Item: Flaxman Law Group
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Author: Clara Barman

Texting and Truck Accidents in Miami: A Tough Issue

Published on: January 25, 2013 | By Flaxman Law Group

Many studies have confirmed the dangers of texting and driving. The Virginia Tech Transportation Institute conducted research which found that drivers who texted were 23 times more likely to be in a crash when compared with drivers who kept their focus on the road. A study by Car and Driver magazine found that while inebriated drivers took an extra eleven feet to brake, texting drivers had even slower response times and took an additional 70 feet to stop. In addition to many studies like these, there is ample anecdotal evidence in the form of many fatal car accidents in Miami and across the country
In 2010, the federal government acknowledged the dangers of texting while driving and the Federal Motor Carrier Safety Administration (FMCSA) announced rule 392.80, which effectively prohibited texting and driving for commercial truck drivers. The same rule prohibited motor carriers “allowing or requiring its drivers” to text and drive. Under the rules, commercial truck drivers cannot text unless they are safely pulled over on the side of the road. They cannot text while waiting at a traffic light, for example.

Despite the research and the FMCSA rules, however, truck accidents in Miami and across the country continue to be caused by distracted drivers. There are many potential reasons:

1) Not all states have texting bans. Florida does not currently have a ban in place for non-commercial vehicles. This keeps some drivers on the road texting – and may inadvertently send the message that texting while driving is ok.

2) Not all drivers must adhere to texting bans. Since motorists of passenger cars in Florida can text and drive, some of these motorists may be causing traffic accidents in Miami and other communities. Banning texting and driving for just some drivers may not be enough, some experts claim. No matter how careful truck drivers are, other distracted drivers on the road may crash into them or may cause an accident.

3) Texting culture is deeply ingrained. Mobile devices are often marketed as essential for organization and communication. Not only are these devices ubiquitous but many users feel that they need to be connected all the time – even when driving. These beliefs may make it harder for some motorists to put their mobile devices away when driving.

4) Texting is challenging to curb. Even though truck drivers are not allowed to text and drive, it is difficult to prevent this type of behavior. Truck drivers who insist on texting and driving can simply hide mobile devices in their lap or under the steering while driving, making it hard for police and others to notice that they are breaking the law.

5) Texting is not the only distraction. Most experts agree that any type of distracted driving increases the risk of a traffic accident in Miami and in every community across the country. Yet, it is virtually impossible to legislate all possible distracted behaviors.

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Could Mindlessness Lead to Car and Truck Accidents in Miami Springs and Across Florida?

Published on: January 8, 2013 | By Flaxman Law Group

A new study published in the British Medical Journal has concluded that mind-wandering can contribute to car accidents. The study’s authors spoke with 955 injured drivers who were admitted to Emergency Rooms. In 47% of cases, researchers determined that the injured driver was the at-fault driver and in half of those cases the driver was engaged in mind wandering before the crash. In 13% of cases, the mind wandering intense and disruptive. According to researchers, mind wandering involves thinking about tasks other than the task at hand.

While drivers are aware that drunk driving accidents in Miami Springs and across Florida claim lives and while motorists are becoming increasingly aware of the dangers of texting and driving, experts agree that there is less awareness about the other types of distractions. While much has been written in the media about mobile devices causing truck accidents in Miami Springs and across the nation, there is less public awareness of the fact that any distraction – even emotional distraction – can lead to roadway accidents.

When we are not mindful while driving, our full focus is not on the road. We may miss important information – such as traffic lights or pedestrians – because we are not paying attention. This can easily lead to a collision. There are many things that truck drivers and motorists can do to prevent mind wandering:

1) Avoid excessive driving. Of course, truck drivers have hours of service rules that are designed to ensure that drivers get adequate rest. Non-commercial drivers in passenger vehicles, however, need to be responsible to themselves in ensuring they get enough rest and frequent breaks when driving. It’s harder to keep focus on driving over very long distances, so if you travel often you can prevent truck and car accidents in Miami Springs or in your community by making stops to rest.

