Item: Flaxman Law Group
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Author: Clara Barman

Could Software Innovations Help Prevent Truck Accidents in Homestead and Across the Country?

Published on: April 16, 2013 | By Flaxman Law Group

Traditionally, truck drivers have self-reported distance driven, rest stops taken, and other details. By federal law, truck drivers must log this type of information and make this data available as needed. For years, personal injury attorneys in Homestead and other communities as well as victims of truck accidents have been upset with the system, noting that truck drivers can forget to write down important details – such as when they took a rest stop – or can falsify information in order to hide the fact that they were driving longer than they should have. Technology, according to some experts, could help prevent this common problem and may even be able to help prevent truck accidents in Homestead and across the country.

Software promises to be a more effective way to log distance driven, speed, stops, and other truck driver information. Software, according to experts, would be harder to falsify and would automatically track data so that truck drivers wouldn’t have remember to note down this information themselves. In the event of a truck or car accident in Homestead or another community, the software would make this information available in a reliable format, so that victims and personal injury attorneys could review the facts.

Software Innovations

A company known as Telogis has developed software that promises to reduce the number of truck accidents in Homestead and across the country. The software is designed to improve driver training and knowledge of safety practices and also works to track driver behaviors behind the wheel. Developed for commercial truckers, especially in the gas and oil industries, the software tracks safety belt use, acceleration, speed, maintenance needs, gas use, and sudden braking. The information is made available to both the driver and to fleet managers in real time.

The software was developed because truck drivers involved in the gas and oil industry face shift work, long haul drives, and deadline pressure on the job. According to the National Institute for Occupational Safety and Health (NIOSH), areas with well-developed oil and gas industries have a higher rate of truck accidents. However, experts believe that software such as this could help prevent traffic accidents in Homestead and across the country involving all types of commercial truck drivers, not just tankers involved in gas and oil industries. So far, software such as this has not been widely used, but in coming years experts predict that these types of systems will become standard for many motor carriers. After all, for motor carriers software can help them better track driver behavior and can help them weed out unsafe drivers who could embroil the truck carrier in a legal claim. In the event of an accident, the software can also help truck carriers defend themselves or can help provide hard data that can be used in a claim.

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What Puts Truckers in North Miami and Other Florida Cities at Risk of Fatigue-Related Accidents?

Published on: March 29, 2013 | By Flaxman Law Group

Truck drivers face a lot of pressure on the job, and unfortunately there are news items almost every month about truck drivers who have caused a serious accident or even fatalities by falling asleep at the wheel. Fatigue-related related truck accidents in North Miami and across South Florida are a fact of life. However, most of the reasons behind these accidents are completely preventable. Fatigue-related traffic accidents in North Miami and Florida are most often caused by:

1) Sleep apnea. Sleep apnea is a serious condition that can affect anyone. Sufferers face interrupted sleep throughout the night, but often cannot remember waking up multiple times when they wake in the morning. People who have sleep apnea are often extremely fatigued throughout the day and may even fall asleep during the day because they are not getting adequate rest at night. This common, treatable condition causes many truck and car accidents in North Miami and across the country.

2) A sedentary lifestyle and fast food on the go. Truck drivers often spend the majority of their life on the road. Since they’re sitting in their trucks and often relying on fast food or restaurant food for meals, the unhealthy lifestyle can contribute to a variety of health conditions – including sleep apnea – that can affect driving ability and can lead to sleepiness.

3) Shift work. Studies have shown that workers who work in shifts are more prone to extreme fatigue, falling asleep at the job, and other health dangers. Truck drivers often drive in shifts because they have deadlines to meet, and this can cause extreme fatigue or can even cause a truck driver to fall asleep behind the wheel of their truck.

4) Long haul drives. We rely on trucks to get customer products and goods across the country and across the continent. Unfortunately, this often means long haul drives, which puts extra pressure on truck drivers and can mean fatigued drivers. Federal rules require truck drivers to take frequent rests and to get adequate sleep. However, enforcing these rules is often challenging. In some cases, drivers break the rules or motor carriers pressure drivers to break the rules to ensure that products get to their destination on time.

5) Tight deadlines. Many truck drivers have to get their cargo to a specific destination by a specific time. Many things can slow them down, including bad weather, traffic, and other issues. When drivers are pushed to make a delivery on time, they may get less sleep or may take less stringent care of themselves, which can lead to fatigued driving and possible accidents.

6) Highway hypnosis. Long periods of driving can lead to highway hypnosis, which can easily lead to a truck driver falling asleep behind the wheel of a truck, especially if he or she is already tired.

7) Medication and illegal substances. Some medication and drugs – including illegal drugs – cause fatigue and sleepiness, which can be very dangerous for truck drivers.

