Item: Flaxman Law Group
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Author: Clara Barman

Changes in Attitudes Needed to Reduce Trucking Collisions in Hollywood and Florida

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

There is no doubt that fatigued driving in Hollywood and across the country leads to trucking collisions. Each year, thousands of people are injured or killed in trucking collisions in Hollywood and across the nation because big rig drivers and tractor trailer drivers get behind the wheel when they are too tired to drive safely.

Even though the risks of fatigued driving are well-known, there is much disagreement as to how to address the issue. Earlier this year, new hours of service regulations were passed which would require different rests breaks and would lower maximum hours driven per week from 82 to 70. Safety advocates claimed that the hours of service rules did not go far enough and still allowed long-haul truckers to stay on the roads for much longer than may be safe.

The trucking industry did not agree with the changes either, stating that the new rules require two rest periods between 1 a.m. and 5 a.m. each week, which would put truck drivers back on the roads during morning rush hour, potentially creating the risk for more collisions. Some legislators are seeking an amendment through Senate that would freeze the new hours of service rules until more research could be done to determine the rules’ effect on roadway safety.

Trucking industry officials have also stated that giving long-haul drivers more flexibility about rest periods would be more conducive to sleep and rest between driving times. They have further argued that simply cutting back hours would lower productivity and put more trucks on the roads, which could increase the risk of motor vehicle collisions in Hollywood and other cities.

Even doing research about fatigued driving is difficult, in part because fatigue is challenging to measure and problematic to prove after the fact. A 1990 study by the Transportation Safety Board concluded that fatigued driving played a role in 182 commercial truck crashes studies. In a 2006 study, however, the Department of Transportation concluded that fatigued driving plays a role in 13% of trucking accidents.

While many experts focus on passing laws that would reduce fatigued driving and crashes, part of the problem with fatigued driving is that it can be so hard to legislate. A driver can technically obey the hours of service rules and still be a danger on the road. Drivers may be unable to sleep during their rest periods, for example, or may suffer from sleep disorders or health conditions that leave them fatigued even when they get the mandated number of rest breaks.

Clearly, passing new laws is not enough. What needs to change are attitudes. Rather than trying to simply state how many hours a driver must rest, more needs to be done to give drivers the tools needed to stay safe on the roads. This may mean providing more health services so that truck drivers can address any symptoms or problems before they become a hazard. It can also mean paying truck drivers well, even if they need to make a safer decision to take an unscheduled rest break due to fatigue. The way trucking is set up is that truck drivers are paid by cargo delivered and miles driven. There is a financial incentive to push past fatigue and keep driving.

What do you think? What needs to be done to help prevent fatigued driving from claiming more lives?

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Agency Considers Electronic Logs for Truckers as a Way to Slash Trucking Crash Rates

Published on: June 12, 2014 | By Flaxman Law Group

Federal rules require truck drivers to keep logs of rest periods, stops, and other data. Driver logs are intended to encourage drivers to abide by hours of service rules and other regulations. In the event of a trucking collision in Miami or another city, they can also become an important record of what may have contributed to an accident.

Unfortunately, as many personal injury attorneys in Miami and other cities know, there are a number of problems with traditional driver logs. In some cases, drivers may forget to write down important information. In other cases, the information is incomplete, inaccurate, or even falsified.

Since driver logs are only useful when accurate, some experts have wondered whether electronic logs (ELDs) could help resolve the problem. A new study referenced by the Federal Motor Carrier Safety Administration (FMCSA) suggested that trucks with electronic hours-of-service recorders (EHSRs) may have lower rates of violations and lower accident rates than trucks without the electronic logs.

Specifically, trucks with the devices had a preventable collision rate that was 5.1 percent lower and a total accident rate that was 11.7 percent lower when compared with trucks that did not have the devices. In addition, trucks with EHSRs had a driving-related hours-of-service violation rate that was 53% lower than trucks without the devices. The sample rate for the study was small, so it is possible that further studies may be requested.

Not everyone is enthusiastic about ELDs and EHSRs, however. Some drivers say that the devices place them under very high levels of surveillance. There is also some concern that the devices and their information could be used to further reduce total allowable hours for truck drivers.

Some experts also say that the devices themselves are not necessarily a solution for a few reasons:

•The devices may not necessarily help prevent hours of service violations. Since the devices stay with the truck, truck drivers could potentially simply jump into another truck after a certain amount of time to keep driving. The devices are not foolproof.

