Item: Flaxman Law Group
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Author: Clara Barman

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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New Trucking Rules Could Prevent Traffic Accidents in Homestead and Other Communities, But Some Debate Remains

Published on: August 10, 2013 | By Flaxman Law Group

New federal rules will ensure that truck drivers get more rest. The Hours of Service rules went into effect on July 1 and mandate:

-That truck drivers work a maximum of 70 hours weekly (previously the limit was 82 hours)
-That truckers must rest for 34 consecutive hours before “resetting” a week and starting their new 70-hour week. The rest period must include at least two nights of 1am-5am rest time.
-That truckers have a maximum 14-hour workday and a daily driving limit of 11 hours.
-That truck drivers must take a half-hour rest during the first eight hours of a working shift.

The Federal Motor Carrier Safety Administration (FMCSA) predicts that the new regulations could prevent 19 fatalities annually and stop 1400 trucking accidents across the country.

While fatigue is a contributing factor in car and truck accidents in Homestead and across the country, however, not everyone agrees that the new rules are needed. The American Trucking Associations Inc. challenged the new rules in court. In early August, a federal appeals court upheld the rules. The only change made is that short-haul truck drivers will not need to take a 30-minute break during the first eight hours of their shift. U.S. Circuit Judge Janice Rogers Brown also rejected legal claims made by some groups, including the Truck Safety Coalition, that the rules should go further.

While the American Trucking Associations Inc. v. FMCSA, 12-01092, U.S. Court of Appeals for the District of Columbia (Washington) seems to be resolved, however, the debate continues. The American Trucking Association Inc. and other groups allege that the new rules will reduce productivity and worsen a labor shortage without addressing other causes behind truck accidents. Other groups allege that more can be done to prevent truck and car accidents in Homestead and other communities. They argue that 70-hour workweeks are still too long and unsafe.

The studies and research do seem to suggest that more needs to be done to prevent truck-related traffic accidents in Homestead and across the country. According to the Bureau of Labor Statistics have the eighth most dangerous job in terms of worker fatality. Truckers also have a shorter life expectancy when compared with other workers. The Centers for Disease Control report that truck drivers have a life expectancy of 61. That is 16 years shorter than the average American.

A joint 2007 study by the National Highway Traffic Safety Administration (NHTSA) and the FMCSA concluded that fatigue is a factor in about 13% of serious truck accidents involving large trucks. The trucking industry has always maintained that the number is quite lower. According to the NHTSA, in 2011 truck fatalities across the country increased 2% and injuries rose 10%. It has led to more opinions in the debate: what causes these accidents and what can be done to prevent them?

It is true that truck-related fatalities and injuries in Homestead and other communities are caused by a number of factors, including driver inexperience, driver error, poor truck maintenance, fatigue, distraction, and other factors. Personal injury attorneys in Homestead and other communities often spend months compiling data and working with private investigators to determine the cause of a crash. However, if the research is true and the new rules will save 19 lives, surely that is worth the effort.

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Trucking Industry Claims New Federal Rules May Not Help Prevent Truck Accidents in Homestead and other US Cities

Published on: July 27, 2013 | By Flaxman Law Group

New federal safety rules were passed this month, mandating more rest for truckers, closing some break loopholes, and ensuring that commercial truck drivers work shorter shifts. While some safety experts claim that the move may help prevent fatigue-related truck accidents in Homestead and across the country, some are claiming that the new safety rules may cause some problems.

According to some experts, the new rules will exacerbate a truck driver shortage and will reduce productivity, likely also increasing costs for businesses. Federal regulators claim that these problems will be balanced by improved safety on the roads and fewer accidents, but some in the truck industry say the rules may not necessarily improve safety.

The Department of Transportation and the Federal Motor Carrier Safety Administration predict that the new rules may help prevent 19 traffic deaths and 560 injuries as well as 1400 collisions. The agencies estimate that the rules will save $280 million in prevented collisions and $470 million in terms of better driver health.

The new rules reduce the number of weekly hours allowed for drivers from 82 down to 70. In addition, drivers will be required to take a 30 minute break after eight hours of driving and will need a 34-hour rest break weekly. This means that most truck companies will need to hire more drivers to maintain the same travel routes. With an already tight job market, this means that some truck carriers may scramble to fill those positions. This raises a basic question: what quality of drivers will be hired if there is already a shortage and truck carriers need to hire more?