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Truck Accidents in Fort Lauderdale and the Drowsy Driving Epidemic

Published on: February 7, 2013 | By Flaxman Law Group

According to the Centers for Disease Control and Prevention (CDC), about 4.2% of drivers polled said that in the past 30 days they had fallen asleep while driving. According to the National Highway Traffic Safety Administration (NHTSA), fatigued driving leads to more than 100,000 car accidents annually, while other experts claim that the number may be even higher. A number of car and truck accidents in Fort Lauderdale and across Florida each year are caused by drowsy driving.

Truck drivers must abide by certain rules to reduce the risk of fatigued driving. For example, commercial truck drivers must keep a log of working hours, driving hours, and hours of rest. They must also take a certain number of breaks while driving. While these regulations have helped to reduce truck and car accidents in Fort Lauderdale and across the country, there is no one regulating drivers of passenger vehicles. If you are a driver, you can easily cause a collision with a truck if you drive drowsy. To prevent this:

1) Be aware of symptoms of sleep disorders. If you snore, wake up frequently during the night, wake up tired, or experience unusual fatigue during the day, visit your health care practitioner. Untreated sleep disorders cause many traffic accidents in Fort Lauderdale and across Florida each year. There are treatments available that can help you get a good night’s sleep so that you can drive safely.

2) Use caution if you use sleeping pills. The FDA has recently introduced new rules about the dosing of some sleeping pills. Sleeping pills may leave you fatigued in the mornings and some studies suggest that the drugs may be linked to early-morning collisions. Be cautious about taking the pills if you will be driving early in the morning. If you do need to take medication for a sleeping disorder, make sure that you understand the side effects and take the smallest dose you and your doctor agree upon.

3) Take drowsy driving as seriously as drunk driving. The problem with drowsy driving is that many people dismiss fatigue easily. While many drivers are aware of the risks of drunk driving accidents in Fort Lauderdale and other communities, there is less stigma attached to driving when tired. Many drivers see fatigue as just a part of modern life and drive even when very tired. This type of approach leads to accidents. Just as you would not drive after drinking, do not drive if you feel too fatigued, too unfocused, or too upset to drive safely.

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How Sleep Apnea Leads to Truck Accidents in Davie and Other Communities

Published on: February 2, 2013 | By Flaxman Law Group

Sleep apnea is a medical condition that prevents a patient from getting a full night of sleep. Sufferers who have the condition are woken up many times throughout the night because they stop breathing for very short bursts of time. Sleep apnea is a treatable condition but in a number of cases it has led to devastating truck accidents in Davie and in other communities. There are many ways that this medical condition can lead to traffic accidents in Davie and across Florida:

1) Sleep apnea causes fatigue, which slows reaction times and can lead to more driver mistakes. Studies have shown that fatigued drivers have the same slow reaction times as inebriated drivers. In addition, studies have shown that fatigued drivers are more likely to make mistakes, which can lead to an accident.

2) The fatigue caused by the condition can exacerbate road rage and irritability. It is well-known that road rage causes car accidents in Davie and across the country. Studies have shown that fatigued driving is likely to lead to road rage, because fatigued drivers are more likely to feel irritability and may have a harder time controlling their tempers.

3) Sleep apnea can cause drivers to fall asleep at the wheel. In cases where sleep apnea is not treated and gets worse, drivers can eventually become so fatigued that they fall asleep at the wheel and drive off the road or into oncoming traffic.

4) Sleep apnea can be hard to detect, meaning that drivers may not notice that something is wrong until after an accident occurs. In many cases, sleep apnea has few symptoms, other than fatigue – and that is easy to blame on a heavy workload. Sufferers usually do not remember waking up many times during the night, and do not realize that anything is wrong. If truck drivers notice symptoms such as significant fatigue they do have an obligation to get the symptoms checked out. Similarly, motor carriers have a responsibility to make sure that their drivers are healthy and safe on the road. If carriers and drivers are negligent in this regard, they can be held liable in the event of an accident.

5) The condition can exacerbate other conditions and issues. If a driver has trouble focusing on the road, fatigued driving is even more likely to make them distracted. Fatigue and lack of proper sleep can also make a driver more susceptible to illnesses and medical problems, which can affect driving. For example, lack of proper sleep can exacerbate hypertension, which can lead to heart disease.

6) Truck drivers may be especially subject to sleep apnea. According to researchers, obesity and a sedentary lifestyle can contribute to the condition. Unfortunately, most truck drivers spend long hours sitting in their trucks and often eat on the go, sometimes meaning that healthy food choices are harder to find. This can make drivers more at risk for sleep apnea.