2) Find savvy ways to deal with emotional problems. In many cases, our minds wander because we have a worry or concern gnawing at us. Rather than just thinking about the problem, try discussing it with a trusted friend or writing in a journal about it. Dealing with issues rather than mulling them over is more productive – and safer if you are driving.

3) Get in the habit of evaluating your emotional state often. If your mind tends to wander often or you tend to daydream while driving, set up some system for evaluating your emotional state as you drive. You could evaluate your focus at every stop light, for example. Frequently reminding yourself that you need to focus fully on driving can break the daydreaming habit.

4) Get plenty of sleep. It is much harder to focus when you are tired, and fatigued driving has been linked to traffic accidents in Miami Springs and across the country. Adequate rest will make you a safer driver.

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Warning Signs that Driver You Know May be at Risk of a Fort Lauderdale Truck Accident or Car Accident

Published on: October 18, 2012 | By Flaxman Law Group

In many cases, drivers who cause a Fort Lauderdale pedestrian accident or car accident show some signs of possible driver errors and problems before the accident. Some of these signs can include:

1) Warning sign fender benders. Smaller fender benders – especially multiple small Fort Lauderdale car accidents – can be a warning sign that a driver is routinely taking risks or has a health problem that does not allow them to drive safely. These smaller accidents should be addressed before the motorist causes a serious Fort Lauderdale traffic accident.

2) Mix-ups doing basic driving activities – pedal mixups, driving up on curbs accidentally. While anyone can make a mistake, these types of mistakes during routine driving activities could signal distracted driving or another problem.

3) Forgetfulness or getting lost while driving. These can be early signs of dementia and could be a serious risk on the road.

4) A chronic medical condition that is serious enough to affect driving ability. Anytime a driver is diagnosed with a chronic health condition – such as cardiac disease, epilepsy, dementia, and other conditions – it is important to discuss how the condition will affect driving ability. If the patient is getting treatment, it is important to discuss the effects that medication will have on driving ability.

5) Fear when driving. Timid drivers are likely to make mistakes and drive in a way that may be dangerous. Sudden timidity and loss of confidence when driving can be dangerous and can signal that the driver knows that something is wrong. In some cases, timidity can be caused by trauma after a Fort Lauderdale truck accident or car accident. In any event, it is important to build back driver confidence by addressing any underlying issues and by getting some remedial driver training to build skills and confidence.

6) Distracted driving. Any driver of any age and health status is a risk on the road if they are driving distracted. While texting and driving is not illegal in Florida, reckless driving can lead to legal claims and charges. Any driver who routinely drives distracted will likely cause a Fort Lauderdale traffic accident and the bad habit needs to be addressed.

7) Substance abuse or medications that can cause dizziness and other dangerous symptoms. Fort Lauderdale drunk driving accidents claim far too many lives and are entirely preventable. In addition to driving under the influence of alcohol, however, drivers can also driver under the influence of drugs. Controlled substances, illegal drugs, prescription medication, and even over the counter medications can all affect judgment, response times, and motor skills.

If you know someone who is an at-risk driver, speak to them in a non-accusatory way about the issue and provide them with the facts they need to drive safe. You could be helping to save their lives.

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Rear-End Miami Truck Accidents

Published on: June 12, 2012 | By Flaxman Law Group

According to the Federal Motor Carrier Safety Administration (FMCSA), 18% of the 400 000 annual truck accidents across the country are rear-end crashes. In about 70 000 of these truck crashes each tear, it is either the truck that rear ends the other vehicle or the vehicle that rear-ends the truck. Rear-end Miami truck accidents can be especially devastating when the truck rear ends a passenger vehicle. The size and force of the truck can crush much of the vehicle and cause devastating injuries to those inside the car.

However, truck collisions in which the car rear ends the truck can also be very devastating. These accidents can cause a underride accident, in which the car slides entirely under the truck and is dragged along until the truck comes to a complete stop. These Miami car accidents tend to cause fatalities and serious injuries, since the top of the car can be completely crushes or even sheared off, causing devastating injuries to those inside the passenger vehicle. In fact, according to the FMCSA, trucks struck cars in about 28 000 accidents each year, while 42 000 nationwide truck rear-end accidents were caused by passenger vehicles striking trucks. Nevertheless, there were more fatal accidents in cases where the vehicle rear-ended the truck. There are 271 truck accident fatalities in accidents involving a truck rear-ending a car, compared to 461 fatalities in cases where the car struck the truck.