•As with traditional logs, the electronic logs are only useful if the information from them is gathered and used. If no one is monitoring the information and acting on the data, it is unlikely that they devices would dramatically slash accident rates.

•The devices may not address some of the real reasons behind fatigued driving. While fatigued driving in Miami and other cities is a leading cause of crashes, long hours of driving may not be the only culprit. Sleep disorders, certain medications, allergies, and other issues can all cause crashes — and EHSRs and ELDs cannot address these issues. In other words, a driver may take the mandated amount of rest according to electronic logs but still be a danger on the road.

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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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New Study About Fatigue Could be Key in Reducing Trucking Accident Rates in Homestead and Other Cities

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

There is some good news when it comes to the number of serious car accidents in Homestead and other U.S. communities. Between 2012 and 2013, the number of fatal automobile crashes across the nation dropped about three percent while the number of injuries in car collisions declined about two percent.

While the number of fatal car accidents is declining and while the number of injuries in car collisions is also on the wane – possibly due to improved technology in cars – safety experts are concerned that the number of fatal trucking accidents is not similarly dropping. In fact, some statistics show that the number of these deadly crashes seems to be on the rise.

The National Highway Traffic Safety Administration (NHTSA) reports that in 2012 there were 3,921 fatal trucking collisions on U.S. roadways. This is a four percent increase over the year before. In addition, between 2009 and 2012 the number of trucking collisions leading to injury increased 42 percent while the number of fatal automobile crashes involving trucks increased 18 percent in the same time period.

According to researchers, this is especially troubling since between 2009 and 2011, the total number of trucks on highways and roads actually declined by over six percent while the number of miles traveled by commercial trucks dropped seven percent in the same time frame. This means that the number of injuries and fatalities in these crashes is on the upswing at the same time as the number of trucks is smaller, which should seemingly lead to fewer crashes.

The NHTSA finds that truck driver fatigue may be part of the reason for the numbers. The number of DUI accidents in Homestead and other U.S. cities involving truck drivers is small and truck drivers who cause fatal collisions are less likely other drivers of passenger cars to have a history of license suspension. In addition, truck drivers are generally better trained and more often tested in terms of their driving skills than other drivers.

The NHTSA does think that truck driver fatigue in Homestead and other cities is a serious issue. Despite hours of service rules that limit how long commercial truck drivers can stay on the road before resting, the number of truck drivers who surpass allowed hours and the number of truck drivers who are fatigued when driving may be significant, according to some safety experts. The hours of service rules have recently been changed and the NHTSA has stated that the further reduction of driving hours could help prevent traffic collisions.

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Could Overnight Deliveries Increase the Risk of Truck Accidents in Hollywood and Other Cities?

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

According to a new study from Monash University, overnight and early morning long-haul trucking has a higher rate of accidents when compared with trucking deliveries during regular business hours. The researchers in the study believe that if fewer trips and deliveries were scheduled in the early morning, there may be fewer collisions.

The study found that truck drivers who work for more than three hours during the night have a similar risk of accidents as drivers who are driving under the influence. Drivers who do not use cruise control, anti-lock braking systems, and other technology on their overnight drives are at an even higher risk of a collision, as are drivers with less driving experience.

To reach these conclusions, researchers spoke with 517 truck drivers who had not been in an accident between 2008 and 2011 and also spoke with 530 truck drivers who had been in a collision during the same time period. Based on these interviews, researchers found that truck drivers who were on the road between midnight and six in the morning had a threefold chance of being in an accident when compared with drivers who drove between 6 in the morning and noon. When a truck driver had not taken any rest for over four hours, the risk of a collision was twice as high.

Unfortunately, overnight driving is standard in the trucking industry, and according to sleep experts this may be contributing to trucking accidents in Hollywood and other communities. Even when truck drivers sleep before driving overnight, they may feel fatigued on overnight shifts. Other studies of shift work in other industries seem to back this up. A number of studies have shown that workers who take on shift work and overnight work have higher risks of work injury in Hollywood and other cities. Part of the problem is that working outside of regular hours fights the body’s natural circadian rhythm. Even when truck drivers and workers get adequate hours of sleep, the type of sleep they get during the day after working at night may be of a lower quality.

Fatigued driving in Hollywood and other communities has long been linked to car and trucking accidents, but it is more difficult to decide how to address the issue. The trucking industry relies on long-haul drivers to make early-morning deliveries. Customers demand on-time deliveries on tight schedules, and that can mean workers being on the road until late at night. Hours of service rules require truckers to take a certain amount of rest when driving, but they do not and cannot regulate or control the quality of sleep and rest that truck drivers get. In the future, driverless trucks and other technology may help reduce or even eliminate the dangers of fatigued driving. In the meantime, however, solutions need to be found to address the problem.

