Item: Flaxman Law Group
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Author: Clara Barman

How Motorists Can Help Prevent Truck Accidents in Hollywood and Other Florida Towns

Published on: January 7, 2014 | By Flaxman Law Group

According to the Florida Highway Safety and Motor Vehicles report, in 2010 there were 3,329 collisions in Florida in 2010 involving large trucks. Of these, 58 lead to fatal injuries and 1,800 led to some injuries. If you are a driver of a passenger car in Hollywood, you need to be especially aware of the risks of truck accidents because you are more likely to be injured in this type of accident when compared with a truck driver. According to the Insurance Institute for Highway Safety, 16% of fatalities involving truck accidents involved passengers of trucks while 66% involved passengers in other vehicles.

Truck drivers are put through careful training, testing, and screening and they are expected to show an obligation and responsibility to others who share the roads. Truck carriers have a duty to hire responsible drivers, maintain their fleets, and secure cargo correctly. Of course, drivers of passenger cars also have a duty to drive safely and to share the road safely, and this is an even bigger priority when one realizes that passenger car drivers and passengers are most likely to be injured in any collisions involving a big rig or tractor trailer.

If you drive a car, there are several things you can do to prevent a truck accident in Hollywood or your community:

1) Give commercial trucks plenty of room. The larger vehicles need it if they want to change lanes or merge. Giving extra room also ensures that trucks can see you and ensures that trucks can stop in time to avoid a rear-end shunt accident in Hollywood or your community.

2) Never try to drive by a tractor trailer making a right hand turn. Larger trucks often have to turn from the left lane and swing wide when making a turn, so when you try to squeeze by you could find your car crushed between the truck and the curb.

3) Avoid driving directly behind a truck or right up along the sides of a truck. It is likely that a commercial truck driver will not see you in these spots since large trucks and tractor trailers have such large no zones or blind spots. A good rule of thumb is to drive so that you can see the truck driver in his or her mirrors and try to make eye contact. Remember that if you cannot see the truck driver they likely cannot see you.

4) Avoid driving directly behind or in front of a truck. Large big rigs can weight 80 000 pounds when fully loaded and this means that they can take longer to brake. If you are directly in front of the truck, the truck may crash into you because it cannot stop in time. Similarly, if you are directly behind a big rig and you are on a hill, the truck may slow down suddenly or even slide backwards as they change gears, and this can cause a collision. If you are too close behind a truck, the truck driver may also not notice you when backing up the vehicle.

5) Give trucks extra room when changing lanes or passing. If the driver truck needs to brake suddenly, they will not be able to do so unless you give them extra room, since trucks take longer to come to a complete stop.

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Could You Survive a Truck Accident in Homestead?

Published on: January 2, 2014 | By Flaxman Law Group

If you are in a truck accident in Homestead or any community, your chances of being fatally injured are quite high – unless you are the truck driver. While truck drivers are protected by the truck’s cab, passenger car drivers and pedestrians have very little protection against the size and force of a tractor trailer or big rig. Pedestrians are likely to sustain fatal injuries in a collision with a commercial truck and even though passengers in a smaller can may have protection such as seat belts and air bags, a crash with a commercial truck can cause serious head trauma, spinal cord injuries, and fatalities to the passengers in the smaller car.

Could you survive this type of traffic collision in Homestead or your city?

According to safety experts, there are things that you can do to increase the chances that you will survive a truck or car accident in Homestead or any town:

1) Choose the right car and use the safety systems your car is equipped with. Much older cars may have fewer systems designed to protect you. Even though newer cars may have air bags and other features included, keep in mind that smaller cars may be less likely to protect you in a serious accident and some cars have better safety ratings than others. Choose your car carefully and think safety first when buying. When you drive your car, be sure to buckle up and familiarize yourself with safety systems your vehicle offers. Service your car regularly and make sure that your safety systems are checked during routine maintenance.