Underrides contribute to many of the accident fatalities. Another reason why these types of accidents are especially fatal is because passengers sitting in the front of a car are more protected when a truck strikes the rear of the vehicle – the truck must move from the trunk and through the rear passenger seat to harm the driver and front-seat passenger. In a collision where a car strikes a truck, there is only the hood and windshield of the car protecting passengers. This is especially a concern since passenger car drivers are more likely to rear-end a truck than trucks are to rear-end a passenger car.

Fully-loaded commercial trucks can weigh as much as 80,000 pounds or more. In a Miami traffic accident, these vehicle have a great deal of force, which can easily crush pedestrians and smaller vehicles. In Miami truck accidents involving speed, the kinetic force of a commercial truck is much larger and the instances of serious injury of fatality are therefore more common. While it is possible to walk away from a low-speed Miami truck collision with few injuries, when that same collision involves speed it is far more likely that the passengers of the car will have serious injuries.

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Why are Davie Truck Accidents Caused by Distracted Driving and Fatigued Driving Still an Issue?

Published on: June 8, 2012 | By Flaxman Law Group

Although much research has been done into fatigued driving and although truck drivers are well aware of the dangers of driving while tired, fatigued driving continues to cause Davie car accidents – as well as truck accidents across the country. This is despite awareness campaigns as well as federal rules aimed at reducing drowsy driving. Distracted driving is similar – despite awareness campaigns and rules, drivers continue to drive distracted and cause accidents due to this decision.

There are many reasons why fatigued driving and distracted driving continue to cause Davie truck accidents. One reason for distracted driving, for example, is that many drivers feel they can handle distractions. Studies have shown that many drivers of passenger cars, for example, do not feel that they will cause a Davie car accident by texting or talking while driving. Many drivers overestimate their driving abilities or incorrectly assume that a “second” of driving distraction will not lead to a collision.

Another problem with distracted driving is that in today’s world there are more distractions than ever before, competing for driver attention. There are more street signs as well as more mobile devices and distractions in cars and trucks. In many cases, drivers feel that they need to multitask while driving, and this can easily lead to Davie pedestrian accidents and traffic accidents.

Truck carriers may also be partly responsible for fatigued driving and distracted driving if they establish policies which do not allow drivers to drive safely. For example, if truck companies establish unreasonable deadlines for drivers, drivers may be forced to drive even when they are tired. If truck carriers expect to be able to reach drivers at all times on their cell phones, this can encourage drivers to talk on their phones while driving. If truck companies set these types of rules and drivers attempting to follow these rules cause a Davie truck accident, the carrier may be held partly liable for any injuries that result.

Another issue is that drivers may not be aware of sleep apnea and other conditions which make them fatigued. In many cases, fatigue is not caused just by lack of sleep but rather by a medical condition. Sleep apnea, for example, causes sufferers to wake up frequently during the night. Patients may wake up and not realize that they have had a poor sleep, but they face sleep deprivation and are at risk of a traffic collision. Even a simple cold can cause poor sleep and fatigued driving. Worse, the over the counter and prescription medications that many drivers may take for a cold or other conditions may cause drowsiness and may affect driving ability as well.

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Issues Which Can Contribute to Fort Lauderdale Truck Accidents

Published on: June 6, 2012 | By Flaxman Law Group

Fort Lauderdale truck accidents cause many fatalities and serious injuries each year. When someone is involved in this type of Fort Lauderdale traffic accident, they often have questions about what has caused the collision. There are many issues and factors which can case truck accidents:

1) Company policies. In some cases, truck carriers instill policies which are designed to improve profits but which do not necessarily help safety. For example, some companies may not thoroughly screen drivers or may put added pressure on drivers through tight deadlines, pushing drivers to take added risks.