Another problem will be productivity, which is estimated to decline about 3% as a result of the rules. The trucking industry is a $600 billion industry and the new rules are expected to increase costs for the industry by about $18 million. The Department of Transportation also estimates that hiring and training new drivers can also add about $320 million in costs. This means that truck companies may have less money to put towards maintenance and safety improvements.

While some experts question whether the new rules might not have a negative impact, others claim that the rules do not go far enough in preventing truck and car accidents in Homestead and other US cities. The Advocates for Highway and Auto Safety in Washington argues that truck drivers should be given a continuous 48-hour rest break each week and should be limited to driving only 10 consecutive hours at a time.

Most experts agree that fatigued driving contributed to about 13% of traffic accidents in Homestead and across the country each year. However, there is some disagreement about how best to address the issue.

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Will New Rules Prevent Truck Accidents in North Miami Beach and Other Communities?

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

According to the Federal Motor Carrier Safety Administration (FMCSA) and the U.S. Department of Transportation, new federal trucking rules have recently come into effect in an attempt to reduce the number of fatigue-related truck accidents. The news is bound to be a positive step for anyone who is concerned about truck accidents in North Miami Beach and other Florida communities.

The new rules change hours-of-service requirements, reducing the total number of hours commercial truck drivers can work weekly. Under the old rules, commercial truck drivers could have worked up to 82 hours within each seven-day week. With the new rules, that total amount will be reduced to 70 hours per week.

The new rules also require truck drivers to take 30 minute breaks for every 8 hours in the truck. In addition, once truck drivers reach the total 70 hour maximum for the week, they must take a 34 hour break to “restart” their week before they can start another week. According to the FMCSA, truck drivers will only be allowed one restart rest period per weeks, so they cannot exceed the 70 hour workweek by simply “restarting” with a longer break more than once.

Safety experts predict that the rules will make the streets safer, especially since many truck and car accidents have been linked to fatigued driving. The changes will mean that truck drivers will have to take more breaks rather than driving more. For motor carriers, the rule changes can mean some new challenges. It may mean calling in standby help or making scheduling changes to accommodate the new regulations. For truck drivers, it may mean a smaller paycheck as hours are reduced and as motor carriers absorb the cost of hiring new drivers. Many motor carriers, however, have told the media that they agree with the changes.

According to the U.S. Department of Transportation, about 13% of commercial truck accidents each year involve driver fatigue. While the total number of truck accidents across the country has decreased in recent years, authorities agree that these types of changes are still needed to further reduce traffic collisions in North Miami Beach and other communities.

The new rules went into effect across the country on July 1. It may take months or years to fully see the effect of these changes on the number of truck and car accidents in North Miami Beach and other communities. However, many are pleased to see the changes and are encouraging authorities to pass additional rules to keep streets safer.

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Truck Drivers Get Serious About Health to Prevent Truck Accidents in Miami and Other Florida Cities

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

There is a well-established link between truck driver health and truck safety. Truck drivers in poor physical shape are more likely to suffer from sleep apnea, obesity, heart disease, and other medical conditions that can eventually lead to truck accidents in Miami and other communities. Unfortunately, commercial truck drivers also tend to have one of the least healthy lifestyles among the working classes. Shift work, frequent travel, long days of sitting, stress, and poor eating on the road can all contribute to poor health and can eventually lead to truck and car accidents in Miami and other cities.

Fortunately, some commercial truck drivers are striking back against the unhealthy lifestyle. Through groups such as Driving Healthy, The Healthy Trucker, and others, commercial truck drivers are making important lifestyle changes to lose weight and get healthier so that they can stay safer on the roads. According to safety experts, truck drivers can do this by:

1) Getting exercise. One of the biggest risk factors associated with trucking is that truck drivers spend hours each day sitting and driving. Studies have shown that workers who sit for more than eight hours per day have a higher risk of heart disease and earlier death. To exercise, truck drivers need to stay motivated and they need to fit in workouts in small increments – while a truck is being loaded or fueled up, for instance, or before the day starts. Some truck drivers use social media or a journal to keep track of exercise so that they stay motivated to work out each day.