2) Keep your interior clean. This may seem to have nothing to do with surviving a car crash, but it is crucial. Keeping purses, briefcases, laptops, and other objects in your car while you drive poses a serious risk in the event of a car accident. In a collision, these things can become airborne and can seriously harm you. A laptop can have enough force when airborne in a car accident to cause fatal head injuries. Even a small cell phone can cause lacerations and injury. Store everything in your trunk or glove compartment or at least use seatbelts to tie down dog kennels or cat cages in the car. As a bonus, keeping your interior tidy will decrease distractions, which can also reduce your risk of being in a car accident in the first place.

3) Maintain good driving posture. Leaning against the door or your steering wheel can cause serious injury if you are in an accident, side side-impact airbags or the airbag in your steering wheel can inflate with enough force to cause serious head trauma or facial injury. On a similar note, driving with your hands leaning inside the wheel can cause wrist fractures in a crash. Leaning your hand outside the window when you drive can also cause fractures or can even cause you to lose your arm if you are in an accident. While driving the way your driving instructor taught you may not seem very exciting, correct posture reduces your chances of injury in a crash and can help you keep better control of the car so you reduce your chances of an accident in the first place.

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Illness and Truck Accidents in Homestead and Other Cities: The Dangerous Connection

Published on: December 31, 2013 | By Flaxman Law Group

Truck drivers have a dangerous job. In fact, truck drivers are routinely listed as having one of the top ten most dangerous jobs in the U.S., with hundreds of truck drivers losing their lives on the roads across the country each year. However, it is not just truck accidents in Homestead and other cities that make this such a dangerous job. Truck drivers are also subject to a number of health issues because of their work. These health issues can end up costing lives and can also lead to truck and car accidents in Homestead and other communities. In fact, according to the National Transportation Safety Board (NTSB), about 10% of fatal truck accidents between 1987 and 1992 were attributed in large part to a driver’s health condition.

Commercial truck drivers must undergo a physical every two years according to the U.S. Department of Transportation. These check-ups are intended to note any health concerns that could make drivers dangerous on the roads. However, safety experts note that there are problems with the system. Not all doctors, for example, are aware of the risks that truck drivers face, so they do not always check for some common health problems. In addition, some truck drivers shop around for doctors who are willing to give a clean bill of health, since losing time away from work can mean income lost. Finally, some safety experts feel that tests every two years are not frequent enough to catch serious health conditions.

There are a number of reasons why truck drivers may be more likely to suffer serious health concerns:

1) They face serious stress. The stress of sitting in a truck all day, dealing with heavy traffic and tight deadlines, can have a serious effect on cardiac health.

2) They have a sedentary work lifestyle. Truck drivers spend a lot of their work day sitting down, and many studies have shown that sitting down for long work hours can increase the chances of fatal illness, including heart problems. Due to long hours, some drivers may have a hard time finding time to exercise.

3) They face the dangers of shift work. Many studies have suggested that workers who work in shifts are more likely to suffer from sleep disorders, cardiac issues, and other health concerns. Part of the problem seems to be that the body has a hard time adjusting to different sleep patterns.

4) They may have a difficult time eating healthy on the road. Truck drivers often face tight deadlines and long drives, so they may need to eat on the road. Since they have little time to eat and since commercial trucks may not fit in all parking lots, many truck drivers may be tempted to eat fast food, which is easy, fast, convenient, and inexpensive. Unfortunately, eating this food – combined with a sedentary life – can lead to obesity, which in turn can lead to diabetes, cardiac problems, stroke, cancer, and many other serious illnesses. These illnesses, in turn, can inadvertently lead to traffic collisions in Homestead and other communities.

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On-the-Job Trucking Accidents: One of the Most Dangerous Jobs in the U.S.

Published on: December 26, 2013 | By Flaxman Law Group

Trucking is considered one of the most dangerous jobs in the U.S. In fact, safety experts agree that work injuries in Homestead and other communities are disproportionately likely to affect truck drivers when compared with others workers. According to the Bureau of Labor Statistics, truck drivers had the eighth most dangerous job as of 2010, with 682 fatalities in the industry that year.