2) Driver fatigue. Statistics have shown that fatigued driving is a major cause of many truck accidents. There are federal rules which enforce certain rest periods for commercial truck drivers, but driver fatigue is still an issue. In part, this is because while drivers may rest they may not necessarily get adequate sleep on the road. In addition, drivers often work odd hours to make deliveries, and this type of work can be exhausting, even if a driver does get adequate sleep. Finally, certain conditions, such as sleep apnea, can cause fatigue that can lead to a Fort Lauderdale car accident or truck accident.

3) Driver distraction. Commercial truck drivers are banned from using cell phones while driving, but some continue to do so. Some drivers also are distracted by changing music, eating, or trying to do other things while driving. In all cases, driving distracted can lead to devastating crashes.

4) Driver error. Driver mistakes are one of the leading causes of truck accidents. In many cases, driver errors are indirectly caused by lack of driver training, inexperienced driver, fatigued or distracted drivers, or by another secondary cause.

5) Lack of attention to rules and regulations. Commercial truck drivers are expected to follow the rules of the road and are expected to adhere to the federal policies created for commercial truck drivers. When truck drivers speed, fail to follow the rules of the road, and otherwise violate the rules, collisions are a common result.

6) Road rage. When truck drivers get upset and frustrated – which can occur after long days on the road – they are more likely to make mistakes and drive aggressively, which puts everyone at risk.

7) Substance abuse. Commercial truck drivers are tested for substance abuse, but in some cases drivers do use stimulants on controlled substances. While the rate of Fort Lauderdale drunk driving accidents is lower among commercial truck drivers than the general driving population, it can still be a problem. In some cases, even over the counter medications can make truck drivers dangerously sleepy.

8) Mechanical issues. Both truck drivers and truck carriers are responsible for regular checks of a truck and for regular truck maintenance to ensure that a truck is safe for the road. When a truck system – such as the brakes system – fails and causes an accident, it is often due to a parts defect or lack of adequate maintenance.

9) Load issues. A fully commercial truck that is loaded with too much cargo is more likely to suffer brake failure or tire failure as the extra weight puts added stress on the vehicle. When a truck is overloaded or when a load is not correctly secured, the truck is also more susceptible to rollover accidents.

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Summer Road Hazards and Coral Gables Truck Accidents

Published on: May 10, 2012 | By Flaxman Law Group

The summer presents many driving opportunities, but it also means more trucks and cars on the roads, which can mean more Coral Cables traffic accidents. As well, the unique conditions of summer can lead to new perils. There are many road hazards that are particular to summer that can lead to Coral Gables truck accidents and traffic accidents:

1) Hot roads. During Florida summers, very hot temperatures can turn asphalt roads into very hot surfaces, and these surfaces can be very detrimentally to rubber tires. Truck tires may be especially vulnerable to Coral Gables tire blowouts and tire defects due to the weather, since rubber disintegrates faster in very hot conditions. When commercial trucks are overloaded, this puts even more pressure on the tires and makes tire blowouts even more likely.

2) Summer weather conditions. Hot weather can also be dangerous for drivers. Hot weather can cause drowsiness and discomfort, which can be distracting and dangerous. Drowsiness in the summer heat can be especially dangerous for truck drivers, who must often drive for long hours as part of their job. Drowsiness due to hot weather can be an especial problem if it is combined with sleep problems or with over the counter medications that lead to sleepiness. Summer sun can also cause glare and can make it harder for drivers to see properly, which can lead to a Coral Gables car accident or traffic accident. The sun can also lead to headaches, dehydration, and other problems, which can be distracting. This is one reason why keeping sunglasses and bottled water in the car is an important precaution in the summer.

3) Heavy summer traffic. Summer traffic inevitably means more cars, trucks, pedestrians, and every other type of traffic as more residents head outside and as more visitors arrive in the city. Higher traffic volumes and the fact that more types of road users are sharing the roads can increase the risk of Coral Gables traffic accidents, however.

4) Summer road work and construction projects. Summer is often when road work and construction projects take place, but these projects can cause congestion and traffic snafus that lead to Coral Gables truck accidents.