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FMCSA Names Three Leading Causes of Trucking Accidents

Published on: March 4, 2014 | By Flaxman Law Group

According to the National Highway Traffic Safety Administration (NHTSA), the number of fatal truck accidents increased between 2011 and 2012. In fact, the total number of trucking accident fatalities across the country jumped by 140 – to 3,921 fatalities – during this time period. Surprisingly, the number of truck drivers increased to 697 in 2012, an increase from 240 truck drive fatalities in 2011.

In response to the figures, the Federal Motor Carrier Safety Administration (FMCSA) evaluated what might be causing the serious trucking accidents across the country. The agency identified three main factors that could be causing trucking accidents in Homestead and other cities across the country:

1) Fatigue. Truck driver fatigue in Homestead and other cities is a known risk factor in traffic crashes. Tired drivers are more likely to make dangerous mistakes that lead to an accident. They may also fall asleep at the wheel, entering oncoming lanes and causing head-on crashes in Homestead and other cities. According to the FMCSA, long-haul truckers face tight delivery deadlines that may cause stress and may push some drivers to scrimp on sleep. Last year, the FMCSA changed hours of service rules to address this problem. Under the new regulations, truck drivers must have one 34-hour rest period per week before starting a new work week, and work weeks are now limited to a maximum of 70 hours of work.

2) Speeding. When truck drivers speed, they can easily lose control of their vehicles, especially when heavy cargo is involved. In addition, trucking accidents involving speeding are more likely to lead to multiple-vehicle accidents, fatalities, and rollover accidents in Homestead and other communities. The FMCSA has proposed new rules that would mandate speed limiters on trucks in order to prevent speeding.

3) DUI. According to the FMCSA and the National Transportation Safety Board, approximately 35% of truck drivers who suffer fatalities in crashes have illegal drugs of alcohol in their blood at the time of the collision. Illegal drugs used by truck drivers include marijuana, cocaine, and amphetamines. Currently, urine tests are required of commercial truck drivers in order to detect drug use. However, the Senate has been looking at proposed laws which would allow hair testing, instead. This can help discover habitual drug users and is considered a more accurate type of drug testing.

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New Laws Try to Prevent Truck Crashes in Homestead and Across the State

Published on: January 14, 2014 | By Flaxman Law Group

Truck driver fatigue is considered to be one of the major preventable reasons for truck accidents in Homestead and across the country. While drivers of big rigs, tractor trailers, and all commercial trucks must abide by Hours of Service (HoS) regulations set by the federal government, many safety critics have noted for years that these rules did not go far enough in limiting fatigued driving. Many argued that the hours still permitted for a long time on the road, which can be a risk since long hours behind the wheel require a great deal of focus and attention, which is hard to sustain hour after hour.

In response to concerns, new rules were passed last year in an attempt to curb fatigue-related truck and car accidents. Under the new rules, truck drivers will:

•Be able to work no more than 70 hours per work week
•Be able to work no more than 14 hours per day
•Be able to drive no more than 11 hours per day
•Need to record breaks of 30 minutes or more after eight hours or more of work
•Need to take a weekly break that is at least 34 consecutive hours and covers two periods between the hours of 1:00 a.m. to 5:00 a.m.

Before these new rules, drivers were allowed up to work up to 82 hours weekly. The new rules also come with fines and other penalties for those who disobey.

The question remains – will the new rules help prevent car and truck crashes in Homestead and across the country?

Some within the trucking industry opposed the rules, saying that they would raise prices and wouldn’t necessarily lead to better safety. They also noted that the new rules would place more trucks on the roads to compensate for the fact that drivers will work shorter hours – a move, some stated, might increase the risks of truck and car collisions in Homestead and other communities.

Some safety experts, though, noted that the new laws might not go far enough in curbing fatigued driving. After all, under the new rules drivers can still work 70 hours per week – much longer than the average 40 hour work week and potentially long enough to cause fatigue in a stressful job. Driving 11 hours a day, they noted, is still a very long time and can still cause fatigue. Some experts also noted that the new rules will not address other issues that can cause fatigued driving – issues such as sleep apnea and other sleep disorders.

What do you think? Do the Hours of Service promise to prevent traffic accidents in Homestead, or does more need to be done to keep our streets safer?