There are many things that make truck driving such a dangerous occupation:

1) Truck accidents. Not surprisingly, one of the leading cause of fatalities in the industry is related to traffic accidents. Even though truck drivers are carefully trained and tested to minimize their risk of accidents, truck accidents in Homestead and other communities still occur. In some cases, these collisions are caused by truck driver error and in some cases they are caused by passenger car drivers or other causes.

2) Thin profit margins. Truck drivers earn about $37,930, on average, and as a result some feel pressure to take on longer hours or longer routes in order to earn more. At the same time, within the industry profit margins are not large, due in part to high overhead and the rising cost of fuel. This means that motor carriers and others in the industry sometimes have financial incentive to cut costs. In some situations, this leads to dangerous situations. For example, if motor carriers try to cut costs by hiring inexperienced drivers, truck and car accidents in Homestead and other communities can be the result. Cutting costs on fleet maintenance can lead to tire blowouts in Homestead and other cities.

3) Difficult hours. Overexertion leads to about 23% of nonfatal injuries in the industry. Long hours and shift work can mean that fatigue plays a role in some truck crashes. Even though federal rules dictate how long truck drivers can be on the road before they must rest, in some cases shift work leads to sleepiness, even when drivers take the required number of rest breaks. In other cases, truck drivers are pressured to take on unsafely long hours in order to make tight deadlines.

4) The size and weight of commercial trucks. Commercial trucks weigh up to 40 tons and travel quickly on highways and roads. In a collision, the size and force of a truck is enough to cause serious injury and fatalities. The size and weight of trucks routinely leads to fatalities, head injuries, spinal cord injuries, fractures, amputations, and other serious and permanent injuries.

5) Health issues. The shift work required of truck drivers, coupled with the sedentary nature of truck driving, can lead to a host of health problems, including obesity, sleep apnea, cardiac issues, and other health problems. On the road, these illnesses can lead to medical emergencies that could cause a truck to careen out of control.

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When it Comes to Commercial Trucking, Sleep Deprivation May Prove Fatal

Published on: December 23, 2013 | By Flaxman Law Group

According to experts, we all need between 7.5 and 9 hours of sleep nightly in order to have the energy and levels of alertness we need. However, studies have shown that over a third of Americans sleep six hours a night or less during the work week. What is even worse, some researchers claim that we overestimate how long we sleep by 47 minutes, so we may be even more sleep deprived than we realize.

This is bad news for those who are concerned about truck and car accidents in Homestead and other communities, since sleep deprivation is a major contributor to traffic accidents. Although there are federal laws designed to ensure that commercial truck drivers and other commercial vehicle operators get adequate rest so that they can do their jobs safely, there are indications that truckers and other professionals do not get enough rest. A study by the National Sleep Foundation, for example, found that 44% of polled truck drivers stated that they rarely get good sleep on workdays.

How much does sleeplessness really contribute to car and truck accidents in Homestead and other cities? The answer may surprise you. According to some sleep experts, even reducing sleep by 1.3 or 1.5 hours for a single nights can cut daytime alertness by up to 32%. This can mean that a commercial truck driver who has had even one bad night of sleep could be less alert on the road and more likely to be in a serious traffic accident in Homestead or your community.

Part of the problem, too, is that while federal rules regulate how much truck drivers need to rest, they cannot regulate sleep. Truck drivers have maximum hours of service rules they must adhere to and these rules ensure that truck drivers are not allowed to be on the job without getting a certain amount of rest. In some cases, however, truck carriers and drivers violate these rules. Even in cases where the rules are obeyed, though, there is simply no way to ensure that a truck driver gets adequate sleep. A driver may take the required time off but may have trouble falling asleep or may suffer from sleep apnea or another disorder that affects driving ability.

