Item: Flaxman Law Group
Rating: 5
Author: Clara Barman

Florida Truck Accidents Involving Homes

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

Most Florida car accidents and truck accidents involve other vehicles, pedestrians, and inanimate objects such as telephone poles. However, in some cases, trucks and cars in Florida plow into homes. In many cases, these are Florida drunk driving accidents or accidents involving loss of control of the vehicle or a pedal error (such as when the driver mistakes the accelerator for the brake. Such an accident occurred in Cocoa, Florida in January and another took place in Palm Bay in May. Brevard County has in fact seen a few such accidents in 2011.

The results of these accidents can be devastating, especially when the vehicle involved is a truck. Due to the size and force of a truck, the truck can plow right into the house and tear down walls. Both the driver and the occupants of the home are likely to sustain serious injuries. There are many types of damages which typically occur in this type of Florida accident, including severe property damage and serious injuries. There are many reasons why such accidents result in such severe damages:

1) Many accidents involve high rates of speed. While there are no statistics concerning such crashes specifically, authorities have stated that such accidents occur fairly often and often do involve high speeds, since often the drivers are intoxicated or have hit the accelerator by mistake. The high speed causes the impact of the crash to be greater.

2) Walls are often torn down. In this type of accident, the sheer size and force of the vehicle is often enough to push down walls and barriers, crushing anyone behind the walls.

3) In many cases, there is structural damage to the home. This sort of collision can compromise the foundation or walls which are structurally important to the home. In some cases, the home cannot be salvaged or requires very extensive (and expensive) repairs.

4) The vehicle sustains serious damages. In many cases, the vehicle doing the damage is also seriously injured and the driver usually is killed or sustains serious injury.

5) The occupants of the home are typically not prepared. In a Florida car accident, victims may have only seconds to respond but may have at least a few seconds to try defensive driving. In a situation where a vehicle crashes into a home, there is typically no warning and occupants often have no time at all to get to safety.

6) There is a risk of fire. This type of collision can easily lead to a fire since the crash of the truck through walls can harm electrical wiring and gar lines and can also create sparks.

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Two Recent Florida Truck Accidents Show the Dangers of Driving

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

Two recent truck accidents in Florida have made headlines and have highlighted some of the risks on Florida roads. In one incident, well-known professional wrestler Randy “Macho Man” Savage suffered a heart problem while driving his Jeep truck. His heart was on the accelerator when he lost consciousness due to ventricular fibrillation (VF) and lost control of his vehicle. His wife, who was a passenger in the car with him, steered the car away from the traffic and into a tree. Many experts believe that her actions helped prevent a more serious Florida car accident. Sadly, Randy “Macho Man” Savage passed away as a result of VF.

In the second incident, a 29-year old man in Florida caused a 5-car accident and $44,000 in damages when he dropped his cell phone in his car and bent down to pick it up. Since his eyes were not on the road, he did not notice when the cars in front of him stopped and he plowed his truck into four cars and then crossed lines of traffic before ending in a ditch. He was charged with careless driving.

That incident highlights the dangers of distracted driving – and shows that not all distracted driving is caused by texting while driving. Any activity that takes your eyes off the road is dangerous and can lead to charges filed against you. Even taking your eyes off the road for a few seconds can mean that you don’t have time to react to a stopped car or a pedestrian and can cause you to be in a Florida car accident.

Both accidents also show how quickly Florida truck accidents can happen. A sudden medical emergency or a moment’s distraction cause thousands of Florida car accidents and truck accidents each year and each such accident can result in fatal injuries that can change families in tragic ways. While there may be no way to predict a medical emergency, there are ways to help prevent Florida truck accidents and car accidents.

For example, drivers can place possessions – including cell phones – safely in the glove compartment or the trunk. In the event of a collision, this prevents these objects from becoming airborne. Each year, victims in car accidents are seriously injured by flying objects inside a car, so the fewer items you have loose in your car the less likely you are to be injured and the less likely you are to be distracted. Turning off your mobile devices and putting them away entirely is also an important safety precaution. The temptation to just take a quick peek at your messages can be strong – and that one quick peek can result in a tragic accident.