2) Making the best food choices possible. One of the biggest challenges to truck driver health is diet. Many truck drivers grab fast food, which is inexpensive and convenient, but also contains a lot of fat and calories with very little nutritious value. Few truck drivers can cook in their trucks, and relying on fast food can lead to obesity and health problems, which in turn can increase a truck driver’s risk of traffic accidents in Miami and other communities. Some truck drivers are stocking up on healthier no-cook options in grocery stores. Foods such as fresh fruit and salads from a salad bar can be a better option than hamburgers. Truck drivers who have an inverter in their truck can cook using portable kitchen appliances and many truck drivers also use slow cookers in their cabs to cook up their own meals rather than relying on junk foods.

3) Getting regular check-ups. Since commercial truck drivers travel a lot, visiting the doctor regularly can be a challenge. However, making an effort to visit clinics and to get regular check-ups can ensure that any health problems are caught and treated early – before they become a real danger.

4) Avoiding smoking, excessive caffeine, and other stimulants. Truck drivers who have deadlines to meet will sometimes use stimulants to stay awake, but these are very unhealthy and put extra stress on the heart and on the entire body. Adequate rest and sleep is the best option for staying healthy.

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Reasons Why Everyone Needs to Be More Concerned About Truck Accidents in Miami and Other Florida Cities at This Time of Year

Published on: June 18, 2013 | By Flaxman Law Group

Truck accidents in Miami and other Florida communities are a year-round problem. Throughout all seasons, truck collisions cause hazardous spills, fatalities, and serious injuries. Each year, for example, people are rushed to local emergency rooms in Miami with burns and head injuries caused by truck collisions. In the summer, however, truck accidents can be an even greater risk for a few reasons:

1) Traffic tends to change during the summer. In the summer months, traffic patterns change for a few reasons:

•Seasonal businesses mean different trucks and more trucks on the roads
•Summer means more tourists on the roads, sharing space with trucks
•There are more pedestrians and bicyclists sharing the roadways with traffic
•Roadwork can mean traffic detours and changing road conditions
All of these changes may mean that drivers need to adapt to new road conditions to avoid being involved in a truck or car accident in Miami or their community.

2) There are more trucks – and different types of trucks — on the roads in the summer. Miami really comes alive in the summer, and this can mean more trucks on the roads as businesses order more products to meet tourist and customer demands. Higher truck traffic can mean more traffic collisions in Miami and surrounding areas, especially if the new truck routes are taken over by new drivers who are less familiar with the challenges of driving in Miami. Another road hazard at this time of year is that there are different types of trucks on the road – each with their own hazards. Moving trucks are more common at this time of year, for example, and can cause accidents. Food trucks and trucks moving event-related equipment are also more common and can cause unique challenges on the road.

3) Heat and weather become a factor during the summer. Miami summers mean high heat, humidity, and sometimes heavy showers. Unfortunately, these weather conditions can all contribute to truck, car and motorcycle accidents in Miami and across Florida. Heat can magnify drowsiness and fatigue while rain can cause slippery road conditions. Heat can also put extra pressure on older cars and especially on tires, potentially leading to tire blowouts and other problems. Glare and bright sunlight can easily cause car and pedestrian collisions in Miami and surrounding areas because bright sunlight reduces a driver’s ability to see clearly.

The bottom line is simple: driving conditions change considerably from season to season and to avoid collisions in the summer it is important for all Miami drivers to use extra caution and to adjust their driving to the conditions.

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Shift Work a Real Issue in Terms of Truck Accident Risks in Miami and Other Cities

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

Large cities such as Miami pride themselves on working around the clock. No matter what time it is in Miami, chances are that someone is working. While that means convenience for the customer, a 2012 study published in the British Medical Journal finds that shift workers – especially truck drivers – are at an increased risk of accidents and illness due to their work. Quite simply, working shifts can increase the risk of a truck accident in Miami and other communities.