When truck drivers do not get adequate amounts of quality sleep, everyone is at risk. Fatigued drivers are more likely to make mistakes that lead to serious accidents. They may also have poorer decision making skills and reaction times. In some cases, they can even fall asleep at the wheel, losing control of their big rig or tractor trailer.

In some cases, truck drivers may not even realize how fatigued they are. When the body is very tired, it can fall into “microsleeps” or very short periods of inattention or sleep. A person may not even be aware of these microsleeps since they can last just a fraction of a second. Unfortunately, they are long enough to cause a serious crash.

It is possible that technology may eventually help in preventing accidents caused by driver fatigue. There are already devices available that track eye movement of drivers and can sound an alarm if a driver shows signs of fatigue or sleepiness. Eventually, these devices could help save lives by getting unsafe drivers off the road.

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Distracted Driving is a Major Cause of Trucking Accidents in Davie and Other Florida Cities

Published on: December 12, 2013 | By Flaxman Law Group

The Insurance Institute for Highway Safety reports that in 2011, about 10% of all traffic accident deaths across the country were related to crashes involving tractor-trailers. These types of truck accidents killed 3,373 Americans that year, and most of these fatalities involved occupants of passenger vehicles colliding with the much larger trucks.

Safety experts agree that driver distraction is a major cause of truck and car accidents in Davie and other cities. According to a 2009 study by the Federal Motor Carrier Safety Administration (FMCSA), truck drivers are distracted by a number of factors and in many cases the FMCSA concludes that accidents resulting from distraction could be prevented if:

•Truck drivers did not read maps or check directions while driving
•Dashboard instruments were designed so that the truck driver’s eyes could remain on the road for longer periods of time
•Fleet safety managers spent more time training drivers to avoid distraction
•Truck drivers did not manually use a cell phone while driving
•Policies in the trucking industry were created to reduce distracted driving
•Fleet safety managers understood what devices and distractions may be in truck drivers’ cabs with them
Once this study was published, the Federal Motor Carrier Safety Administration banned texting and driving and the use of hand-held phones for commercial truck drivers. Earlier this year, Florida banned texting while driving for passenger vehicles. However, as many safety experts point out, there is no way to legislate against all possible distractions in a car. Motorists and truck drivers still may contend with distractions such as:

•Eating and drinking while driving
•Adjusting the radio or other instruments in the car
•Speaking with passengers
•Daydreaming
•Watching external objects
•Smoking
•Checking directions or a map
What can be done to prevent more traffic accidents in Davie and other communities? It is obvious that laws alone cannot stop all of these distractions in Davie and other communities. Motorists need to become aware of the risks and need to take steps to reduce distraction on the road. One way to do this is to become more aware of distracted behaviors such as daydreaming in order to stop them. Another option is to always think three moves ahead while driving. This not only allows a driver to drive defensively, but it can also help prevent distraction by keeping a motorist’s attention fully engaged with the task of driving.

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Highway Hypnosis Can Lead to Fatal Car and Truck Accidents

Published on: December 6, 2013 | By Flaxman Law Group

When the conscious mind and unconscious mind of a driver are focused on different things, the outcome is something known as white line fever or highway hypnosis. Highway hypnosis is extremely dangerous because it causes drivers to “zone out” and while they may complete the basic tasks of driving, they often have no conscious memory of actually driving. Highway hypnosis can occur over long stretches of road and is an especial danger for truck drivers, because they drive over such long distances and so frequently.

Not a great deal is known about white line fever, even though it is an obvious danger on the roads. Researchers believe that:

•It contributes to accidents each year
•It may be more of a risk on long, monotonous stretches of road
•It may be linked to undiagnosed sleep disorders in some cases
There is no doubt, however, that it can kill. In fact, the accident on the Metro-North Railroad commuter train earlier this month has been blamed on an engineer who allegedly experienced highway hypnosis. In this state, some experts note, a driver may complete rote tasks but may not be able to respond to sudden or unexpected changes in time, which creates a risk of accidents.