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Distracted Truck Driving Leads to Accidents in Florida

Published on: May 30, 2011 | By Flaxman Law Group

In the last few years, there has been more awareness about the dangers of distracted driving. In fact, new regulations have been passed over the past three years which make it illegal for commercial truck drivers and government employees on the job to text and drive. As well, victims who are injured in a Florida truck accident caused by a distracted driver can usually pursue the driver in court for negligence.

Despite this, however, distracted driving continues to cause Florida car accidents and truck accidents everywhere. These accidents continue to claim lives and cause hundreds of thousands of injuries each year. Part of the problem is that while steps are being taken to address texting and driving, the larger role of distracted driving is not being addressed.

The reality is that distracted driving is not just about texting. Distracted driving can occur every time that a truck driver removes his or her focus or eyes from the road. Distracted driving can happen when a truck driver is changing a CD, talking on a cell phone (even on a hands-free device), eating or drinking while driving, looking at a map, searching for something in the cab, and otherwise doing anything else but focusing completely on the road.

Unfortunately, it is impossible to legislate the long list of possible distractions available for truck drivers on the road. It is also impossible to enforce rules requiring truck drivers to remain focused on the road at all times. In fact, the very nature of the job makes long-term concentration difficult. Drivers spend all day, day after day, on the road, driving. Mainlining 100% concentration on the road during long stretches of time is very difficult.

Some industry experts have recommended that stricter rules be put in place against truck drivers who have accidents or “near misses” while distracted. They argue that once a truck driver has shown that he or she is prone to distracted driving, he or she should be taken off the road. Others argue for better education campaigns to teach all drivers about the dangers of distracted driving. Some industry experts also recommend adding devices into the cab of trucks – devices such as cameras – which would help investigators and carriers evaluate truck drivers’ levels of performance and distraction.

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How Rudeness Can Lead to Florida Trucking Accidents

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

Rudeness is usually seen as a social fault, and certainly not as something potentially fatal. However, on the road, rudeness can actually cause dangerous situations which lead to Florida car accidents and truck accidents. Rude behavior that can be downright dangerous includes:

1) Cutting trucks off. Cutting off a commercial truck is rude to the truck driver – but it can also be deadly for the passenger car driver. Trucks take a longer time to stop than smaller vehicles, so a truck that is cut off may not have enough time to stop. When passing a truck, give yourself plenty of room before you cut back in. This is especially true if you are on an incline, where a larger and heavier truck will be picking up speed.

2) Road rage. Road rage is never polite – the screaming, swearing, and rude gestures are never appropriate. However, in a confrontation with a truck driver, such behavior can be downright deadly. Road rage can distract a truck driver, causing an accident. It can also distract you, causing you to make a deadly mistake.

3) Aggressive driving. Speeding, swerving, cutting other drivers off, and otherwise driving aggressively makes other drivers angry because it is rude. Driving aggressively around trucks, however, is dangerous because aggressive driving often involves erratic and impulsive maneuvers – maneuvers that truck drivers cannot anticipate in time.

4) Tailgating. Tailgating is always considered aggressive and rude. With a truck, it can lead to a car accident, since truck drivers cannot see directly behind them due to blind spots. If you are following too close to a truck, you likely cannot see the truck driver in the truck’s mirrors, and that means that the truck driver cannot see you.

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Top Causes of Truck Accidents – and How to Avoid Them

Published on: March 30, 2011 | By Flaxman Law Group

Statistics show that many truck accidents take place in rural areas, often on the weekends. Truck accidents cause nearly 5000 deaths across America each year, as well as billions of dollars in damage and many thousands of injuries. Accident reports state that the top reasons for truck accidents include:

1) Driver fatigue on the part of the truck driver. There are many regulations — including hours of service regulations — which ensure that truck drivers get adequate rest. Nevertheless, sleep apnea, illness, work pressures, tight deadlines, and a host of other reasons can cause a truck driver to be tired, and even to fall asleep at the wheel. While there’s not a great deal you can do to ensure that truck drivers get adequate rest, you can ensure that you yourself get plenty of sleep and rest before you drive. Driving tired — whether you drive a truck or a passenger vehicle — is always dangerous. Another thing you can do to help prevent accidents caused by driver fatigue is to write to your representatives and support legislation which encourages long rest periods for truck drivers.

2) Drugs and alcohol. Many accident reports show that truck driver errors are often caused by drugs and alcohol. Florida drunk driving accidents — whether they involve trucks or cars — steal far too many lives each year. If you see a truck driver driving erratically, contact your local authorities to report the problem. As well, never get behind the wheel if you have been drinking yourself.