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FMCSR Aims to Halt Fatigue-Related Truck Accidents in Coral Springs and Florida

Published on: January 22, 2013 | By Flaxman Law Group

Fatigued driving is known to be one of the most common reasons for car accidents and truck accidents in Coral Springs and across Florida. Preventing fatigue-related car accidents in Coral Springs and other communities can be tricky, however, since passenger car drivers are not bound by the same strict federal regulations as commercial truck drivers. However, FMCSR regulations for truck drivers are strict and experts believe that these regulations, when followed, help prevent accidents. These rules include:

1) A provision which holds motor carriers and truck drivers responsible for fatigued truck drivers. If a driver is impaired and tired due to illness, fatigue, or any other cause and may be unsafe behind the wheel, it is the responsibility of both the truck driver and the motor carrier to not permit the driver to operate a truck. This rule ensures that if you are in a traffic accident in Coral Springs that is caused by fatigue truck driver, both the motor carrier and the driver may be held liable. This can improve your chances of getting fair compensation in your case.

2) Commercial truck drivers cannot drive more than eleven hours consecutively after 10 hours off duty. This rule ensures that truck drivers get adequate rest and are not encouraged to drive to the point where there so fatigued that they are at risk of a truck accident.

3) Commercial truck drivers cannot drive after having driven 60 hours during 7 days consecutively. This applies to all motor carriers who do not operate commercial trucks seven days of the week. This rule ensures that truck drivers get adequate rest and don’t work overly long weeks.

4) Commercial truck drivers cannot drive after having been on duty fourteen hours after a 10 hour break off-duty. Truck drivers who are not actively driving may still be on duty and working. For example, they may be overseeing the loading of cargo or waiting for a truck to be loaded. By counting these hours as work, too, federal regulators ensure that truck drivers don’t work long hours which can lead them to be in a accident.

5) Commercial truck drivers cannot drive after having been on duty for 70 hours over 8 days consecutively. This rule applies to motor carriers who operate commercial trucks seven days a week.

6) Drivers need to be off duty for 34 consecutive hours to reset the seven or eight consecutive days described in FMCSR.

7) A commercial truck driver with a sleeper berth in his or her truck needs to have at least ten hours consecutively off duty or in the sleeper berth before beginning to drive again.

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Studies Suggest That Health of Truck Drivers May Play a Role in Truck Accidents in Homestead and Across Florida

Published on: January 3, 2013 | By Flaxman Law Group

A study out of University of Minnesota has determined that driver health may play an important role in truck accidents. Researchers examined the BMI (body mass index) of newly hired commercial truck drivers. The study researchers measured accident rates and BMI of the drivers for two years, or until the drivers left the company. The study found that truck drivers with a BMI of 35 or more – which is considered extremely obese – had an accident rate of 43-55% higher than drivers with healthy BMI. Commercial drivers who were overweight or moderately obese were not found to have significantly higher accident rates than drivers with ideal BMI ranges.

What does this mean for truck accidents in Homestead and other communities in Florida? It could mean that in addition to driver error and other common causes of truck accidents, obesity and health issues could be contributing to traffic accidents in Homestead and in Florida. Obesity can lead to many serious illnesses, such as:

1) Sleep apnea. Patients who are obese are more at risk of sleep apnea, a potentially dangerous condition causing patients to experience disrupted sleep cycles. Patients with sleep apnea often wake during the night because their breathing is cut off. When patients wake up, they may not remember having problems sleeping but they generally experience extreme fatigue during the day and may have a hard time getting “enough” sleep. Truck drivers with sleep apnea may be extremely tired on the road, in some cases driving off the road or losing control of their vehicles, leading to serious collisions.

2) Sudden death. Patients who are obese are more likely to suffer from heart problems. Undetected and untreated, heart disease can lead to heart failure and other types of emergencies that can lead to sudden death.

3) Obesity-related diseases. Obesity has been linked to many serious illnesses, including diabetes, cancer, heart disease, strokes, and other serious ailments. Truck drivers who are obese are at risk of developing these diseases, which can affect their ability to drive. In cases where a disease goes undetected, the symptoms can affect a driver’s ability to operate a truck. In some cases, symptoms can be severe enough that they lead to a truck-related car accident in Homestead or other communities.

4) Mobility issues. Severe obesity may make it harder for truck drivers to move easily. This can make it harder for truck drivers to check blind spots and generally drive safely.

5) Medication issues. In many cases, truck drivers who are severely obese and have health issues because of it may be taking medication for their medical conditions. Prescribed and over-the-counter medications, however, may have serious side effects that affect a driver’s ability to drive safely.