Experts do agree that drivers can do a number of things to prevent highway-hypnosis related car and truck accidents in Miami and other communities:

•Get plenty of sleep. Some experts believe that highway hypnosis is in fact “micro sleep” or very short bursts of sleep that can occur if a person is very fatigued. Getting adequate sleep and adjusting for shift work, they agree, can dramatically reduce the instances of white line fever. Truck drivers are expected to abide by hours of service rules, but non-commercial motorists must be made aware of the dangers and need to decide themselves to get proper sleep to prevent truck and car accidents in Miami and other cities.

•Find ways to stay alert while driving. Long drives are not very stimulating, so drivers need to take steps to focus on driving so that their minds don’t wander. A very effective way to do this is to keep scanning the road and to think three moves ahead. Another option is to have tiny check-in times. For example, at every street corner or when passing each tree, a driver could ask themselves if their full focus is still on driving.

•Change up routes. Since long, boring routes are more likely to be the culprit, changing things up can take. Carpooling or taking a different route can mean a driver has to focus a little more on driving and this can prevent white line fever.

•Set car or truck conditions to promote wakefulness. Make sure there is plenty of fresh air in the car or truck and keep the temperature cool. Avoid eating a heavy meal before driving and make sure to take regular breaks when driving to prevent fatigue.
•Use extra caution when driving at night. Highway hypnosis is especially a risk at night, since the flashing of street lights going by can have a hypnotic effect. The body is already often tired at this time of the night and may be more susceptible. In addition, many drivers focus on the white lines on the road as they get tired and this can create a hypnotic effect.

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Why Do Truck Accidents Happen in Homestead and Other Communities?

Published on: December 4, 2013 | By Flaxman Law Group

Car and truck accidents in Homestead and other Florida towns cause devastation each year. There are a number of federal laws designed to keep drivers safe and prevent these types of accidents – so why do these traffic collisions in Homestead still take place. According to safety experts, the most common causes are:

1) Driver distraction. Since early October, no driver in Florida is allowed to text and drive. By federal law, commercial truck drivers are also not allowed to text and drive. However, distracted driving continues to be a leading cause of truck accidents, car accidents, and motorcycle accidents in Homestead and other communities. Part of the reason is that there are many types of distraction above and beyond mobile devices. A truck driver may be distracted by daydreaming, changing the music in the cab, eating a meal, or any number of other distractions.

2) Driver inexperience. Motor carriers are expected to screen and train drivers. Unfortunately, a labor shortage means that some trucking companies screen less carefully. At this time of year, when demand for deliveries and trucks is especially high, there can be pressure to accept less trained and less experienced drivers into a fleet.

3) Driver fatigue. Federal rules restrict how many hours truck drivers can be on the road before they have to rest. However, in many cases these rules are violated because of money concerns and deadlines. A truck driver may be pressured to deliver cargo by a specific deadline or may want to make more money by taking fewer breaks. In some cases, sleep apnea and other sleep disorders can also continue to driver fatigue, even if Hours of Service rules re obeyed.

4) Inebriation. Truck drivers are screened carefully but some do drink and drive or take medication that can make them sleepy on the road. Some drivers can even be unsafe on the road if they take over-the-counter or prescribed medication that can lead to drowsiness.

5) Mechanical Failure. Tire blowouts, brake failure, and other mechanical failure leads to trucking crashes each year. In some cases, these failures are caused by incorrect maintenance, by overloaded trucks, or by manufacturing defects.

6) Cargo problems. Trucks are limited as to how much cargo they are permitted to carry but in some cases truck carriers and drivers overload trucks in order to make more deliveries in less time and for less money. Overweight trucks are a danger because the extra weight puts extra pressure on tires and breaks, potentially leading to brake failure to tire blowouts. In some cases, cargo is loaded incorrectly. Even if a truck is within safe weight limits, incorrectly loaded cargo can shift and can cause a rollover or other accident.