3) Failure to follow the rules and regulations of the roads. Both truck drivers and passenger car drivers are responsible for accidents when they fail to obey traffic laws. Whether it’s speeding, obeying stop signs, or following proper rules for passing, merging, and turning, it’s important to get excellent driver training and to follow the rules at all times.

4) Improperly loaded and secured loads on trucks. Truck loads can be heavy, and if they are not loaded correctly and secured, they can roll around on the truck, increasing the chances of rollovers and causing a weight imbalance which can cause drivers to lose control of the vehicle. While there’s not a great deal you can do to ensure that carriers follow proper rules for loading and securing cargo, you can keep an eye on trucks on the road, avoiding any that seemed to be top-heavy or weaving.

5) Distracted driving. This is another problem for both truck drivers and passenger car drivers. Whether distracted driving is caused by changing a CD, using a mobile device while driving, or talking too animatedly with passengers, taking your eyes and mind off the road can be deadly. Commercial truck drivers are not permitted to use mobile devices while operating their vehicles. If you see any truck driver who’s driving unsafely because they are using a mobile device, pull over and record them to your local authorities.

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Preventing Driving Error Can Help Prevent Truck Accidents

Published on: March 9, 2011 | By Flaxman Law Group

Many Florida truck accidents – and indeed many Florida car accidents — are attributed to “driver error.” In many cases, this general term simply means that a driver had no intention of harming anyone but has made a mistake which has resulted in an accident. Most experts agree that such accidents are highly preventable.

To prevent traffic accidents caused by driver error, it is important to first eliminate causes of error. Many factors can make a driver more prone to mistakes. For example, a driver who is taking cold or flu medication that results in drowsiness is more likely to make mistakes behind the wheel, even if the medication is not a controlled substance. If a driver is sleepy or ill, he or she is also more likely to cause a Florida car accident due to error. Similarly, a distracted driver can make mistakes simply because he or she is not alert enough to notice possible hazards. Eliminating drowsy driving, distracted driving, and driving while ill means that drivers who are well and alert are behind the wheel – and focused, healthy drivers are less likely to make mistakes.

Another way to eliminate driver mistakes is to improve and increase truck driver training. In many cases, driver error is caused simply by lack of experience on the part of the driver. Experienced drivers make fewer mistakes, typically, simply because they are more familiar with a wide range of driving experiences and know to respond appropriately. Truck driving training can mean that drivers have the skills to avoid potentially tragic mistakes. Truck training also means more truck driving experience. Drivers who take additional training are also enjoying more experience in controlled conditions – which means they are more prepared for the road.

Many driver mistakes can also be prevented by creating an environment of safety for drivers. That is, having reasonable work deadlines and sensible schedules ensures that drivers can care for themselves and can therefore be in better shape to avoid mistakes on the road. Carriers and the trucking industry can help create an environment of safety and prevent truck accidents by continuing to focus on safety and driver comfort.

Another way to prevent driver errors and the accidents they cause is to make it easy to focus and stay error-free. In many cases, drivers make mistakes because their minds and eyes are not 100% on the road. Drivers who are focused on the task at hand are less likely to make mistakes because they are not distracted. Banning texting and driving for drivers is an important first step. Carefully screening drivers to ensure that they can focus on one task for extended periods of time is another potential step to help prevent distracted driving and accidents.

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Signs of Possible Driver Problems Which Can Lead to a Florida Truck Accident

Published on: March 2, 2011 | By Flaxman Law Group

According to The Hartford Insurance Company, there are several signs that a driver may no longer be safe for the road. Recognizing and acting on these signs early may help prevent Florida truck accidents and Florida car accidents:

1) Signs of confusion. Stopping in traffic for no clear reason, confusing brake and gas pedals, getting lost in places that were once familiar, delayed response times, moving into the wrong lane and difficulty maintaining a position in a lane can all indicate a problem. According to the Hartford Insurance Company, these may be the signs that an elderly driver, especially, is struggling with the basics of road safety. They may indicate problems caused by dementia, stroke, and other problems that affect neurological function. Other symptoms of these problems include confusion at exits and increased agitation when driving.

