of drivers may also contribute to trucking collisions in Homestead and other cities. According to the Bureau of Labor Statistics, jobs for tractor-trailer and heavy truck drivers will increase 21 percent between 2010 and 2020.

Safety experts say that the pressure of a driver shortage may push some trucking companies to take risks by hiring underqualified drivers. When there are plenty of qualified drivers, companies can choose the best candidates for each position. When there is a shortage and a need for deliveries, there is the risk that companies will hire new drivers with less experience or drivers who are not familiar with the area. Inexperienced drivers, drivers who have not been adequately screened, and undertrained drivers can all make mistakes that can lead to rollovers, broadside swipes, and other traffic collisions.

Have you been injured in a trucking accident? Often it is difficult to tell what exactly has caused the collision. Car crashes in Homestead and other cities can happen in an instant and it can be difficult to tell exactly what chain of events led to the accident. Truck drivers may make mistakes due to lack of training or lack of experience that are not noticeable.

If you have been in a trucking collision, it is important to consult with a personal injury attorney in Homestead or your community. Even if you are not sure whether negligence or recklessness has played a role, it is important to get legal advice. An experienced attorney can investigate the cause of the accident and can work with private investigators, accident reconstruction experts, and other professionals to get answers for you and your family. A thorough investigation can not only help give you answers, but it can help you pursue compensation if you qualify. In addition to helping you get answers, an attorney can take care of the details of the claims process and can help you understand your options.

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