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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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Could Holiday Pressure and Work Conditions Be Contributing to Trucking Accidents in Hollywood and Other Cities?

Published on: December 19, 2013 | By Flaxman Law Group

At this time of year, authorities and law enforcement are especially concerned about truck and car accidents in Hollywood and across the country. Many people who drive vehicles for a living are under pressure at this time of year and according to experts there are many reasons why work conditions at this time of year could contribute to more work accidents in Hollywood involving vehicles:

1) Extra holiday pressure can mean longer hours. Commercial truck drivers have the number of hours they can drive regulated by federal agencies. However, not every employee is regulated in this way. An employer may send out an employee in a company truck, for instance, in order to make a delivery to an important client. And even in the case of commercial truck drivers, some motor carriers may feel pressure to have drivers make deliveries that violate hours of service rules.

2) The holidays can mean more DUI accidents. Commercial truck drivers are carefully monitored to ensure that they do not drive drunk. There are checks and strong penalties in place to ensure that commercial truck drivers drive sober. However, they may still have to deal with motorists on the road who decide to drink and drive and in some cases even trained commercial drivers may not be able to avoid a DUI accident in Hollywood due to another driver’s recklessness.

3) Deliveries at this time of year can mean tighter deadlines. There is a lot of pressure on truck drivers at this time of year to make more deliveries in a shorter time frame. Customers want purchases delivered and most businesses have holiday specials or events that require deliveries of inventory or other products. All of this can mean more rushing and more pressure, which can lead to fatigue, overwhelm, and preventable mistakes. Unfortunately for truck drivers, their mistakes can lead to serious traffic crashes in Hollywood and other cities.

4) There may be more drivers on the roads. Holiday time means more traffic as more drivers are on the roads trying to take care of holiday shopping and other errands. More traffic combined with tight deadlines can mean a great risk of collisions for big rigs and tractor trailers, especially since these vehicles need more room to turn and park. Due to holiday traffic, some drivers may be less willing to give drivers adequate room, and this can lead to parking lot crashes as well as squeeze play accidents in Hollywood and other Florida towns.

5) There may be more less experienced drivers on the roads. Many businesses hire seasonal drivers and motor carriers also feel pressure to put more drivers on the roads to meet demand. Unfortunately, newly hired drivers may not be familiar with a specific area or specific route and may be more at risk of an accident, especially with the other risks involved at this time of year.

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Could Holiday Pressure and Work Conditions Be Contributing to Trucking Accidents in Hollywood and Other Cities?

Published on: December 17, 2013 | By Flaxman Law Group

In Hollywood, truck accidents may be caused by additional pressure and the type of work conditions that occur during this time of year. According to insurance companies, claims for traffic accidents in Hollywood and other cities go up during this month. There are several factors that could be contributing to more collisions at this time of year:

1) There may be more temporary workers – and drivers — during the holiday season. Stores demand more products to meet holiday demands and many customers want delivery of their products as well. All of this means more truck traffic and this means more pressure on motor carriers to put more trucks and more drivers on the road. As a result, at this time of year there may be more newer drivers on the roads as motor carriers try to meet demands.

2) There are more deliveries during the holiday season. Stores often offer extra incentives – such as deliveries to customers’ doors – and both stores and customers are ordering more products for the holidays. This not only means more trucks on city streets, but it also means more deliveries being made to places that drivers may not be familiar with (such as customer homes). This can increase the risk of car or truck accidents in Hollywood and other communities.

3) There is more traffic during the holiday season. There are more pedestrians taking advantage of holiday events and more cars on the roads as residents visit family and go shopping. There are also more trucks on the roads making more deliveries. More people sharing the roads can mean more congestion and the potential for collisions.

4) There are tighter deadlines during the holiday season. This time of year is hectic. Everyone wants gifts delivered by a certain day, and this can put extra pressure on truck drivers to drive for longer hours to make deliveries on time. However, when drivers ignore hours of service rules and fail to get proper rest they can easily cause a crash.

5) There is more work and personal pressure during the holidays. In addition to more work pressure to make more deadlines, truck drivers may be distracted by their own holiday plans, shopping lists, and holiday events.

6) Passenger car drivers may be more distracted during this time of year. Motorists are not subject to the same strict rules as truck drivers. At this hectic time of year, drivers of passenger cars may be trying to multitask in their cars or may be exhausted due to the many holiday pressures they face. Even when truck drivers are cautious, they may still need to deal with DUI car accidents in Hollywood and with aggressive or distracted drivers.

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