5) Summer distractions. Summer often means more distractions, including street festivals and events as well as special advertising and promotional campaigns. These distractions can make it harder for drivers to focus on driving, which can lead to Coral Gables car accidents.

6) Animals. Warm weather means that more animals – including pets as well as wildlife – are out and about. It can be an especial problem for truck drivers, since they tend to drive late at night and early in the morning, when wildlife is more likely to be on the roadways.

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Should Car and Truck Manufacturers Be Responsible for Preventing Pompano Beach Truck Accidents Caused by Distracted Driving?

Published on: March 3, 2012 | By Flaxman Law Group

Today, most people agree that distracted driving is one of the main causes of Pompano Beach traffic accidents, including truck accidents. Each day, it seems, there is another item in the news about a Pompano Beach truck accident or Florida car accident caused by a distracted driver. While awareness about the problem is growing, however, many people continue to drive distracted.

One problem, according to experts, is that driving distracted is easier today than ever before. Mobile devices are ubiquitous and many cars are made with a great deal of distracting technology, including LCDs, DVD players, audio systems, voice-controlled applications, and other devices that capture drivers’ attention. Truck drivers may also need to deal with a dispatch radio or other communication devices on the job.

The U.S. Department of Transportation (DOT) believes that vehicle manufacturers should be more responsible for the possibly-distracting technology sold in cars and trucks today. DOT head Ray LaHood recently revealed new guidelines for vehicle manufacturers. The proposed guidelines would limit the technology in cars that is distracting or not related to safety features.

DOT would like to see technology features that do not require drivers to remove their eyes from the road for more than two seconds and would like to see no new technology that would require drivers to remove both hands from the wheel. The agency would also like to see more involved technology disabled when vehicles are not in park. This means that features such as phone dialing, setting up navigation systems, internet browsing, and text messaging could only be done when the car was not in motion.

Experts predict that in the future DOT may also target makers of tablet computers, smartphones, GPS units, and other devices used in cars, to make these devices safer on the road. The final guidelines of the current proposed items have not been finalized and the guidelines are not directives. This has some experts wondering how effective the guidelines might be.

The DOT announcement also raises another question: who is liable when a distracted driver causes a Pompano Beach car accident or truck accident? Is it purely the driver’s fault? Can manufacturers of GPS devices and car makers be held responsible for creating and marketing technology that distracts drivers? The DOT decisions certainly suggests that the agency feels that vehicle makers have a role to play in preventing distracted driving.

In many ways, the debate about distracted driving always comes down to a debate about personal choice. Florida is one of only a handful of states to not have a ban on texting, in part because some legislators feel that banning distracted driving is too much of an intrusion into people’s lives. Many also feel that banning texting and driving would not prevent other forms of distracted driving, which can be just as deadly.

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Causes of Hollywood Trucking Accidents

Published on: February 29, 2012 | By Flaxman Law Group

After a Hollywood truck accident, it is only natural to have questions. One of the most common questions that victims of Hollywood traffic accidents have is “why did this happen?” Searching for answers usually involves working with a Hollywood personal injury attorney, who can hire accident reconstruction experts as well as private investigators and other professionals to determine the cause of an accident. In many cases, a Hollywood truck accident is caused by a few factors:

1) Driver fatigue. Commercial truck drivers must obey certain rules which limit how many hours a truck driver can drive before resting and how much rest a driver must take. However, in many cases these rules are not followed. In some cases, drivers choose to drive further in order to make more money while in other cases drivers are pressured into driving longer hours in order to make delivery deadlines. In some cases, a driver may have a health issue that makes them fall asleep at the wheel. Many studies have shown that driving fatigued can be as dangerous as drunk driving, because response times and focus are impaired in similar ways. When truck drivers fall asleep at the wheel or fail to respond in time, catastrophic Hollywood car accidents are a common result.

2) Distracted driving and driver error. Even when a driver is well-rested, he or she can make mistakes that lead to a tragic accident. Many Hollywood truck accidents, for example, are caused by drivers who decide to tailgate, speed, drive aggressively, or make other errors. In addition, many Hollywood traffic accidents are caused by distracted driving. While commercial truck drivers are not allowed to text and drive, some drivers do fail to follow protocols for avoiding distracted driving.