The risk for truck drivers is that they often work in ever-changing shifts to accommodate deadlines set by motor carriers. They may have to drive late at night one week and work days the next. According to researchers, truck drivers and those employees who work shifts are more prone to a number of illnesses, including:

•Strokes
•Heart attacks
•Obesity
•High Cholesterol
•Diabetes
•Sleep Apnea
•High blood sugar
•Arthritis
•Joint and Back Pain
According to the study’s authors, the issue is that shift work leads to a breakdown in the nervous system, which can result in these types of serious illnesses. In truck drivers, an additional problem is that drivers sit down for much of their work and due to hectic schedules may not get much exercise, which further puts them at risk.

Shift work can also result in serious fatigue, and as numerous studies have shown, fatigued driving results in many truck and car collisions in Miami and across the country. Of course, when truck drivers have serious health issues, they are even at greater risk of being in a traffic accident in Miami or another city. If a truck driver has a stroke or heart attack behind the wheel, the resulting loss of control of the truck can cause a devastating crash that claims many lives. Even non-life-threatening illnesses, such as sleep apnea, are very serious for truck drivers because they can cause the driver to lose control of their vehicle and cause a crash.

The study in the British Medical Journal suggests that truck drivers and other shift workers can be protected from some of the dangerous effects of shift work if:

•The work schedule is limited to 12 hours
•Workers are given two full nights of sleep before a night shift and day shift
•Workers are not made to work a night shift permanently
One of the obstacles with truck drivers is that in many cases drivers face pressure at work to drive for longer distances and work longer hours in order to meet deadlines. Although there are federal rules in place to prevent truck drivers from working exceedingly long hours, these rules are sometimes broken. In too many cases, this results in serious traffic collisions in Miami and across the country.

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Face-Tracking Technology Could Reduce Trucking Accidents in Miami and Across the Country, Experts Say

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

Caterpillar, a company that makes mining equipment, is launching face-tracking and eye-tracking technology that it claims can reduce fatigue-related truck accidents. Could the new product help prevent truck and car accidents in Miami and other cities? The technology is a combination of software, sensors, and alarms which monitor the truck driver and issue an alert when the driver shows signs of potentially falling asleep. Some companies, including Newmont Mining and BHP Billiton have conducted trials with the new technology and initial reports suggest that the system is impressive.

Would the system work better than other systems already in place to prevent car and truck accidents in Miami and other cities? According to the makers of the face-tracking and eye-tracking technology, the new system is different because truck drivers do not need to wear special equipment for the system to work. As well, the technology works even when truck drivers switch shifts.

The system uses cameras and sensors to determine when a driver is looking away from the road, how often the driver blinks, and how long the driver’s eyes remain shut. The aim is to detect micro-sleep – a state in which a fatigued person falls asleep for fractions of a second without being aware of the sleep time. When the system detects a state of micro-sleep it agitates the driver’s seat and sounds an alarm to wake the driver up. The system also sends a report back to the driver’s employers to alert them of the problem. The company that hired the driver can also review data from the truck and the cameras and can get a video feed of the driver’s eyes.

Caterpillar acknowledges that there are still some issues with the technology. Currently, the system cannot differentiate between a driver looking down and closing their eyes. This means that driver who glances down may trigger the alarm. Despite this, Newmont Mining told the BBC that in a trial of the technology the company was able to reduce fatigue-related issues by 90%.

Currently, the main system preventing fatigue-related truck and traffic accidents in Miami and across the country are federal laws which dictate the maximum number of hours truck drivers can work and require specific rest periods. The federal laws also require commercial truck drivers to keep a log of hours driven and rests taken. As safety experts have noted, however, it is easy to circumvent these rules and to falsify logs. The federal laws also do not address fatigue caused by sleep disorders or illness. The new technology, according to some experts, will address signs of fatigue and as a result may be a better way of preventing truck collisions in Miami and other cities.

One of the biggest obstacles to the technology may be cost. According to Caterpillar, equipping just one truck with the technology costs up to $20 000. Currently, many truck carriers do not install other potentially life-saving technology due to costs and this technology is expensive.

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New Study Could Suggest That Caffeine May Prevent Some Truck Accidents in Miami Springs and Other Communities

Published on: April 30, 2013 | By Flaxman Law Group

An Australian study published recently in the British Medical Journal found that truck drivers who consumed caffeine were less likely than other motorists to be involved in crashes, even when lack of sleep and other factors were accounted for. The study looked at 530 long distance commercial truck drivers who were involved in a crash between 2008 and 2011 and an additional 517 truck drivers who had not had an accident in the past twelve months. The researchers at The George Institute at the University of Sydney conducted interviews to determine how much caffeine each truck driver consumed as well as the health and demographics of each driver.