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Now that the Holidays are Nearing, the Risk of Aventura Truck Accidents is on the Rise

Published on: October 25, 2012 | By Flaxman Law Group

With the holidays approaching, there are more trucks on the road than ever before. They are delivering products to retailers for holiday sales and are delivering purchases and packages to customers. Extra trucks on local roads can mean a greater risk of Aventura truck accidents, so consider these tips for staying safe:

1) Consider doing your holiday shopping early. Not only is it more convenient (and less stressful) but it will prevent you from having to be out as often when there are even more trucks on the road. One of the big risks for seasonal Aventura car accidents is that motorists are stressed out at this time of year, and therefore more likely to make mistakes. Giving yourself more time to run errands and shop may help you reduce the risk of an Aventura traffic accident.

2) Get your car a tune-up. This is especially important if you will be taking a road trip to visit family for the holidays. Keeping your car in good shape means that your car is more likely to respond correctly when you need to make sudden maneuvers to avoid a collision.

3) Take the distraction-free pledge. At this time of year, everyone is busy, but avoiding distraction behind the wheel becomes extra important in order to avoid accidents.

4) Have at least three safe options for getting home if you will be attending holiday events. Prevent Aventura drunk driving accidents by planning ahead now. Tuck extra money into an inner pocket of your wallet, along with the numbers of cab companies. Slip a bus schedule into your glove compartment. Write down the phone numbers of friends who can offer you a safe drive home. Planning ahead and having more options allows you to stay safer during the entire holiday season.

5) Review the basics of driving safely around trucks. A big part of avoiding Aventura truck accidents involves knowing how to share the road. Trucks require more room to stop, so it is important not to follow too closely. Trucks also have more blind spots, which is another reason to give them more room.

6) Review your to-do list and see what can be removed. Stress and rushing are two key causes of many traffic accidents. Having fewer things to do allows you to enjoy more time with your loved ones and may even help to keep you safer.

7) Schedule in some extra sleep. Drowsy driving is as dangerous as drunk driving, according to some research studies, since driving sleepy means you are driving with the same slower response times as an intoxicated driver. Tired drivers are also more apt to fall asleep behind the wheel and lose control of their cars. Shorter days at this time of year can exacerbate the effects of poor sleep, so make sure that you are sleeping well. Speak to your doctor if you feel tired often.

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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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Could New Rules Help Prevent Davie Truck Accidents?

Published on: May 17, 2012 | By Flaxman Law Group

According to the Federal Motor Carrier Safety Administration (FMCSA), there were 33,808 people killed in truck accidents across the nation in 2009 alone. About 10% of these victims suffered fatal injuries while another 74,000 people suffered non-fatal injuries. However, the bad news for victims of Davie car accidents is that passengers of smaller vehicles suffered disproportionately. In only 15% of cases were the victims of fatalities occupants of large trucks – most were the occupants of passenger vehicles and smaller vehicles.

According to the FMSCA, the main factors leading to commercial truck accidents were speeding, failure to remain in the correct lane, and driver distraction. In about 2% of fatal large truck crashes in 2009 intoxication was a factor and in 3% of cases drivers had alcohol in their blood stream at the time of the accident.

In addition to these factors, driver fatigue also played a role in many large truck accidents. Recently, the Federal Motor Carrier Safety Administration (FMCSA) enacted new rules to Hours of Service (HOS) in order to address this issue. The changes required fewer driving hours and more rest breaks for drivers of commercial trucks. However, the trucking industry disagrees with the new rules and is heading to court in order to seek a review of the changes.
The rules require truck drivers to rest for 34 hours before starting a new week of driving on the road. As well, under the changes, drivers must have two overnights between one am and 5 am during that rest period. Furthermore, the rules require truck drivers to take a 30 minute break after every eight hours on the road. The FMSCA has deemed that all drivers must comply with the new rules by 1 July 2013.

While the FMSCA and other experts believe that the rules will prevent driver fatigue and will prevent Davie truck accidents as well as truck accidents across the country, many truckers disagree. The American Trucking Association has filed a petition asking for a review to the rule changes. The petition, filed with the U.S. Circuit Court of Appeals, may keep federal authorities from adopting the new rules. At the heart of the matter are two issues. First, whether the rule making process used to enact the new rules is allowed and second, whether the new rules will in fact help prevent accidents.

Truckers and other experts who oppose the rule changes argue that previous HOS rules were enough to help prevent Davie traffic accidents. They also note that the new rules create added costs for drivers and make it harder for drivers to make a fair wage. In addition, some experts claim that the new HOS rules could actually contribute to Davie truck accidents by requiring more trucks on the road and by making good drivers less interested in the trucking industry. Some experts also claim that the added costs of reduced hours may prompt some carriers into reducing costs elsewhere, rather than using money for better safety.

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