3) Poor truck maintenance. When truck carriers fail to properly care for trucks, brake failure, tire blowouts, and other mechanical failures are common. Trucks in poor condition may not respond in time to avoid an accident, may suddenly fail, or can otherwise respond in a way that the driver does not expect, making it virtually impossible for the driver to avoid an accident.

4) Load issues. There are weight limits imposed by the Department of Transportation, as well as rules bout securing cargo. However, some companies do overburden their trucks with excessive cargo or fail to property secure cargo. This can cause tire blowouts, rollovers, and other Hollywood truck accidents.

5) Poor hiring practices. Truck carriers should check for drivers with histories of substance abuse, traffic violations, and other problems. When a company hires an unqualified driver, both the company and the driver can be held liable if the driver’s poor driving results in a Hollywood traffic accident.

After a Hollywood truck accident, it is very important to determine the cause of the accident. Determining the cause can help you find all liable parties, and if you have been injured in a truck accident pursuing all liable parties increases your chances of fair compensation. To determine the cause of your accident, it is important to consult with a qualified Hollywood personal injury attorney. Attorneys work with investigative professionals who can help you find the answers you need about your accident.

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Could LTCCS Study Shed Light on Miami Springs Truck Accident Causes?

Published on: January 31, 2012 | By Flaxman Law Group

The Federal Motor Carrier Safety Administration (FMCSA) has recently released the results of its Large Truck Crash Causation Study (LTCCS), which analyzes the causes of large truck accidents across the country. The study found that driver fatigue, distracted driving, and poor truck maintenance were among the leading causes of big truck accidents. Although the study was national in scope, the same issues are causing Miami Springs truck collisions.

The LTCCS study examined close to 1000 traffic accidents involving large trucks. According to the study, big truck accidents cause 5000 fatalities each year, and the nearly 500,000 semi truck collisions that take place in the US each year can be reduced through prevention.
According to the latest LTCCS study, the majority of big truck accidents examined are related to safety violations. Researchers of the study concluded that roughly 66% of commercial trucks have at least one documented violation. In many cases, the violation has to do with something significant, such as the braking system or the tires.

According to the LTCCS study, however, the biggest concern for motorists is driver fatigue. The study’s authors concluded that driver fatigue was the most common cause of larger truck accidents. In 2011, the FMCSA released new Hours-Of-Service which are intended to ensure that drivers get more rest. However, it is not yet known what impact the new rules will have on road safety. As well, as many experts have noted, Hours-Of-Service rules only apply to commercial truck drivers. Most motorists are not restricted by such rules and many Miami Springs car accidents may be occurring due to drivers of passenger vehicles who are too tired to drive safely. Miami Springs personal injury attorneys may pursue legal action against drivers of passenger vehicles who do not drive safely, but such drivers may still be causing a number of traffic accidents.

According to the LTCCS study, another major cause of truck accidents involving 18-wheelers, semis, and other large trucks is driver distraction. While a federal ban prevents commercial drivers from texting and driving, there are still many potential distractions in a truck cab. Drivers may easily be distracted by hands-free devices, PDAs, tablets, mp3 players, CB radios, laptops, and other devices. As mobile devices get smaller and more omnipresent, they can cause a greater distraction. Unfortunately, there is currently no practical way to ban the ever-growing number of distractions available to drivers.

Many Miami Springs personal injury attorneys and law enforcement professionals also point out that it is very hard to enforce existing no-texting laws for truck drivers. Mobile devices and cell phones can be kept in a driver’s lap, making it hard for law enforcement officers to catch drivers who are texting. In most cases, it is not until after a Miami Springs traffic accident that driver distraction is uncovered when police check phone and text message logs on a driver’s mobile device.

Of course, another key problem is that while commercial truck drivers are not allowed to text and drive, there is no texting ban in Florida for drivers of passenger cars. This means that local drivers can easily cause Miami Springs pedestrian accidents and truck accidents unless they willingly put mobile devices away when driving.

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