According to researchers, 85% of truck drivers who were involved in accidents didn’t consume energy drinks regularly. 78% of truck drivers involved in accidents did not drink any caffeine. However, 51% of truck drivers who did not have an accident in the past year didn’t drink caffeine.

The research is compelling, but could caffeine really help prevent truck accidents in Miami Springs and across Florida? The researchers from the study agree that more research needs to be done about the effects of caffeine on fatigued driving and truck accidents. Most experts also agree that fatigued driving is a leading cause of truck accidents and car accidents in Miami Springs and across the country. Fatigued driving causes many dangerous situations for drivers:

1) Fatigued driving slows response times. According to some research studies, response times of heavily fatigued drivers are similar to those of drunk drivers. However, while there is a great deal of education and a great deal of social pressure not to drink and drive, fatigued driving is just seen as a reality caused by hectic lifestyles. Not all drivers are aware of the risks of driving when sleepy.

2) Fatigued driving increases the risk of driver errors. We are all more likely to make errors when we are tired, but making errors behind the wheel can lead to a serious pedestrian accident in Miami Springs or your community. Drivers who are tired may make obvious errors such as failing to signal, changing lanes without checking for oncoming traffic, ignoring traffic lights, and other major mistakes.

3) Fatigued drivers may fall into micro sleeps. According to sleep disorder experts, when the human body is very tired, it shuts down for very small increments of time – often just seconds or fractions of a second – as it struggles to cope with extreme fatigue. Unfortunately, when this happens behind the wheel of a car, it can cause a serious traffic accident.

4) Fatigued drivers may fall asleep at the wheel. Each year, traffic accidents in Miami Springs and across the country occur because a driver falls asleep behind the wheel of their truck or car and heads into oncoming traffic or another vehicle.

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Should Motorists be Subject to the Same Laws as Truck Drivers to Prevent Truck Accidents in Miami Lakes?

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

Many experts believe that one of the reasons why car and truck accidents in Miami Lakes and other Florida communities are so prevalent is because car drivers are not subject to the same strict rules as commercial truck drivers. Car drivers are in fact allowed to text and drive in Florida, are allowed to drive fatigued, and can engage in a number of driver behaviors that put them – and others on the road — at risk. There are many laws that could potentially help reduce the instances of truck and car accidents in Miami Lakes and other Florida communities if they were applied both to commercial truck drivers and passenger car drivers:

1) No texting. Florida has been trying to pass a texting ban for regular drivers for years. There is currently legislation working its way through the system to potentially ban texting for drivers, but similar legislation has failed in the past. In contrast, government employees and commercial truck drivers, by federal law, are not allowed to text and drive. Numerous studies have shown that drivers who text and drive remove their eyes from the road for long enough to potentially cause a serious pedestrian accident or another type of collision. Many experts believe that instituting a texting ban could help prevent many types of traffic accidents in Miami Lakes and across Florida.

2) Screening and added education. Currently, in order to get a driver’s license in Florida, drivers must only get minimal training and spend some time in a car with a driving instructor. There is no requirement for refresher courses or additional training once a driver is licensed. In contrast, commercial drivers need to undertake very thorough testing and extensive education in order to drive a commercial truck. Most drivers also must take refresher courses and take part in continuing education in order to maintain their commercial driver’s license. Some experts feel that additional mandatory driver training for passenger drivers as well as refresher courses would help drivers stay safe on the road. After all, driving conditions, traffic, car designs, and driving ability change over a lifetime. Refresher courses would help address some of these changes and would help keep drivers safer.

3) Rules regarding fatigue. Commercial truck drivers are subject to federal rules concerning how long they can drive before taking a break and are subject to rules concerning the number of breaks and the length of breaks they must take before starting to drive again. In contrast, there are no set rules available for passenger car drivers, even though fatigued driving causes multiple pedestrian accidents in Miami Lakes and other communities as well as other types of traffic accidents. Experts agree that laws regarding fatigued driving would be difficult to enforce, but reducing the number of fatigued drivers on the road would also help make the roadways safer for everyone.

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