2) Traffic accidents and violations. These can be a sign of vision problems, aggressive driving, fatigue, distracted driving, or other problems. However, ticketed moving violations or warnings, multiple Florida car accidents, running red lights or stop signs, and other reckless behavior is a clear sign that a driver should not be on the road. Multiple near-misses or violations, especially, are a sign of a more serious underlying problem. Luckily, this is one sign that is likely to be taken seriously by carriers because it affects truck companies’ insurance costs.

3) Not noticing important things. Parking inappropriately can mean not noticing parking signs and cues. Hitting curbs or other objects, failure to notice other cars or activities or failure to notice traffic signs can all indicate a serious problem. A lack of ability to notice important driving cues can mean vision problems. distracted driving, or fatigued driving. In any event, leaving this problem unchecked is very likely to result in a Florida truck accident.

4) Poor judgment. Difficulty in making turns, difficulty anticipating potentially dangerous situations, difficulty estimating distances, and similar signs can mean that a driver’s judgment is affected. This could be due to alcohol and drug use, distracted driving, fatigued driving, and a host of other problems. However, it is a serious problem. All drivers, and especially truck drivers, rely on their experience and judgment when operating a vehicle. With this judgment affected, accidents are very likely.

5) Aggressive driving. Speeding, lack of signally, frustration and yelling, honking at other cars, and a failure to follow rules of the road are all signs of aggressive driving. Aggressive driving can be caused by poor anger management, emotional problems, or even frustration at an underlying problem. Aggressive drivers take risks which can lead to serious accidents, however, and need to be taken off the road.

6) Low confidence in driving skills. Relying on a “copilot,” driving slowly, riding the brakes, and driver anxiety can all point to a lack of confidence. While not as serious as aggressive driving, excessive cautiousness and lack of confidence can also lead to traffic accidents. In some cases, younger drivers or under-qualified drivers may experience low confidence. Additional training can often help resolve this issue.

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How Mobile Devices Lead to Florida Truck Accidents

Published on: February 23, 2011 | By Flaxman Law Group

Much has been written in the past year or two about mobile devices and Florida truck accidents and car accidents. Unlike many states, Florida does not currently have a law banning cell phone use or texting while driving – and experts believe that the omission may contribute to Florida car accidents and truck accidents. According to the National Highway Traffic Safety Administration (NHTSA), texting and driving increases the risk of a collision by 300%. In 2008, more than 515,000 passengers and drivers were injured and another 5870 were killed nationwide in accidents caused by texting and driving. Yet, despite awareness campaigns, according to some experts half of all drivers under the age of 24 text behind the wheel.

Some have argued that any form of distraction can lead to traffic accidents. While this is true, texting and use of mobile devices is especially odious because it is so prevalent and because it provides the three levels of distraction which experts say is the most deadly:

1) Visual distraction. Visual distraction occurs when drivers take their eyes off the road in order to dial a number, find a cell phone, or read a text message. In the case of drivers operating a large commercial truck, even removing eyes from the road for a few seconds allows the truck to travel the length of a few football fields – more than enough space and time to cause a serious Florida pedestrian accident or car accident.

2) Cognitive distraction. Cognitive distraction involves taking one’s mind off driving. Cognitive distraction is why many experts say that hands-free devices are simply not safe, either. When drivers become engaged in a phone conversation or in communications, they may not be thinking about driving and this can easily cause a collision.

3) Manual distraction. In order to text or dial a number, drivers must remove their hands from the wheel. For a truck driver, this can cause them to quickly lose control of the truck, which can swerve into traffic. Even hands-free devices can be a distraction in this sense if a driver drops the device and searches for it, taking their hands off the wheel.

Currently, there are laws in place to prevent drivers of commercial trucks from texting and driving. As well, many carriers prohibit their drivers from texting and driving. However, many drivers still continue to adopt this unsafe practice. Unfortunately, enforcing texting and driving bans is difficult. It is difficult for law enforcement to see whether a truck driver is holding a mobile device at the wheel. In many cases, texting and driving is only revealed in the investigation after an accident.