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Squeeze Play Truck Accidents

Published on: November 28, 2013 | By Flaxman Law Group

Squeeze play truck accidents occur when large commercial trucks have to make a turn right and have to first swing the front of their truck left in order to avoid obstacles and make the right turn. If a vehicle is trapped between the curb and the rig on the left-hand side of the truck, the smaller vehicle can be crushed in what is known as a squeeze play truck accident.

Unfortunately, squeeze play truck accidents are all too common in Hollywood, Homestead, and other South Florida cities. These Hollywood traffic accidents are especially devastating because fully loaded commercial trucks can be more than 15 times heavier than a passenger vehicle. A smaller car has literally very little chance against a large truck. In these types of accidents, passengers of the smaller car could suffer fatalities, head wounds, spinal cord injury, fractures, paralysis, and other devastating or permanent injuries.

Truck drivers are expected to pass rigorous testing and enroll in extensive classes in order to learn how to avoid accidents. In many cases, squeeze play truck accidents are fully preventable because drivers are supposed to carefully check to make sure that they have enough space to make a safe left turn and they are expected to use additional precautions when they are sharing the road on narrow city streets or in busy areas where there is plenty of other traffic. Despite this, truck drivers may drive distracted, inebriated, or maybe undertrained and not be able to prevent these types of accidents.

If you have been injured in a car accident in Hollywood that involves a truck, it is important to consult with a personal injury attorney. A personal injury attorney in Hollywood or your community can help you understand whether you have a case and the possible value of your case. You may assume that car insurance will cover all of your costs, but insurance companies often try to settle claims for low amounts in order to increase profits for their shareholders. A personal injury attorney can often help find multiple liable parties or can at least negotiate with your insurance carrier to see whether it is possible to get a fairer settlement amount for you. Keep in mind that once you accept insurance money you may have signed away some of your rights to pursue compensation later on. Even if you find out that your injuries end up costing you more than you think, you may have little legal recourse, which is why it is important to consult with a personal injury attorney first.

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How to Avoid Being in a Truck Accident This Holiday Season

Published on: November 26, 2013 | By Flaxman Law Group

Truck accidents in Homestead may be more likely during the holiday season. There are many reasons for this:

•There are more trucks on the road
•There is more traffic of all types on the road
•Trucks are making more deliveries, so they are more often
•Truck drivers are often given unfamiliar routes during the holidays, because people are ordering more things, and this unfamiliarity can lead to accidents
•Truck carriers are hiring temporary drivers for the holidays, and this can lead to less careful screening of employees
•Both truck drivers and passenger car drivers are more distracted because of the busyness of the season
•There can be more DUI accidents during this time of year, due to holiday events
•The days are shorter, and visibility can be a factor

The good news is that there are ways to prevent holiday-season truck and car accidents in Homestead or your community. According to experts, there are many things you can do:

1) Take good care of yourself. Driving distracted, tired, or unwell can increase the chances that you will be involved in a traffic collision in Homestead or your community. Don’t try to do too much during the holiday, and make sure that you get plenty of rest. If you are ill, make sure that you take time away from your holiday schedule and try to rest rather than getting in your car to complete some shopping. Do not try to multitask when driving and avoid driving if you are tired or ill.

2) Make sure your car is ready for the holiday rush. A car that handles correctly is more likely to help you avoid a collision if you need to swerve suddenly or maneuver unexpectedly in order to avoid a crash. Get a tune-up for your car and make sure that it is ready for the driving conditions. For example, if you will be traveling out of state this holiday season, make sure that you have good-quality winter tires for the trip.

3) Be especially aware of trucks on the road. There will be more trucks on the road, and you will want to be aware that these trucks may be stopping or making deliveries more often. When you see trucks around you, make sure that you stay out of their blind spots and give them plenty of room to maneuver.

4) Consider visibility. Avoid driving directly behind large trucks that block your view of the road and take steps to ensure that you can see well, even with the shorter days and rains that can happen in the winter. Make sure your headlights are in good working condition and you have glasses or contact lenses – with a recent prescription – if you need them.

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