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The Federal Motor Carrier Safety Administration Weighs in on Ways to Prevent Truck Accidents

Published on: January 12, 2011 | By Flaxman Law Group

According to the Federal Motor Carrier Safety Administration, there are many bad habits car drivers can adopt that can easily lead to Florida car accidents and truck accidents. Although truck drivers can also cause Florida truck accidents, in many cases mistakes by drivers of passenger vehicles cause serious accidents on the highways and roads. According to the Federal Motor Carrier Safety Administration, there are many things drivers of passenger vehicles can do to avoid an accident:

1) Wear a seatbelt. While a seatbelt will not prevent an accident, the Federal Motor Carrier Safety Administration points out that if you are in an accident, a seatbelt is the best protect you have. A seatbelt will protect you by preventing you from being ejected from the car or hitting the steering wheel or windshield. According to the Federal Motor Carrier Safety Administration, in about 78% of truck accidents involving a car, there is a fatality involving a passenger or driver of the passenger vehicle involved. Wearing a seatbelt can reduce your risk.

2) Do not cut in front of trucks. According to the Federal Motor Carrier Safety Administration, this is the most common – and the most deadly – mistake passenger vehicle drivers make when sharing the road with trucks. The problem with cutting trucks off is that large vehicles such as trucks take much longer to stop than other vehicles. This means that if the truck driver must slam on the brakes, it is likely that a truck accident will happen. Always make sure that you can see the truck in the mirror before you attempt to enter the lane in front of a truck. Use your signal to ensure that the truck driver can see you are about to move into his or her lane.

3) Don’t coast in the blind spots. Truck drivers cannot clearly see vehicles driving directly in front, behind, or beside the truck. Unless you can see the truck’s mirrors, the driver likely cannot see you. Avoid staying in the blind spots – a truck could turn into you or back up into you.

4) Drive calmly and attentively. Aggressive and distracted drivers are dangerous to everyone on the road. Since truck drivers take longer to stop their vehicles, someone who is running red lights, making aggressive lane changes, or not paying attention can easily cause a Florida truck accident.

5) Do not get caught in a “squeeze.” A squeeze refers to a situation in which a passenger car gets stuck between the curb and a truck when a truck makes a wide right turn. In many cases, trucks need to swing wide to the left, especially on city streets, and may not see cars beside them or behind them. If you get stuck in a squeeze, you could be forced to drive up on the curb, causing a Florida pedestrian accident. In a worst-case scenario, you could be left with nowhere to go and could be crushed by the truck. Always give trucks extra room to turn.

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Could New Software Help Prevent Florida Truck Accidents Caused by Distracted Driving?

Published on: January 5, 2011 | By Flaxman Law Group

While Florida has not banned texting and driving yet, the awareness about distracted driving is growing. Both anecdotal evidence and numerous research studies have shown it: texting or talking on the phone while driving can easily lead to Florida pedestrian accidents, truck accidents, and other traffic accidents. Using a mobile device while driving removes the driver’s eyes from the roads for dangerous periods of time, paving the way for an accident. While legislators continue to try to pass Florida laws that would ban texting while driving, some companies are coming up with innovative ways to halt distracted driving.

Florida company PhoneGuard has created new software which may help prevent Florida car accidents and truck accidents caused by distracted driving. The software, Drive Safe, makes it impossible for drivers to use PDAs, cell phones, and smartphones to text while driving. The software disables texting, keyboard functions, and emailing on mobile devices in any vehicles traveling over 16 kilometers per hour.

According to PhoneGuard, the software is especially useful for employers and parents who want to ban texting while driving for a specific person. For example, trucking companies can use the software to ensure that no drivers text and drive while on the job. As PhoneGuard notes, the software takes away the job of enforcing texting bans. Indeed, enforcement has been a key problem with text bans. While many workplaces and states already ban texting and driving, most admit that it is difficult to stop or notice such behaviors unless they lead to an accident.

The Drive Safe Software uses GPS to track the coordinates and the speed of a vehicle. When a driver starts traveling over 16KPH, the software automatically turns off texting options on phones. If the driver speeds, the software can even alert employees via text message. This feature may be especially handy for the trucking industry, which has had a problem with excessive driver speeds causing Florida trucking accidents. Another feature of the software is a “time out” feature which would allow employers to prevent employees from texting during specific times – such as work hours, for example. The software is tamper-proof, according to the company.

According to the US Department of Transportation and the National Highway Transportation Safety Administration (NHTSA), almost 5000 car accidents in 2009 were linked to distracted driving caused by mobile device use. For this reason, texting as a distraction while driving has caused a great deal of concern. Even experienced truck drivers are far more likely to cause a Florida truck accident while texting and driving, simply because their eyes are not on the road.

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